New-York tribune., 1900-05-17
GARDINER ON THE STAND.
DISTRICT ATTORNEY DWELLS AT
LENGTH on THE MOLINEUX CASE.

JUDGE CoYNE ASKS FOR TINE TO PREPARE
ADDITIONAL sPEcIFIcATIoNs-Mo
BLAME FOR GoFT.
District Attorney Gardiner testified yesterday
regarding the charges brought against him by a
committee of the City Club and under investiga-
ton for the last three months before Ansley w
Wilcox the Commissioner appointed by Governor
Roosevelt.
Assistant District Attorney Unger testified to the
of certain newspaper reports CRITICS.
ing Mr.. Gardiner and testified that but
Recorder Goff could have given the Information
contained I'm those reports The questions and
answers admitted Mr. Deming's objection
Mr. Untermyer's contention that they served
10 show bias the part of the Recorder
There was no cross-examnation OF Mr.. Unger.
end Mr.. Untermyer called District Attorney Car
diner to the stand. After he sworn, replying
to counsel. Mr.. Gardiner gave his record
lawyer beginning with his graduation from law
school in 1860
The personal record completed. Mr.. Untermyer
said: NOW coming down to these charges, let
us take up each charge and specification in order"
Continuing he said: We will begin with the Mich
oas Murray Putler and Holt matter"
Mr. Gardiner said he had advised President
Little, of the Board OF Education. the complain
ant not TO present the libel complained of the
Grand jury until after he had submitted 1t to
magistrate, hut Mr.. Little insisted, and the Grand
Jury indicted
did you ever say that criticism Of public off,
cals stop?" asked.
Il said to several reporters that members of
the Board of Education served without salary,
in my judgment the reference TO the cohe-
sive power Of public plunder crimnally libel
lous and that such criticism should cease"
Mr.. Gardiner, replying 10 counsel went at length
into the of DR.. Turnbull w. Cieaveland. a
famous its day. and declared that there
was no persecution Of DR.. Ceaveland. and that
there was ample justification in the evidence Of
well known medical men for its submission to the
Grand Jury
Mr.. Untermyer then introduced the of Ro-
land B. Nol-neux. Commissioner Wilcox said he
had previously ruled out all evidence in the mat
ter. but he would permit the counsel for the
charges make a motion fer its admission.
This done
Judge Coyne indicated the particular portions
Of the Molinaux record he desired admitted-about
sixty-fve typewriter pages. Mr.. Untermyer OBJ
jected unless the Commissioner admitted the
tire record of the case-more than three million
words The whole record was admitted
Mr. Wilcox ruled that he would permit Mr..
Gardiner 20 say anything he chose about the Mo-
reux Mr.. Gardiner availed himself of the
permission. and told great length his actions,
his feelings and his work before during and after
the Coroners inquest.
Mr.. Untermyers first question when Mr. Gardiner
resumed the stand after adjournment related to
the appointment of assistants and deputy assist
ants. Mr.. Gardiner told of the care he had exer-
cised in making his selections and of the persons
he had consulted.
Did he consult Mr. Croker?" interrupted Judge
Covne in a whisper.
Before Mr.. Untermyer had time to put the oues-
ton Mr.. Gardiner had added Mr.. Croker's name to
the list of persons with whom he had talked He
said Mr.. Croker had recommended two men, both
of whom were appointed. He made in all more
than one hundred and twenty appointments
When We adjourned" said Mr.. Untermyer you
Were telling about the Molineux case VIII YOU
continueT'
bo,a
Gardiner. that as the is still under the con-
sideration of the courts would prefer not TO dis
cuss it,
We'll, just one question. When you summed I'D
before the Coroner you morally convinced or
the guilt Of Roland B. Moneux?'
Il had just received information" replied Mr.
Gardner. which convinced that he was the
man. Other persons We're being publicly accused
OF the crime That is far as ] care to 90 in the
matter" -,
The dismissal of liquor tax law indictments wa 6
taken up. and MI Gardner declared that his Office
had no desire TO nullify the law. charged in
the City Clubs complaint but had found II I'm,
possible 10 punish the vioators. In only one case
that he could remember had his office consented N
The dismissal Of a liquor tax Indictment He said
he had been criticised by Recorder Goff who sa,d
IL was moral cowardice to refuse to dismiss such
INDICTMENTS. and 10 leave the onus with the courts
,hI 1oge ooyne interrupted the testimony explain
and to ask that when court adjourn II adionryg dHay
until Friday morning Commissioner Wilcox said
planed that counsel for The charges needed tme TS
10 prepare ad0itlonaI specifications.
Ihat brought Mr.. Cntermyer his feet declaim
ing against what he termed IAN outrage AT this
stage of the proceedings" 90 'iiS
Commissioner Wilcox said IL would be time enough
10 argue that point when counsel offered their ad-
ditional specifications He said he would gram tho
motion 10 adjourn until Friday. "
Mr. Gardiner quoted authorities at length N
prove that the District Attorney had full and sole
authority to prepare the docket Of prisoners for
trial, and that no case be called until called
by the District Attorney. He said after consuita
tion with the Judges he learned that their ,evs
were not at variance with his own and he or
dered the calendar. read, TO be Drepared
II was only in two parts of the Court of General
Sessions that there any trouble and only in
Recorder Cons court that there was open friction
Mr.. Gardner told in some detail the old story NJ
the arrest of the doorkeeper at Recorder C;off,
court. and of his subsequent more or less amica HE
arrangement with the Recorder. lie said the civ
government had no authority TO buy in properly
or TO protect itself at sales under execution pro
ceedings. and that the law imposed no duty on the
forfeited bond. ' -
,, one after another counsel took up the specifca-
eohs IN the original charges. and Mr. Gardiner
alSMered each one, giving the reasons for the ACT
S,npiaiea OF and the legal authorities the DO
si,lph ne had assumed in every case -
n1l- 1arolners voice shortly before &
Sciock, ana Commissioner Wilcox ordered an adj
Jo"fAiheht until Friday 10 a. m