New-York tribune., 1911-02-23
END GARDNER CASE TODAY
Opposing Counsel Must Sum Up
This Afternoon, Court Says.
SPECULATING ON VERDICT
Those Who Followed Trial Say
Issue Is One of Veracity
Between Two Men.

justice Seabury, before whom former
State Senator Frank ]. Gardner Is on trial
in the Criminal Branch Of the Supreme
Court. charged with attempting to bribe
Congressman Otto c. Foelker to vote
against the anti-racetrack gambling bill Al
Albany In 1905. notified counsel yesterday
that he intended to have the case in the
hands Of the jury at the close OF court to-
day. 1t was arranged that the remaining
witnesses would be examined at this morn
ing's session and that opposing counsel
should divide the time between . and
p IN. in summing up.
There was much speculation TO what
the verdict might be among those who had
followed the evidence closely. Though there
has been much collateral evidence intro
duced by both sides. the real issue, the
question Of the alleged $1,000 bribe. which
Foelker testified Gardner offered him on
train coming from Albany. appeared to
have resolved itself practically into a ques-
ton Of veracity between the Congressman
and the defendant
A lawyer who was not interested one
way or the other. but who followed the
testimony carefully, said yesterday that he
would be greatly surprised il the jury CON
victed the defendant on the evidence pre-
sented.
II look for disagreement. or possibly
an acquittal," ne said.
Charles G. Mott. Assistant District Attor-
ney, who is prosecuting the case, will take
the stand himself to-day for the purpose
Of refutng the testimony Of Mrs. q. W.
Hall. Of Scranton, Penn. who appeared as
witness for the defence Tuesday and
fatty contrsdicted the testimony of her
husband that Gardner. in her presence, had
told him the story of the alleged sJ0,Wo
Doodle fund raised by prominent racetrack
men at a Delmonco dinner. Hall had testi-
fed also that Gardner told him at the same
time at the Hall home in Wilkes Barre
last September he had offered bribe to
Foelker on train coming from Albany
Mrs. Hall admitted she was in the same
room with her husband and Gardner when
the alleged conversation was supposed to
have taken place, but denied that she heard
them talking at all about racetrack legisla-
tion.
District Attorney Whitman will examine
Mr.. Mott The witness will swear to a con-
versation he had with Mrs. Hall concerning
the statements of Gardner 10 her husband
see Hall. He VII also tell about the effort
made by the District Attorneys office TO
get her as a witness 10 repeat the conver-
sation she had with Mr.. Mott. The defence
succeeded at the last moment in getting
Mrs. Hail for its own witness. DURING
her examination Tuesday Mr.. Mott branded
her testimony perjury.
On crosS-eXaniination the District Attor-
ney got Mrs. Hall to admit that Mr.. MOTT
had taken notes while he was talking 10
her and her husband in Wllkes-Barre. Inc
notes were afterWard offered IN evidence
and read 10 the jury. 1t appeared MT
Mott had noted that she said she had heard
most OF the conversation between Gardner
and her husband and could substantially
corroborate Halls testimony.
Mr. Mott said yesterday that he would
recall Robert H. Elder. Assistant District
Attorney Of Kings County, to-day TO tes-
tify in rebuttal. Elder retold on the VII
ness stand Monday the story of the SOO'Vp
corruption fund and how Gardner had told
him that he, Gardner. and City Chamoer-
lain Hyde had gone to Albany to dlsourse
a part of it among legislators. Elder VIII
now be questioned in regard TO certain de-
tails of Gardners testimony Tuesday, When
me denied Elders testimony In toto, except
10 admit that lie did talk to Elder at the
time mentioned about racetrack leglslation'
adding that as nc knew nothing about the
situation he had told him nothing. CARD
ncr testified that Elder told him he couln
get an appointment TO the Supreme court
bench il he could get evidence which would
prompt Governor Hughes to investigate the
anti-racetrack legislation. Elder VIII ne
asked about this alleged statement to Gard
ner.
Max d. Steuer, counsel for the defence
finished with Gardner Tuesday. and MI
Mott will cross-examine the defendant to-
day. Mr. Steuer said yesterday that the
defence had practically completed It's case
He might call two or three more character
witnesses to-day, he said.