New-York tribune., 1900-04-26
ATTACKS THE RECORDER.
MR.. UNTERMYER OPENS FOR THE De
FENCE IN THE GARDINER HEARING
SEVERAL LIVELY TILTS.

The presentation Of District Attorney Asa Bird
GARDENERS TO the charges that he is mental
ly and morally unfit to conduct the affairs Of his
office made against him by the city Club was
begun yesterday before Commissioner Ansey D.
Wilcox in the Criminal Courts Building. Samuel
Untermyer counsel for Mr.. Gardiner, made me
opening address for the defence, in the course Of
which he said that the prosecution had not
proved it's assertions there was nothing for the
defence to do except 10 enter general denial of
the charges He frequently paused in his eulogy of
Mr. Gardiner say some unpleasant things about
Recorder GOff, who he said, the cause of al
this trouble for the District Attorney" He said
he took it for granted that the prosecution was
relying upon the charge OF general inCompetenCy,
and had hoped prove it, but when the defence
had ended its denial, ne added. the fmsy prosecu-
ton would be rddled that its inconsistency
would be apparent the simplest mind He con-
tnuaIIy referred TO the efficiency Of the District
Attorney, and his staff of assistants.
Three witnesses. Justice Fursman William J.
McKenna, chief law clerk in the District Attorneys
office and deputy clerk in that office. were called
In regard to the cases OF forfeited bail. MI I'm
termyer said ne would show that Colonel Gardiner
had gone to the fullest extent in his power, and
sometimes even further. Speaking about the in
dictments discharged in the first year Of District
Attorney Gardeners administration. he said the
reason the number unusually large was due
to the fact that Colonel Gardiner had the courage
to pull out the old indictments and have them acted
upon.
In the afternoon he openly accused the 1othHlls-
soner Of showing bias, after the Commissioner had
ruled against him Mr. Wilcox smiled. and softly
denied the accusation
There must have been behind these charges that
have been preferred against Colonel Gardiner
said Mr Untermyer. "a power that does not appear
on the surface This power or motive will
pose in as inonensve manner possible This
leads some history"
He then briefly reviewed the Lexow investigation,
and II was then that he remarked that all this
trouble for Colonel Gardiner had been made by
Recorder Goff matter of personal animosity.
Mr.. Dcming entered a protest against arragn-
of Recorder Gof and Commissioner Wilcox
shut off the of argument
Mr.. Cntermyer then reviewed the old difficulties
between Mr.. Gardiner and Recorder Gon which
occurred. so Mr.. Untermyer said. because Recorder
Gof could not have all the star cases. He said
that when Colonel Gardiner went 70 Recorder Goff
and asked if it was to be peace war, the Re
corder said Peace" but kept a knife up his
sleeve. which he used whenever he thought there
vas occasion and when there was no occasion"
TELLS COUNSEL TO BE QUIET
Commissioner Wilcox asked counsel to remember
the difference between opening and a summing
up address and be quiet Mr. Untermyer sub
sided and did ont say anything about Recorder
Gof for time. When he resumed his TRADE
against the Recorder he reviewed every phase Of
the personal difficulties that have agtated the Re
Ccrder's and the Distrtct-At ttorney's office.
Justice Fursman. Of the Criminal Branch of the
Supreme Court, the first witness. In his ex-
animation OF Justice Fursman Mr. Untermyer en-
deavored get statement of the manner in
which the different Assistant District Attorneys
conducted the cases IN which they appeared before
them. Mr. Demng objected and warm argu-
ensued. Justice FurSman said that every
case was exceleuuy prepared and efficiently con-
Quoted.
Wilma ] McKenra then called show
the system Of bookkeeping in the District AJtoT-
ueyS office A Wrangle the acCuranCV
OF a ledger from which M. No kenna quoted sta
tistcs. and Deputy Chief Clerk Andrew Fay, who
he
that ali the entries were checked, and were ahso-
lutely correct.
O'Clock this morning. Commissioner Wilcox said
that he would devote much time possible 10
the and make every effort to have 1t finished
by the end OF May. He said he would sit four or
five days each week. if necessary. Mr.. Wilcox also
said that George Haven Putnam. foreman OF the
March Grand Jury. which made the presentment
against Mr. ardiner intended 10 sail for Europe
May 2 and should be called witness before
that date. If either side wanted argue the pend
ing motion TO erase the presentment from the rec
ords OF the inquiry.