Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1900-12-24
GARDINER is OUT.
Gov. Roosevelt Removes Dis.
trict Attorney for Cause.
Eugene A. Phi|bin Appointed and
Will Accept the Office.
Will Not Make Clean Sweep, and Good Men
to Be Retained,

Albany, N. Y, Dec. 23.-Gov. Roosc.
welt, Saturday night. removed Distric
Attorney Asa Bird Gardiner. of New
York, from office. Eugene A. Philbir
has been named as Gardeners success.
sor.
Eugene A. Philbin is lawyer, wit,
| offices at No. Ill Boardway. He live:
at No. 759 West End avenue. Mr. Phil
bin is not very we'll known at the ban
or in politics, and is a member of NJ
club save the Catholic Club. He is also
a member of the Bar Association. His
law office is in the same office as thai
of Mr.. Hammond.
Mr.. Philbin is a Democrat but is OPP
posed to Tammany Hall He was very
active during the campaign of 1898
when Justice Daily sought a reelection
after being turned down by Croker
After Justice Days defeat he was in
strumcntal in getting up the public
banquet to him at Sherry's, which was
attended by prominent men of botl
parties. 1t is understood that it was
cX-Justice Days influence which Sc
cured him the appointment. He is a
member of the State Board of Charities
At the close of the eight-hour hear
ing. Gov. Roosevelt literally fired these
words a Col. Gardiner:
The appeals Of Mr.. Croker and 9TH
crs before the late election tending to
incitc riots and violence. followed IN
by chief Deverys defiant order. JUS
titled me in taking the action | did:
and the one public officer who should
have supported me in the cause | had
taken. the district attorney. failed to
do 50. According to newspaper articles
ne backed up Devery in the stand he
had taken"
This practically summed up the en-
tire reason for the governor bringing
the district attorney To book.
There Were dozen witnesses for tho
defense, all subordinates of the district
attorney. and all under oath denied
Deputy Attorney General Hammond S
assertions. as Well as those Of a new
York newspaper reporter.
Gardiner himself was examined,
cross examined and recalled half q
dozen times. He swore that ne had not
said for publication that Chief Dcv-
cry's Indictment was an outrage.
But it was an outrage" he added.
SlarnG at the governor.
The district attorney would have been
a poor witness had he not been restrained
time and again by his suboriinatcs. AS
aistant istrict Attorney Mcintyre had to
koid him within bounds repeatedly.
once he shouted at the Governor;
You can't get at the truth of this ma :
ter if YOU do not follow recognized legal
rules governing the admission Of -cvi-
dence"
Il don't need advice as to low | will
conduct this case shouted the Governor.
just as angrily.
Col Gardiner denied that he had hin
dered the attorney generals office in the
prosecution of election frauds and the
Miller and Lynch cases. He explained
that he had refused to issue blank SuO-
poena forms without knowledge on whom
the SUbpoonas were 10 he served, because
Judge Gaynor had denounced sucn prac-
tice: ana that he had not answered z
communication from the Governor reIa-
tive to the DeVcry ma tier because the in
dictment had been withdrawn before the
letter reached him.
1t was very evident through the cntir,
hearing that the Governor was after tbs
scalp of the district attorney, and he
pressed him sharply on all points.
At the close Franklin Bartlett, Gardl-
ner's counsel, said:
Governor. if you convict Col Gardnei
it will be for malicious and scditiou-
Islander only. and that does not warrant
removal from office.