New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-03-29
NOT THE TRUTH, SAYS GOFF
Continued from first page.

Continued from first page.
trict Attorney.
UNTERMYER AND GoFF PASS THE LIE.
You are uttering what is untrue" said the Re-
corder.
we wish to show that an official in a judicial
position is playing politics from the bench" de-
clared Mr. Cntermyer.
You stating what is not the truth" said the
Recorder a second time
And you also stating what IS not true, re-
toTted Mr.. Cntermyer
Mr.. Deming Jumped up and protested Recorder
COZ was calm. but his face flushed.
The Commissioner raped vigorously for order
and warned Mr.. Untermyer that further proceeding
on such lines must cease forthwith .
If you cannot conduct this examination in a.
proper way viii close the hearing now and ad-
5ourn until counsel who conduct the examina-
ton in proper manner can be procured" said the
Answering the question that had been excluded.
the Recorder said that when the editor OF re-
SION Of opinion on question Which he felt free to
speak Upon ne complied with the request
informed the reporters in Criminal Courts Build
rsner of Certain cases from Ss General Sessions
TO the Supreme Court. and he 0he Recorder re-
fused the application in number OF these cases,
and said that cases were not properly prepared by
Recorder Con said no such notice was sent the
reporters. but they were in the courtroom be-
e eonTf the 'Fa'o u'S was expected 10 report IN
HIS OWN EXPERIENCE AS PROSECUTOR.
He then asked what called forth his criticism
OF the conduct CT the District Attorneys Office
Mr. Untermyer calling his attention to some re-
ports Of the proceedings published in certain news
papers at that time. and said that he could not say
what the work of the District Attorney and his
assistants was. Referring 10 his own services as
Assistant District Attorney the Recorder said he
always had his cases prepared before moving for
trial He was frequently compelled TO work up
TO o'clock in the morning Saturdays, Sundays
and legal holidays. The work OF an Assistant
District Attorney at that time was much more
severe than al present. because they had no depu-
te rs or ads s,,s tho witness - snec,rv some
OF the assistants 10 the District Attorney who had
been derelict in their duties
strued criticism of any gentleman N the DIS
5rict Attorneys offce unless forced 10 90 so so:
their living. and ! have always tried to X, keep on
fT1enoE ea isT o ihink 'hey are emitted "
Mr. Unterrnyer then read from the stenographic
report Of Frank 5. Beard. the stenographer OF the
Court. the record OF the proceedings IN court on
DstIict A1torney blaKT. "4s T Rrfer 70 tas STE
fed the afternoon on his direct examination
Complete The Recorder said the new rule relative
10 the calendar was promulgated without confer
ence with the District Attorney. The new rule
marked change. He did not consider it necessary
to consult with the District Attorney about this
Upon further inquiry he said he had not refused
the order he saw fit. The difference between the
Judges Of the criminal courts and the District At
Mr. Untermyer then showed the Recorder paper
and asked the differences We're not adjusted in
accordance with the agreement contained in it =,
NO. sir; that is a memorandum written our os
Colonel Gardiner, and ii is not true, replied Re-
between the judges and the District Attorney
written out RecoTaer Ion sLaIVG 'a iiT giu He
to the exact proceedings of the conference.
JUDGE MMAHON CORROBORATEs.
Judge Mcmahon then took the stand. He con-
Cot ( to adoption
of the new rule as 70 the calling of the calendar
and the conference between the judges and Mr.
Gardner. He said IL at the suggestion of
Judge Cowing that the rule had been adopted In
December, 1885 requiring the District Attorney to
prepare all cases before bringing them to trial.
Cross-examined Judge Mcmahon could recall no
instance where an indictment had been dismissed
and subsequently that such action had been found
improper. In many such cases the defendant was
dead Many indictments were six or seven years
old.
Mr. Gardiner had frequently asked him if he
had any fault to find with his conduct Of the Dis
trict Attorneys office. At the conference on March
Is between the judges and the )istrict Attorney ne
800 tbe iudees dfd not rropose TO dictate to the
District Attorney as TO the orqtr 10 can cases IN
He did not recall that Mr. Gardiner had made any
memoranda AZ this meeting. The District attorney
had asked the judges to wait 6eIGTe cag Ine
Recorder Golf had refused to listen further TO As,
apoligized for bis behavior in court Judge Nc
Mr.. untermyer said that he wished recall Re
corder Golf for two three more questions Mr..
Deming objected He purposed to call Judge New
burger and then 1t was his intention TO call Re
corder C5off.
Judge Newburger took the stand. and. replying TO
Mr. Dening's questions. described what had trans
pired in his March b. Assistant District
Attorney in MS and said that
acting under orders from the District Attorney lie
would pay no attention the calling Of the calen-
dar by the On that day there were no cases
tried his court
Mr.. Dening asked the witness read from the
raiDutes of the parts of the court over which he
had presided in March and April, 1899 the time OF
the closing the several days. showing
that Adjournment had been taken at hours rang
ing from m 1.2G .. because the Dis
irict Attorney had other cases ready for trial
At II 30 o'clock the investigation adjourned
until O'Clock this afternoon. Judge Newburger
will then be further examined.