The New York herald., 1867-04-26

TINE GARDINER WILL CASE.
AdAisiesal Tessi.ssy-The Estate sf Presi-
ee.s ryier.fa.iiy Bickcrings aud Seces-
sion Preciivitics. &c.
The further examination Of Witnesses IN The WIN case
Oh David L Gardiner and another Julia O. Tyler q a.
was held yesterday a the Supreme Court in Richmond
county, Staten isand-Hon. John A. Lott prending
Judge. and associate Justices Mscalf Elliott ana Hiier
preent The record Of proceedings In the surroaates
6oua q the appeal was Qsysd as evidence ~ counsel
for contestants, and rejected ''GsfVses-. ssa -
TESTIMONY OF D. l. GARDINER
The direct evidence OF David L. Gardiner was con.
Nnusd follows-rylers Virginia farm was valued At
$A5 600; in the transactions with my mother kept the
book Of family expenses, bank book and check book
Mrs Tyler here about Christmas time in 1852; she
had children At the house that tme then she re-
turned TO Virginia and came back again on
Thanksgiving eve 1858; At the time she arrived
hero Mrs Gardiner vas very inGrm, and ihd
been for three years; her sickness weakened
her mental powers; in communications with Others
noticed that she was very much influenced by their
opinions; after her return from New York she would
say she had had conversations and communications
with the spirtuasts regarding her children from the
day Mrs. Tyler came shs was condned 70 her room
nearly al tho time; every week ten days she had
bean confined 70 her room; che would havs che vomit
ing spslb = week; whom Mn Tyler came here on
Thanksgving day IN the evening: shs told me n
the fail Of 1902 that she was coming on. and that
would have 70 leave the house; she told mo thaa
ought to leave before mother requested me 10 do
at the time she came in the house was sitting At the
table reading; said "Ah, how do you do 2" and she
up stairs wiInout salutng mo; did not her
n1nn haf had red
between and her; the nrst difficulty had with her
afterwards when in the library taking my meals
one Of her sons was running about the hall and
requested him not TO continue racing through the
by the collar and lead him to the door 70 close it, when
Mrs Tyler rushed at me like tiger and took me by the
Sa ana anotner ., tno sons astacseo me WIZ poksr
age, came In and attacked me, but held my head down
70 avoid being hurt; in the meantime Mrs Gasdiner
ceded and said "I you low me- David do not hurt the
boyi" let him go on previous occasion was sitting
al the table taking my meal whom the next 70 the
eldest Alexander also the table, and was con.
vesing with he made remark about soldiers
and said hey thieves throats a set Of
nares, and had gone down South only make money
told him to desst from such sation, but he did
not SO seized him by the collar and threw him down;
did not nJure him. he tore my coat; that boy was
about sixteen, and stout and tall; Miss Julia Tyler
young lady about fourteen nfteen would sing
songs as Bonnie Blue Flag aMaryiand, nv Mary.
land, and Lone STAR" Mrs Tyler heard them and
q
she did not make any particular reply she never re-
quested the children 10 stop this recollco
ing going into the room where there was cigar case on
the mantel containing cigars; noticed they
ured and that one was broken Miss Julia there
took the cigar in my hand and crumbed up and put
up 10 her nose, and asked her II she liked
the smell she had been smoking it tho
night before she said so; she became
enraged and up stairs to her mother suppose do
not think her mother came down; do recolect any
other row; there was transaction about tag; they
vnO To AMI nOv m 1 Mrs nut I
did not see her put II there spoke about 10 the
% the family but !. remained there ior long times
before left the house ate my meals acnsin my room
the VIII Of 1858 was put In my care in lisa, and re-
NOT know Who s0t shsss papsss; = her decsase bad
mona 0 my uothers papers; dince, have had some
ana y b.; 6
AetcaiI DO not Escoliscs whs pfoducsd did not pre-
ssst any sre were certain ass claim deeds sxscussG
for property 10 New York quit claimed al the pro
Iery N two dssas NM Ty,sr also emit e!sn
never spoke to my mothsr about viii At amy tmsin
my life, nor sheto me, except on the boat che
said she had made will-the one Of 1868; whsn she
handed II to me il was n an envelope and went into
store and put seal on without reading IL after Mrs
Tyler came In 1853 ! said nothing to Mrs. Gardiner
about her removai the first complaint OF the crowded
state Of the house made In the letter OF February
she visited the house after she was married 70 A Tyler;
from Mrs Rockwell stating that Mira Gardiner was
very Ill; l went there and found her very sick |;
i
| 70 attend to business; ! did not 70 back ;
she returned herself; q Casski she was apparently
with rschng those ats were incessan and would last
for fifteen or twenty minutes; she very
her wrongly Il Catsk that had the hernia; afier
that did not see her frequently inquired about her;
"a naG xaown LOU oil IA Uarh I esn. S Or zen years. Knew
ten years; knew Rev. Mr. Pratt; received no notice
from any one that my mother was in her last ilncss
received message OF her death six O'Clock the day
that she died. had received intimation that any win
be drawn up, about after her death called
At the house and inquired what disposition made OF
her affairs talked vth Mrs. Tyler about Il; am faIn
lar with the handwriting OF my mother and sister;
interneation that letter believe 70 be ia the hand.
writing OF Mrs. Tyler; know II is ('s and taking
Of the properly in the sentence which requested
70 leave the house, renquish its affairs, and taking
dated March ST. 1854 (which refers 70 an % uSp1spsrsd repaired
condition for leaving the house suddenly and charges
"intrgue. Misrepresentation and deception" on the
part Of Mrs. Tylerl
Is years old when my father died. Alexander was
two years younger than was; We were both educated
Princeton College, ~ j.; when left college was % or
with William Emerson Alexander studied law also; We
had about completed profession when my thsr died
prsssssS M my proso.sion have pursued csise. how. So~
svss at which received earnings; deputy clerk
and Unised states conmismoner IN New York In she
Is; sft the cisrkahip TO 90 California; had aocu-
muiasd some properly BY thst tsns; wsat there 70
ay; perhaps t w.s January 1879 got thsss some time
In April Of 1s4o; went across Mexico; let there the
spring OF 1851 and reached home about June 1851 my
brothers death occurred 10 the winter Of 1861 heard or
IL before left California "a letter shown dated
August 1880 from witness TO his brother and admitted
eyidence.) ] was engaged In mining and trading
there; did not pursue my professions: NJ various
times there had $4,000, 200 5000 OF
my own that ] bad made In California; At nrst
had $500 or $500; was engaged in trade on the
Sacramento, shipping goods and selling The miners
and 70 the Indians; had partner Of the name OF b.
W. Became; was In that business SIX or seven months;
then / transacted business in San Diego; was there
nearly year and devoted my time pretty much that
! was engaged In other Of the businesses from
the time went there until left operated In the
mines probably two or three months; that in the
early part Of stay there; that the only mining
did; made al that about 81. 500 $4,000 had II
all In gold; that my recollection; that was 90 much
net gain; then went into trading; kept accounts OF
my business there but do not think have them
when lett California turned my property In part into
money; remllted some homo before left Alcxan.
der and received some from California after l came