The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1912-02-19
lawyer GARDNER
RELEASED BUT
DECKER IN
Lawyer Couldn't Get Bail For
Alleged Pal
HEARING SET FOR TODAY
Old Mr.. HasIett Is Still Alive and
Had No Desire for Gardeners
Services

New York, Feb. 19.-Former State
Senator Frank ]. Gardner of race
track legislation fame, who was ar
rested and locked up late Saturday
night on the charge of conspiracy to
gain control of the 100000 estate of
Samuel E. Haslett, an aged recluse,
by use of power OF attorney which
Haslett is alleged to have repudiated,
was released on $4,000 bail yesterday
after arraignment in a Brooklyn
court. Gardner, who year ago was
acquitted of a charge of attempting
to bride State Senator Otto G. Foel-
ker in connection with the anti-race-
track legislation in New York state
in 1909, pleaded not guilty and said
that he had no doubt of his ability
to clear himself.
AS the ex-senator left the court
room with his wife, formerly May Yer
ba, an actress, he said: Il am sure
this will come out all right. ! have
absolutely nothing to fear. There
will be plenty Of sensational expos
ures made before this case is through
and let me assure you that | will not
be victim. That is all care to say
until have talk with counsel. ] am
not worrying any"
Gardeners examination was fixed fol
today 1t is expected that at the
same time George H. Decker, who In
remarkable account of the alleged
plot told to Magistrate Kempner in
volved Gardner in the case, will also
be examined. Decker, who was EN-
ployed as nurse for Haslett when tht
recluse was taken Ill two weeks age
in his house of mystery" in Brook
Ign, was still in jail last night in de
fault of bail. Haslett was reported
in serious condition last night anC
will be unable to appear at today's
hearing. He will be represented by
John B. Lord. his counsel for the pas
Is years, who started the machiner,
moving Saturday that caused the ar
rest of the two men and the exposure
OF the alleged conspiracy.
In his affidavit to the court, Lord
who was barred Saturday from his eli
ent's house by Decker, upon tn
ground that Haslett had dismisse,
him, recites that Decker did call sal
Frank J. Gardner to the Haslett res
dence," that "the said Gardner di'
prepare a power of attorney giving I
the said Frank ]. Gardner full powe
and authority over the person and pro
perty of said Samuel 4. Haslett," tina
"the signature to said power of attol
ney is not in the handwriting OF San
uel Il. Haslett," and that said Samue
+. Haslett stated to deponent in tn
presence OF said George Decker an
other persons that he did not sig
said power of attorney"
The document in question whic
was witnessed by Decker was e.
tremely broad, authorizing Gardner I
draw checks, pay bills and care 70
almost every conceivable way, an
containing provision expressly II
voking all other powers OF attorne,
Decker's testimony today is expecte
10 throw more light upon another fe
ture OF the case involving an allege
will executed by Haslett. In thl
Will, according to Deckers story, 8
told by Magistrate Kempner. after h
examination of the nurse, Gardne
was made sole executor and Decke
residuary legatee.
The nurse, the magistrate said, il
sisted that Haslett instructed him
call In Gardner to draw up this doc
ment, saying he was tired of M
Lord, as his lawyer Haslett, who's
fortune was the object of the allege
conspiracy, has been recluse sine
his wife was burned to death % yea
ago, and when his house OF mystery
was entered recently on his being +
ken III, the interior was found In a
astonishing state Of neglect and d
cay.