New-York tribune., 1911-02-16
GARDNER WILL TELL ALL
Hasn't Anything to Conceal, Says
Counsel for Ex-senator.
HYDE WILLING TO TESTIFY
City Chamberlain Said to Stand
Ready as Witness in Bribery
Trial-Not Subpenaed.

With the jury completed yesterday the
prosecution will open it's case to-day
AGAINST former State Senator Frank j.
Gardner. who is on trial before Justice
seshury. in the Criminal Branch OF the
Supreme Court. charged with attempting
10 bribe Congressman Otto G. Foelser not
10 vote for the Hart-Agnew racing bills
when both men were in the state Legs
Iaaure, I'm 1905. The case promises some
sensational developments in relation 10 the
alleged sSooOo fund said to have heen
raised by the racetrack interests TO defeat
former Governor Hughes's anu-gamnilne
rscetrack legislation.
The defendants counsel. Max n Steuer'
said Yesterday that he intended TO call
Gardner as a witness in his own oehah
snd that the defendant would tell all ne
knew about racetrack legislation at AL
barry in 1905 Mr.. Steuer said that his ch-
ent had nothing TO conceal and that he was
prepared TO prove his innocence or the
bribery charge beyond doubt. Henry D.
Goldsmith is associated with Mr. steuer as
counsel for the defence.
II Is likely that City Chamberlain Charles
II HYDE. whom the legislative invesh-
eating committee sought in vain. Will be
Witness for the defence. Gardners counsel
ssid Yesterday that Mr. Hyde had eN-
pressed n Willingness to testify Tor the
former state Senator should the occasion
arise when his testimony would he deemed
material The City chamberlain has not
yet been subprnaed by either side. Charles
q. Mott. the Assistant District Attorney
Who is conducting the prosecution, sald
last night that the District Attorney had
not subppnaed Hyde and he did not IN
tend to call him n witness for the peo-
pie The prosecution would welcome an
opportunity to cross Mr.. HYDE In
regard 10 the alleged racetrack fund. 1t
was said Mr.. Mott would have the oppor-
tunitv if Hyde was called as a witness for
. tire defence.
Defence to Attack Foelker.
Ciardner's counsel intimated Yesterday
that they were preparing severe ordeal
for Congressman Foeker, the principal
witness for the people. 1t was said that
they would attack his credibility on cross
examination by an inquiry into the circum-
stances of his admission to the bar. Richard
Barber. clerk of the Court of Appeals at
Albany: Frank y. Danaher. secretary of
the state bar examiners; Harlem Horner
and Harry ID. De Groot, Of the State Edu-
cational Department. il is understood. have
been subponaed to testify regarding the
admission of Congressman Foelker to the
bar. De Groot prepared the case against
Max Sosinsky. who is now serving a term
in the penitentiary for impersonatins others
in taking the Regents examinations. The
defence has obtained a writ Of habeas cor
pus for the production Of Sosinsky in court
as a material witness.
CONGRESSMAN FOelker said yesterday that
any charge of irregularity in connection
with his bar examinations which might be
made against him would be entirely false.
He said he took the examination himself
and passed II with all regularity.
Gardners wife. a former show girl. has
been a constant attendant at the trial dur
ing the TWO days ii took 10 get the jury.
She was frequently consulted yesterday by
her husbands counsel for her opinion OF
the talesmen under examination for the
jury Several talesmen appeared to be sat
isfactory TO both sides and about 10 be
accepted. Whm. after a consultation with
Mrs. Gardner. they were excused by the
defence.
jury Selected TO Try Case.
six Jurors Were selected on Tuesday and
six YESTERDAY The twelfth juror was ac-
cepted shortly before the regular closing
time for court yesterday. and Mr.. Mott
asked for an adjournment until to-day,
which Justice Seabury granted. The mem
1ers of the jury are
Daniel W. Mccain, salesman, No. 12o
East s2d street.
Alfred Berklcy. real estate, No. 81 Union
Square.
Robert A Van Dyke. clerk, No. 14s West
1Soth street.
Charles 8. Kinney. manufacturer. No. 1876
Ess. $50 street
John J. Hanlon, clerk, No. es2 West 14ath
street
William Lee Owen, real estate, No. a36
west 18TH street.
Charles q. Hovey, produce dealer, No 1877
East d6th street.
James 2. Markham. real estate, No. 12f
Park Row.
Henry w. Rolles. Ieweler, No. So Maiden
Lane
Charles c. sostwick. insurance agent
No. 716 West 115th street.
Robert r. Burns. bank clerk, No IS West
f31st street.
Alberto r. Davis, real estate. No. f2o
West f27th street.
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