The sun., 1902-03-12
dixie In, BUT GUDEN THERE TOO
DEPOSED SHERIFF HOLDS on TO
OFFICE hooks AND PAPERS.
New sheriff Captures One Room and Reap
points Gudens Stan Except Deputy
jail Surrcnders Fun Promised for
This Morning - Militia on Tap =?

as Sheriff of Kings county, installed him
self yesterday in the Sherif's Office and
reappointed the deposed Sherif's entire
staff with the exception Of Under Sheriff
william l.. Sandford. whom he dismissed
Guden, however. refused to surrender
the books and papers and retained pos
session of the main Office. Sheriff Dixie
took possession Of tho equity room and
entered upon his official duties.
Gudsn held the fort IN the main Office
last night. while Sheriff Dixie had two Of
his deputies in charge of the equity room
Shortly before midnight Guden went home,
leaving Sanford on guard until morning
Guden's legal advisers, Gen. d. F, Tracy
and Jcre A. Weinberg, were augmented
yesterday by Mirbeau l.. Towns, the poet
lawyer. The last, Il if said, was in consulta-
ton with Supreme Court Justice Gaynor
In reference to the controversy. but Justice
Gaynor eaid no application for writ Of
mandamus, to restrain Sheriff Dixie from
acting had been made to him.
It was announced by Guden's friends
that the legal fight in his behalf would
be begun this morning. Guden, accord
ing TO the programme laid out, is to ap-
point a new staff this morning and then
make a demand on Sheriff Dixie to vacate
the equity room and surrender control
OF the Jail.
Col. Dixie sailed from his office at i84
Montague street about 0 o'clock and went
to the District Attorneys Office in the Court
House, where he filed his b b)nd Of $50 600.
He then went 20 the County Court and took
the oath of Office before Judge Crane. He
filed his commission and oath in the
County Clerks Office and was then sworn
in once moro by Deputy County Clerk
Henry Weissman. ..
The new Sheriff, accompanied by William
W. Wingate, whom he had slated for his
Under Sheriff and few friends, In ad-
went TO the jail Sheriff Dixie rang the
bell and knocked on the little wicket
Wilson drew the shutter back and in re-
sponse TO Sheriff Dikes declaration, Il
am the Sheriff of Kings county and / want
TO come in replied, opening the door;
Come in. Mr.. Sheriff,
Sheriff Dixie then took formal possession
Of the iail and gave orders that Warden
Roache, who was in Manhattan. should
be summoned as quickly as possible.
Sheriff Dixie awaited the warden's return.
II was nearly II o'clock when Roache ar
rights While Sheriff Dixie was at tho
jail he had a talk over the telephone with
GUden Sheriff Dixie told Gudcn that
he was making n serious mistake In an
tagoni2ing the Governor Of the state. The
Sheriff called up the Magistrates and re-
ceived the assurance Of each that he would
be recognized as Sheriff
At / O'Clock Sheriff Dixie appeared in
the SheriHs Office and marched into the
room occupied by Guden,, who was sur
rounded by his clerks and deputies.
"Mr Guden," he said, Il have been ap-
pointed Sheriff Of Kings county by his
EXCelenCy, the Governor, and have taken
the oath Of Office. / have come 20 make
a demand upon you for the surrender OF
this Office, with all the books and papers
pertaining to the Office.
Guden replied: Upon the advice Of my
counsel, | refuse 10 surrender the Office
or it's books and papers;
Il demand. said Sheriff Dixie, that you
open the gate TO this Office and l notify
YOU that II you refuse | shall Immediately
open the Sheriff's Office in the adjoining
room
Il refuse" was Gudcn's response.
is MIR Sanford here? II so, let him
step forward" was Sheriff Dike's next
remark.
Here am said Under Sheriff Sand
Mir. Sandford.- said Sheriff Dixie. I
now give you notice that you have the
privilege to tender your resignation TO
me-"
Sanford refused 70 resign.
"Then. |, hero and now, said Sheriff
Dixie, remove you from Office and appoint
William W. wingate then stepped for
ward and was appointed and sworn in 10y
Sheriff Dixie.
Il now announce" said Sheriff Dixie,
that the Sherif's Office is established in
the room adjoining this, and followed by
the crowd he filed into the Equity room.
sheriff Dixie then summoned the clerks
and Deputy Sherihs 20 the room and told
them Of his intention 10 .reappolnt all
those who would recognize his authority.
,..fI Ian ffaN
they accepted the situation. McAvoy's
Meditation lasted only minute or so and
he was sworn in with the rest. Sheriff
Dixie said:
s,-I appoint each OF you, and | want to
state that any changes that i may make
10 n sP -o1tt'hnr made only after careful
consideration and with the full approval
and consent of the Governor. There Will
probably be no change for some time,
and may be none at all / feel that am
acting as the deputy Of the Governor in
this matter, and his wishes in the adminis-
tration Of tho affairs of this office shall be
consulted and abided by"
Sheriff Dixie then seated himself at the
along as usual He said he didn't intend
to apply for writ if the books were not
delivered UP. II there were any writs
applied for he said il would be by the other
Here I have been appointed Sheriff Of
crnor Of the State" continued Col. Dixie,
"and il is impossible 10 see how my author
ity as Sheriff can be disputed by the man
who has been removed ON charges such
as caused Gudcn's removal.
This II one of the biggest things that
ever happened in this State, not because OF
this one case, but because of what 1t will
lead TO. 1t opens up the question OF the
Governors power
Mr.. Wingdtc, the new Under Sheriff,
came from Maine eight years ago and has
since been practising law in Manhattan.
He lives in Columbia Heights.
Gudcn said that while still holding out
himself under advice of counsel, he had
advised his subordinatcs TO accept office
under Col. Dixie. as he did not want 10 sec
them lose their places in the event Of the
courts deciding in Col Dikc's favor.
Sheriff Dixie intimatcd that there might
have been some serious trouble If there had
been any opposition TO his taking possession
AZ the Jail He admitted that he had been
in close touch with high officer in the
National Guard during the morning.
Col. Horace {. DuVal, while attending
a meeting Of the directors Of the Mechanics
Bank Yesterday got of this poetic squib in
the ShricValty episode.
a yolur mar, made Sheriff by Nike,