New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-04-07
GARDINER LAUGHED AT.
MS THREAT TO RESIGN NOT TREATED
SERIOUSLY
COMMISSIONER WILCOX ADMITS THE
MARCH GRAND JURY'S PRESENTMENT
STATES CASE NEARLY ALL IN


80 raport sent abroad by the friends OF District
,..orev Gardiner that he viii resign his office II
-.,,a--o- Roosevelt delays his decision upon the
sAs-pes made against Gardiner by the City Club
,o-ge- than August u much laughed ar
,asrerdav that neither the District Attorney
co. ~ his assistants would acknowledge that the
800 was authorized In fact Gardiner called it
srlv adding IN his poJnpous way: The old guard
dies but never surrenders."
--,e reason put forth for this alleged determine
.sor u Gardiner resign was the charge that
~ Governor intended 10 remove Gardiner. but
yrou!d delay his decision long that sufficient
-,-oa would noi be left for Tnmmany 20 put up
l.,-siner OF any other candidate TO run for the
C47ce Of District Attorney next falls election
and +ae Governors appointee that office would
mn hold his place until after the election in the
.su u 1901 Under the charter It Is said
= ne Governor should remove Gardner and ap-
os-7 his successor before August Il the appointee
.ould not bold Office for the entire nexpired por-
ZION OF Gardeners term, bur the place must be
,5lied again by the choice OF the people at the
election next following. Gardiner enterrains hopes
-hat Tannany would renomtnate and re-elect
him as a vinGcatiOn-
That The Governor contemplates any such dila-
-o-r tactics was Indignantly denied by Deputy At
+o-nev General Coyne yesterday.
Ansey wilcox the Commissioner appointed by
Governor Roosevelt 20 investigate City Clubs
charges against Gardiner. said his views conceded
with those Of RI. Coyne.
The general impression seems 10 be that the
r-osecutton VIII finish next week. and that Gov
e-rcr Roosevelt has many Inducements 10 give his
decision as quickly possible. One OF the chief OF
these LES the difficulty Of getting a good lawyer
70 accept The appointment Of District Attorney Il
- Governor decides remove Gardner. From
now 70 January l 1871 Is brief period in which TO
-eo-ganize staff. keep the regular business Of the
Office Up date. and also bring justice some OF
he powerful rogues in high Office who growing
-lch upon the revenue from protected vice. Yet if
the rev District Attorney does nor accomplish all
this he VIII fail Ear short OF the pubc's expecta-
tion. and Tammany VIII use his failure strong
campaign argument 70 convince the voters that
Gardner did as well IN Office any ''reformer''
could Every day therefore counts
The proceedings in the hearing before Commits
slcner Wilcox We're brief yesterday and devoid Of
those lively incidents which marked the cross-ex-
animation OF Recorder Cor on Thursday They re-
suited IL Commissioner Wilcox admitting within
the scope OF the hearing tie presentnent Of the
March Grand Jury He said Il made no difference
whether Judge Foster should expunge It from the
court records or not.
Horace E Derntng. Of the City Clubs counsel
began by offering the minutes OF the proceedings
il Recorder COTS court on March = when the
Grand Jury appealed the Court 10 exclude the
on being present against it's will when DR.. Park
Samuel UnterInyer, counsel for the District At
torney, objected the ground thar the matters
introduced occurred subsequent 10 The fling of the
charges against Gardiner and were consequently
NOT competent. that the occurrences shown did not
refer 10 any OF the specifications fled. and that
they were not competent as relating 70 the specif
c6IlOD charging mental moral unfituess.
M. Wilcox OverTuled the objection
Deming read in full the stenOgraphers report Of
the appeal 81 the Grand Jury Mr.. Gardeners argu-
lent Oh that occasion and the Recorders reply and
ruling
henry Welsh. deputy clerk Of General Sessions
thea produced the presenrH0enr OF March so and
Mr. Coy-le offered Il IN evidence
Mr- ClterrDyer objected that the Grand Jury had
10 rigEt 70 submit such document anv more than
they had the night 10 submit copy OF the Constf-
tuition Of rhe State OF Indiana and argued that n
expunsed from the record. He urged that the ad-
mission Of the presentment, i the Commissioner
DECIDED 70 admit t. should De delayed until Judge
Foster had announced MS decision in the matter
NJ. DeT2lng said that Judge Fosters action could
nave no effect IS far the presentment went.
that The presen1ment was a report OF The Grand
M Wilcox ruled that he would admit the pre-
sentiment de said he believed il competent even
Z Judge Foster decides that II is 10 be expunged
ron The court record.
Before adjournment Mr.. Coyne said the case for
lne charges would ne completed in two al
three days, lie said was anxious 10
hurry the case. He had agreed with Mr.. Inter
1ger not 10 hold d session Monday or Tuesday.
5ot1 sides would be ready Wednesday and the case
10y the charges would be- finished Friday.
Ny Wilcox in ad3Ourning until Wednesday at
l05l q. said he would hold the Attorney-Gen-
some unforeseen accident. would decline TO allow
nm 10 present any evidence later.
III ClUe-Ilvsr declined 10 say how long II would
ske hin 70 get ready open for the defence, and
NJ wilcox said ne would make order the
subject until after the case for the prosecution