New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-20
GARDINER HEARING OPENS
TESTIMONY REGARDING INDICTMENTS
INTRODUCED BEFORE COMMITS
SIONER WILCOX.

ley WILCOX, the special commissioner appointed
TO hear the charges which have been formulated
against the District Attorney. opened his court
yesterday morning in Part XII OF the Supreme
Court and began the taking OF evidence. It is
matter Of conjecture yet to how long the
inquiry will last. but II is believed that II win
require at least a month TO place on record the
evidence in support Of the City Clubs accusa-
lions of maladministration and incompetence
against Ny. Gardiner the strength OF which
the Governor Will be asked TO remove him.
Yesterdays testimony. however. not Of
great Importance The day mostly given to
the introducing Of some hundreds of indct-
Isnents which were either dismissed without ap-
parent cause adjourned from time to time
without sufficient reason. The disposition OF
these indictments viii form one of the principal
grounds Of evidence against the District Attor-
ney.
The specifications in the charges, which were
Instituted by the City Club. take up a hundred
pages of typewriter matter. and comprehen-
siyely allege misuse and abuse of power, neglect
OF duty malfeasance wrongful actions and
demonstrated unfitness for office. To prosecute
these charges Deputy Attorney General John H.
Coyne, assisted by Arthur f. Cosby and Horace
i. Deming. appeared. The District Attorneys
counsel were Senator Thomas F. Grady and
samuel Untermyer. The City Club was officially
represented by Fulton Mcmahon and E L. Hey
decker but just what status they will have in
the investigation has not yet been defined by
.ahe Commissioner.
Mr.. Demng began the proceedings by OBJ
3ecting TO the amended answer put in by Mr.
Gardiner to the charges whereupon Mr.. Inter
snyer commended that although the prosecution
had not served amended specifications the de-
fence ha3 perfect right to amend the answer.
Mr.. Untermyer pointed out that one Of the
charges against the District Attorney that
he had prosecuted Roland B. Molineux, but that
had been answered 10y putting record the con-
vietion Of MOlineux Mr. Untermyer then asked
=nat the prosecution be called upon to elect the
particular charges or counts upon which they
were going 20 proceed. II would be unfair TO his
client, Mr.. Untermyer said. unless the Deputy
Attorney General confined himself to certain
specific acts which bore out the general allega-
lions Of the charges.
CANNOT RESTRICT INQUIRY.
The Commissioner held that under his in
Etructions he was not warranted in restricting
the scope Of the investigation, and would there
fore admit everything that in his opinion was
pertinent TO the inquiry.
Mr.. Untermyer objected etrenuously to this
ruling, and said that if the prosecution was TO
be allowed TO browse at will in the District At
torneys Office in the hope OF bringing something
to light the inquiry would be protracted beyond
reasonable length.
MI OclI4liiB edlu III answer lIIdl the lOIihu-
lated charges contained as definite statement
OF what the prosecution intended to prove as
could well be prepared this time.
The first witness called Henry Welsh,
Deputy Clerk OF the Court of General Sessions.
He said that he had been employed as clerk
IA the criminal department for more than thirty
years. The witness had with him the various
papers called for in the subpoena served on him.
Mr.. Deming, who conducted the prosecution
he ,radi
from the witness testimony assuring the &C
'ouracy of a list which the prosecution had pre-
pared Of the cases recorded in the indictment
book Of the District Attorneys department from
January l to May 10 1899
Mr.. Welsh added that the list contained every
thing but the excise indictments, which were
kept in separate registry.
Mr.. Untermyer objected TO the use OF this list
holding that there proof Of its accuracy.
It finally agreed between counsel that the
witness should be allowed to testify the counsel
for the defence reserving the right to correct
anything the record which. as the result of
future developments. might prove to be mac
-curate.
Mr.. Welsh said that according to his list there
were 2,046 confessions 59S verdicts Of guilty,
and ISL verdcts of acquittal recorded between
the dates mentioned
Mr.. Deming then asked the witness for the
total figures covering all cases Including ex-
else violations, on record. Mr.. Welsh said that
between the dates mentioned in the pre-
- Vious list there were 21S2 confessions re-
corded. GIG Vsrdcts Of guilty and / 232 verdicts
y OF not guilty. Continuing his testimony, the
witness said that the criminal branch Of the
Supreme Court was generally used for star"
cases. as trials are known which are expected
10 attract an unusual amount OF attention
William NJ Fuller. clerk OF the Court of Spe-
cial Sessions. was the next witness, and in
answer TO Mr.. Deming said that he had pre-
pared list OF the cases transferred from the
Court OF General Sessions and found that there
were some 1,265 transfers between January
1898 and June l, 1899. According to the wit
ness. the judges Of the higher courts were COM
PEELED, under the charter. TO grant the appeal
for trial before a jury of a defendant who
pleaded not guilty. MI. Fuller said that accord
ing 10 his annual report, there were 30J6 con-
yictiOns, 626 acquittals, 50 dismissals 42S dis
charges and I'D allowed demurrers in his de-
partment between January i, 1898 and June I
knowledge went, the District Attorney had
never been instrumental in obtaining the trans
fer of cases from the Court of Special Sessions
10 the Court Of General Sessions.
TRANSFERS FROM SPECIAL SESSIONS.
Mr.. Welsh was then recalled and produced a
list of cases transferred from Special to General
Sessions between January ], 1898, and June Il
1888. With the consent of the defence a full list
Of the indictments dismissed during Mr. Gardi-
ners term also admitted.
Mr. Demine then called for the production OF
the indictments and other papers In the cases OF
Ida Allen, indicted in March. 1898; Francis E.
Eggelston and others. indicted December ID.
1898 and Cornelius l. Dugean indicted Oc.oher