New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-03-30
Mr. PUTNAM A WITNESS.
ropr,rAx OF GRAND JURY APPEARS AT
GARDINER HEARING-JUDGE NEW"
BURGER ON THE STAND.

George Haven Putnam, foreman OF the orahu
Jury now in session, was the first witness calieu
Yesterday at the Gardiner hearing held in fart
VIII of the Supreme Court, before Special Com
missioner Anslev Wilcox at all former sessions
~ the hearing most of the time was taken up with
souabbles OF the counsel
Mr. Putnam was asked to identify certain minutes
M proceedings of the Grand Jury March Is. Mr.
ITnterrnyer objected and the Commissioner told MI
Dening that he bring out the matter he
wanted in other way. Counsel tried 10 ellclt
details of the squabbe that led the March Grand
Jury 20 appeal to Recorder Golf against the Dis
trfct Attorney.
Mr. Trntermyer objected that the Commissioner
had no authority consider matters subse-
quent the filing of the charges.
Mr. Demng made long argument for the admis-
sion OF Mr.. Putnams testimony, urging that the
charges filed included physical AND mental IN
capacity. and that any late developments proving
those points competent.
If evidence shows he said, that the in
cumbent of the District Attorneys office is mem
tally incompetent unfit, morally incompetent
or unfit as hold. he should be removed. We are
entitled offer any evidence in that regard against
the who holds and as we think, abuses that
Office
1T is difficult" said Mr. Untermyer as Mr.. Dem
ing sat down. restrain ourselves sufficiently to
reply TO such serious and gratutous insults"
Discuss the motion from its legal side" inter-
rupted the Commissioner.
Mr.. Untermyer continued some length. de-
claring his belief that Mr.. Deming had not made
his motion seriously. and denounced the generality
OF the allegations made. He urged that the Com
missioner compel counsel confine themselves
the original charges and specifications. and not ito
defle the record with baseess and scurrlous
sertions.'
Mr. Wilcox said the question at issue q most
important one and he could not decide it offhand.
He adjourned the further examination of Mr.. Put
nam and said he would render a decision in writing
to-day.
Judge Newburger took Mr.. Putnams place. and
Mr.. Deming handed 10 him the stenographers re-
port in the case of the People against Blume. an
excise case tried in Part " of General Sessions
April 4 last.
Judge Newburger said he could not recall the
called to swear to the correctness of the report.
Commissioner Wilcox declined 10 let Flack reply to
MI Uhtefnyers questions as TO the imposSlbility
Of securing a conviction in an excise case from a
New-York City jury Flack was then excused. and
Judge NeWhurger recalled.
Mr.. Deming read from the transcript OF the
dctments for violation of the excise law, in which.
after the examination of one more witnesses the
of the indictments in question were found prior to
1898 There were forty-two such cases in all
he remembered saying that cases of that descrip-
ton should have been examined and dismissed In
permitted to take up -he time of the Court
See position" said Mr. Untermyer, 1--WE are
we try IT It's case OF were damned If we do
and were damned if we don't"
District Attorneys office for not having produced
prisoner for sentence; ne could not remember
learned in court that the three defendants whose
names d eaea % Ssd he Stood with Judge Cow
ing in his readiness TO assume full responsibility
of bail in his court. He said he had seen no rea-
to doubt the integrity or ABILITY OF any OF the
Assistant District Attorneys who had appeared in
Adjournment was taken until o'clock this at
ternoon as soon as the examination or Judge New
burger completed