The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-03-31
GARDINER APPEALS TO GOVERNOR.
The District Attorney Wants the Present.
ment Referred to Commissions Wilcox.

At the Gardiner hearing yesterday Commits
| sioner Wilcox said that he was ready to an
nounce his decision on the admission OF the
record " the row on March - last between
the Grand Jury and Col Gardiner as to the
right OF the latter to enter the Grand Jury
room while that body was celebrating on evil
dence that had been presented to It. At the
close OF Thursdays session Mr.. U%ntermyer
made strenuous objection to the admission Of
this evidence on the ground that the events in
vo' we'd took place a''crthe fling Of the charges
against the District Attorney. Before Mr.
Wilcox had an opportunity TO read his decision
Yesterday Mr Cntermyer got up and said:
"A majority Of the Grand jury has made a
presentment before Recor Ter Gofr, the partial
purport Of which has come to our knowledge.
and makes il unnecessary for you to pass on
the QuestIon-of the admission OF this evidence.
We waive all our objections to ito admission.
for we are now des roiS OF having the proceed
lnes o. this Grand Jury thoroughly sifted in
order to fnd ont on what the prcsentmtn Mt OF
to-day ia based and who il responsible for II.
We have prepared a telegram tn send TO Gov.
Roosevelt. which We think We ought to read to
you. Honor. and secure your permission to
Mr, Untermyer then read the following tele-
gram ,
, the Grand Jury OF this county has to-day made
a prrscntment against me aud concerning the
conduct Of the oflce Of the District Attorney Of
TIN. county which Is monstrously unjust. and
is unsupported by so much as, a semblance OF
evidence. am convinced that the present
action Is inspired and is due to the active ad-
vice of one whose personal hostility TO mo has
been a matter Of public n~o'orety and the sub
lect of newspaper Comment from the time |
assumed Office. Contrary to the immemorial
usage OF grand Jurles, IT. communications with
me have been almost exclusively in the form
OF CORES pondenCe. although an assistant
and a deputy. assistant were regularly
on duty with them. and present every day.
attended before them. This unusual course l
have assumed to have been resorted to 10 the
hope Of procuring In that way a foundation
Tor a p~resentment. I am most anxious that
the correspondcnce and all the transactions
between the Grand Jury and myself and my
ONCE shall bs the subject OF your immediate
in vestlgation,
II therefore respectfully request you to refer
this presentment and statements contained in
IA now TAX InR testimony upon the charges pre-
ferrei against me. For the purpose OF ex-
pedlting this course, | here by consent TO any
move OF procedure that the Attorney General
supplemental charges based on this subject
may be- Ned with the Commissioner or with
you, without further notice to mo. and ask
TINT ne hearing uTon them he proceeded with
forthwith. TO the end thar al concerned NAV
know a. speedily a. possible upon what. IT any
fact this rr's"ntment was bn,T,; ,rn,xro.
Commissioner Wilcox said that h6 had no
opinion 10 express IA 10 the proprlety or mn
propriety OF he telegram. AMI added that he
h.a no objection asns, to ltS beng ,s sent, rh Wi tSle,
then read his opinion, which Is In effect, that
he would permit an additional specification TO
the charges already flied. II II tended 10 show
mental lncapacrty o. the part Of Col. Gardiner.
There was a long wr1ngle over the form Of the
supplemental specification and It was finally
decided to submit il in writing at the next ses-
Foreman putnsm OF the March Grand Jury.
who was 10 court ready to 60 on the stand, was
con 'c4uently, excused, an ! the examination OF
Recorder cor. on matters that happened prior
to the Iiing of the charges. was taken UP In
answe TO Mr. Deming'- question, the Re-
cord, r said that homicide cases were easier 10
pre- pare and try than the general run OF cases
that come up In tn" Court OF General Sessions.
and that hr could see no. reason why there
should he any considerable number Of such
caS"s delayed. In the matter of the transfer
nj cases from Special SrsSions to General
Sessions. the witness said that such transfers
involved great delay
Mr. banning took up the famous row bet ween
tn Recorder aud Col. Gar liner in March. ~ ~.
when the former would not allow the latter TO
ant which resulted IN the District Attorney
caus ng the arrest 81 The attrn ant who barred
his way The Recorder admit. ted the correct
ness Of the version Of this AFFAIR presented by
Mr. Dpming and aided that he had told COT.
Gardner at the time that II he wanted to test
his right to keep him out Of the court room, all
he had to do was insist on coming in the next
time the Recorder was charging ajury. and he
the Recorder would commit him to lail, aud
thus give him u chance TO hring tho question
Of right tefore n higher court.
The records ~ a numher Of excise cases were
brought to the attention Of the witness, and in
most oi tn. cases sOme raus'lc com nent ~ the
preceding JudE" on the cOnduct OF lhr District
Attorney waS included. The Recorder ad.
mltted that a number Of the com read
wsre those he had made. Mr. Untermeyrr
characterized them a. "gratuitous insults"
admission a. evidence BE was overruled.
whereupop he decr; red that II was an outraged to
allow sictchrs which grew out OF personal