New-York tribune., 1900-04-06
GOFF GETS INDIGNANT.
UNTERMYER SHOWS NO RESPECT IN
CROSS-EXAMINATION.
RECORDER DECLARES THAT HIS FEELING
TOWARD DISTRICT ATTORNEY GAR
DINER is ONE OF PITY ONLY.

In anticipation of a lively time at the cross-ex-
animation of Recorder Goff by Samuel Untermyer'
counsel for Asa Bird Gardiner Part III OF the
Supreme Court crowded yesterday. There was
disappointment The lawyer "badgered the
Recorder much he could, and treated him as
dsrespectfully s Commissioner Wilcox would per-
NIT. until at time II looked as If the witness
was about to lay aside his judicial dignity for
moment step down from the witness stand and
physically chastise his questioner. He restrained
himself. however. and the onookers gave him a
round OF applause. In fact. laughter and applause
rang through the courtroom all day The large
City Club contingent. among whom was the Rev.
Thomas r. Scer loudly showed their apprecia-
ton of the Recorders every good repartee, and
the friends of Mr.. Gardiner acted claque for
Cntermyer.
THE RECORDER CALLED.
The Recorder was the second witness of the day
Replying TO Horace E. Demng, representing the
prosecution, he admitted recollection of more
than dozen excise cases in which he had criti-
cised the District Attorneys office for negligence
and the lack OF preparation. Counsel read the
criticisms in each from the court records.
Mr.. Untermyer objected the ground that "the
presiding Judge in court is not the proper i'm
peaching officer Of the District Attorney.
Mr. Wilcox ruled that the objection was i'm
proper.
The Recorder then identified newspaper clip
ping of his quarrel with the District Attorney
when Mr.. Gardiner attempted TO force his way into
the courtroom in October. 1929.
The Recorder. in reply to counsel, defined the
relations between District Attorney and Grand
Jury Mr. Untermyer objected that the law of the
State was the best evidence Of those relations. Mr.
Wilcox ruled the question and answer competent
Mr Untermyer then took up the cross-exanlina-
ton of the Recorder, and the first "spat' came
when counsel asked definition of personal knowl-
edge"
IF you will only keep cool, Mr.. Untermyer, the
Recorder said. "and permit me TO answer the ques-
ton you put
You will please answer my questions retorted
counsel.
with pleasure" replied the Recorder. but 1
cannot permit you to testify for me-"
Mr.. Untermyer protested. but Commissioner Will
cox would not permit any "badgering" of the wit
The Recorder about 10 add something TO
categorical answer, but Mr.. Untermyer objected.
IF the witness is going TO make speeches l wish
he would make them all at once. We don't want
them all in driblets.' he declared.
Does counsel desire the monopoly?" asked the
Recorder.
Mr.. Untermyer asked for the name Of any
of the thirty which the Recorder testified last
Friday were improperly tried and prepared. The
witness said he remembered such cases all through
General Sessions. He could not remember the title
of any case, and declined positively give the
name Of any Assistant District Attorney in any
such
Mr.. Untermyer argued that the Recorder had
been very willing to crticise the assistants gener
ally. and that he had right to refuse to partic
uarize
Mr. Deming argued on the other side. but Mr..
Wilcox ruled that the question competent and
that the witness should answer 1t II he could
TOO MANY TO REMEMBER.
The Recorder accepted the ruling. but when the
question repeated, said:
''I can readily remember the cases that were
latter were too numerous"
Counsel moved TO have the answer stricken out
as improper and showing bias The ruling was
against him. and he repeated the question.
''WiH you tell us the name Of one assistant who
tried a case improperly before you?'
'I can't call II TO mind now. There were many
such"
The witness and counsel fenced for about five
minutes. The Recorders powers of repartee
pleased the spectators, and there was frequent
laughter. Finally. the witness said the records
of the investigation contained the names of Messrs.
Blake and Sullivan.
THE courts have differed with you sometimes" ;"
asked counsel, 'as to what constitutes the proper
way try a case?'
And affirmed my judgment in numerous cases."
replied the witness.
is fact that before Colonel Gardiner took
office asked counsel, every in which you
presided was reversed with single exception"
Commissioner Wilcox ruled for Mr. Deming's
ception- Mr.. Untermyer explained that he pur
posed to show that the Court of Appeals had
passed even more severe structures Recorder
Con- than Recorder Goff had used toward the
the records Of the Court Of Appeals com
petent as showing the Recorders lack of qualif-
cation TO testify expert.
Mr.. Wilcox ruled the words of the higher
courts. but permitted Mr. Untermyer to read from
the record the title of nine such reversals He
would allow questions
The Recorder attempted say that counsel was
In error. but the Commissioner ruled that as he
had declined to admit the questions no statement
regarding them would be competent
None Of his rulings had been reversed, the Re-
corder said, since Mr.. Gardiner assumed charge of
the District Attorneys office
MI Untermyer tried to bring out the fact as to
the Recorders relation the Senate Judiciary
Commission that sat in February. 1895 to consider
bill TO raise the salary of the Recorder and to
make the Recorder the Chief Judge of the Court
OF General Sessions; Judge Cowing's statement to
that Commission and other matters tending to
OF the delay in the courts.
The Recorder appealed to the Commissioner He
said II was unfair to him to rake up old diff
culties between the Judges General Sessions
which have long been reconciled.
If the intention he said, lis to SOW the seeds
OF dissension among the Judges of courts II Is
futile 1t is neither fair just allow ques-
uons which cannot answer" Turning to Mr.
Cntermyer) Il cannot answer such questions un-
less get the floor, and then / can take care of
you" He made hasty movement as If TO rise
but restrained himself
There a round of applause at that and
Nr. Untermyer replied: ''Oh, don't know that YOU
have ever taken of any one"
The Commissioner almost broke his gavel pound
ing for order and then ruled IN accordance with
Mr. Deming's objection that none of the Record
ers testimony before the Senate committee in 1sa5
vas competent to the present investigation.