New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-03-31
UNJUST" SAYS GARDINER
He ASKS ROOSEVELT TO INCLUDE PRE-
SENTIMENT CHARGES IN THE IN
VESTIGATION OF HIS CONDUCT.

VESTIGATION OF HIS CONDUCT
When Commissioner Wilcox. who is conducting
the investigation into the charges made by the
City Club against District Attorney Gardiner.
adjourned court on Thursday he promised
decide yesterday If he had power 20 investigate
matters pertaining 10 the District Attorneys
office subsequent 10 the date the charges were
filed with the Governor Before he had time
render his decision Mr.. Untermyer. counsel
for Mr.. Gardiner. addressed him
You know he said. I'VE desire TO Withdraw
the objection made 10 the Introduction OF
supplementary evidence majority Of the
Grand Jury has presented a presentment before
Recorder Gor the entire purport OF which we
have not learned. A partial knowledge Of the
presentment in our judgment. makes it unwise
10 ask you to pass upon the question raised. be-
cause the proceedings should be fully and COM
pletely sifted that IT may be learned who is
sponsible Mr.. Gardiner on my advice has pre-
pared telegram to oe sent to the Governor ask
ing investigation. Courtesy requires that we
ask Your HonOr's permission 70 send that tele-
gram"
Il do not care to express any opinion on the
question" ruled the Commissioner. but have
no objection TO you taking that course
Mr.. Untermyer read the dispatch follows:
To the Hon Theodore Roosevelt
A majority of the Grand Jury OF this county has
eering % the conduct Of the Office Of Disric % At5or
ney OF this county, which is monstrousy unjust
evidence. I convinced that the present action
is inspired and is due 10 the active advice OF
whose personal hostility 10 has been a matter
Of public notOrIety and the subject of newspaper
comment from the time I assumed Office
Contrary the immemoriaI usage Of Grand
JUries its communications with me have been al
exclusively in the form OF correspondence Al
though assistant and deputy assistant were
and although on several occasions personally at
tended before them This unusual course I have
m haz-a haay r-a1- Of
procuring in that way foundation for present
nd all The rr9nsaCriO1s heTvvaar me Cr5r5 TIIry-
and myself and my office shall be the subject Of
! therefore Respectfully request you 70 refer this
presentment and statements contained in II 10 the
commissioner appointed oy YOU VINO Is now taking
testimony upon the charges preferred against
hereby Consent to any move Of pFecedare @ 'ha5 the
AttorneyiGsneraI 5 5 may deem legal for thar Pur,
thls subject may oe fled with the commission or
that the hearing upon them be proceeded with
as speedily possible upon what II any fact this
ASA BIRD GARDINER
The Commissioner declined 10 allow MI
Untermyer's action to restrain his decision He
read at some length the decision he had pre-
pared It decided that the Attorney-GeneraI
might amend his specification and include any
acts supporting the charges that have occurred
since the fling Of the original charges and
specifications. The decision bears only the
charge OF mental incapactty and iuf1rmneSS.
As soon as Recorder Gor took the stand Mr.
Demng asked him about the transfers Of cases
from Special TO General Sessions. The Recorder
said such transfers tend 70 delay the trial OF
offenders and often procure miscarriage Of
justice
In RESPONSE 10 Mr. Dening the Recorder told
OF the trouble March 3. last year, when he
and Mr. Gardiner clashed to the right Of the
District Attorney 10 enter court while he
charging the jury.
The Recorder gave some details OF the trouble
that have not been published He said thar
even when Mr. Gardiner threatened 70 test his
rights "as a constitutional officer" of the Su-
preme Court he (the Recorder) told the court
officer in the presence OF Mr. Gardiner. 10
rest the District Attorney II he attempted 20
force his way into court.
corder said. and told him: II you desire a judi
ctal ruling YOU can have IT, II you enter nv
court in the disorderly manner Of the other
day this officer will arrest you and will send
YOU jail
An the papers in the case, including an af7-
davit OF the Recorder and a copy CT the man
damus. etc, in the action 70 show cause. ad-
dressed 70 the Recorder were offered in evil
dence and admitted despite Mr.. Unteruyer's
objection that even District Attorney has the
right to appeal 10 the Supreme Court for re-
dress"
The witness identified book OF court records
and MI Deming read portions of il 70 the
stenographer Most OF the cases referred 20
were excise cases. and the report showed that
during the trials the Recorder had made sew
aral more OF less caustic remarks regarding the
methods or the District Attorney MIR Inter
nyer objected 10 the Commissioner permitting
the ''gratuitous insults passed by this witness
on the District Attorney being received as evil .
dence. but he was overrued. MIR. Untermyer
dwelt at some length upon the alleged personal
In the Recorders statements and de-
cared when the Commissioner told him not 70
waste time; There are two ways OF trying this
case fair way and unfair way. II looks
as II Your Honor had decided 10 try the latter"
At $50 o'clock an adjournment taken
until Wednesday at 1880 a. The Recorder
win take the stand at session 10 be begun
4 O'Clock Wednesday evering and the entire
evening will be devoted TO cross-examinatiOn. /
The hearing will be In Part III OF the Supreme 4
Court.
The best OF an Cough remedies