New-York tribune., 1911-02-18
ELDER AGAIN TELLS Of
ALLEGED BR|BE FUND
Assistant District Attorney ON
the Stand at Trial of
Ex-senator Gardner.
GRILLING OF F0ELKER ENDS
Two Witnesses Testify as to
Second Offer of $4,000 by
Gardner for Foelker's
Racetrack Vote.

The prosecution at the trial OF Frank
J. Gardner. former State Senator.
charged with attempting to bribe Con-
gressman Otto G. Foelker to vote against
the anti-racetrack gambling bill when
both men were in the Legislature in
1905, produced witnesses yesterday
who testified to a second alleged at
tempt Of the defendant. through his
emissaries. to bribe Foelker with an Of
fer OF $4,000 for his vote against the
same bill. One OF the alleged emissaries
declared this money was never actually
offered TO Foelker because of the failure
OF the men acting for Gardner to reach
him and make the proposition as Gard
ner had instructed them to do. Similar
testimony was given before the recent
legislative investigating committee.
Justice Seabury adjourned the trial
Yesterday an hour before the regular
closing time of court at the request Of
Mr.. Mott. Assistant District Attorney.
who had exhausted his available Wit
nesses. George l.. Tirrell, secretary to
Controller Prendergast. was the next
witness he desired to call, Mr.. Mott said
and Mr. Tirrell was unable 10 come to
court on account of business engage
ments yesterday. The trial will be re.
sumed on Monday.
Congressman Foelker was again under
an uncomfortable fire of questions on
cross-examination by Max d. Steuer.
Gardner's counsel, for the greater part
appeared greatly relieved when the de-
fendant's counsel finally finished with
Lin. Then Mr.. Mott, on redirect exam
| ination. allowed him TO explain some Of
the differences which opposing counsel
had created. Foelker was on the wit
| ness stand for four hours on Thursday.
Elder Repeats His Story.
Robert H Elder. Assistant District
Attorney Of Kings County. was a wit
ness for the people yesterday afternoon
and repeated the story which he told
before the legislative investigating COM
| n;ittee of a conversation with Gardner
| in which the latter told him about the
raising of a S50OOOO fund to be dis
tributed among legislators for their votes
against the Hughes racetrack bill.
Tho defendant sat directly in front
of the witness and watched him closely
| as he was giving every minute detail OF
the alleged conversation. He smiled
now and then as Mr.. Elder made some
| forceful point. Mr.. Steuer did not sue
ceed in materially shaking the wit
ness's testimony on cross-examination.
The story of the alaged $4,000 offer
by the defendant was told by two wit
detective, and Floyd j. Adams, q clerk
in the Gates avenue police court. Brook
| lyn. Both men testified that they had
been friends Of Gardner for several
years. Maxwell said he first met Gard.
ner twelve years ago. when he was a
clerk in the Coney Island police court
ard the witness was house detective at
| the Brighton Beach Hotel. Maxwell
said that in May, 1903, while the race.
track legislation was pending al Albany
| he received letter from Gardner ask
| ing him 10 come to his office IN New
| York and see him. He went and talked
with Gardner alone, the witness said.
What was the conversation you had?"
Mr.. Mott asked.