New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-10-17
Ready to Meet Charges, He Says,
but Will Not Testify al
Graft Hearings.
DENIES CONFESSION REPORT
Says He Made No Statement on
Corruption Fund to Elder
Hearing on Extradition
To-day.
IBy Telegraph to The Tribune. J


der himself in New York before
Wednesday former State Senator Frank
J. Gardner. of Brooklyn, will furnish
bail in that city tomorrow on the
charge of attempted bribery for which
he is under indictment. He will be ac-
companied by his counsel, Charles P.
O'Malley, OF this city.
Asked to-day concerning his alleged
confession to Assistant District Attor-
ney Robert H. Elder, of Brooklyn. that
he handled a large portion of a 100000
corruption fund when the anti-racetrack
gambling legislation was pending.
Gardner vigorously denied that he ever
impaired any such information to Elder
When an interview purporting to be
with Elder was shown to him Gardner
said:
Il repudiate II absolutely. ] never
made any such statement To Elder
Gardeners promise to appear in New
York and enter bail on the bribery
charge is by no means an agreement
that he will testify for the legislative
graft hunting committee now at work
in New York on the contrary, he de-
clares that he will give no testimony.
Il have agreed TO go TO New York and
surrender myself and am ready to de-
fend myself on criminal charges" said
Gardner tonight. but even if sub
ponaed I will not testify before the
graft committee. ] shall refuse to an
swer any question because any evidence
that [ might give would jeopardize my
rights as a defendant
Much to the surprise of District At
torney Whitman, he received notice
yesterday that Governor Stuart Of
Pennsylvania would hold hearing this
afternoon in Harrisburg on the extradi-
ton papers signed by Governor White.
The District Attorney talked over the
long distance telephone with Governor
Stuart, and representative of his Of
fee will be present at the hearing.
Governor Stuart's hesitation at grant
ing the extradition requested by Gov
ernor White is considered unusual. and
the authorities here are mystifed. not
knowing whether the Harrisburg hear
ing viii prove a mere Formally or a real
reiterates He will come back" mean
ing Gardner.
Gardner is under $4,000 bail To an
pear ia court in Scranton on Thursday.
being entitled TO a hearing to determine
the identity of the man sought in the
extradition warrant. His application for
q writ Of habeas corpus viii come up
then. In the mean time he is being close
ly watched by Detective Thomas of the
New York Police Department. who car
ried the eXtradition papers from Gov
ernor White to Governor Stuart. and by
two private detectives employed by the
legislative committee investigating graft
While the District Attorney is in per
feet accord with this committee and will
ing to give at all the help he conscien-
tiously can in disclosing the legislative
corruption in the state he made it plain
that his prosecution OF Gardner and the
attempt Of the committee to get the lat
ter 10 testify before 1t were tOally dis
tinct operations. and he could and would
enter into no bargain with regard to
immunity for testifying before the COM
mittee.
1t is said that besides the corrobora-
tive evidence Of CTardner's attempt to
bride Congressman Otto FOel1er to vote
against the anti-raCetracll legislation,
given by Assistant District Attorney
Elder of Kings County before the grand
jury, Mr.. Whitman viii be able to pre-
sent Al the trial the corroborative evil
dence Of two other witnesses, who will
come from Albany to testify.
Though Congressman Foelker said no
one had ever bribed him at any time to
vote one way or another as a legislator,
Gardner's words used in his cOnversa-
ton with Mr.. Elder it is now under
stood. were: "FOelker got $4,000"
The whole story Of the attempted brib-
cry Of Foelller, as Gardner told it to Mr..
Elder. begins with the account of a GER
tain meeting at Delmonico's attended, as
Gardner said. by several well known
racetrack men. At this meeting, accord
ing to the conversation, subscriptions TO
a fund to defeat the threatened anti
racetrack legislation at Albany were
made in writing. ard Gardner was hired
by the man who handled the money to
diSburSe IL