New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-04-05
GATNOR REBUKES DIKE.|
TELLS HIM HE WILL vACATE STAY II
HE INTERPRETERS WITH GUDEN.

The incident of last Monday night when
Charles Guden, of the sheriffs of Kings
County. toek prisoner TO the Raymond Street
Jail, who later released by the deputy
warden, bore fruit yesterday in the BROOKLYN
Supreme Court. when Justice Gaynor admins
tered severe rebuke to Colonel Norman s.
Dixie and made the latter feel that he had abb
soIutsiy no rights whatever as Sheriff of Kings
County under the commission of Governor Odel
which he holds.
Justice Gaynor declared that if any further
effort was made to keep Guden from free AZ
to the Jail from committing prisoners
there he should Immediately yacate the stay
and permit the execution of his order commits
ting Colonel Dixie to Jail unless he delivers ever
the books and papers of the Sheriff's office to
Mr. Guden.
The court proceedings which were taken yes
terday by Jerry A Weinberg, counsel for Mr.
Guden, in applying for vacation of the stay
the ground that the privileges granted by it
had been abused by Celoael Dixie revealed the
nature of the trouble which Mr.. Dixie has been
expecting from that quarter ever since Deputy
Warden Wilson released Guden's prisoner on
Monday night. Colonel Dixie is firmly of the
impression that Gudens action in taking the
prisoner to the Jail was put UP job" for the
purpose of embarrassing him. Joseph a Burr,
counsel for Mr.. Dixie. tried to show this to JUS
tiee Gaynor yesterday. but his remarks seemed
to carry little weight Mr.. Burr said that the
aPpliea ton for vacation of the stay was in he
nature of attempt by threat to compel
Colonel Dixie to surrender his office or the jail
or both
This whole proceeding" said Mr. Burr, was
caused by Ciuden and his advisers to produce
additional excitement and aggravate a situa-
ton already bad enough"
Colonel Dixie in affidavit presented by Mr..
Burr, said that after he had been informed of
the release of the prisoner by telephone he had
ordered Deputy Warden Wilson to send out all
his available keepers to look for the man. One
of the keepers found Guden and Of his
friends a nearby corner. watching the jail,
and they laughed at his discontinue when ne in
quired about the prisoner Mr.. Burr said he had
affidavit from John r. Benner. jr.. lawyer.
who was the prisoner in question. which tended
to show that Guden did not act in good faith ia
making the arrest
Mr.. Weinberg in replying to Mr.. Burr, said:
If this military gentleman. Colonel Dixie
desires to hide behind the skirts of his deputies,
then l suppose he cannot be held responsible
IL he gave proper instructions and they We're
disobeyed, then he should reprimand or remove
his warden He has done neither"
Justice Gaynor said:
Il can only say that / am sorry and astonishsd
that such thing should happen. The court de-
cided that Mr. Dixie not Sheriff. and had
no right to act such or to interfere with the
office. / may say that it is the opinion of all
of the judges here that the decision of this
court has been disrespectfully treated by Mr.
Dixie. / will not vaCate the stay now, but IL
Sheriff Guden is fnterfered with and prevented
from going in and out of the Jail to lodge prison.
ers there, or from going in or out at any time,
the business Of his office shall demand,
shall vacate the stay forthwith. cannot have
the dignity of this court insulted."
In a memorandum which Justice Gaynor
handed down later. he used more sharp Ian
guage, saying:
1T is to be regretted that he (Dke) deems il
sAemly and permissible to demean himself in a
manner apparently regardless and defiant Of
order and authority. thereby setting a bad ex-
ample and giving much annoyance to the judges
of our court here