The New York herald., 1867-04-27

vet; first became acquainted with Mrs oose-
1888 In New York, and met her again in Washnsnn ~
1912; my husband was then member OF Congress. II
lived there and Mrs Gardiner was there RAJ -, !
conversations with MIRA Gardiner In 1862; knew ths
ssrong 81 ~, ~ en- MS and her
get pass 90 down 20 her daughter get one for
her daughter to North Mrs. Gardiner was a re-
markably brilliant woman, and one Of strong mind and
will.
TESTIMONY OF PERCY GusrAvUs MAJOR
Percy Gustavus Major, sworn, said-I am Hanove-
rian doctor OF laws and professor Of Languages
have resided here sixteen years. have been clerk and
teacher; have taught the grandchildren Of Mrs. Juli
grandsons; was employed by her TO educate them; I
believe, In 1863 saw Mrs. Gardiner in her house. down
stairs she said AL ,' the property viii go to the Iyer
Cross -examnation-I am graduate of Gottenham and
royal judge aud doctor OF laws came hero in the
learned bookkeeping in New York. cannot tell Why
Mrs Gardiner conhded in me 50 much as to tell me this;
Of il goes TO the Tylers or Mrs Tylern
TESTIMONY or GUERDoS BRADLEY
This witness, being sworn. said-I was employed BY
1854; she asked me to continue the agency Of her prop
ery, which did; had taken charge Of II before from
wanted to make lease; deposited the money in the
name OF DAVID Gardiner; he handed me the letter Of
dismissal IN February 1854, and asked me II thought
the nierneaton IN 1t was not of the handwriting
and told him thought 1t vas; saw Mrs Gardiner
last IN the July or August preceding her DEATH but
Gross examined-I was under tho direction OF David
1. Gardner until May 1854 supposed him 70 be the
owner Of the property.
REV. HORACE PRArr
THIS witness, beng sworn, sad-I am an Episcopal
clergyman rector Of ST. Mary's church; had known
church; used TO see her about once month; saw
her ten days before her death, when she seemed TO be
enfeebed though her mind was clear and vivid she
had much more than the average culture vvacious
nellect had conversations with her the winter Of
srha rul,a oil Acfh
anxously OF her being left alone with large family in
Virginia.
Cross examined-I have heard her talk Of spirtuaism
she said she had examined into the subject and derived
comfort from It: she remarked that her mind
had been unsettled about what she had Of spirit
uaiism that she had remained away from the Com
munion.
TESTIMONY LOTT c. CLARK.
This witness, being sworn, said--I am a lawyer in
Casteton; was Mrs Gardiners legal adviser, and
her very frequently; had no acquaintance with Mrs.
Tyler until October g. 1854 received a letter then
from Mrs ryler. with memoranda, asking that will
be drawn up for Mrs. Gardiner in accordance Herewith;
went to Mrs Gardeners house the same evening and
saw Mrs Tyler who told she had sent the letter.
told her should have to the testator personality
she said it was too late that evening; called there next
her in her bed; she emaclated than when
last her; she said she had sent for to draw up
tions, and said she had: told her in regard to the
provision which Mrs Tyler the income until gov
ernmen. made .I:sa restitution for her losses that
two witnesses required; Mr.. Dayton
and DR.. Clark were the witnesses; there nothing
said the subject Of her immediate death; received
no instructions from any one except Mrs Gardiner;
will In accordance with those lnstructions
to be back at five O'Clock; when went my office
met Mr.. Dayton there, who told me must come at
once as Mrs Gardiner had been taken suddenly very M
reached the house at O'Clock; asked the Doctor
II Mrs Gardiner was 10 condition TO execute the wi
and he said she was; requested Mrs Gardiner 70 pay
attention to the Will while read 1t; requested DR..
Clark hear read assented to the will in each OF
parts; when read the part which gave liberal
proval because Of her losses in the South Mrs. Tyler
assisted her 70 In the bod by putting her hand her
she put on her glasses herself the will rested on book
in her lap she then signed the will; the atestation
clause was also read and signed; her mind was clear
when she gave mo the instructions; heard OF Mrs
GARDENERS death next DAY.
Crossexamined -Birs Gardiner had entire confidence
in me SO far as know; never heard her mention the
subject Of will before this OCCASION did know
that she had been looking around the country for
another lawyer 70 draw up will; had received no
other note from Mrs. Tyler prior to the death OF MIRA
Gardiner; nothing was said by anybody about the pro-
prety OF sending for David and OF giving him notice OF
her sickness or her intention TO make WILL
testimony OF HENRY BEEKMAN
This witness being sworn said:-l am eighteen years
OF age; am the grandson OF Mrs. Gardiner; l went
with Mrs. Gardiner to Virginia after Mrs Tyler; we
brought her with US; heard of the occurrence with
the cigar only saw cousin Julia after II over;
saw her in the hall crying her bleeding, and
she bleeding al the mouth thought; portions Of
ner took her up stairs; saw David; she said How
dare you treat sisters child In that wayf" he said ~
will teach her how TO smoke my cigars" be did not say
1t in very angry tono; was present at another
cnce with Alexander; he was ffeen or sixteen years
old; they were sitting a. the dinner table
he would not, and Mr. Gardiner took hold
OF him and threw him the floor; went up and told
they came down and saw him with his hand his
throat choking him. his face red and his eyes
was in her nigh. dress; his wfs got on her Ensss and
put her hand on his shoulder and begged him In her
Soy 70 ss am he aS ~ him A
when he was on top Of Alex; sho was down on her
knees trying 70 get Gardiner away from Alck;
room another occasion-Mr. Tyler, Dayton, Alcxan-
der and others-afer dinner; Gardiner eating his
old, through the where Gardiner was eating
his dinner and left the door open; Gardiner called
but It did no, latch; Gardiner called for him
again. but some one told Loney not TO when Gardiner
seized him by the throat and shook him; Alexander
then at him, and Gardiner seized him roughly and
held his head back; my aunt down and my grand
mother screamed and cried murder and pulled his hair 10
get him on his vile begged him to lot him CO. and then
he did he struck Mrs. Tyler several times that her
face became black and blue; saw no one como At Mr.
Sm rover heard "ny insulting sonas sunny
It would benefit me II grandmoiher's viii was ct
aside; | would then get one-thrd Of the estate;
Cross-examined-I was In Germany In the fall Of '65
and remained there I'll la August was never advised
By any lawyer as 70 what my rights were under this
broken am willing 10 give that 10 MrsL Tyler; when
read the will never thought that did not give the
same confederation 70 my mother - 70 MrA Tyler; j
had any particular difaculty with David hs was
sometimes cross 10 me; never saw him lay his hand
in anger on any one until that affair with Julia Joined
the Tyler side Of the quarres the affair with julia
ted division In the household the children afraid
Of him after that and 50 was L there never but
secesh flag there saw portrait OF the rebel guer
lila Morgan thcre the Union nag slowed IN the
garret; there sccosh ag the porrat never
heard anything, except day at the dinner table
heard Alexander say, "If Mr. Gardiner ID such strong
Union man, Why doss he not 90 Into ths army end
naht;" wss NOS restricted In my companionsbp.
The Court at six r n adjourned 70 meet again this
morning At half past eight o'clock.
THE WEEKLY HERALD.