New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-10-14
EX-SENATOR GARDNER
ARRESTED IN SCRANTON
CHARGED with Attempt to Bride
Foelker to Vote Against
Anti-RaCing Bill.
SAY He HAD s325,00O FUND
Left City Following Subpoena to
Appear Before Bruce Com
rittee-Whitman on
the Case.

ner. of Brooklyn. was arrested last night
in Scranton. Penn. and held by the
police of that city on a felony charge at
the direction Of District Attorney Whit
man. of this city Gardner is alleged to
have attempted 10 bTibe Congressman
Otto G Foelker al the time the lat
ter was a member Of the state Senate to
vote against the Hughes anti-racetrack
gambling bills NJ Linn Bruce and Isl
dor Kresel. counsel for the legislative
graft investigation committee. are now
in Scranton.
District Attorney Whitman left the city
on the midnight train for Scranton TO be
present when Gardner IS arraigned in
police court there to-day. The grand jury
of New York County viii be asked to-
day to indict Gardner on a charge Of
attempted bribery. The chief witnesses,
II is understood. viii be Assistant Dis
trict Attorney Robert Elder of Kings
County and Congressman Foe,ker.
The crime is alleged to have been COM
1nitted shortly before the special session
Of the legislature in 1898 at which the
anti-racing bill was passed. At that
time Foelker was carried into the Sen
ate chamber on a stretcher. having been
convalescent from an operation for ap-
pendicitis His vote saved the bill from
defeat. and his constituents sent him to
Congress at the next election for his
heroic act
Was Wanted as Witness.
Gardner left New York a short time
ago when he was subpenaed to appear
before the legislative graft hunting COM
rnittee. Ex-Justice NJ Linn Bruce and
Isidor Kresel. counsel to the committee.
had a conference with District Attorney
Whitman yesterday afternoon and then
left the city on the 3 o'clock train for
Scranton.
They intended TO try TO persuade Gard
ner to return to New York. information
having come from trustworthy sources
that he had purchased transportation for
Montreal and intended to leave there for
the Canadian city by way of Syracuse
II was hoped that he would come back
and that he might he induced to testify
before the graft hunting committee re-
garding a fund Of S325.00O which the
committee had reason TO believe was
raised and handled by Gardner TO de-
feat the anti-racing legislation.
Chief of Police Iona B. Day, Of Scran-
ton. received word Of the intended ar
rival Of Judge Bruce and Mr.. Kresel.
with the request 10 arrest Gardner II
he left the hotel where he was staying
with his wife The information regard
ing Gardner's whereabouts and his in
tended movements came through detec-
tives Of a private agency employed by
The legislative graft hunting committee
Who have been tracking Gardner since
he left New York.
Arrested Leaving His Hotel.
The train for Canada was due to leave
Scranton in the reighorhood of 9 o'clock
last night. Shortly before that hour
Gardner stepped out Of the hotel, and.
pursuant to instructions. the Scranton
police placed him under arrest
When informed Of the charge against
him and asked If he would return 10
New York without extradition, Gardner
is quoted as replying;
I'll he damned if I will"
He consulted with local attorney
and was locked up overnight Fearful
that they might not be able to cope with
the situation. Judge Bruce communicated
over the long distance telephone with
District Attorney Whitman. The latter
Immediately got in touch with Assista Mt
District Attorney Moss and gave instruc-
tions. it is understood. for the presenta-
ton Of the case to the grand jury to-day.
Mr.. Moss will communicate with Mr.,
Whitman as soon as the District At
torney takes action. In the mean time
every effort will be made by the latter
20 prevent Gardner's release on bail
Whitrsn or the Case.
When District Attorney Whitman was
seen last night he at first refused to say
anything about the case. When told
that dispatches had been received from
Scranton telling Of Gardeners arrest and
of the contemplated grand jury action
Mr. Whitman said;
Il have heard from Judge Bruce that
Gardner has been arrested, and am go
ing to Scranton tonight on the mid
night train. so that l may appear at the
police court hearing in the morning
Asked to state how the matter had
come before him for action, District At
torney Whitman replied:
It is a matter that viii he before the
grand Jury Tomorrow. I cannot saw
ANYTHING more until that body has dis
posed of it
The crime with which Gardner is
charged is alleged 10 have occurred on
a train between Albany and New York,
presumably one of the Thursday night
trains upon which members Of the
Legislature from this part Of the state
come down to their homes for the week
ends during the session.
II is charged that he approached
FoeIlser and offered 10 pay him So. 900
~ he would vote against the anti-race-
track bill
Gardner is alleged 10 have made the
statement 10 Assistant District Attor-
rev Elder. OF Kings County. that he had
made such an offer TO Foelker. Mr.
E-1dar communicated Immediately with
counsel for the graft hunting committee.
and as soon as the matter was brought
70 the attention Of District Attorney
u,hi,r,ar he had a conference with Mr..
Elder.
II ts understood that Mr.. Elder cor
-ohora+ed the report regarding Gard