The sun., 1900-12-23

W" N'N''UFN N-''0'TRl N0hln lF~l' T'i't''''T
with the District httornc, signatur" nt-
tachod and this was doro col Gardner
s1ld M member Of his a. N could get n blank
sub pna from him except on ~" order Of tho
Grand jury and that hs would not give one
10 tho Angel Gabriel hi"isef
Regarding the othcr 'htce charges. much
testimony was produced showing that there
were reasonable quest ions Of difference IN
volved. and the Governor did not seem 20
think any Of these charges was sustained.
For instance, IL could not be shown that there
was any malice on tho part Of the pirict
Attorneys oflCe in having election CAses
stricken from court calendars or that the
District Attorneys Office has purposelv
hiuderad the prosecution Of election cases
by running In other criminal cases important
to the people, such as the black lAhhit
and divorce mill" prosecutions
so II was with the other points to the last
three charges, which werc not 80 important
In themselves but which. II was thought by
Mr. Hammond, showed studied Efforts on the
part Of the District Attorneys o flicc TO hinder
the Deputy Attorney General In the prosecu-
ton Of election law violations Questioned
by Mr.. Bartlett. Mr. Hammond said he did not
intend to allcgc miscarriage of justice be-
cause OF the interference OF the District
Attorneys Ohlce. but he did insist the District
Attorney did not give him the aid and assist
ance required by law from him.
Il was not until about an hour before tho
hearing closed that the real sentiments OF
the Governor regarding tho charges we're
made apparent. The testimony was about
all in Then the Governor said
In rendering my decision. shall par
ticularly consider the subject OF the inter
views that is, charge No, 1, and the refusal
70 givo suhpGnaA, charge No. 2
Regarding his telegram to Col Gardiner
concerning Chief Devery' order the Governor
inquired Of Col. Gardner;
DO you mean TO say Nr. ORellly and
Mr. Redmond mover submitted that telegram
10 YOU"
Mr. Gardiner-No.
The Governor-And you retain them In
your ONCE. ! do not understand how such
a telegram could be received and not he called
TO your attention.
Mr.. Gardiner-They could not find me.
The Governor-Thcy knew where your
country address was
MIR Gsr,,lner-Mr. Reilly concluded that
he had performed all that he could do in tho
premises by at once notifying the Chief of
Police that had such co@nan-' from
you and II he did not do HI. t'.tT should
do mine
The Govcrnor-Mr Reilly took it upon
himself to say that you would do your duty
II the Chief Of Police did not 1ad yet he didn't
think it worth while to notify you that the
telegram had been received
Col Bartlett-If II was not delivered TO
him how is MIR. Gardiner t. be blamed for
that ! mean il his employees didn't deliver
II? Now, OF course. that wasn't right.
The Govcrror--Df course It isn't right.
Il was grusS negligence on their part, but
that doesn't exoncrate him Tti" telegram
was received NJ his Office saying | should
hold him to the strict obSsNvanoo OF his duty
and the next day interviews were in oil tho
papers. which. as they appeared. were 'a.cu-
lated to convey not only TIE impression that
YOU turning toward Col Gardircrl approved
Of Devery's order. but that yoU disnpproved
Of the action Of the Grand Jury statements
which were. | might 80 30 far IA to say. IN
element to disorder and fraud at the polls
in New York city. and yet nothing was done
by Mr. Reilly or any OF your subordinates
TO call your attention 10 these statemel =
You paid no heed 20 them, didn't tako tie
trouble to look In the papers to find II any
such statements had been made you never
acknowledge to me that you had received
this telegram: you never took steps such
as tllp Mayor ana N" Ni''ll Doll lNNk, Nl''
as showed their intent not to uid or In any
way connive at disorder ~ violence In con-
nection with the exercise Of the electoral
franchise. upon which the very foundations
Of our Government reat
Col Bartlstt-Adnltting MI that. is that
really one Of the issues here
The Governor-It L. raised "a distinctly
as can be by Ensign's testimony. There
i conflict between Col Gardiner and tie
two newspaper reporters. but there j. "a"
uncuntradicted fact that these statements
appeared in the papers ~ reference to lhIo
matter which was of such vital importance
and that Col Gardiner has never taken the
trouble to state that he was falsely quoted
or try to undo the misch!e. that had been
done there was but one man ia New York
In high of.cal position who came out IN any
way that could be construed as bacAng up
the Devery order, and that man was Dis
rict Attorney Gardner.
Col. Bartlett-Suppose IL wns an error.
or mistake on the part or The District At
torney that he did not acquaint himself with
what was in the newspapers and denv spon
reports Now was a failure so to do ground
for removal?
Tho Governor-I would not send n letter
ike that to any man except had the power
both TO counsel and to punish. | cannot
imagine a sraver crime against the body
polite than interference with the richt OF
suffrage You remember that at n" end
Of the campaign that has closed. appeal after
appeal was made by certain persons high
In power, for instance Mr.. Croker. which
appeals were deliberate incitereLt to riot.
" was an appeal To mob violence.
took no action upon anything said by Mr.
Croker or any man not In official authority.
could not But when what these men sid
was followed by Chief DeverJ's order, things
In New York city began to look critical and
felt the tins had come when a halt should
be called do not believe more astouud-
ing order that that Of Chief Devery's was over
issued by police officer in this OF any other
country. ! felt II such IN Yea! ~ th't
WAS issued ~" n man. and was In n position
corresponding 10 the District Ntorrcy, if
did not take instant action 20 snow ! would
not tolerate any such conduct as that IN
cited by the order. ] should hold myself more
than grossly dcreliC'.
No such action. however, was publicly
taken by the officials concerned IN New York
until ! wrote that letter. The Mayor then
very promptly secured the withdrawal of
TIE order The sheriff took other means 10
show that he was IN entire sympathy wi'l
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