New-York tribune., 1900-04-12
GARDINER is NERVOUS.
FEARS THAT PRESENTMENT WON'T BE
EXPUNGED.
s7-DDEN DETERMINATION SHOWN TO GET
THE CASE AWAY FROM JUDGE
FOSTER

There was a rumor yesterday that District At
.or7ev Gardiner had begun TO fear that Judge Fos-
Ter Of General Sessions good Tammany man
though he is would order the presentment of
the March Grand Jury 10 be expunged from the
records Of the court. Some basis for this report
z-as furnished when the hour for the hearing of
che application arrived and Samuel Cnternyer
NJ GARDENERS counsel. Unexpectedly requested that
he case be taken 70 the Appellate Division of the
s,-prerle Court. Judge Foster said he was willing
and adjourned the hearing until Saturday In order
that Nj Cntermyer might ascertain whether the
A,oerate Division would take the case up or not
Denuty Attorney-General Coyne. and Wheeler H
paokharn who Mr Coyne explained was acting
rs counsel for Atcorney-General Davies reached
the court at the hour for the hearing of the
argument $50 d. m, and were followed a moment
later by M Unternlyer. short conference was
bele between the lawyers and Judge Foster in
which Mr Cntermyer. speaking for the District
Attorney asked that the case be transferred from
me Court Of General Sessions TO the Appellate
Di ison Of the Supreme Court. where five judges
would sit instead OF This was finally con-
scented 70 by Deputy Attorney-General Coyne, and
An adjournment for one hour taken in order TO
ascertain Il the business OF the Appellate Division
was such as 10 permit immediate hearing of the
argument
shortly before noon Mr. Untermyer. Assistant
District Attorneys Mcintyre and Cnger. with Dep
nv ACKNOWLEDGEMENT Coyne and Nj Peckham,
turned 70 Judge Fosters court from the Appellate
Division. Mr.. Unternyer said that they had called
On Presiding Justice Van Brunt. OF the Appellate
Division and been told by him that he did not see
how, under existing conditions. the Appellate Divi-
sion could take the matter from the Court OF Cen
era Sessions unless Judge Foster should decide
maj MS court had jurisdiction and throw the
case out He consented. however. 10 consult with
his associates the matter
M Cnternyer then urged Judge Foster 70 make
ruinE the effect that the Court OF General Ses
sons haG Jurisdiction. He also asked Judge
Foster 10 sit Saturday next at 10 o'clock,
that me whole could be gone and salts
factoriy arranged for all parties Judge Foster
SAD such course was unusual. but that ne would
consent sir Saturday at the hour named.
M Peckham declared that he in every way
satisfied mat should be heard before Judge
Foster Ee willing take the chance
appeal n case Judge Foster should decide
Ulrge the prcserrment. Mr.. Untermyer retorted
thar the A-torrey-General's Office had appeal in
such case. but the other hand, the defendant
did in il was decided adversely 10 him.
The Justices OF the Appellate Division Of the Su-
preme Court decided IN the afternoon that they
would IN this case depart from their esJab-
hshed custom, which requires that all the papers
shall presented 10 them il printed form
Hearing the City Clubs charges against Dis
rric Attorney Gardiner for yesterday morning
was adjourned until this morning 1880 O'Clock.
Horace E DeninE. OF the ACKNOWLEDGEMENTS
force informed Ansley Wilcox. the Commissioner
appointed 20 hear the testimony that Deputy At
tornev-Czeneral Coyne could be in court and
M Wilcox announced the adjournment.