New-York tribune., 1900-09-14
MR.. wILCOX'S FINDINGS.


MR. WILCON'S FINDINGS.
The report made to Governor Roosevelt by Ansley
Wilcox the Commissioner appointed TO take tesh-
mony in the matter Of the charges which the Guy
Cuts committee made against District Attorney
Gardiner Of New-York County. contains slXiy-nlne
printed pages It does not recommend the disnls-
sal of The District Attorney 1t does not recon-
mend the dismssal Of the charges. 1t IS IN the
main an analysis Of The testimony taken beiore
the Commissioner, prefaced with the statement
that the Commissioner has authority to state
conclusions opinions or TO make recommends
tions but only to report the material facts Wilch
he deems to be established by the evidence Inc
report is generally favorable TO District Attorney
Gardiner and seems to point the conclusion that
while the District Attorney may have committed
errors OF discretion, and may have manifested a
lack Of tact and self-control, he was not shown
ID e guilty either Of wilful abuse OF oicla power
or OF wrongful acts in an Official capacity or OF
such neglect as would make him subject to re-
movaI
DISCHARGE OF BAIL BONDS.
Eight sections of the report deal separately with
the evidence submitted TO sustain or disprove the
eight charges.
F4rst-As to dismissal or indictments and dis
charge of bail bonds
while the disrnissals and discharges are many the
Commissioner finds that there Is no claim of any
direct proof that the action Of the District Attor-
nsv or his assistants in the dismissal of any in
spired by improper motives"
Second-As TO transfers OF cases from the Court
Of Special Sessions 10 the Court of General Sessions
The Commissioner finds from the evidence that
the power TO authorize such transfer Of cases is
vested in the judges.
RAINES LAW ENFORCEMENT.
Third-As TO the enforcement of the Liquor Tax
Jaw. the report says:
The charge that District Attorney Gardiner has
shown himself opposed TO the enforcement of the
Rsines law, and that his conduct this connection
has amounted 10 notification O. the law, Is not
sustained by substantial evidence
Fourth-As to the enforcement and collection of
forfeited bail bonds
A vast mass Of statistical evidence was submit
ted 10y the complainauts show the nonfeasance
and misfeasance Of the District Attorney in this
connection. and a number Of specific cases were
pun in proof
Fifth-District Attorney Gardiner is charged with
improper conduct in his management Of certain
specific cases.
Nine such cases, the report says, were an
alyzed by counsel in summing up This is a small
proportion Of the total number specified in connec-
uon with the charges, and is only part Of the
cases in regard TO which specific proof taken.
is understood that the other cases have been
abandoned but il is fair assume that these nine
present the most serious grounds for criticism.
RELATIONS WITH JUDGES
sixth-District Attorney Gardiner is charged with
unseemly. UndIgnihed and improper conduct in the
courts and in his relations with the judges This
charge IS also made to apply to his assistants The
report says:
On the. one side the claim is that the District
Attorneys attitude toward the courts and judges
mas been inspired 10y excessive vanity and presump
uon' ihal ne mas been seII-assertive. quarrelsomt
ana gndifYniiled 10 a decree which has seriously
insl courts, and has been public scandal
on the other side. il is maintained. with equa
except Recorder Gon have been pleasant and sat
isfactory in the main and not open TO criticism
Of a seTies 5Ie OF public and private attacks by Re
in attempting TO withstand these attacks and up
hold The dignity and independence Of his office. ht
has done no more than his duty and has conducted
himself wisely ana properly.
seventh-District Attorney Gardiner IS charged
with improper conduct and neglect Of duty in con
necton with the work Of the Grand Jury in March
1900
This is the Grand Jury of which George Hayer
Putnam was foreman, TO which presented evi
del-ce as to the prevalence of vice in the Tender
lOin and with regard TO the Third Avenue Railwa,
scandal. No charge had been framed to cover tn,
District Attorneys alleged misconduct in this mat
ter, the transaction having occurred after the in
quiry was in progress The Commissioner. how
ever admitted testimony in regard thereto. bu
only for the limited purpose of supporting tn
original charge OF demonstrated mental and mora
uuftness.
Eighth-Finally District Attorney Gardiner fl
charged with mental and moral unftness for tn
duties Of his Office
With regard TO this charge Commissioner WilcoJ
quotes from his ruling. flea at the time the evi
dence regarding the Putnam Grand Jury was ad
mtted, as follows:
Upon the close Of the evidence ii will proba blr
become question for serious consideration as L
whether "a deficient moral sense mental in
capacity and temperamental unftness for such
pubic service as ms Office requires independen
OF positive Of WrOugdong. can properly /,
made the basis OF charges looking 10 the remova
OF an officer elected by the people. Counsel for tn
District Attorney has already argued that thi
charge Is too vague and general, and is altogethe
matter Of opinion. and that such question
electors
county and not to the Governor after the office
has been elected.
The Commissioner does rot intend 10 express q
10 imply any opinion on this contention. As al
stract proposition il might be difficult to decid,
and il IS within the province OF the Commis
siCner 10 dec!Ie IT, When the evidence has bee
any deficiency in capacity IT unfitness is prove,
the amount degree Of il can be considered b
After quoting this statement the report cor
cludes:
no additional findings Of fact can be made
connection with this charge. 1t involves a gener
conclusion claimed follow from all the fac
found and the testimony referred to in the pr
Vous sections Of this report II is proper
within the province of the Commissioner
press or intimate any opinion this subject.
The conclusion which is to be drawn from
these facts. when viewed together and a a WhoI
bearing upon The fitness or unhtness Of II
District Attorney for the duties OF his office
one resting in the good judgment Of the Governo
LIES ABOUT GARDENERS HEALTH.
Although the politicians OF the city both Repu
lican and Tammany. have been expecting the d
nissal Of the charges against District Attorn
Gardner, several Of the Republican leaders in I
city last evening expressed disappointment at I
failure Of the charges which made by I