New-York tribune., 1900-12-23

1ntyre, James W. Osborne, James u SicSieuA''N'
Henry w. Unger. James Lindsay Gordoh'
Charles E. f. McCann. James j. Walsn' sorpes
]. Hennessy. Daniel o'Reilly, John SehawkoH
and Stephen g Blake.
Governor Roosevelt entered the door at ll4o
a. m and bowed celdly TO District Attorney
Gardiner The latter bowed affahiy IN response
end would clearly have shaken the Governor
hand cordially If that csficial mad shown the
slightest manifestation OF being other than IN
the mood OF judge intent on deciolng grave
charges TIE accuser. John H Hammond OF
New-York. the Deputy Attorney-General VINO
has had charge Of the prosecutions OF oHehees
against the election laws, was also present
Governor Roosevelt announced that he wished
10 consider first what Colonel Gardiner had salo
in the newspapers of New-York regarding the
Indictment Of Chief Devery for issuing his cee-
brated order 10 the police concerning the ap-
preaching election. Mr. Hammond thereupon
submitted as his first witness Amos NJ. Ensign
a reporter of The New-York Tribune. Mr. En-
sign was asked 10 state what Colonel Gardiner
had said regarding the Devery indictment He
said:
I met District Attorney Gardiner at Tam.
many Hall as he was about to enter the room OF
the Executive Committee. and said 10 him.:
What @bout the indictment OF Chief DeVery!
Mr. Gardiner said that he did not know anything
about it. and then he added: why. have just
come from my Office and they knew nothing
about il there" / told him that Chief Devery
had told me. and he said: why, that Is an OUT
rage" Then he went 10 a telephone ano appar-
turned TO me and said The Indictment was
procured by thu Attorney General and MI NC
outrage Then he ad sed ''It was done without
my authority. Why. my name was put on Inc
Indictment without my authority" ] asked him
II IL was q special Grand Jury, and he said It
was a Grand Jury sworn in by Recorder Goh,
that Il was chiefly composed Of Republicans,
ana he added: 'aThat man Faure is at the head
~ 81 II intimidation. and i
believe the indictment could stand, because
Devery has not committed any overt act"
Then Mr. Hammond submitted Mr. Ensigns
Interview with Colonel Gardiner as it appeared
in The Tribune Of the following day. Mr.. Bart
lett thereupon said 10 Mr.. Ensign:
Did you say that you were a reporter of The
Tribune?"
Il ala not" answered Mr.. Ensign; "but sup
posed he knew me. for had had interviews with /
him once twice before"
Colonel Bartlett" interrupted Governor |
Roosevelt interviews like this Of Mr.. Ensign |
with Mr.. Gardiner appeared in other newspapers
that same day"
Then Mr.. Hammond said: Mr.. Ensign. did
Colonel Gardiner say that this interview was
oonhdential?"
He ala not" answered Mr. Ensign, decisively. |
Mr.. Bartlett objected to further prosecution |
of this inquiry and then said: ''Mr, Ensign, after
You had written up this interview for The Trib- |
1ne did you submit it 10 Colonel Gardiner
I did not" answered Mr.. Ensign, and this |
completed his evidence.
D. c. Buell. a reporter for The Sun" the
next witness. He said:
had an interview with Colonel Gardiner in |
Frankn-st, at the elevated railway station.
asked him what he had TO say about the Devery |
indictment and he said he considered il out |
rage He then added The use Of my name on |
the indictment without consultation with |
me I consider the use OF my under the !
circumstances On the indictment forgery. He
then said Let me see, do not remember what
paper you are on told him The SUM-" and
he had me say 10 him what I was going TO say
in the paper. I told him. and 1 put it in "The
Sun just as he stated IT. With the exception Of
remark about Mr.. Faure.
Mr.. Bartlett then. addressing the Governor.
said: we would have liked subpenas 10 bring
here persons who were at Tarnnany Hall when
Mr.. Ensign met Colonsi Gardiner there. because
think all the charges made against Colonel
Gardiner frivolous except that which is based
tpon his talk with Mr.. Ensign" ---'
Well" answered Governor Roosevelt you
ran submit the names Of the witnesses, and I
wiz decide upon your application later"
GARDINER TAKES THE STAND. ... i
-8r Bartlett said he would like to submit evil
denee that District Attorney Gardiner did not
know that Mr.. Ensign was reporter, and there
fore did not know what he said was going TO be
puDkSneG.. .OlSiflct Attorney Gardner tnen TOOK
the witness stand in his own defence. He said:
Isaw Mr. Ensign in Tammany Hall; but per-
nit ne TO say that as l left the District At
torney's office I met an attache OF the Office
whose name 90 not remember. and he told me
about the Devery indictment. then went on 10
Tammany Hall. and met Mr.. Ensign there.
There were also in the room Richard Croker, the
leader Of the Democratic party in New-York,
and other leading Democrats. I supposed Mr..
Ensign was a man from UP the State. He asked
me about the indictment. told him that. a
OF would i ~
posed / was talking in a private room TO pri-
vate citizen. I considered it an outrage.
Never mind your private feelings" said Mr..
Bartlett. You considered it an outrage ap-
pend your name to indictment when you had
not signed it"
That is it" replied the District Attorney
Were you attempting TO influence public opir-
ion?" continued Mr.. Bartlett
Il was not.H answered Mr.. Gardiner
The indictment was quashed. was IT not?" :
IT was" answered the District Attorney, but
without consultation with me- I knew nothing
about it,
But" said Governor Roosevelt "the indict-
ment was qusshed after Devery had withdrawn
the order"
Then District Attorney Gardiner turned TO an
other point. and he said:
You must understand Governor, that the
Criminal Courts Building is crowded with re-
porters. and that have many talks with them
which are not intended for publication I have
an understanding with them that interviews
only to be given in common which all are to
share. My talk with Mr. Buell.. a private
one. snu was not intended for publication.
You are aware" said the Governor TO Colonel
Gardiner. that a crime against the elective
0lA MEIGEH