The sun., 1919-05-29
ASA BIRD GARDINER
DIES AT AGE OF 70
He Was Former District AttOr-
ney and Noted Veteran Of
Civil War.
CLASHES MARK CAREER
Long Affiliated With Tam
many-Member Of Many
Organizations.

Lieut.. Col Asa Bird Gardner. civil
war veteran and formerly District Attor-
ney of New York county, died at his
country home in Sufrern, N. Y, yester-
day He would have been 80 years olo
had he lived until September 80.
Lieut.-Col. Gardiner was born in New
York city in 1889. and was educated in
the public schools, the College OF the City
of New York and New York University
receiving degrees from both OF these in
stitutiona He served throughout the
civil war as an officer OF the volunteer
forces, and two years after the war was
over he reentered the service as Second
Lieutenant OF Regulars. He continued
In the army until 1888. when he was re-
tired with the rank Of Major in the Judge
Advocate Generals department. In 1904
the retired rank OF Lieutenant Colonel
was given to him in the same branch OF
the service. and some years later he was
breveted Major-General in the military
forces OF the State OF New York for his
gallant conduct in the Gettysburg cam
paign."
A tempestuous political and military
career marked the life OF Lieut-CoL
Gardiner. and the many controversies in
which they caused him to be engaged
gained for him considerable notoriety.
He was elected District Attorney OF
New York county in 1897, and in 1900
was removed from ONCE by Gov. Theo-
dore Roosevelt on charges brought by
the City Club Of New York. That wcs
the second time charges had been made
against him OF Incompetence and neglect
OF duty in Office, but the first time GOV.
- Nalr pNt Al
claring that the charges were not sus-
tained by sufficient evidence.
In 1917 Lieut.-Col. Gardiner was much
In the public eye because OF his alterca-
tlon with the War Department over the
Congressional Medal OF Honor which was
awarded to him in 1879 by Congress fc-
his gallant conduct at Gettysburg The
Department, after receiving the report of
a commission of officers headed by Gen.
Nelson A. Miles. ordered Lieut. Col.
Gardiner to return the medal on tho
ground that he was in possession Of IL
without full warrant of law. but he re-
fused to do 80 and defied the Department
TO take 1t away from him. In 1913
Gov. Chares S. Whitman ordered Lieut. =
Col. Gardiner court ma rtialed because of
alleged insulting remarks made by him
about the uniform OF the New York
Guard. II was alleged that he told Capt.
Howard Duffield. chaplain OF guard
regiment, that he wouldn't be caught
wearing the guard uniform.
Lieut.. Col. Gardiner chose the law for
his profession. and was practicing at
torney when the civil war began. Aft sr
his discharge from the army he again
practiced law. having prior to that time
served for seven years as professor OF
law at West Point Military Academy
He has had honorary degrees conferred
upon him by New York University. Dart.
mouth, Columbia and Hobart. Until his
retirement from the military service he
acted as counsel in many noted court.
martials, notably that of Fitz-Johr
Porter. He also represented the Gov
eminent in many cases involving damage
suits against the army and navy.
Soon after he resumed law practice
Lieut.-Col. Gardiner became sfflllated
with Tammany Hail and did valiant
service in many OF the Tammany cam
paigns. As reward for his services
he was nominated for District Attorney
and elected He signalizch his advent
in the Criminal Courts Building by en-
gaging in serious disputes and contro-
versics with the Judges OF the courts
and was at odds with them for several
months. His removal by Gov. Roose-
welt came after he had been in office
three years. Since then he has prac-
ticed law, but has taken little active
part In politics. For many years he
was r Sachem OF the Tammany Society
and also was in command OF the Vet
ecan Artillery Corps.
Lieut.-Col. Gardiner was member OF
many societies and organizations. in
GLIDING the American College OF Must
clans, the Standing Committee on Ar
chives OF the Protestant Episcopal Cen
ersl Convention. the United States Mill
tary Service Institute. the Military 80
ciety of the War OF 1912. the Society
of the Cincinnati the Loyal Legion
James Monroe Post OF the G.. A. r., and
many historical societies. His clubs in
cluded the Union. Metropolitan, West
Point, Governors Island, Manhattan
Delta Kappa Epsilon and Seventh Regi-
ment Veterans
He was the author OF many books or
legal matters. particularly military law
He was married in 1865 to Mary Austen
! of Baltimore. who died In 1900. In 1902
he married Harriet Isabelle Lindsay OF