New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-03-01
GARDINER FIGHTING HARD
LAWYERS CONTINUE TO BECKER AT THE
HEARING OF THE CHARGES.

Another yelled threat made yesterday by
Samuel Cntermyer Of the intention of District At
torney Gardiner TO retaiiate upon those members
of the City Club who signed the charges against
him which being investigated by Ansley
Wilcox, the Governors special commissioner In
the course of yesterdays hearing Mr.. Untermyer
who is appearing for the District Attorney insist
ed that of the witnesses should answer certain
questions in order to show that one Of the
charges was false. Mr. Cntermyer intimated that
II he could show this charge 10 be false and If IT
had been sworn TO, measures would be taken
against those who had sworn what untrue
MT Cntermyer again asked for the production of
the sworn charges. that they could be i'm
pounded where he could get them
The charges will not be mpounded where you
can get at them" the Commissioner said quietly.
but firmly.
Il beg Your Honor's pardon" Mr. Untermyer re-
torted; but before get through with this mat
ter we will have those charges impounded"
THAT is very improper remark TO make" the
Commissioner said
Il beg your pardon If / said anything improper
but there are some rights which even the District
Attorney has, Mr.. Untermyer persisted
The days session again marked by FREQUENT
chickering's between counsel. Mr.. Untermyer did
not hesitate declare that Deputy Attorney Cen
eral Coyne who is conducting the proceedings for
the State, was lacking in good faith and that he
permitting himself to be made q catspaw of by
the City Club
Deputy Attorney-General Coyne continued to pre-
sent evidence tending 10 show that the District
Attorneys office had recommended the dismissal
of cases after indictments had been obtained and
wherein there was apparently plenty of evidence
convict Henry Welch. deputy clerk of the Court
Of General Sessions. produced the papers relating
10 the Indictment OF Emanuel Goldberg. charged
with grand larceny, who free in October
1895 the recommendation of Assistant District
Attorney Steele. 1t shown that the lawyer for
the prosecution protested against Goldbergs dis
missal and asked that he might appear and pre-
sent reasons why the Indictment should be
dismissed
Morris Spiegel the complainant in the case was
called, and after admitting that he had been con-
yicted OF presenting fraudulent insurance claims
ne went on TO testify that he had frequently urged
Assistant District Attorney Blake, 10 whom the
Goldberg case was referred. bring the matter to
trial, but without avail. During his cross-exam NINA
ton Spiegel said he had only to the nvestga-
ton witness because he had been compelled to-
'Oh. I'll find about that" Mr. Untermyer
said
i don't see why you should go this" the
Commissioner interposed
4 protest against Your Honor nterrupting my
cross-examination Of Witnesses Mr. Untermyer
! an here to see that there is no wasting of
ne prosecution Is doing nothing else but waste
have produced convict here who says ne has been
forced to come l want to show why he forced
~ II is absoutely waste of time further into
is M nntermyer and he pro-
allowed to eon5nne his ne whe
was intersRersed with frequent squabbles between
counsel. Mr.. Untermyer sought 10 discredit the
witness. while Mr.. Coyne said he proposed show
that some strong influence al work induce
Assistant District Attorney Blake be lenient
10 Goldberg At this Mr. Untermyer jumped to his
feet and charged the Deputy Acknowledgement with
'disgracefu and contemplate conduct and char
acterized the investigation ''farcical."
Another case which brought outburst from Mr..
Intermyer was that of a man named John Brown
who was indicted for murder and acquitted
July -, 1898 Mr. Coyne ELECTED the fact that the
defended by Granville G.. Mcintyre. son OF
Assistant District Attorney John f. Mcintyre Sub
seQuently Mr.. Coyne declared that young Mcintyre
had appeared for the defence in several cases in
which his father prosecuted, hereupon Mr.. Inter
myer charged Mr.. Coyne with lacking good faith
and with aiding private prosecutors in every pos
sibe, contemplate way" rs there no sense of
fair pay?" he asked a little later when another
disa greement arose. rs the Deputy Attorney-Gen-
eraI TO be permitted to garble and distort the
facts suit his ends?'
Mr.. Coyne retorted by accusing Mr.. Untermyer
leries.''
In another case which Mr. Coyne presented he
crew attention to the fact that the papers con-
tanned an affidavit charging lawyer named Pal
mteri, who had sometimes been associated with
Granville G. Mcintyre in defending cases with
subornation OF perjury. Mr.. Coyne said that the
District Attorney had failed discharge his duty
in bringing this matter to the attention of the
General Term OF the Supreme Court