The New York herald., 1867-04-27
THE GARDINER WILL CASE.

the GARDINER WILL CASE.
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The Testimony of Contestants Completed
The Political Divisions In the Family, &c.
The further examination Of witnesses In the case Of
David L. Gardiner and another Julia @ Tyler ct al
was continued yesterday the Richmond County Court
House, Staten Island before Judge Lott Of the Supreme
Court. and jury
David L. Gardiner contestant OF the will was re-
called TO the stand and examined by Mr. Brady who
showed that the profits Of witness In California were
ss,oae, and that with 5000 OF this money he pur.
chased his Northneld farm. The proper documentary
evidence was produced to prove this fact
Clinton Gilbert, cashier OF the Greenwich Savings
Bank testified that David L. Gardiner paid 5000 and
then g. 037 mortgage OF $1,000 for Mrs. Gardiner
TESTIMONY OF MARCH KELLY.
March Kelly, called q witness by contestants, be-
ing sworn aid:-I live in Brooklyn with my friends;
am married; lived with David L. Gardiner taking
Of his chldren lived al the homestead Castleon
there were three children; went there the 10th Of
June, In 1858, think remained there year;
when they left there left Mrs Tyler when she came
on from Virginia brought on two children; the others
here before after her arrival she took charge OF
the household; she had the keys OF the house and
the direction OF affairs generally; Mrs Gardiner during
all the time seemed to be very feeble and passed st
with her; heard mrs. Tyler and her speak; heard
Mrs Gardiner say that Mrs. Tyler very poor; that
she lost all her property by the war; do not
member what Mrs. Tyler.said to her mother; some
times heard MISS Julia play the piano and sing songs;
she used to sing the "Bonnie Blue Flag; Mrs. Tyler
would sometimes be in dining ROOM with the folding
doors open; the dining room was next the parlor;
sometimes have seen flags waved around there;
think they were rebel flags; saw flag
nn Annft hfnk
American flag there has been dispute between Mrs.
Tyler and Mr. Gardiner and the children political
Questions towards the last Mr. Gardiner dned In his
room alone; have the spells Of coughing and
vomiting Of Mrs. Gardiner often she would vomit and
ali the time she went 70 New York occasionally: Mrs
Tyler often went TO town. she took the carriage heard
Miss Julia call her uncle black buzzard often; she
used to call him one of Mr. Lncons hirengs she was
about fourteen years old Them heard all the children
call him these names; before Mrs Tyler there Mr.
Gardiner and his mother were on good terms
Cross examination-I lived in that house from June l9
1s63 TO February 10. 1854; that is all saw Of what
slept In her own room ana Miss Julia Slept there and
two of the chidren In the other sleeping room on the
same side Of the hall the rest Of Mrs. Tylers chill
dren Alexander also and Harry Beekman Mr.. Gardiner
and his wife occupied room opposite his mothers
and myself and their children slept in the other
younger children they little girl and little boy;
they occupied the room that Alexander had she
there; Alexander aud Harry Beekman went into small
room Harry and Loney went into his grandmothers
Dayton took the little the hall; be-
ieve Harry Beekman was in the grandmother's room,
too; Mrs. David L. Gardiner had her meals sent
up, to her room most Of the time; she was
sent to his room; he ate his Christmas dinner
in his own room he took his meals with his wife; when
we left the house went to Mrs Thompsons Lafayette
place. New Yor-a pretty large house, there were four
young ladies and two young men there and the father
and mother wo had all to occupy one room; Mr. Gardi
ner did not stop there; have heard Miss Julia sing
the Bonnie Blue ag;" she sang beautifully; she
not in long dress; liked very much to hear her sing
don't think David's wife liked to hear her sing; don't
know whether not Mrs Gardiner liked her to sing
that kind OF songs she rebel songs and other songs
when Miss Julia sang used be down stairs with the
chdren; the children used TO dispute when out playing
togeher they didn't understand about North and South
have heard Miss Julia call Mr. Gardiner
black buzzard 70 me, but not to his
themselves; took their unces side; do not think
Harry Beekman nterfered; knew black buzzard
some kind OF bird; did not think much about it;
Miss Julia good nice GIRL and laughing all the
tme never heard her say anything cross; the flag
the Christmas tree very small one.
The contestants here rested their case and witnesses
for claimants were then called and examined.
TESTIMONY ADELISE sSEDIKER
Adelinc Snedker, called and q witness for
claimants, sad-f reside at Isipi resided there in
1854; my husband kocps hotel there; the late
conversations with her; she weak physically but
srouSies' nS s II consequence Of Mrs Tyler and
her misforiunes she said she would make
s @ IN s
Tyler visited her three times while there; one
she rs. s' % % sos Sr S with
at the time OF Mn. Tyer's Hines; she came 70 my
house 70 procure pass from Colonel Ludlow, who was
at house, 10 60 and see her daughter; MrH Tyler
was then in Virginia; never saw David visit her.
Cross examined -Shs was ill., but could get up from
the carriage but do not think she took a walk
she troubled with retchng and vomiting she
took some medicine from my physician; supposed she
was suffering from disease Of the throat the subject Of
spiritualism never mentioned to me by her; was
very much surprised 70 hear Of her DEATH and thought
from Mrs Tyler, asking what her mother
had said that was the lrst inmaton had OF becoming
a witness In this case
TESTIMONY OF DIR. JAMES RICE
DR.. James Rice called and sworn as a witness for
forty years; At Islip in 1884, Mrs. Gardiner
there called to sec her as physician In August or
September in 1864 a. Mrs snedckers house; Mrs Gar.
diner feeble and suffering from bronchitis her
eight or ten times; conversed with her. her mind was
clear; she spoke OF Mra Tyler's misfortunes in the
South, and said she had enough 10 make her comfort
able.
Cross sxamination-I nothing serious In the
don Of the lady prescribed anodvnes did not hear
had sranguaed hernia she vomited two three times
while under my care The mucus IN the throat produced
nausea; tho vomiting did not come OF hernia; think
hernia had no effect In producing her weakness
TESTIMONY OF JUDGE RoosEvEr.
Mrs Gardiner became acquainted with her many
years ago; knew Ms Tyler in Washington I am one
probate before the Surrogate In this county; not
present at the trial here was present In New York, In
Mr. Watsons Office, In the examination or cross exami
nation at least Of Mr. Gardner.
TESTIMONY or LOCIsA COOPER
Louisa Cooper called witness for claimants, being
sworn - reside In New York Ibecame acquainted
with Mrs. Gardiner In 1861; saw her afterwards;
her at ner house; visited her; she visited my
brother. in law; the acquaintance had on account
Of the daughter had conversations with Mrs. Gardiner
at MIRA Strikers house where she was boarding; she
boarded there six weeks during the summer Of 1894;
most the time she In her ROOM Ithought she
afflicted with general debility, her mind clear she
sad Mrs Tyler poor and she wanted 70 make ner
WILL and asked who my brothers. lawyer was; she
ssated she thinking Of julia that she poor and
had large family she said David had rich fatherin-
law and mad enough; she spoke Of Harry Bsskman; l
did not see Mrs. GARDENERS will.
CrossexamInation- n--Robert Tyler married my sister;
rs Gardiner has spok 70 about Spi1tuaiism; her