New-York tribune., 1902-03-14
Dixie MAY ATTACK TO-DAY
He SW,EAR.S IN TWENTETWO
SPECIAL DEPUTY SHERLFFS.
GUDEN SAYS IF HIS ROOMS ARE EN-
TERED HE WILL LEAVE THEM
PEACEABLY-BOTH SIDES
HAVE GUARDS POSTED


Fearing that to carry out his intention of
forcby removing Charles Guden from the Of
fees of the suite of the Sheriff of Kings County
would be technical contempt of court, because
of order to show cause issued by Justice
Gaynor and directed against him, Sheriff Dixie
decided yesterday to postpone hostilities until
| to-day. The order to show cause why Mr.. Dixie
should not deliver to Mr. Guden the papers and
records of the Sheriffs office that he seized will
be argued before Justice Gaynor this morning
Sheriff Dixie believes that the order will be dis
missed. He will then proceed TO break in upon
| Mr.. Guden and remove him and his followers
For this purpose twenty-five special deputy
sheriffs were sworn in yesterday. If they are
not equal to the task of taking the Guden
stronghold the militia will be called out,
Sheriff Dixie has orders to remove Mr.. Guden
at once and to use all the force necessary to
carry out the order.
Further action, which may be taken by either
side, depends on the disposition of the order to
show If il should be dismissed Guden's
counsel have another card up their sleeve, but
they refused to reveal its nature last night
Should the order be sustained Sheriff Dixie would
be placed in a peculiar position He would either
have TO withdraw and abandon all the advan-
tage he has obtained thus far thus disobeyng
Governor Odeus orders he would be acting
of being committed to the Jail which he
holds
Both sides mad guards last night in the rooms
occupied by them in the courthouse. Deputy
Sheriff Ortiz was in charge of Sheriff Dilke's
quarters In the equity room. With him were
three other deputy sherifs. In the other offices
Guden himself remained as did William L.
SANFORD and two others. They slept in ham
mocks furnished by a friend
THE JAIL ALSO GUARDED NOW.
Though Sheriff Dixie said he had no intimation
that the attaches of the Raymond Street Jail
who went over to him on Tuesday. would desert
or that Mr.. Guden would make an attempt to
capture the Jail. Deputy Sheriff Ryer. who is
one Of Sheriff Dike's most trusted assistants
was sent to Raymond Street Jail last night He
told 10 guard the door and watch for any
tricks the part of The enemy. Sheriff Dixie
was at home last night. getting rested for what
II is believed will be a busy day to-day.
The visit Of Lieutenant Colonel Jasper Ewing
Brady, OF the 23d Regiment TO Sheriff Dixie
yesterday afternoon gave rise TO rumor that
the militia would be called out. It is true that
Sheriff Dixie has a thorough understanding with
Lieutenant Colonel Brady concerning the obtain
ing Of troops quickly should they be needed
From present indications. however. 1t does not
seem that troops will be necessary.
Mr.. Guden said yesterday. when he was mo-
mentarily expecting Sheriff Dixie to break in the
door with his posse. that he would do everything
in his power to keep the enemy out but il they
got in he would not use physical force TO get
them out and would surrender peacea bly,. In
this course he viii follow the advice of Lieu
tenant Governor Woodruff with whom he talked
over the long distance telephone.
About O'Clock yesterday morning Sheriff
Dixie called up from Albany by Governor
Odell after the latter had talked with Attorney
General Davies and Michael J. Dady about the
Kings County trouble The Governor expressed
disappointment that Sheriff Dixie had not acted
more vigorously. The Governor made it clear
that he wanted Sheriff Dixie to assume full con-
troll at once. and empowered him to use what
ever force was necessary.
GUDENS MEN RENEW ALLEGIANCE.
When the Sheriff turned 10 his desk again he
found that fourteen Of the assistants who had
deserted Guden on Tuesday had gone back to
the ex-Sheriff once more Among them were
five deputy sheriffs and John J. Johnston, chief
clerk Later Mr.. Dixie said that all the de-
serters. with the exception of Deputy Sheriffs
Timothy Dady and Richard Mucahy. had given
him assurances that they were ION the fence"
and would not recognize Mr. Guden. II was
learned that Sheriff Dixie was rather glad than
otherwise that certain of the men had left him.
for it would give him chance to get rid of
several of the men whom he did not care to
have.
About 10 so o'clock Jerry Weinberg, counsel
for Mr.. Guden came into Sheriff Dikes Office
and served on him the order TO show cause that
had been granted by Justice Gaynor. It is an
order requiring MI Dixie to show cause why he
should not deliver to Charles Guden all books
and papers belonging to and appertaining to
the Sheriff of Kings County. The petition is a
lengthy recital of the history of the Sheriff's
trouble from the time Mr.. Guden was elected
The petitioner states that the order of the Gov
ernor purporting to remove him lis false on it's
face. is untrue and is not sustained either by
the charges or the evidence, and is therefore
Illegal and void. and contrary to the constitu-
ton of the State of New-York and the Governor
and is wholly without authority or turisdic-
tion to remove the petitioner from the office of
Sheriff by reason OF any of the alleged charges
preferred"
Sheriff Dixie received the order Of Justice Cav
nor, and then proceeded TO prepare to carry out
the instructions OF the Governor to forcibIy re-
move Mr.. Guden. His first act was to swear in
twenty-five special deputies. many of them
newspaper men, who were awaiting develop
ments In spite of the secrecy that attended
this procedure. word of it reached Mr. Guden
in the adjoining room; Up to that time the
any could go in and out There were a few
quick orders the doors were closed bolted
barred and chained. and furniture was moved
in such position to form a barricade.
THE ATTACK DELAYED.
Meanwhile however. it was suggested that.
though the order of the court was in no sense
a restraining measure. there might be some ele-
ment of restraint in it, and any violence on the
part Of Sheriff Dixie might be construed as con-
tempt of court. Action was therefore delayed
and counsel was sought 1t was Jacob Brenner.
chairman of the Republican County Executive
Committee who suggested that IL might be un-