New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-28
LAWYERS IN A WORD WAR.
FREQUENT CHICKERING'S BETWEEN
COUNSEL IN THE GARDINER CASE.
BETWEEN

pickering between counsel was the most marked
Characteristic Of the investigation yesterday into
the charges OF maladministration which have been
brought against District Attorney Gardiner So
frequent the wranglng. which was mostly
precipitated by Samuel Unte-myer. who is appear
ue for Mr.. Gardiner. that the days sitting was
rot productive Of any great progress sitting the
charges against the District Attorney
Horace r. Deming, whJ has hitherto conducted
the proceedings for the State did not appear yes
terilay although COMMISSIONER Ansley Wilcox de-
iayed the opening of for some time in the ex
peotation thar Mr.. Dening might arrive Mr. Dem
ines place tabeT by Deputy Acknowledgement
John II. Coyne.
When the hearing resumed Mr. Covne asked
thai the stenogra2her's notes should be purged of
the word prosecution" He said the inquiry was
not prosecutor. and therefore he requested that
witnesses. instead Of being designated as called
for the prosecution" should be described as Wit
nesses 'callei to support the charges" He also
suggested tf2t Mr.. Gardiner should not be- termed
The Gefenfant,' because there was no defendant
In the mater
The Commissioner instructed that the records p.
corrected as requested. while Mr.. Untermyer some
What Fairlcail} mterposed the remark that he was
glad me attorneys on the other side had admitted
that they were not engaged in a prosecution or as
he had before contended. q persecution Mr. Inter
r5er also asked that the original charges be pro-
61ced. MI Wilcox said they in his safe In
buf1alo. but that ne would bring them down for
counsels inspection. Mr.. TTntermyer bouaver Noe
not satisfied with this and demanded ae q 49,.
@N--'N'-NSo
OF right hat the original charges be submitted to
MN. IheIeupon Nj Wilcox. obviously nettIed said
ihat the charges were technically in the possession
OF the Governor and that Mr. Uuternnver ~ he
wished. might them az Albany
III. COME then proceeded TO draw attention 70
cases which had been recommended for dismissal
pY inc D'Silel Attorney after they were ready for
trial
Henry Welsh. deputy clerk of the Court ~ Con
eral Sessions, produced papers in the case of
Beriha Schaub. who was accused of manslaughter
IN M'reh 1898 After transfer and several ad-
3ourhnaents she was discharged on the recon-
mendation OF the District Attorneys office that
the evidence was insufficient to convict Mr. I'm
termyer objected to the production of the papers
out Mr.. C2yne said il was only reasonable to ask
mat the papers he admitted. All he wished TO do
was TO make out a prima facie case of official mis-
cohG4ct on the part of the District Attorney 1t
@9uIa then De a question for the Governor to de-
ts aLoh IN once: Mrs Schaub had been
cAaFged with performing criminal operation
that there were thirty or forty bogus lying-ir
hospitals in this city which We're maintained for
II vtes Of this fact. MI. Coyne said the Gov
ney dismissed the case against Mrs. schaub and
cases similar 10 hers. Mr. Wilcox admitted the
Rapers bui only as record of the action of the
Coroners jury as presented to the District Attor-
I suppose that is your star case" Mr.. Inter
mEsT said turning to MI Ceyne.
i have others. but want this particular case
tested against the remarks Of Nj TGyae also pro,
Is time that the wittcisns an6 salies of the coun
sci Tor the other side should from obstructfng
the proceedings" he said. 1T is time that we
proceeded IN an orderly and proper manner"
me commissioner asked counsel on both sides
10 refrain from making irrelevant remarks
Inc rest or the day devoted to bringing for
ward other instances Of cases having been dismissed
on the recommendation Of the District Attorney
elthough the evidence in each instance was fully
suElclent TO secure conviction. One OF thete cases
rEeIerreo 70 the discharge of a man named George
S5IeenDeTg, who was indicted for an assault on
Max PEG IN, Martin EngeI was Greenberg's bonds
man, ana PICK testified that the evidence against
he man was complete; he could never get the
District Attorneys office to bring the case for
tflal ana ultimately he learned that CSreenbere
without his consent had been discharged NJ
PICK int1Iated that Greenberg was discharged he
cause of his political influence. w
NneI MI Coyne asked the witness If he knew
Wno Martin E1gel was Mr. Untermeyer objected
ana shen MI Coyne persisted in asking If the VIII,
ness knew what Martin Engers political affiliations
HeIe 5df; Untermeyer again protested and stig-
ulaLlZeu the questions Of counsel as insulting
WY, said Mr. Coyne ingenuousIy there is
nothing insulting or degrading in asking If man
Is Democratic leader in this city is there?' W
- II you run the Republican party in I,ivin esto-
county, Mr.. Unterneyer replied ''you are iii
York you are ali wrong" IA ->o"-
morning. - 0'00 eIoch Ihls