Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-03-16


NEW YORK, March 15.-In the JEFF
ferson Market Police Court to-day,
Magistrate Cornell summarily dis
missed the leaders Of the orchestras
arrested last night at Chief Devery's
order in some of the up town hotels
and restaurants and afterwards dis
charged the managers arrested. He
said the arrests were an outrage. One
of those arrested is to bring o civil
suit against Chief Devery for being
arrested.
A sensational element was injected
into the reform movement to-day when
the grand jury formally protested
against the presence of District Attor-
ney Gardiner during the examination
CT DR.. Parkhurst. Shortly after they
assembled the grand jury went in
body before Recorder Golf and asked
for instructions. The foreman, adj
dressing the Recorder, said that the
orderly proceedings of business had
been interfered with and the grand
jury desired to examine witnesses
without the presence of any member
of the district attorneys office. A
spirited colloquy ensued between Col.
Gardiner and Recorder Golf. the latter
declining to allow the district attor-
ney to address him. Finally Col.
Gardiner was allowed to state his side
Of the controversy. He claimed that
he had a right to be present in the
grand jury room and to advise the
jury If necessary in the examination
of witnesses.
Recorder Golf In lengthy address
sustained the grand jury. He defined
the conditions under which the dis
trict attorney might be present, but
said that right was limited to the CIV
ing of information to the grand jury.
After that information had been given,
said the recorder, his functions ceases
and he must withdraw. Should the
necessity for it arise. said the re-
corder, the jury could compel him to
retire. Col Gardiner attempted to en-
ter protest, but this the recorder re-
fused to hear.
The action of the police officials last
night in arresting the proprietors and
managers of several respectable res
| taurants and hotels in which music
| is made feature of the dinner hour,
was generally discussed to-day. These
proceedings were based upon the law
requiring hotels to have a concert
license if an orchestra was employed,
the section under which the attempt
was made to close the notorious re-
sorts in the Tenderloin precinct.
There is a rather general inclina-
ton to believe that this is an attempt
on the part of the police to make the
vice crusade unpopular and also to
divert attention from the movement
against gambling. Rev. DR.. Park
hurst and other leaders in the reform
movement, however, declare that the
prosecution Of gambling houses, pool
rooms and other immoral resorts will
be pushed with all vigor and DR.. Park
hurst intimates that he will strike at
high places.
DR.. Parkhurst, who was subpoenaed
to appear before the grand jury, was
in the Criminal Court building prompt
ly and Immediately went to the grand
jury room. He was asked if he cared
to say what he would testify to before
the grand jury, and replied that he
would not. Assistant District Attor-
ney Unger, who is active in the reform
crusade, was asked If Chief of Police
Devery had made himself liable to in
dictment for his actions last night and
declined to reply.
Col Gardiner stated later that the
controversy etween himself and the
grand jury had arisen because he OBJ
jected to the action of the jury in
declining to swear Rev. DR.. Parkhurst.
Col Gardiner said:
II believe this was a prearranged
and put up job. In whose interests it
is done, is what / want to know. am
not trying to protect anybody, and /
am going to strike hard
DR.. Parkhurst was before the grand
jury about two hours.
After a session lasting three hours,
the grand jury handed up twelve in
dictments against thirty men for keep
ing gambling and disorderly houses.