New-York tribune., 1911-02-15
SIX ON GARDNER JURY
Trial of Former Senator on
Bribery Charge Begins.
HYDE TO BE A WITNESS
Chamberlain Will Be Asked
About Alleged S500,0oo
Racetrack Fund.

The trial OF former State Senator fra"N
]. Gardner, indicted for attempted prioer''
was begun yesterday before Justice sea
bury in the Criminal Branch OF the supreme
Court. The entire day was taken up III the
examination of candidates for tho jury ano
only six Of the twelve men who are 10 "e
eide the fate Of the former senator were III
the box when the court adjourned 'or '"o
day. The Jury as so far made up follows:
Daniel w. Mccain, salesman, NO. 'So
East e2d street.
Alfred Berkley, real estate, No. 90 on'on
Square.
Robert A. Van Dyke, clerk, No. 14s west
12eth street.
Charles Q. Kinney, manufacturer, No. 'zo
East s3d street.
John J. HsnIon, clerk, No. es2 west '4''''
street.
William lee Owen. real estate, NO. <''
West 75th street
Gardner Is charged with trying 10 orioe
Representative Otto G.. Foelker, OF BROOK
lyn when Foelker was colleague Oh 'h'
accused man In the State Senate 10 'o''
against the anti-racing bills In lvo' A'
the story goes, Senator Foelker resisted 'he
efforts TO buy his vote TO block the REFORM
programme OF Governor Hughes ana "ds
carried from a sickbed to cast the deciding
vote that put through the Hart-Aghe"
measure
The indictment of Gardner was the inoi-
rect outcome of the recent legislative graft
investigation. for Robert II. Elder. ASSIST
ant District Attorney OF kings county Wv
a circumstantial story to the Legislative
committee OF an alleged confession thdt t"'
former Senator made to him about his ac-
tivity In behalf Of the racing interests
The statements made by Dir. Eioer s'ou
light on the $4,000 fund that 1t was SAID
had been raised to defeat the anti-racerach
legislation and opened way Tor the op-
tanning Of much Information that the COM
mittee had hitherto been unable TO ga'her'
II was about that time that city Cham-
herlaiu HYDE who was wanted as Wlthess
at the inquiry, took his long vacation IN ,he
South. But Hyde will be witness az the
trial OF Gardner. when he VIII nave
chance to say II he has any knowledge ol
the alleged corruption fund. District At-
torney Whitman was asked yesterday
whether the Chamberlain would be Wit
ness. He replied. He has been SUD-
ppnaed."
The principal testimony given before the
Grand Jury that indicted Gardner was by
REPRESENTATIVE Foelker. and as the indict-
nent reads. the defendant Is charged Win
having offered Foelker in April, lsOS' SZ'oVo
70 withhold his vote on the race-track
measure. Foelker told the Grand Jury tna'
while the Hart-Agnew bill was before the
legislature some person approached him on
a train between Albany and New YORK ana
told hin, that Gardner wanted to see him.
He went to Gardner. who promised 10
"take care OF him." and that he would treat
him better than he had treated some OF the
other senators When Foelker resented the
PROPOSITION. he said. Gardner told him ne
was \ fool for not taking all the money that
came his way. Elder had testified that
Gardner had tod him certain city official
vas n have the handling OF the fund, and
no Gardner. was TO feel out" the leg
islators
Gardner was arrested In Scranton. Penn.
He returned here and was placed under
$4,000 bail. He was called as a witness
before the graft Investigators, but refused
70 testify, as he was already under indict"
ment The defendant looked less worried in
court yesterday than he did When he ap-
lpeared before he legislative committee.
His wife, who was May Yerba, an actress,
whom he married after his divorce, was in
court.
Max d. Steuer and Henry j. Goldsmith
appeared as counsel for the defendant and
Charles c. Mott, Assistant District Attor-
ney, represented the prosecution Among
the questions that the lawyers asked OF
the talesmen were whether they were ac-
ouainted with Chamberlain Hyde or Con-
gresham Foelker. Alexander S. HOFFMAN,
Of No. III West 5Sth street, said he was
member Of several Jockey clubs and