New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-04-14
CITY CLUBS CASE RESTS.
cARpINERs FRIENDS SAY THE CHARGES
ARE NOT PROVED.
nEFENcE WILL BEGIN on APRIL 25 AND
MAY OCCUPY THREE WEEkS-TEE
MoLINEUX CASES RELEVANCY.

-ouusel eor the city Club ended their for
.ba prosecution yesterday II the hearing before
commissioner Wilcox OF the charges against Dis
.-tct Attorney Gardiner. and April % set for
me beginning OF the defence Il Is said the de-
s.,,a may consume three weeks. The close OF the
-,sec,.rion was marked by lively outbursts
s-or, Samuel Cnternyer. Nj Gardeners lawyer
~ most violent OF these occurred when Henry
welsh deputy clerk OF the Court OF General Ses-
,o,s Identified a list OF forfeited recognizances.
.er ch3ect" said Untermyer. the paper Of
800 u have no confidence in the lists manu-
4a-r,,red BY the City CLUB
~, another word pronounced the Commits
- ,,sne the eaveI vigorously; that is not a
ls,-- club list. Il is q list by public officer"
y don't propose 70 be cried down" retorted IN
.,-ar y am here 10 defend my client You
I've no right 10 prevent my doing and I do
- -,opose 10 permit TT
w. commissioner almost broke his gave he
1s he stenographer TO take nothing but formal
a,a,,ton He adhered his ruling despite Mr..
~--,sr-pvers protest that the recognizances them
,es were the best evidence and that the list pre-
.os was garbled N that IL did not give the whole
r.g,orv Of each case. but only such parts as the
-o.ecytton desired learn.
" wilcox held that the list competent, that
,,eht have been included IN the brief for the
ssrres and that the District Attorney only
s--,,led 70 a copy by courtesy,
-rbe District Attorney desires tavors-" re-
,1ied NJ CnteTnyer.
This District Attorney does not know when he
&c rel OF" rstortsd the Commissioner.
DTeTRTCT ATTORNEYS GOOD FRIDAY
~. knows when he's not fairly treated: and he
,,oz-s he mas not besn fairly treated here He does
nor require q guardian" retorted M. Unterrnyer
~ would be a very sorry day for him Il were
sot acting his guardian" ssid Mr. Wilcox, with
more heat than he has shown before during the
hearing
.oh see replied A1r. Untermyer; This is the
so--v dav; Good Friday. the day for the crucfxion
NJ 4fe District Attorney
NJ Wtlcor's gavel finally secured silence. and
then he paper n question was formally admitted.
as well as a Ike rom W. N Fuller, clerk OF
Suectsl Sessions showing the disposition OF dozen
excise cases.
NJ Welsh recalled, identified a LIST OF ftty-three
cases transferred Special 20 General Sessions
Re was excused after he testified that the list in
,,r5as he csss Of James B. Kellogg, OF the Dean
swtndle.
Before opening the session Commissioner WIZ
ccx had a long conference with Deputy Attorney
General Coyue and Mr. Unternyer. The subject
~ their talk was It YVES said, the papers and rec
o-1s offered In evidence Thursday and taken
p,6e- ADJUSTMENT BY the Commissioner-the rec
ards in the Percy 81. Stewart election inspectors
trouble n 1887 and n tho Molineux case
W Wilcox said he was willing 70 accept q synop-
SIS Of the election inspectors matter II counsel
could agree upon a synopsis but that he would
bar out entirely all reference 20 the hohneuz
case.
re aession opened n Part " OF the Supreme
Court at lo:5 O'Clock The City Club Committee
were on hand IN force. al but the Rev. Mr. Slicer'
who IN Difference 70 the day. Good Friday, was abb
sent Colonel Gardiner, with mis- assistants. Henry
I-nger. John 2 Mcintyre. C. z. Mccain and Maui
rice 3 BIumenthal SAT with Mr.. Unternyer.
N response 70 the Commissioners ruling on the
Molinelx papers. Horace E. Dening OF the Attor-
ney-Geuerars office, announced that he considr
cred the actions OF the District Attorney peril
nent 70 The charge Of "demonstrated unntness for
acatons 70 the original CHARGES He quoted e1o from
ne addresses mace by aFner a k Ine SaTs,
ners argument against the dismissal OF the IN
TIiTaT1s thar Illegal evidence had been presented
70 the Grand Jury.
MOLINEUX CASE RULING.
NJ. wilcox ruled some days ago that he would
accent any further specifications OF the section
charging The District Attorney with mental and
moral undtness. and Mr.. Deming's offer was under
mat ruling -, 1893
the original charges, and declared that the
result Of the MoIineux trial proved that the Dis
rrct Attorney had demonstrated his mental ana
Commissioner wilcox overruled the objection.
his added specifications TO writing and offer them
al later date Counsel for the Distrlct Attorney
Af-o--e[ was nieased 70 have al! the proceedings
II the Moineux trial admitted 70 the record.
M Derning then took up the matter OF forfeited
recognzances ana put Thomas DAILY OF the County
Clerks Office on the witness stand, 70 show that
collection had been made from Daniel Han
ley. the bondsman interested. Replying 20 Mr..
untermyers questions. the witness testified that
Judgment had been secured. execution had been
levied and returned unsatisded by the Sheriff OF the
Mr. J-nter-nyer asked il the same result had not
followed n dozen other such cases. but
M Dening objected, and Mr.. Wilcox ordered the
witness who had already replied in the affirmative,
rom the stand. He instructed the stenographer 10
omit the reply from the record.
after recess Nh Dernng presented the add
uonal specifications admitted az the morning ses-
s0n. then announced that the prosecution
rested.
Nr Wilcox asked AIr Cntermyer VIXEN the de-
fence would be ready TO open its case, and MI
Unternyer suggested a week from next Wednes-
dsy That date was satisfactory all parties, and
NJ Wilcox accepted 4. He VIII SIT at 1880 a m.
q thar dav n the Criminal Courts Building
Ar Cnreyuyer said he supposed II would be
waste time ask for dismissal of the charges
the ground that they have not been sustained by
he evidence and the Commissioner agreed with
hin
Mr. Gardeners assistants and friends; after tho
adjournment. expressed their opinion freely that
The City Club had signalIy failed 10 prove its
charges and the City Club committee, though say
Ing little. reported 70 be confident that they
have proved enough 70 make Gardiners removal