New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-04-04
GARDENERS s HOPE DEFERRED.
ARGUMENT OVER THE MARCH PRE-
SENTIMENT POSTPONED.
HIS FRIENDS DERIDE THE THREAT OF
HAVING JUDGE FOSTER IMPEACHED
FOR EXPUNGTNG IT

District Attorney Gardeners hope Of seeing
the scathing presentment which the March
Grand Jury made against him expunged from
the records of the court was deferred yesterday
but is not abandoned. Samuel Untermyer. his
counsel, carried out his expressed intention yes
terday. and moved before Judge Foster. in Part
I OF General Sessions that this be done with
the presentment. and that all the proceedings
Of the March Grand Jury be made public but
Deputy Attorney General Cosby asked for time
TO consider the case. and received until to-mor-
He said
The Acknowledgement recognizes, Your Honor.
the Importance OF this matter and is as desl-ous
Of having It expedited the counsel fer the Dis
important it is necessary that the
gate the matter and read the papers.
Judge Foster said IL an adjournment was
necessary II would be granted.
Mr.. UnterInyer then said that the Attorney
General would have a chance to see all the pro-
ceedings Of the March Grand Jury. Judge Fos-
ter insisted that only the Acknowledgement or
his deputies should the papers OF the pro-
ceedings before the March Grand Jury. and en-
phasized the point that they should not be made
public.
Then the matter went over until Thursday
Mr.. Cosby uncertain to who would
appear Thursday and argue against the ap-
Cosby to the District Attorneys office. where
such Of the papers OF the March Grand Jury as
were there were inspected.
Friends OF Mr.. Gardiner laughed yesterday
at the report that efforts would be made TO
have Judge Foster irnpeached If he should wipe
out the presentment They declared that court
records have been frequently altered in the past
for good and sufficient reason and that they
would furnish Judge Foster with a reason for
so doing by showing that the presentnent was
not founded on facts. They also declare that
Judge Foster by expunging the presentment
would not be rneddling with a record Of Re
corder Cons court. but OF the whole Court -of
General Sessions. in which all the Judges have
equal power They assert that such action
would neither be unprecedented nor revolu-
tionary.
On the other hand, Recorder Gofr's friends
say that II Judge Foster grants the application
II Will be direct insult to Judge Coff since the
record was made in Part I while ne was pre-
siding over IL. They declare that the Recorder
will defy any to do this. and that If Judge
Foster does it efforts to impeach him will fol-
low. Reports which were put in circulation
yesterday that there is dissatisfaction over the
way in which Commissioner Wilcox is conduct
ing the investigation Of the City Clubs charges
against Gardiner could not be confirmed among
the District Attorneys staff friends yester-
day. They, at least, seem perfectly satisfied
with the way in which the investigation is be-
ing conducted by Mr. Wilcox, though they do
object to the methods OF the City Clubs cOun-
sci. Mr.. Wilcox Albany yesterday.
where IL was said, he was consulting with the
Governor about the advisability of admitting
the relations of Gardiner to the March Grand
Jury within the scope of the investigation
The April Grand Jury found no indictments
yesterday. They occupied their time with prison
cases. II is not known Yet whether they will
take up Third Avenue and protected vice or
not. 1t is reported that they did not relish the
free discussion Of their politics which pa
pers entered upon but think they should be
regarded by the public as wholly unbiased in
the discharge of their duties by political con-
siderations, at least until they have shown
themselves otherwise. The foreman, Thomas
Mccarthy. is Democrat, but the majority OF
the jury is Republican.