New-York tribune., 1900-12-25
MR.. PHILRIN SWORN IN.
THE UNCEREMoNIoUs PASSING OF GAR
DINER.
NEW DISTRICT ATTORNEY INTENDS 10
TAKE UP THE DUTIES OF HIS
OFFICE TOMORROW.


New-York has new District Attorney. Eu-
gene A. PhiIbin was sworn in by Justice Morgan
]. O'Brieu at o'clock yesterday afternoon. and
the following notice Of dismissal was served
upon Asa Bird Gardiner just after the close Of
his last day in Office. which ended officially at 4
o'clock:
State of New-York Executive Chamber
In the matter Of the charges preferred asainst
County of New-York- Order of removal from
Charges of maIfeasance msfeasance and misecn,
duct in Office having been preferred against Asa Brd
YORK by John Henry Hammond of said county and
5 copy Of such ehaTses hHy1g % S been n se 9Sn s
fence thereto, and he having fled his answer de-
heard before A me at the Executive Chamber in the
city Of Albany in person and by counsel & ana % s1e
amined now. therefore. 1t appearing to my satis,
srdiner Inn. IN tbe f oe nf Dtsret Aftorney Of the
County of New-York is at an end. IL is hereby
hereby is removed from the office Of District At
'orpey & or & 19e County Of HeT1for5 & 10 ~ .A., or +,
State at the Capitol. in the city of Albany, this
nd day Of December. in the year Of our lord.
nineteen hundred.
By Gls9s sns Governor T. NEWcoMR' appointment
Mr.. Gardiner appeared at his Office early In
the day, and with the assistance OF his son be-
gan the work of packing up his private papers.
He declined to talk to reporters except TO say
that he would probably issue formal statement
in a few days. which would be given to all the
newspapers at the same time. Being pressed
for Indication Of what this statement would
contain. Mr.. Gardiner shook his head, and made
the unexpected remark that he had come to the
conclusion that he had already talked too much,
anyway He remained in his office nearly all
day. except when he went out for luncheon.
awaiting the arrival OF the formal notice OF his
removal. which was not served upon him until
4 Loci ~
successor did not arrive from Albany until 4:15
o'clock and 1t was considered undesirable to
leave New-York without District Attorney
even for moment. for fear Of invalidating any
legal proceedings which might be under way IN
the interval The order was served by Lucien
Knapp. special messenger OF the Governor.
GARDENERS FAREWELL
Mr.. Gardiner did not call his staff together for
any formal leave taking but they visited him in
his private room individually OF by twos and
threes and made their fareweIls. It was said
that Mr.. Gardiner revealed TO his staff unuis-
taxable signs Of grief and chagrin at his re-
moval, but when he finally left his private room
about O'Clock and faced a group of reporters
who had gathered In the corridor he gave no
evidence of detection. Assuming CHEEKY tone
and forcing a smile. he exclaimed in high voice
and waving his hand jauntily: Well goodby.
gentlemen. I have nothing to say to YOU go
now to enjoy my Christmas dinner at Garden
City" and so saying he stepped into the ele-
vator alone and vanished No one accompanied
him The staff remained behind to greet the
new District Attorney. if he should arrive
Thus unceremoniously there passed from office
the only District Attorney Of New York County
who was ever removed for malfeasance, and.
strangely enough. no other incumbent OF that
office ever made such ambitious claims for its
dignity. it's Importance and what ne loved 10
Mr. PhiIbin received the formal notice OF his
anpontment in his Office, at No. Ill Broadway.
from the hands of John A Waldron. Deputy
appointment Clerk. attached TO the Executive
Chamber at Albany. who had started with it
from Albany at 11:35 a. m. but did rot reach
Mr. PhiIbin's office until 4:15 p m Mr. Wal
| dron did not leave Albany until Mr.. Philoin's
resignation as State Charities Commissioner had
| been received by the Governor As soon as he
/ received the notice from Mr.. WaIdron Mr. Phil
| bin telephoned to the District Attorneys office
The First Assistant District Attorney. John F.
Mcintyre, answered and told Mr.. Phil0in that
| Mr.. Gardiner had left the office a few minutes
| before Mr. Philbin then asked Mr.. Mcintyre
| TO assume charge of the Office and the stan as
| Acting District Attorney until Mr. Philbin
/ should appear at the office. which he intended
| To do at $50 O'Clock on Wednesday morning.
Mr.. Mcintyre said he would do 80. and informed
| Mr.. Pbilbin that Mr. Gardiner before going
| away had said that he would revisit the Grim
| inal Courts Building Wednesday morning as
a private citizen to introduce Mr.. Philbin TO the
| staff and also to the judges in the various GRIM
inal courts who would assemble to greet him.
| MIR. PHILBIN TAKES THE OATH.
| Mr.. PhiIbn then FASTENED uptown to the Ap-
peIlate Division of the Supreme Court. IN Mad
| ison Square where Justice Morgan J. O'Brien
| awaited him. Justice O'Brien's chambers are
! on the second floor of the courthouse. At the
| time the new District Attorney was sworn In
there were just seven persons present After
exchanging greetings with Justice O'Brien Mr..
| Philbin filed out the blank oath of office for
| District Attorney OF the County OF New-York
| and handed it to the Justice. Both then arose
and stood with right hands uplifted. while the
/ Justice repeated the oath to support the Con-
stitution of the United States and the Constitu-
ton of the State. and faithfully to discharge the
/ duties of the office Of District Attorney II so
| swear" said Mr.. Philbin. and when he had
signed his name the ceremony was complete
| AS Mr. Phnbin was leaving the courthouse
copy Of an alleged interview with him printed
I in an evening paper was shown 20 him. II pur-
ported TO have been dictated" by him He said
/ that he had talked to reporter on some of the
subjects covered. but while some OF the phrases
/ nrinted were very pretty he had not uttered
| them and most Of the remarks attributed TO
him were contrary 10 his sentiments He denied
\ particularly having said that his advent as Dis
| trict Attorney would be strenuous and that
he feared it would bring him much Unpop-
ularity.
/ that way" he said He added that he had not
/ in any way criticised Mr.. Gardiner. and had not
made any comment on the Tapidity with which
accused meu released The reporter said that,
was Mr. Philbin's explanation He told me
about il, not / him 1t is true that know only
! two Of the present assistants in the ofice but
/ did not intimate that there would be extensive