The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-03-31
Mr.. GARDINER SCORED
LONG PREsENTMENr HANDED UP By
THE GRAND JURY.
New York District Attorney Severely
Criticised-An investigation Asked
by the Accused Omcial.

NEW YORK, March 3O.-Ths March
grand jury concluded it's labors this after
noon by handing up to Recorder Con- pre-
sentiment, some seventy typewriter pages
long, which arraigns in severest terms the
police department and the city government.
the Third-avenue railway wreckers. the
district attorney and the newspapers.
Among the papers handed 10 the recorder
were all the letters which have been ex-
changed between the district attorneys
office and the jury.
George Haven Putnam, the foreman OF
the jury, in making the report, explained
that the grand jury had not dropped the
Third-avenue investigation. The inquiry
into the wrecking of that road should so
on. he said. and he handed over 10 the
court for the use of the April grand jury
all the papers IL that case.
The presentment says that the grand jury
undertook TO inquire into and secure
knowledge, fer as possible concerning
the work and methods of the police de-
partment in its relation TO violations OF the
law on the part of the managers OF sucn
resorts. They report further that IN such
endeavor they have failed to receive from
the district attorney any practicable help or
effective cooperation. The grand jury
were i'm duty bound to find indictments as
so advised by the district attorney against
a comparatively inconspicuous ofncial. BUT
they were OF opinion. and they so stated 10
the district attorney, that if this official
was guilty of criminal negligence In per-
hitting open violation of law 10 flourish In
his precinct his superiors were criminaiiy
responsible even TO greater degree lor
the existence of such conditions. The dis
trict attorney. in reply TO our SPECIFIC writ
ten questions, stated in his specinc written
answer that no complaints have been mace
nor did he know of any violation OF law
and that he had no evidence TO present on
this question of the responsibility OF nigh
er official" The grand jury expresses the
tl.af mill n 10
district attorney the police department.
would find il both difficult and dangerous
to permit or to tolerate certain conditions
in our city which are almost Migrant In the
defiance of law and order.
The presentment handed up was prompt
ly reflected in the hearing OF the City Ciup
charges against District Attorney Gardner
When the hearing convened Mr. inter
myer counsel for Colonel Gardiner, arose
and called attention to the presentrnent ana
stated that Colonel Gardiner had prepared
a telegram TO be sent to Governor koose-
Welt asking for an investigation. Mr.. Inter
myer then read the dispatch, as follows:
"A majority of the grand jury OF this
county has to-day made presentment
against me and concerning the conduct or
the office of district attorney OF this coun-
ty which is monstrously unjust and Il un-
supported by so much as semoiance OF
evidence am convinced that the present
action is inspired and il due TO the active
advice of one whose personal hostility 10
me has been a matter of public notorety
and the subject OF newspaper comments
from the time I assumed Office. Contrary
to the mmemorial usages or grand
juries it's communications with me
have been almost exclusively in the
form of correspondence. although an
assistant and deputy assistant were
regularly on duty with them and
present every day. and although on several
occasions / personally attended before
them This unusual course I have assumed
TO have been resorted 10 In the hope or pro-
curing i'm that way foundation for pre-
sentiment. I am most anxious that the cor
respondence and all the transactions De-
tween the grand jury and myself and my
office shall be the subject OF your imme-
date investigation
ct therefore. respectfully request YOU to
refer this presentment and statements con-
tanned In II 10 the commissioner appointed
by YOU who Is now taking testimony on the
charges preferred against me. For the pur-
pose of expediting this course I hereby
consent to any mode OF procedure that the
attorney general may deem legal for that
purpose and that any supplemental
charges based on this subject may be filed
with the commissioner or with you without
further notice to me. and 7 ask that the
hearing upon them be proceeded with forth
with to the end that all concerned may
know as speedily possible upon what. ir
any. fact this presentment was based.
"ASA BIRD GARDINER"
Police Captain Andrew j. Thomas. or
the Tenderloin district. against whom
three indictments were found for failing
TO suppress dfsorderly houses. neglect or
duty etc. was arraigned before Recorder
Goff to-day. A plea OF, not guilty was en-
tered. His bond was fixed at xivD.