New-York tribune., 1900-03-20
GARDINER HITHARD AGAIN
MAGISTRATES COMPLAINTS TO 60 TO
GENERAL SESSIONS DIRECT.
RECORDER GoFF so CHARGES THE GRAND
JURY AND PAPERS ARE LOCKED
UP IN HIS CHAMBERS.

II the March Grand Jury and Recorder CON
go on much longer shearing the District AT
torney of his powers in the way they have be-
gun. Mr. Gardiner will by April j resemble
plucked fowl more than any other kind of
Bird Yesterday they took away from him the
highly valued and freely used privilege Of de-
laying and holding up for indefinite periods and
at his own sweet will complaints from Magis-
trates' courts which ought to be presented
promptly to the Grand Jury and be followed by
Indictment dismissal This was accomplished
by order from Recorder Goff that in future
all complaints from Magistrates courts charg-
ing persons with crime must be filed with the
clerk Of the Court of General Sessions. where
they VIII be open to the inspection OF any Grand
Jury any person entitled TO see them.
Nr Gardiner and Assistant District Attorneys
Unger and O'Reilly all called before the
Grand Jury yesterday. and IL was whispered
about the corridors that more friction had de-
Yeloped between the Grand Jury and the Dis
trict Attorney the Indictment found last
week against certain men charged with running
a gambling house at No. 241 Bowery. Super
intendent Burr Of the Parkhurst society. COM
planned, it is said. that although he had made
the raid on the place on January last the case
had not been brought by Mr. Gardiner before the
February Grand Jury. No direct information
could be obtained of what the jurors had TO
say about this delay. but when the Grand Jury
filed into Recorder Goffs court, about 2 o'clock
tn the afternoon, and made their report for the
day. the Recorder said TO them:
Gentlemen of the Grand Jury, there is a matter
OF your taking any action because that Would not
pe necessary, but for the purpose that you shall
have knowledge Of an order Of Court which is
about made
ing that the Indictments presented by the Grand
Jury. which had been in the habit of being taken
on a ~ ne IGSfr he do
posted with the clerk OF this court. Since that
suits have followed not Indictment has been
missing and there has been clear record Of all
recorded in books in the clerks office, accessible
a custom arose in this city, evidently when
population was not OF the dimensions that ii Is
was comparatively small to what i: Is now, of per
soLs accused OF crimes ana hed by Police Justices
District attorneys office and such complaints have
temes as ne has been ready to present them to the
As have sa.u that custom may have arisen for
purposes OF convenience. 20 enable the District At
Indictments 1t is a custom however, not one by
law. and the only safe road Cor those charged with
the administration OF the law Is follow the plain
mandates Of the law. L VIII read to you the plain
MagstTa 9h seon seet M Code of Criminal
Procedure of this State) has discharged defendant
BRAND EOS he must within five days thereafter return
or other Court having o So1F
offences by the intervention of a Grand Jury. the
e. the defendant if he made one. and ali the under
taken by him" -
1t is but fair to say that the system has not
grown Up under the administration of the present
i1istTict Attorney He simply followed the system
of criminal justice in this city that system must
be stopped. and therefore direct the clerk of this
City and sch elerR Tsro Of Sne she Poee 30 a.
Notified that hereafter they must comply with the
law and send all complaints charging persons with
committing OF crime TO the clerks office of this
DelOng,
District Attorneys Office. SO that hereafter gen
@lsh 70 inquire about complaints having been made
ana not having been presented to the Grand Jury
ney and also to the clerk this court where tbe
papers VIII always he file In proper cases omen
70 - me lhsgeeton OF you or any other person ent-
Ihe clerk will enter that order and see to its
proper carrying - 49,
nave also consulted with regard to the expense
me conFeniences or nconyeniences OF no con-
selueIee e @hen we consider the plain law. but the
uIcohNeh1etlces must be stopped, and the clerk
assures ne that the expense CONSEQUENT non snch
h ordef being observed will be substantially no
fiSneI lnan the present expense incurred certi-
iElhg judgements and complaints in the clerks Of
nee me difference being that the District Attor-
ney Win nave TO make his copies If he wants to
before and not afterward. ' ~
GSn{emeF this is for your information that you
plants as well the District ATTORNEY as of the
clerk OF the court - " 'H
AT the close Of the jury's work yesterday the
tin box in which its memoranda notes ltsts o+
witnesses and forms Of Indictment not vet
signed are placed each night was taken From,
the safe of the District Attorney where =, is
generally deposited and was locked M a. ..ia
safe In Recorder Goff's chambers This naturalII-
caused considerable comment and the question
as aShea py many; rs the Grand Jury afra Id
It's box might be broken open by some one any
lous TO gain advance knowledge of the avIdenco
laid before IT." 'e