New-York tribune., 1900-04-05
GARDINER is WORRIED.
HEARS REPORT THAT FRANK MOSS
WILL SOON SUCCEED HIM.
COMMISSIONERS WILCOX WILL HURRY THE
INVESTIGATION NOW AND WIDEN
IT'S SCOPE.

A report reached Asa Bird GARDENERS yester-
day that his removal from office had been practi-
cally decided upon by Governor Roosevelt. from
whose decision there appeal III sent a shlfer
down the District Attorneys spine, for although
the report could be verified he perhaps felt III
his secret heart that he deserved to be ousted be-
cause of the way in which he has allowed the
Tanrnany leaders make tool of him and the
important office which he holds Mr.. Gardeners
staff looked gloomy. too. They think that Frank
Moss is going be appointed Gardeners successor
and they don, like that prospect little bit Moss
knows too much about the workings OF that once
have any for their valued services. lie
would select wholly different kind OF a staff. and
they know il.
Commissioner Wilcox. who hearing the City
Clubs charges against Gardiner. and with whose
methods OF doing il some rumors Of dissatisfaction
have arisen, though not from the Gardiner side,
deaie3 the report. of course. He considered ii an
unwarranted reflection on the Governors fairness.
NO MORE DELAY NOW.
He said:
% be 5agffed With an answer or denial The case
has got to be tried in the usual manner The
proofs They say they have nearly finished After
that the defendsni mas me m ffordd an % ~
portunity present mis- proofs. For my part
out the sacrifice of the rights OF either party As
the proofs are closed and the arguments are
in shall formulate an opinion and submit II 10 me
Governor without any delay that can be ayoldsd
upon the facts as proved 10 say that IL iS eoms
10 be prejudged by anyone Is so 9nreasohabif tnat
believe that anyone who knows Governor Roosevelt
doubts that the District Attorney VIII get fair
decision
Hearing on the charges against District Attorney
Gardiner was resumed yesterday in Part III of the
Supreme Court AS soon Ansley Wilcox. the
Commissioner. took his seat il Was announced that
the Deputy Attorney GENERAL could not be present
and that no witnesses would be called. Mr. WILCOX
said he was aware OF that fact Tuesday. but mat
he had decided to hold a session that he might eX-
plain the methods be pursued during the rest OF
the investigate He referred TO the statements
made by Mr.. Untermyer at the last hearing that
the District Attorney was ready withdraw all
objections introduction OF matters occurring
subsequent the filing of the amended charges OF
the committee of the City Club. He said he had
conferred with Governor Roosevelt and that he
now desired TO know exactly what Colonel Gardiner
wished. Mr. Cntermyer replied that Colonel Gardi-
ner stood the wording of the telegram drafted
and read a the last session. and was ready 10
waive all formalitos and permit the introduction Of
all matters pertaining to the acts of the March
Grand Jury Provided. however" he said that
our waiver here IS waiver OF amy legal rights
in the proceedings now pending Tor the
expurgation Of that presentment from the legal
records Of the Court OF Sessions All we ask Is
that Your Honor throw the door wide open and
permit TO show all the proceedings OF that Grand
Jury We desire the widest latitude
'Wn the District Attorney sign stipulation in
writing that efeci?' asked the Court
Mr.. Untermyer replied:
Most gladly But We must insist upon all the
legal rights we have In the proceedings now pend
Ing in that has the power TO dispose or thdt
presentment.
Commissioner Wilcox then said:
will prepare the stipulation during the day. 1t
will come better from me than from either OF he
parties. The stipulation must De ample iheIe
can be reservation.
WANTS THE PRESENTMENT SIFTED
To this Mr. Untermyer remarked:
nending in court we are ready. We desire the pro-
ceedings of the March Grand Jury thoroughly in
and no matter who IS shown to be at the back of
The presentments r'ade-
Mr. Deming for the Attorney General, then said:
Pursuant to the ruling of the Court at the last
session. We hereby reduce to writing and file with
charge demonstrated unfitness for Office The
proceedings in open court on March Is, 1900, when
the Grand Jury of the county of New-fork applied
10 the Court for instruction In regard the rela-
tive rights of the District Attorney and the Grand
Jury: the presentment OF the March Grand Jury
filed with the Court March go 1900
M Untermyer objected that the specifications
were broad enough TO cover the grounds of the
stipulation offered by the District Attorney. Our
stipulation he said. shall be broad enough 10
cover everything except waiver legal
right to proceed to expunge that presentment from
the records of the court
Mr.. Wilcox ruled that the specification was all
right, and would be accepted soon as it was
signed. He explained at some length his powers
as commissioner, and urged the parties TO the
the nearing be resumed this morning sessions
be held continuously.
Mr.. Untermyer reminded him that Recorder Golf
had agreed TO take the witness stand last night
but Mr. Wilcox said he had heard from the Re,
koioer @ tnat the case he was engaged in would
os concluded yesterday. and that he would attend