New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-22
THE GARDINER HEARING.
MR.. UNTERMYER'S ASSERTION THAT
MR. MMAHON HELPED SECURE
TRANSFER OF EXCISE
CASE DENIED

An agreeable break in the monotony that has
hitherto marked the investigation into the charges
against District Attorney Gardiner came yesterday
morning when Fulton Mcmahon, one of the counsel
for the prosecution, took the stand step that led
to several animated Tits between the opposing law
yers. Mr.. McMahons purpose in taking the witness
chair had nothing directly to do with the issue in
the case, but was the development of personal
alteration between Mr.. Mcmahon and Samuel
Untermyer. who appears for the District Attorney,
on the day before. The dispute arose while evil
dence being adduced showing that hundreds of
Of violations of the Liquor Tax law had with
the consent of the District Attorney, been trans
ferred from the Special Sessions to the General SEES
sions. The consequence of these removals from the
court which was purposey created to try such
cases was long delay, leading, Mr. Demng
sought to prove to apparent miscarriage OF justice
1t was while Mr.. Deming presenting this evil
dence that Mr.. Gardeners counsel interrupted with
assertion that Mr.. Mcmahon himself had been
instrumental In securing the transfer of case in
which he was interested. Mr.. Mcmahon denied the
truth of this statement. and yesterday morning
when the inquiry resumed Mr.. Deming drew
attention again to the matter by remarkins that
Mr.. Untermyer had on the previous afternoon made
accusation against his associate. implying that
he had wrongfully assisted In obtaining transfer
and that he should expect the charge to be proved
withdrawn.
Mr. Untermyer replied that he did not say Mr..
Mcmahon had wrongfully assisted in getting the
transfer, He mad been instructed, however. that
Mr.. Mcmahon had Joined in the application for
such transfer. but he denied that he had ever In
situated that there anything wrong in that
procedure. Counsel suggested. however, that Mr.
Mcmahon should take the stand II he desired.
Mr. Mcmahon did so and denied that he was
interested in getting the transfer of the case re-
ferred to. which against man named
Krakauer. who charged with selling deca-
lessen on Sunday Mr. Mcmahon said he did not
represent the Sabbath Society in the case but be-
came associated in the matter member of
the Sabbath Committee. THE memoranda l filed
in the case" Mr.. Mcmahon explained, was at
the request of that committee. 1t did not ask for
the removal Of the trial Mr.. Unger told me 1t
was not popular thing to punish Sabbath break
ers, and that he could not obtain an indictment
against Krakauer. and that the Grand Jury had
twice refused to find indictment. Nevertheless.
upon the memoranda had prepared. showing that
there good grounds for indictment, Mr.. Unger
took the before the Grand Jury for the third
time. and Indictment found"
But did you have anything to do with the
transfer OF the case2' asked Commissioner Wilcox.
Il did not Mr.. Mcmahon replied.
THE defendant discharged. he nOtT'
inquired Mr.. Untermyer.
Yes"
Il think we have proved the charge against Mr..
Mcmahon being absolutely false" Mr.. Deming
81 don't see that you have proved anything Of
the kind" Mr.. Untermyer retorted.
The incident then dropped, and Henry Welsh.
recalied and the process " was continued Of pre-
Senpg IN evidence Of t law y0atoFs
another without opposition the District At
torney's part 1t shown that many of these
cases had never come to trial had resulted in
acquittal
Mr. Deming next took up the charge that the
District Attorney had been lax in enforcing the
payments OF bail bonds which had been for
feited. Thomas Daily, official of the County
Clerks office. produced a list OF PIP bail bonds
which had been forfeited and upon which
collection had been made. Jacob Straun was
then put on the stand. He testified that he had
signed bail bond for $1,000, that the defendant
had absconded, and that he had never paid the
bond. He said he gave his house at No. 20 West
security.
said there was mortgage on the house, and in
consequence the Sheriff was not able to satisfy
Judgment
The remainder OF the afternoon was taken up
Wit ailsILfO several Witnesses
who had signed bail bonds which were subsequent
~ forfeited. but had not been paid In x
animation Mr.. Untermyer elected that in most
of the cases the District Attorney had turned the
bonds to the Sheriff, who afterward reported
his inability to collect the amounts. Mr. Inter
myer argued that the District Attorneys re-
sponsibty ended when he turned the matter over
TO the Sheriff.
The investigation adjourned until 1920 o'clock
next Tuesday morning