New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-04-13
GARDENERS CHANCE SOON.
PROSECUTION MUST CLOSE ITS CASE
TO-DAY.
TESTIMONY REGARDING THE INDICTMENTS
BUTLER AND OF MOLINEUX


All through Yesterdays session OF the hearing OF
she city Clubs charges against District Attorney
-,rd.ner Commissioner Wilcox gave evidence of
NC desire 10 hurry the investigation along its
,,ss and when the hour for adjournment came
= s-nounced that the hearing would be resumed
80 although II is Good Friday. and added that
"a would expect the prosecution to fulfil its prom
=. n closing its case before this day is The
t5,c,-,ents of the Messrs Holt and Professor But
- and Roland B Molineux the chief points
,o,ched on yesterday, including Gardeners ridicu-
to,,s bornbast when he exclaimed: Criticism of
bI,c officials must STOP, and the appellation. fine
~ educational mastodon,' which outraged the
feelings Of President Little.
Henry Holt .the first witness called yester
a. re toG in some detail the story Of his in
5,~--,snt IN February. 1893 with his brother and
professor Nicholas Murray Butler for libel, for
aricisjng the local School Board and its presi-
sant Joseph ) Little. In article, entitled Tam
rnauv IN the Saddle" in The Educational Review
..sn nublshed by Henry Holt & Co. reference had
-, made 70 some members of the School Board
= hstnr easily impressed with the cohesive power
= ,rblic plumber" and President Little was spoken
!. az an Educational mastodOn.'
~ Holt said he could not tell who wrote the
-.,ole complained Of Il was sent 10 The Review.
:. said and published. he identified Nj Titles
1st,s-s OF protest and his firms replies. and Mr.,
T-nterayer read them aloud. The Indictment was
.,s, mt n evidence as well the opinion Of
yrsrs Cowing setting II aside Judge Cowing's de-
ssou was that It had not been shown that the
o~spce complained OF committed within the
4rrss5,ct.on Of the Court
NJ Unternyer attempted 70 get Nj Hollis views
m the libellous article but Mr.. Deming objected,
end Commissioner Wilcox excluded all that line OF
examination and testimony Mr.. Deming read
cqnv' OF The minutes Of the Grand Jury referring
m The Holt-Butler indictment and then Mr.. Holt
was excused. after he had acknowledged that he
vas a firm friend Of George Haven Putnam fore
mar OF the Grand Jury which brought in a pre-
sentiment against Gardiner. and that both he and
III Putnam We're members Of the City Club.
The next witness called was a reporter. who
testified that 70 the best Of his recollection when
the Discretionary was asked about the Holt
Butter Indictment said criticism Of public Of
hcers must stop" and that where higher officials
are concerned he deemed IL wiser TO begin action
bv Indictment" Mr. Deming offered some news
paper clippings Of the interview in question. II
was ruled that they were not competent testimony.
Counsel for the charges then put in evidence all
the papers in the case Of Dr. TrumbuI ". Cleave-
land who was accused Of causing by negligence the
death OF a child. The complaint was heard by
City Magistrate Olrnsted on March u 1898 and dis
missed. The Grand Jury, on the application of the
District Attorney. found an indictment March
u Of that year and a second Indictment March
81 Weeks Battle s. Marshall. counsel for Dr.
cleveland in moving for permission to inspect the
minutes Of the Grand Jury, which was granted by
Judge Mcmahon, declared that their client was
being prosecuted by the District Attorneys office
Judge Mcmahon dismissed the Indictment and de-
MED application that the evidence might be
again submitted 10 the Grand Jury.
Alr. Dernlng read in detail the record evidence"
pertaining 10 The CIeaveland case. Commissioner
Wilcox objected that the evidence WAC already
part OF the records, but Mr. Deming insisted and
Mr. Wilcox yielded He said that in view OF his
uliag that the case for the charges must be com
5eted by TODAY ne considered II a needless waste
Z time He would not, however he said interfere
With cOunsel's method OF presenting his case 1t
ook Mr. Deming just forty-hve minutes to read
he matter.
Frederick A. Baker. stenographer to the Coroners
vas then called 10 identify hts transcript of the
proceedings before Coroner Hart on February g.
Sss in The inquest on the death OF Mrs. Kate J.
Adams. tor which Roland 3 Molineux was con-
1cted
one OF The charges against the District Attorney
that he permitted The prosecution Of Molineux.
1r Wilcox ruled out the record Of the proceedings
n The ground that Molineux had been convicted.
&c declined 70 change his ruling despite Mr..
Jennings explanation that ne purposed TO show
nat the first Indictment against Molineux was
dismissed because of the admission OF Illegal evil
ence, and that the manner Of Mr.. Gardiner at
ne inquest tended 20 support the charge against
ness for Office
The papers were marked for Identification at the
eclae later that they were competent. a ike dis
os-tion vas made Of the proceedings in the dis
aissal OF the first indictment and all the other
apers relating the Molineux case prior 20 Moli-
e5xs trial al General Sessions
M -nternyer suggested that Mr. Derning read |
" TIE ellncatlon OF the Commissioner the ten !
nouSand pages of testimony in the trial Mr. |
-nter-lyer said the District Attorney had no OBJ
ecuon 20 the Introduction OF any or ali OF the |
sPefs put M Wilcox still maintained that he |
Y.e not see their competency Mr.. Deming then |
u IN records from the Appellate Division and the
0-rl eI appeals 10 show that Asa Bird Gardiner |
ppeared II December 1897 as counsel for certain ]
lection inspectors in the xIXth Assembly Dis !
lc', who were accused Of making false returns 1
M Denings next point Of attack was a number |
Lor-eiie1 recOgniZances- Before introducing any |
1f-cl.ar case he presented list complied in the
salhsl property made by the Title Guarantee and |
{ -sl Company Mr.. WILCOX said he could !
= p4Eport OF the exhibits, and counsel explained
- ne intended 70 show that the District Attorney
81 neglected ms duty in The matter Of collecting |
9Ftetec bonds. He offered two death certificates !
. snow thar TWO oCndsmen dead and Mr. /
foiesied that the District Attorney pleaded mot
entlen1en
Counsel wrangled over every exhibit and the /
11nlalsslOner finally accepted them all as evt- |
knee Dut Tor future consideTa ton
Sonn 7 Mcneil OF the State Department OF Ex-
-, testified that several bondsmen who said |
% = default forfeited recOgniZances are now /
yS..lerS o. liquor tax certificates
~ DeEning in view Of the Commissioners re- !
- 70 receive the evidence Of M. Mcneil until |
! sAo1lc Dc ready 70 swear that none Of the liquor
~ certlncates had been assigned. said he had |
9lhlng further To offer that session Adjourn |
leAl was then taken until 1870 o'clock this morn
q IN Part ". Special Term
VJND ALLEGED POLICY SHOP CLOSED. /
GaWard J Reardon and John Brennan. agents OF !
> Norton Goddard IL his crusade against policy
nops. Yesterday secured a warrant from Magis-
DIE FlaEnrner he he