New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-07
GARDINER TRIAL PUT OFF.
FIRST SESSION ALL TALK OVER THE
QUESTION OF ADJOURNMENT

The beginning of the hearing of the City Club
charges against District Attorney Gardiner was
in the library of the District Attorneys office
in the Criminal Courts Building yesterday, and
was like dialogue of comedians in a burlesque
show. Ansley Wilcox, of Buffalo. the Commits
sioner appointed to hear the charges wanted
adjournment of the hearing because he had
some private law to try. Deputy Attorney
General Coyne was anxious to have some addi-
tional specifications of the charges placed on
the record, but the specifications were not
drawn. He evidently wanted little more de-
Icy, but was anxious to appear to be ready to
proceed with the hearing. Samuel Untermyer.
counsel for Mr.. Gardiner wanted delay, but
was anxious to appear to be ready to proceed.
A great deal of talk ended in an adjournment
until Monday, February 10. when the hearing
is expected to go on in Trial Term of the SUI
preme Court, Part VIII in the County Court
House.
District Attorney Gardiner was not at the
hearing yesterday Assistant District Attorney
Mcintyre sat beside Mr. Untermyer. Arthur F.
Cosby was with Mr.. Coyne the other side OF
the table, and near them Fulton McMa-
hon and E. L. Heydecker, counsel for the City
Club and the Rev. Thomas r. Slicer, James w.
Pryor, V. e. Macy, A. Oppenheim, o. c. Willard
and w. C. LIE Gendre of the City Club.
Mr.. Untermyer objected to the presence OF
counsel for the City Club, but Mr.. Wilcox said
it would be time to object when the two lawyers
began TO take any part in the proceedings
Mr. Untermyer then asked Mr.. Coyne If he
ready to go on and Mr.. Coyne replied that
he had understood the District Attorney was
not ready. and consequently had no witnesses
present
1.-THE District Attorney is quite ready" replied
Mr.. Untermyer I'VE have no objection to one
days adjournment, but very anxious to
push the trial to an immediate conclusion
II understand" said Commissioner Wilcox
that you desire to amend the charges"
1--WE desire to file additional specifications.
replied Mr.. Coyne. 81 understood from Mr. Nc
Intyre yesterday that there would be no OBJ
lection"
I'VE cannot tell whether there will be any OBJ
lection not" said Mr.. Untermyer, until we
see the Specifications"
They along the line of the charges al
ready presented" said Mr.. Coyne, "but they
are not yet COMPLETED"
Counsel and Commissioner argued for some
time as to the admission of the specifications,
the Commissioner finally deciding with Mr. I'm
termyer that the defence had a right to know
what they have to meet
1T is more than likely" said Mr.. Untermyer.
that we shall make objections. but we don't
want to promise anything in the dark
After some further argument Mr.. Wilcox
said:
The Commissioner will take 1t into his own hands
l have A lawsuit set for trial in Buffalo to-mor-
row and I going TO try it, No discussion
Is necessary. l quite understand how anxious both
sides to proceed.
This desire for haste" said Mr.. Coyne, ION
the part OF the District Attorney is remarkable.
Last Friday his counsel went over the head of
the Acknowledgement and asked the Governor
for delay of one month. The people who are
charged with responsibility for the charges
against Colonel Gardiner are aware that L am
abundantly ready, and have asked me to protest
against any adjournment. The District Attor-
ney, Notwithstanding his application to the Gov
ernor, comes here and complains of delay.
We are entitled TO notification, began Mr.
Untermyer.
THE specifications" Interrupted Mr. Coyne,
that we purpose to add specify every indict-
ment dismissed since January l. 1898, every
during the term of Colonel Gardiner, well
every complaint presented to his office, with d
request that it be given to the Grand Jury"
Mr.. UntermyeP complained that the statement
of counsel was hardly fair, and Mr.. Coyne
piled that the statement was intended only as
formal notice of what the specifications would
show.
Colonel Gardiner said Mr. Untermyer has
been very seriously ill., He is still ill., and 1t is in
the interest of justice that these charges be dis
posed Of. On Sunday we had conference, and
General and the Governor that ready
and anxious to proceed, and that If Colonel
Gardeners doctor forbade him coming to the
city we would go without him."
Mr.. Gardiner was not present during any of
yesterdays proceedings. He was in the building,
but sent message that business connected with
the Grand Jury would prevent his attendance
The counsel started fencing again as to which
side really desired the delay, but the Commits
sioner cut them short by announcing that the
hearing would open on February 10.