The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-02-19

'' forgotten IL. Decker told him that II
was very funny case and that IL looked
suspicious to him.
He drew the will in accordance with
Mr.. Haslett's instructions. and then dee
cided he wouldn't take charge of the
property without consulting one Of the
heirs. He learned about Mrs Samuel
from Mr. Haslett and communicated with
her. Then she and Gardner and Mr..
Samuel went to Mr.. Hasletts house to
take charge Of the premises.
He said IL had never been his intention
to handle the affairs of the estate under
the power of attorney given him but had
arranged with Mr.. Mckenzie. his present
lawyer to open a set of books for Mr..
Haslett.
GARDNER HEARING THIS MORNING.
Gardner meantime was held in So 900
hail by Magistrate Kempner. in the
Adams street police court, in the after
noon He was bailed out by surety
company and his case with that of Decker
will come up for hearing this morning
The nurse ia in the Raymond street Jail.
The court proceedings in Gardner g
case we're brief He himself is a lawyer
and when his name was called he walked
out OF the court pen into the court room
With a jauntv air. smilingly saluted Magis.
,trate Kempner and said he would act for
himself Magistrate Kempner began to
read the charge. a long affidavit sworn
20 by Attorney Lord.
DON'T BOTHER" SAYS GARDNER.
The Magistrate had read only few
sentences when Gardner interrupted him
Don't bother. your Honor am aware
of the substance of the report"
He then asked that the case be ad-
.5ourned for a day or two to give him q
chance to get lawyer.
Then il | am not ready" he said we
can easily arrange for another adjourn
msut'
This seemed fair to Magistrate Kemp
n0r. and Mr. Lord. who was in court with
Robert p vidaud of irI Joralemon street,
who has been a friend OF Mr.. Haslett for
years. assented to any reasonable delay
Then Magistrate Kempner suggested that
Gardner be- arraigned again this morning
with Decker. who was held in default
Of "a 900 bail by the Magistrate on Satur-
day. This was agreed to by both Gard
ner and MIR. Lord.
On the question Of bail Magistrate
Kempner first set it at 5000. which
brought protest from Gardner. The
offence charged. although it is based on
paper which gave Gardner full grip on
Mr.. Haslett's entire estate, is only a mis-
demeanor Magistrate Kempner said that
the Assistant District Attorney had sug-
gested that the bail be large. but finally
out IL down to 81 900 Gardner then spent
some time telephoning. with the result
that he got his bail.
THINKS AFFIDAVIT FAULTY.
While waiting to be bailed Gardner
looked over the affidavit made by Mr.
Lord on which the charge is based When
he had finished a careful perusal he said
that it seemed faulty to him. but it would
no foolish for him to protest it now-they d
only arrest him later on another charge.
he said.
Mr.. Lords affidavit part OF which was
printed in yesterdays SCS, says:
While the said Decker and said Gardner
wore in the said premises tMr. Haslett's g
homel the said Gardner did prepare. or
cause to be prepared. a power Of Attorney
giving TO the said Frank \. Gardner full
power and authority over the person and
property Of said Samuel F.. Haslett: and
after securing an alleged signature TO said
power OF attorney in the presence and hear
enR Of the said Decker. the said Gardner
took possession OF said power OF attorney.
and by virtue thereof entered into the
possession and property OF said Samuel +.
Haslett, who at that time was confined to
his bed at the address above mentioned
In the next paragraph "deponent further
says that he has seen the power of attor-
nsy under which the said Gardner pre-
tended to act and positively AYERS that
the signature to said power of attorney
is not in the handwriting of said Samuel
T.. Haslett.- And then. in the newt para
graph. Mr.. Lord swears that at the time
said alleged power of attorney was signed
)by said Haslett the said Haslett was
mentally incompetent and did not know
what he was signing
II was this that struck Gardner as
incongruous in the affidavit on which
he is being held. He thinks the last
sentence quoted above is an admission
that Mr.. Haslett signed the power OF
attorney.
DECKER TELLS TWO STORIES.
Decker told two stories to Magistrate
Kempner on Saturday. The second story,
told after he was put under arrest, is
regarded by the Magistrate and the police
as a confession that he had criminal in
tent The first story was told at Mr.
Haslett's house.
After Magistrate Kempner and his
squad Of police and stenographers. with
Mr.. Lords party. got into the house
they first talked TO Mr.. Haslett. He
was in his room on the second floor, which
had been cleaned and made sanitary
since his i'ness pnt him under the care
Of Mr.. Lord and since nurses have been
in the house.
Mr.. Haslett was very deaf and Magis-
rate Kempner had to shout in order to
make him hear. The Magistrate said
. yesterday that cloud seemed to be over
Mr.. Haslett's brain; constant shouting
and changing Of phrase would penetrate
the cloud and then Mr.. Haslett would
respond with a fash Of intelligence.
Asked about Gardner, after the former
Senator's name had been shouted sew
eral times. Mr., Haslett suddenly sat up
in bed
Gardner, yes l know him." he said
in his weakened voice. petulantly. as
il he was annoyed by the constant effort
to get him to understand" he's the man
who was here to see me
He said he didn't remember having
signed over to Gardner any power of at