New-York tribune., 1900-07-13
HAYES REPLIES TO GAYNOR.
DELAY IN ENTERING ORDER FOR FILING TEsTI-
MONY EXPLAINED.
j Noble HAYES was asked by Tribune reporter

J. Noble Hayes asked by Tribune reporter
yesterday II the delay in entering the order for the
filing Of the testimony referred to in Justice Gay
nor's memorandum of July had anything to do
with the request made to the Governor to delay
action upon the petition filed for the removal OF
the Mayor for completely in the Ice Trust monopoly
by Mr.. Hayes June 2
''The Governor Mr.. Hayes said deferred action
upon the charges for the removal of Mr.. Van Wyck
for the express purpose of giving the petitioners
opportunity to amend the charges previously
filed, the petitioners desiring to make them conform
far possible TO the situation developed
since the hearing in the proceedings before Justice
Gaynor The memorandum published by Justice
Gaynor in this July seems to have created
considerable misunderstanding of the matter. which
1 am glad Of an opportunity to explain
''The section of the charter under which the ex-
animation was held provides that the examination
arranged for thereby shall be reduced to writing
and filed in the Office Of the County Clerk of such
county within the First and Second Judicial depart
ments as the Judge making the order for the ex
animation shall direct At the time OF making such
order. the examination so reduced writing
and filed shall be at all times accessible to the
public. 1t will be that this provision requires
that the court stenographer shall write out the
testimony taken by him from his minutes, as is
usual in ordinary cases. after the direction Of the
Judge for filing them has been obtained The pur-
pose of this provision is preserve testimony for
the public
The proceeding was formally terminated on June
Is, which was Saturday, and on Monday June Is. L
received letter from Justice Gaynor through his
secretary. which read:
Dear Sir: Justice Gaynor requests to remind
you that you have submitted the final order
for the filing of testimony in the examination OF the
city officials Yours, ]. P. KOHLER
ITO this letter I sent an answer June Is. in
which l said:
will you kindly say to Justice Gaynor that
have the order in mind and will present 1t at an
early day; and that suppose the testimony should
about it, should like to delay the matter another
week. AS l to take my family to Vermont to-
morrow, and as my mother, who is Just recovering
from the effects OF surgical operation, Is quite
aged and infirm and in dread of approaching hot
weather, ner departure cannot be delayed another
day with safety, l obliged to defer all pro-
fessional business which requires my personal at
tention until next week
Il went to Vermont with my family the night
of June IS and detained there by the serious
Illness Of my mother for several days. In the
time l received a second communication from
liar to that of the first in which he again reminded
that the order for filing the testimony had not
been submitted Upon receipt OF this letter replied
to Justice Gdynor through his secretary, that the
continued illness of a member of my family made
it impossible for 10 return to my office as soon
/ had expected, but that | would present the
order within few days. I returned on Monday
July 2, and prepared the order. which has since
been signed and directed my clerk to forward 1t at
TO Justice Ciaynor. l returned to Vermont the
following day. BY some mistake Of my clerk, who
warded until July 3. In the mean time Justice
GaynCr had published the memorandum referred to.
THE Justice charges in the memorandum that
improper has been made of the testimony L
right which the press has exercised OF publishing
the public proceedings of a court of Justice