New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-06-30
GARDENERS SIDE PUT IN.
&fR. UNTERNIYER SAYS RECORDER GoFF
TNSTIGATED CHARGES AGAINST
DISTRICT ATTORNEY.

So far as court proceedings are concerned the
protracted Investigation by Commissioner Wilcox
Into the charges preferred against District Attor-
hey Gardiner was brought TO a close yesterday
when Samuel Untermyer summed up on behalf OF
Mr.. Gardiner. For the most part Mr. Untermyer
sought to impugn the motives Of the petitioners.
with whom he associated Recorder Golf NOV
ing spirit IN what he described rs a shameless and
disgraceful conspiracy.
Personal venom and political bigotry." Mr.. In
termyer exclaimed in of his vehement out
bursts. could go further than these petitions.
The vocabulary OF abuse and misrepresentation has
been exhausted in the ignoble effort to humilate
and disgrace a faithful public official. And why? Is
II charged that he has corrupted and polluted his
high ofce2 Has he betrayed the people who trusted
him. Has ne leen inactive absented himself
from his Ct duty shirked the obligations of
lis oa7ceo
Not even the ternerity OF his reckless and ire
spoase accusers dare suggest any Of these things.
Day and night. Sundays and holidays in and out of
season have found him laboring and struggling
against fearful odds. working with a zeal and an
interest in the public welfare rarely equalled and
venture to say never exceIled"
That the District Attorney believes that the
charges filed against him inspired by Re
corder Gof made plain by Mr. Untermycrs
fierce Geaunciauon Of that Judge. Mt. Untermyer
implied that Recorder Cor arrogantly assumed
power that cid not belong % him. and that he
used his Office TO advance the political fortunes Of
his friends and 20 punish his personal or political
enemies
The right and duty" Mr.. Untermyer said ito
discuss the relations between Recorder Gof and
the District Attorney too apparent in this
% require justification explanation a
shameless and revengcful or a more unsuccessful
effort 20 hrmiliate and discredit public official
has never been exposed. He has been the main
spTinG the cornerstone, the inspiring cause Of this
disCredited and collapsed prosecution. The charges
which were fled AT Albany were accompanied by a
Tong and sbusive letter signed by Thomas r. Slcer
which from he e1-I5e IN have
been flied with falsehoods and mlsrepresenta tons
These charges are Of a character that could
the nature Of things have become known to the
petitioners except upon minute and protracted
investigation Of the entire business OF this vast
of5cc. Upon whose initiative was such an in
vestigation begun? The gentleman who prepared
the material for these charges likewise prepared it
for the committee. This in O about April
and Nay. 1880 At the same time Recorder Golf, on
the FIRST day Of May 1899. took his seat upon the
bench Of the Court Of General Sessions and began
making for the use of that committee and the
press. a series Of speeches from that high judicial
office, vicioUsly attacking and insulting the Dis
trict Attorney for the alleged non-performance OF
Il snail show to you hereafter that many of the
statements That he then made from the bench were
false. lie must have known them to be We
trap in which they now md themselves in the
making OF these unfounded charges partly through
their want of familiarity with the procedure of the
criminal courts, partly through their blind anxiety
Inoval Of Tammany Hall Official partly because
of the indictment against Messrs Butler and Holt
who were members Of their organization. and part
~ because the District Attorney in the perform
ance 81 MS duties had perhaps aroused their en-
nifty by daring II lay his official hand upon the
iuviolate persons Of other offenders against the
They became willing catspaws in the hands Of he
master mind, whose wounded vanity, defeated at
tempts al accretiOn Of power and personal hatred
required satisfaction
Having thus delivered himself upon what he as
serted was The animus underlying the proceedings,
MT. UHteImyer proceeded to answer the charges in
sequence. lie maintained that the improper dis
rissal Of Indictments and discharge OF bail. of
which the District Attorney accused were
judicial functions. and so the judges
spOnSlble. not Mr.. Gardiner. He contended also
that many indictments were improperly found be-
cause the Grand Jury brought in indictments the
rate - one III about every five minutes.
Dwelling upon the matter of forfeited recogniz-
anres ana failure 10 collect on Judgments. Mr..
Jntermyer quoted statistics which. he held, showed
that his client had been much malgned. 1t was
charged that the District Attorney had failed
collect a single dollar upon judgments aggregating
S5sa.4 400 But" MI UuteTmyer explained at ap-
pears that the District Attorney has collected
s25.s26 in seventeen cases.
Mr.. Tntermyer stigmatzed frivolous the ac-
cusauons that the District Attorney had practi-
callE nuitied the Liquor Tax law by not enforcing
II The responsibility for this non-enforcement Mr..
lntermyer again placed upon the judges. 1t was
judicial action about which the judges differed
Mr. Dntermyer observed.
AS to the arrest Of the court attendant" Mr..
GnJeImyer remarked, the whole dsgraceful scene
was provoked by the Recorder. The devilish in
genuity Of the Recorder in devising means of nag
Eing and hUmating the District Attorney
beyond conception
Commissioner Wilcox said at the close of the
hearing that he would begin 10 prepare his report
10 the Governor Immediately. but unable to
say when il would be ready for presentation.