New-York tribune., 1911-02-22
nenies knowledge Of DeImoniCo
Dinner - Prosecution Lets
Him Give Evidence.
GARDNER TURNS ON ELDER
swears the Brooklyn Prosecutor
Asked for Facts That Would
Win Him a Judgeship from
Governor Hughes.

r,ittee vainly sought as q witness, had
an opportunity yesterday publicly to
deny his alleged connection with the
District Attorney Elder of Kings County
testified before the legislative commit
Zee he had been told was raised by we'll
known racing men at a dinner at Del
monico's. at which Hyde was said to he
present. 10 defeat the Hart-Agnew bill
At Albany in 1905. The City Chamber
lain was witness Yesterday for tho de-
fence at the trial Of former state Sena-
for Frank !. Gardner. who is charged
with attempting to bribe Congressman
otto G. Foelker then state Senator, in
connection with the same legislation.
Mr.. Elder repeated the Doodle fund story
on the witness stand on Monday.
Mr.. HYDE was i'm court early, and had
10 wait some time. pending the examina-
ZION Of one or two other witnesses for
the defence before he was called to
the witness stand. He assumed com
Portable position in the chair and bland
~ denied question after question by Max
u Steuer. tho defendants counsel. who
read Elders story Of the big fund in
snort phrases to the witness.
city Chamberlain Hyde's testimony
would not have been admissible if an
affection had been interposed, in view
of a previous ruling by Justice Sea
hurry. Assistant District Attorney Mott
withheld an objection in order to get the
chance 10 ross-examina Mr.. Hyde. The
witness smiled and laugh went around
The courtroom when Mr.. Mott. in end
ing the cross examination. asked Mr..
Hyde if he had ever been witness be-
fore the legislative. investigating COM
mittee.
on cross-eXsmination Mr.. Hyde tesi-
fed that m had been counsel for the
Brighton Beach Racing Association
when the anti-racetrack gambling lcgis-
lation was pending at Albany. His
irother-iD-laV. William Engeman, had
been president and treasurer of the
association 1t different times He had
also been counsel for the Jockey Club,
he said. In the carly part of 1908 he
went To Albany on special Jockey Club
train OF five or six cars. He met Harry
Payne Whitney on board the train for
cock lr. and other mon mentioned as
teing present at the Delmonico dinner
might have been on the train. but Mr..
HYDE did not sec them. he said. lie de-
MED that Inc had ever had conference
at DelmonicoS. or anywhere else, in re-
gard 10 racctrack legislation with
Keene. Whitncy. Hitchcock, or any Of
the men who were alleged to have at
tended the dinner at Delmonico's.
Gardner Denies Elders Story.
Frank J. Gardner. the defendant. testi-
fed in his own behalf yesterday. and
stouty denied that he had ever offered
$1,000 bribe TO Congressman Foelker,
ss the former Senator testified. lie de-
MED that he had ever told Mr.. Elder
that he had Jne to Albany in company
With Citv Chamberlain Hyde to dis
tribute S20O.V1O of the 100000 fund, as
Elder testified He admitted that he
had a talk with Elder about racetrack
legislation but offered an entirely diff
ferent version of what was said at that
time
Now. Frank. this is really the situa-
ton" Gardner testified Elder said in
discussing the matter. If I could set
from YOU direct evidence that Governor
Hughes could use in his investigation Of
rscetrack matters. I would be booked
Tor the next vacancy on the Supreme
Court bench Mayor Gaynor's seat"
Gardner said he replied to Elder that
DC was sorry. nc would like TO help him.
but h. knew nothing about the situa-
ton except what he had read in the
newspapers. and could tell him nothing.
Gardner testified that lac had gone to
llders office in response TO letter ask
ing hin. {, call about an entirely diff
sercnt case I'm which he. Gardner. had
iade a complaint, which had nothing 10
DO with Iacetrack matters. Then Elder
introduced the racetrack subject, he said.
and said that was dll he really wanted
70 ialk with Gardner about.
The defendant cmphatically denied
that ne had ever told George w. Hall. in
WilkCs Barre. Penn. where Gardner and
lis present wife were married last
September. about his alleged trip to
Albany With the Doodle fund, and also
about MS alleged offer Of a bribe to
Congres man Foclker on the train. Han
had so testified for the prosecution, IN
ccrroboration Of Elders and Foolker's
tostim0ny Hall said that converse
,ion with Gardner took place in the Han
]srlor in the presence Of Mrs. Han ana
Mrs. Gardner Both women were called
as witnesses yesterday. and denied that
they had ever heard Gardner say any
thing of the sort
The appearance OF Mrs. Hall as Wit
ness 20 contradict her husbands testi-
inony Was one Of the surprises OF the
oay's session She had refused 10 como
and testify for the prosecution. though
she had told Mr. Mott. on visit he made
10 Wilkes Barre. that she had overheard
INC PRINCIPAL parts Of the conversation
between Gardner end her husband about
'he doodle fund. Mr. Mott told the court.
when she denied on cToss-cHamination
mat sho lad told Mr.. Mott this. tho
iatter declared with some heat that an
'ndacious attack was being made on
nm through the perjurod testimony of
ihe witness.
Mrs. Gar4nsr Cot Mrs. Hall Here.