New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-10-15
Held in $4,000 Bail in Scran-
ton, Where Bruce and Whit
man Try to Keep Him.
CONGRESSMAN THE WITNESS
Says Later That Offer of S1O,-
600 Cash Bride Was Made
to Him to Vote Against
Agnew-Hart Bills.

BROOKLYN former state Senator and an
acknowledged lobby agent at Albany in
the days Of the anti-racetrack gambling
legislation. in 1908. the scores OF rumors
and stories OF bribery of legislators in
that connection appeared to be in the
way os being investigated officially for
the first time since they became current.
Congressman Otto q. Foelker. who ac-
knowledges that he was approached by
Gardner with a bride offer. and Robert
H Elder, Assistant District Attorney Of
Kings County who is said TO have heard
the story of the profered bride from
Gardner himself. were the two principal
witnesses before the grand jury of this
county yesterday, and it was on their
testimony that the Indictment Of Gard
ner was found
Mr.. Foelker said yesterday that he
welcomed an investigation. The Con-
gresham, who was a state Senator in
1908. when he rose from his sick bed to
cast the vote that passed the anti gam
bling bills. said that there had been stOr-
les floating around both in Albany and
New York relative to his connection with
the attempted bribery, and the indictment
Of Gardner. with his subsequent trial.
offered the best and, indeed. the only
means, of laying bare all the facts in
the case and putting them on record
The COngressmans story, it is under
stood. is that Gardner approached him
On a railway train bound from Albany
to New York just before the special ses-
i-Io in of
fered him $4,000 TO vote against the
Agnew- Hart bills. Ten thousand dollars
in cash. it is said. was proffered TO Foel-
ker at that time. and the balance Of
$4,000 was TO be paid over to him after
the vote on the bills Further, ii is IN
derstood that Foelker quoted Gardner
as saying. I have seen other legisla-
tors. and YOU might as well get yours.
Concerning this meeting in the train
three separate stories were being repeat
I'd Yesterday. stories which originated at
the time the gambling bills were passed
when FoeIker although dangerously III
with appendicitis. was carried into the
Senate chamber on a stretcher and cast
his vote for the anti gambling bills
The three stories-one that Foelker
had absolutely refused the proffered
$4,000: the second that he had taken
the $4,000, but returned it the next
dav. and the third. that he has accepted
the $4,000 and voted for the bills and
against the interests which were sup
posedlv handing out the money-were
put UP 70 Congressman Foelker yester-
DAY. with the explanation that they were
the substance of all the various rumors
about the affair.
Mr.. Foelker answered that the first
story was true; the others false.
y will say this" said Congressman
Foelker; at no time and at no place
during my four years at Albany did
any one ever give me cent TO influence
any legislation whatever.
Meanwhile, in the Offices Of the legis-
lative investigating committee and in
the District Attorneys Office messages
were being prepared and sent out TO
Governor White, in Albany; Governor
Stuart, in Harrisburg, Penn, and 10
District Attorney Whitman, who left
New York at o'clock yesterday morn
ing for Scranton. Penn where Gardner
had been arrested.
FoeIker didn't appear on the scene IN
til about 1870 o'clock yesterday. and
with the grand jury about to end its
session at l O'Clock. Governor White
leaving Albany for Syracuse to register
at the same hour and Governor Stuarts
message that he would not be in the
Pennsylvania Capitol this morning, the
District Attorneys force was afraid that
il would so miss connections all around
that Gardner might escape.
Mr. Whitman sent over word in the
morning that unless an Indictment was
found Immediately there was grave
danger that he would be unable to have
Gardner held in Scranton.
Just before the grand jury was ready
TO adjourn for the day. however, Foelkcr
arrived. and when it adjourned the in
dictment Of Gardner was an accom-
pIished fact Word Of it was sent i'm
mediately TO Mr. Whitman and to Gov
errors White and Stuart. Detective
Flood of the District Attorneys office,
started for Syracuse, with a certified
copy Of the indictment, to get the extra
dition papers from Governor White. and
Detective Thomas, of the same staff.
went to Scranton, with a bench warrant
Governor Stuart TO Help.
Ex-Judga NJ. Linn Bruce. counsel for
the legislative committee. arranged for
8 meeting between Governor Stuart at
Harrisburg. and Detective Thomas this
morning. as soon as the officer could
reach the PENNSYLVANIA capital with the
order from Governor White.
Further advices from Mr.. Whitman
said that Gardner had been held in bail
If $1,000 for twenty-four hours. await
ing reauisition papers. but with matters
IN that condition there was still danger
that Gardner. getting the bail, would
leave the state.
He was released last night on a bond
furnished by the Title Guarantee and
security Company. of Scranton. The
nistrict Attorney Of New York. appear
ir0 before the Lackawanna County
curt IN Scranton. IN opposition to Gard
ner,s anpIication for release on writ
of babeas corpus. urged Judge Newcomb
n consider that the detention OF the
prisoner was Of tremendous Importance
10 the people OF New York
.,-,. -. ., ta said has disposed Of