The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-01-19

it and he told Tat he (G) utterly destitute Of
credit that he obliged to pay cash daily to the butch
over Continued on III this way oil through the sum
mer was never present at any agreement made az TO
the house being conducted Mr. Astor Mr. Gardiner
must be mistaken this point never heard Of any such
agreement till now lately.
, lCrossexamned by Wilson, am he agent OF Mr. As
tori the furniture oil the house previous 1885, had been
made over to Mr. Astor security for rent to Messrs
Critt~ndon and mother.
QAt the time OF the lease to Messrs. Gardiner and
Packard did the furniture OF the house belong to the les
sees
Ruled out.
Q.-At the time these gentlemen occupied the house.
was there an injunction served against them
Al heard OF 1t; understood it some time in the
early part OF last summer d0n' know whether il be-
fore after the l4h Jun the GARDENERS informed me that
an injunction was served rhe injunction restrain
me Messrs' Gardner IRON collecting any monies due
them Mr. Astor had nothing to do with it They told
me they Intended to have the bills made the
OF the City Hotel Mr.. Gardiner stated to me that
he was acting tor Mr.. Aston at ALL in any shapes Mr. g
did tell me there bills the ope would not
pay in consequence of that injunction; he wanted
collect some OF the bills and odd had nothing all
TO do with II; don't whether the bills paid
not.
Mr.. j. II GARpINgR was recalled and testified an in
erocutory versaOn al Nj. Lords Office, in which it
was distinctly understood that ms brother Asa
duct the house tor Mr. Aston; that he himsr
receive salary from MIR. Asor or to that effect and
when Mr.. Smith asked what salary expected. re-
piled, not much" The witness also contradicted the
testimony OF Mr.. Smith in refe, to the collection
boarders bills Mr. Smith did not say he would have
thing to do with this collection; Mr. Aston did say
much, bu declined having any thing to do with III Mr.
Aston is very reserved man in conversation; he had
rather other Ople would talk III an to talk himself
Mr. WIN b. AsToR swOrn.-l never heard the ges0n
at all OF these gentlemen managing the house tor my
father, neither by them nor by any other persons.
Q-Do you recollect the occasion Of the gentlemen
and the Miss GARDENERS being present ut Mr. Lords ocei
Al recolect the occasion one OF the Alessrs Gar.
diners present; Mr. Asa Gardiner, think; believe
we met them by appon ment; received any notice to
attend them, it probably from Mr.. Lord; the under
ding was that these gentlemen should and keep
the house, indeed, rather DESTROYS not TO have
the house cosed il they made ytnng they were to
pay it over account oil rent already incurred; we
thought would be advantage both parties to
it arranged in this way; would be very bad for US 10
have the house cosed they t. send up their books
OF such thing Mr.. GARDENERS collecting bills my
agent.
Mr.. Asa GARDINER recslled-Stated that Mr. Smith
called on him to 20 round Mr. Lords office, to max.
some arrangement respecting the house could not con
duct in my name consequence OF difcuhles
The furniture in the house mne and did not like
to leave Mr. Aston ha, levied upon and taken pos
session oil il cannot be mistaken to the agreement
that was conduct the house for Mr.. Aston think
was IN August that the II incton was served upon me
VIM g. Aston recalied-Mr. l. ord had her author
ty in this matter than what he received from ms
| Mr.. VIM GARDINER sworn--I am a brother OF John
and Asa Gardiner the house was kept Tor MIR. Aslor
| was informed
The evidence was here closed.
MIR. H. Wilson for plaiAtf, Mr.. @. B. Butler for de
| PENDANT.