Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-03-15
GARDINER SHUT OUT
Grand Jury Objects to Presence o.
District Attorney.
SUSTAINED By RECORDER GOFF
Orchestra Leaders Arrested by
Desety's Orders Are Discharged.
TESTIMONY

NEW YORK, March ia sensational
element was injected into the reform move
ment today when the grand jury formally
protested against the presence of District
Attorney Gardiner during the examination
of DR.. Parkhurst. Shortly after they as
sembled the grand jury went In body be-
fore Recorder Golf and asked for nstruc-
tons. The foreman, addressing the re-
ccrder, said that the orderly proceedings
of business had been interfered with and
the grand jury desired to examine wit
nesses without the presence of any men,
ber of the district attorneys Office A
spirited colloquy ensued between Col. Gar
diner and Recorder Goff, the latter declin-
ing to allow the district attorney to address
him Finally Col. Gardiner was allowed to
state his side of the controversy. He claim
ed that he had right to be present in the
grand jury room and to advise the Jury
if necessary in the examination of wit
noSSeS.
Recorder Sustains the Jury.
Recorder Goff, in a lengthy address, sus-
tained the grand jury. He defined the con-
ditions under which the district attorney
might be present. but said that right was
limited to the giving of Information &c the
grand jury. After that information had
been given. said the recorder, his functions
cease and he must withdraw. Should the
necessity for It arise, said the recorder, the
jury could compel him to retire. Col.
Gardiner attempted to enter a protest, but
this the recorder refused to hear.
The action of the police officials last
night in arresting the proprietors and man.
ayers of several reputable restaurants and
hotels in which music is made n. feature OF
the dinner hour was generally discussed to-
day. These proceedings We're based upon
the law requiring hotels to have concert
license orchestra GnnnlDVeH
section under which the attempt was made
to close the notorious resorts in the tender
loin precinct.
In the jefferson Market police court to-
day Magistrate Cornell summarly dis
missed the leaders of the orchestras ar
rested last night at Chief Deverys order
in some of the uptown hotels and restau-
rants. ana afterWard discharged. the man.
ayers arrested. He said the afrests We're
an outrage. One of those arrested is to
bring civil suit against Chief Devery for
being arrested.
Police Acting in RadsFaith.
There Is 4 rather general Inclination to
believe that this is an attempt on the part
of the police to make the vice crusade un-
popular, and also to divert attention from
the movement against gambling. Rev. Dr.
Parkhurst and other leaders in the reform
movement however declare that the pros-
ecution of gambling houses, pool rooms and
other Immoral resorts will be pushed with
all vlgor, and DR.. Parkhurst intimates that
he will strike at high places.
DR.. Parkhurst, who was subpoenaed to
appear before the grand jury, was in the
criminal court building promptly. and i'm
mediately went to the grand jury room
He was asked If he cared to say what he
would testify to before the grand jury and
replied that he would not. Assistant Dis
trict Attorney Unger. who is active in the
reform crusade, was asked if Chief of Police
Devery had made himself liable to indict-
ment for his actions last night, and de-
clfned to reply.
Col. Gardiner stated later that the contro-
versy between himself and the grand jury
had arisen because ne objected to the ac-
ton of the jury in declining to swear Rev.
Dr. Parkhurst. Col. Gardner said: Il be-
neVe this was a prearranged and put up job
In whose interests is it done is what l want
TO know. l am not trying to protect any
poov ana am going to strike hard"
DR.. Parkhurst was before the grand jury
al tu-n