The evening world., 1911-02-23

were merely received because the
were so interviewer WIKI other evidence
that they could not well lie excluded.
They had no bearing. ho said. upon tho
charge, arsi added:
There ~ no evidence here tho,
Gny such dinner was ever held Or
nat Mr.. james Gtnney had aay
hand In collecting or distributing
my money"
It was noticed tha no men;!on o.
Hyde's name was made.
Gardner on the Grill.
Mr.. Mott started his cross-examlna-
.ion OF ex-senator Gardner at the
morning SESSION without loss Of
line. lie led off by hGk!ng Gardner
now long he had known some u the
men who figured directly or Indirectly
IN the alleged conspiracy ~ prtur Zoe
her ami S,rers o. NHle AGAINST the tIu.t-
Asnc~ snti-raeins bills Va THE GENERA,
Assembly ~ isJS ritn Mr Mott wsn.rd
to know u Gsrdurr was regularly rrgs
tered as a prLStlslHs attorney at Al.
bany. The defendant Thought lie was
10 Offset this the prosecutor submitted
IN AFFIDAVIT mhde by Gardusg at ,'o
lime ~ his arrest last fail. IN whicn
5srdner appeared on record rs .hyIns
lie had No license from the c.-ik ~ the
Court 81 Appeals. II Is = misi-mesnJr
tor an attorney 10 tail ~ register prop.
sriy.
Continuing. Nj Nott brought out thai
~ was employ Ell by william In.
senian. president Of the Brighton BeaeA
TRACKS,. to 80 to Albany 10 rght the pas.
sage " The measures aimed A. rass bet
ting and o~oJkmak!ns
His WORK for Race Tracks.
y. When did you get into "a. race
track nght' A. In January. lyJs. MIR
knx einan sen, for lite and | saw him at
MS ONCE IN New York. He asked ma
" | evuld 80 up 10 Albany and use wha.
'nruence | might have with my PEI
friends 10 beat tile bill and also 10 sir
ny Sentiment IN opposition and promote
publicity. ! told aim It looked iikc a
h~rd hsht and would take time. lie
wanted 10 know what | would chars..
I told him / wanted S.GU as "A Zee and
el.oO. " IS much more as Nigh, he
needed. for my expenses. lie reviewed
tho former history OF the
ssainst racing. t-lllls lie how August
BELINDA; had obtained the promise of
Rev DIR. Slicer and the reform rl,-
nsi, . year before to keep hands on
II the racing association and Jockey club
would refuse te!-graphic facilities 10 the
pol roonis. But now. lie said. the pool
room Interests and the reformers. tie.
"a filess OF the earlier Piled ( -s. had coni-
biaed 10 put the race tracks out OF
business altogether. and Mr.. Engeman
added that According 10 his underatand-
Ing they We're going 10 Use money iio-
orally to accomplish ;nelr purpose.
, q. Did you discuss The matter with
Senator Mccarren a. that time! A. Not
thaS I recall.
Creating Public Sentiment.
q. How were you 10 create sentiment
at Albany. A. BY conversatlon. by ar
gunient ana By sssocia ton with mem
bers OF the Legislature and with news
paper men.
.. Did you register ~ the capitol in
accordance with the lobbying law. CIV
ing the name OF tho interests which you
we're representing? a. / did not.
didn'i know there was such a law.
=. Weren't you a State senator IN
1906 when this Law was enacted? A.
was . Senator In 1906. but 1 repeat
that l didn't know anything abou, the
ace
Q. How man. members did you call IN
on the telephone during your trips to
Albanyf A. ! can't aay-a good many
probably. I also saw many members at
my rooms and elsewhere.
.. DID you ever call W Senator TRAY.
is' A. I did not.
The witness said he might have con
ferred with McCarren during the earl,
stages OF the night. but denied tina ne
ever had any conversations on IN.
subject with Foelker.
Q. DID you ever have any trouble vita
Robert II. Elder. Assistant Distrlct-A:-
torney of kinss County, A No.
Contradict. Elder.
The witness repeated all his earlier |
denials OF the admissions attributed TO
him BY Elder In Elders version of Gard |
ner's alleged confession. He insisted
that II was Elder and not he who de-
scr'oed the alleged raising OF the half
niliion-dollar corruption iund a, 1 din
rer IN Delmonico's; that II was Elder
who told Of the alleged br!bing Of Foel-
ker. that It was Elder who dragged In
the names OF Hyde. McCarren. keene,
Whitney ANA the others. lie also denied
Foeiker's story Of the ofer OF a bride
and the story told by Hall. the Penn
sylvania witness.
After asking a p%erfunctory question
or two OF his client. Mr.. steuor an
nounced that the defense would rest.
As his hTst witness In rcluttal, Mr.. !
Mott called Robert H.. Elder again.
Elder said he never told Glrdrcr that
ne ELDER was after either an appoint
nent or an election 10 the supreme
Court. In the event VI a subsequent
vacancy
Q. Were you a candidate for a place
9n the bench to succeed Judge cay
aorT' asked Steuer. A. ] never was.
Q. Do you deny that YOU went to
Justice Carr and asked ta- his .nIors,-
Tient 70 al that 81 A.. | 40
leny II.
Q. And you never ASKED any one 90
1elp you get that position? \. | never
lid-