The New York herald., 1870-05-13
FIGHTING FOR A FORTUNE.
The Burke-Gardcn Will
Case.
Further Proceedings to Recover the Bonds and
Moneys Of the Late Captain Alexander
The Case Before Surrogate Hutch
ings-Important Testimony.

The investigation IN the matter OF the goods chat
tcls AM credits ~ John Alexander, deceased, came
mp yesterday before Robert G. Hutclings Surrogate.
Tic case has already attracted a m re than ordinary
degree OF public interest IRON The fact that the
dec ased was well known to numbers OF the Oldest
ald weahest OF our citizens; that Captain Aiexan-
der was ra'her eccentric In nls habits particularly
with regard 10 the large sum Of money he was
known to be possessed OF up the time of his death
and which nc always carried ab Iut his person;
g. the shroud OF secrecy that was attem ,ed TO be
THROWN about his death and the manner OF II,
bu above all 10y the uaerring accuracy aad the per-
ssiant clo Ia with which his daughter, MIRA. Burke,
ma, IKE Nemesis pursued those whom she sus-
poets OF unfair dealings in the matter.
TESTIMONY OF CARRIE Il. GRAFT.
Carrie L. Gran, daughter OF Ira &. Gardener tes-
t1ed that she knew the late Captain John AexaIr
der while he resided In her fathers house; lived In
the same house all the time he lived there, about
two years; died the 2Gth OF March, 1857; on the
Thursday morning before he died witnesses was nc
his bedside; he had canvas bag round his neck,
which he told her to take from him; II contained
money papers; the contents OF the bag were
afterwards examined aud the amounts counted;
DIR. Brjokway, VINO attended the deceased. exam
| Inc the contents; this was done the 10 towing
m Z; those present at tne time were her nus
bad, James w. Gran witness herself and DIR. Brock
way; DID not learn at he lime VIII h. ccuEents OF
tne olg were remembered a friend OF lhe derendang
Alexander cal ing 10 know wnit amounC was found,
when 10 was asceriained 90 b. from $50, 900
TO $4,000 heard the contents OF the bag
heard H.; has brother In the Assay ONCE; do not
| kgow ana cam 4 say n n nego6at any OF these
bond, er said tlat her faner had als
! own agaln aud made her PRESENTS; uoes not know
| MIR. aud Mrs Miner, OF West farnls.
q. Wheu you went 10 West Farms for your furnl-
| ture did YOU not zee Nr. Miln-rS A. No. SIR; my
nasb nd tented a carriage house from Professor
| know his name at tue time; we stored furniture
the years III re was sl25 In money found on Mr..
| Alexander atth time Oh has a cease.
| TESTIMONY OF JAMES W. GRAFT.
| James W: Gran, husband OF the former witness,
ab ut eeyen years; liyed IN The same house with
| him two years: am prin er; was present when
Aiexan Ter diel saw nun the mornllg ne dlcd,
about two hours bo ore hi' d-ath; Dag was taken
| fron him; saw the con nts Of that bag coanted;
was not lresen. when 10 was taken; I'm.
| tney were put back IN the Dig, which
was then handed to Mr.. Gardener; sne
bag con aimed nothing but bonds taey consisted OF
| Mssoui nls, Ca Iorn@ bolds Unls d states
bonds. Nrgiala bonds and Brooklyn waier loan
scrip; was never IN bond Droker .se bnsiness no
on ever Deque1thed me bonds winch were sub O.
quenty LOST; had conversation aOout stolen bonds
with clerk IN Iay CooAe's once; he ref rred me to
another oliice, Manning Il u siorescs; inquired OF
them II they had st o lost bonis; Mrs. Burke had
not vertlsed for lot bonds at int time, but
| kne q n claimed TO have lest bonds
q. Why was that Information lie liable TO your A.
| Eoca IS Mrs. BirSe had claims to large amount,
1
| brothers oi the nlme OF Held; meet tAei IN Harlem
tre uently in cigar store t "a mt l25th street,
ver played faro; never Il ked tn Al Id brolhcss %
sell any o. thos bonds for me; asked my broth rim
law, Cnarlei y West ot;, TO ell bonds FOR me; al
onerei United States bond for sale am editor
| and publisher OF the Harlem 1tnes; am o
| joD printer also; had ireq ent conversations
| with Rosa King, formerly servant VITA the Gar
deners asked Old MI. Gardener about giving his
pos tboox to Rosa King: he replied that Il was
common thing FOR nm 10 do when lie would be go
Ing up stars TO sleep OF an evening; hive taken 10
| h1use keeping since Aexaners death; the amount
uonds found In the bag 200; slperlntended
| the cOun, ing Of the bonds.
EXamne d by Mr.. CooE--I had q Virginia bond for
SIZE, winch ] gave 70 my brother; II was one Of
those Will b Mr. Alexander presented to my vie.
| der gave my wne Tie bOLd 3; lie tAiexander) gave
my wife four bonds; these were not 10 the bag; Al
| exander was sick in bed when be gave my VIE tne
| twenty for $1,000, vrgiAia state bod
| for the same amount two Brooklyn water
loan bonds for $1,000 each, 5000 m all; the five
twenty was sold by my bro her, Adriln Graft In
| May; deposited all The bo.ds with the same
brother; never told Mrs Burke or her counsel that
| my wife had recev tnese bond, from Mr.. Aiex.n-
bonds knew that she finally a aIvertissd them:
never told Mr.. Gardener that Captain tAlexan-
der had given those four bonds to my wife;
Mr. Gardener knows 10 now for the first time; Mrs.
Gardener does not even know 1t at this moment; af-
ter the advertisement appeared consulted as to
wnet er should retain possession Oi tue bonds,
and was advised 10 do so; consulted lawyer tao
subject; that lawyer was my br0tner IL the bonds
In his care; he sold tie avetweDty uOnd in NAV:
have received most OF the proceeds OF those bonds;
| the baahce Ii IN the hands OF my brother IN aw,
q. - Westcott, o. 70 John street; there is balance
OF betw ca $500 and 1000 IN Wes colts hands yet;
inquired al Jay Cookies Office with re gar TO he SELL
ing O bonds, rs was desttOus that Mrs. Ga 0euer
should .trust Inc with the OF her bonds; this
| was about two weeks after Mr. AleXand rs death;
| never l. mt out money on bond and mortgage
| Further examination In the case was adjourned
/ I'LL Tomorrow, ut twelve O'CLOCK.