The New York herald., 1870-06-07
FIGHTING FOR THE BONDS.
The Burkc.(;ariiner Cnse-Mrs. Gardiner Still
Fails TO Put La an Appeara nce-A Lawy er's
Specific for Collie aud the Surr0gate's
Opinion Of It-Thc Mystery Deepens.

Opinion Of It-Thc Mystery Deepens.
IL Will be remembered by those who have watched
the progress OF Burke Gardiner examination be-
fore Surrogate Hutchings-the charges involved in
which have been TOO often reiterated to
quire recapltulation-that the examination, which
was TO have been resumed on Friday last
but was postponed owing TO the absence
OF Mrs. Gardner, a co-defendant with her
husband, whose attendance then required
as witness. The reason assigned for her non-at-
tendance, as Will he further recollected was tn at
she was compelled 10 stay al home to attend upon
ner SICK husband, whose health was alleged TO be IN
q very precari0us condition.
Yesterday, at hall-past p. NJ, the examination
was 10 have been resumed. Promptly at the speci-
fed time the Surrogate vas on the bench; a portion
OF the opposing array OF counsel was, with like .
promptitude, on hand; the representatives OF the
press were In their places, anu scattered through
the room was an unusual number OF spectators, In
Guiding several ladies'
~ am ready 10 proceed with the case,n said the
ave are waiting the arrival of Mrs. Gardiner"
said Judge Fullerton, senior counsel for Mrs. Burke.
'We are waiting for Mrs. Gardiner echoed Mr..
Andrews. junior counsel for the Gardeners
ilaf an hour passed and Mrs. Gardiner did not
on the broad and benignant looking coun-
tenance OF the SURROGATE. The opposing conn-
sci looked at each other, anu while Mr..
Andrews looked asonlshed Judge Fullerton
looked unutteraDe things. While matters were In
this preliminary stage OF waiting Mr.. Graf, son-in-
law OF the GARDENERS, came rushing in the court
room and handed paper to MI. Andrews. Rising
quickly from his seat MIR. Andrews stated that
MRS. GARDINER HAD THE CoLlc,
and owing TO this fact would be unable TO attend the
court, ana thereupon he proceeded to read the pa
per IN mis- hand just delivered to him by Mr.. Grafi
Which proved 10 be "A certificate from a DR.. Gregory
setting forth Mrs. Gardeners illness from the com.
paint mentioned.
al know what viii cure that complaint, in her case
better than all the doctors In Harlem,n spoke up
Judge Fullerton he rose TO his feet. 1.-The remedy
Is simple, but VIII prove efiicaciOus An attachment
from this court VIII Insure immediate GONZALES
cence.0
sThere is no attachment needed" replied Mr.
Andrews. "As as Mrs. Gardiner IL well enough
TO be here she win come.v
"How was 1t last FrdaySr asked Judge Fullerton.
ut was stated here by Mrs.. Gran, her daughter that
she lwis home attending upon Mr.. Gardiner, who
was dangerously III. and can prove that she In
Wall street at the very time the court was expecting
herr
''Such the distinct statement of Mr.. Grann
said the Surrogate
II viii call Mrs. Graf himself ON this point" said
Judge Fullerton.
THE sON-INLAw's STATEMENT.
Mr.. Graf was accordingly called to the witness
stand and testified as follows:-I am son-in.law OF
between four and 1--WE r. NJ: saw her in car;
do not know when She came down town,
Cro5s-eXalnlnaton-I was sent for this morning TO
90 to her house, she unable 10 raise her head;
sent Tor DR.. Gregory and al my request he gave the
certificate produced court; she expressed great
regret at being unable 10 attend
ANOTHER WITNESS.
John Scott sworn-I Mrs. Gardiner last
Friday, at hafpast three O'Clock r. NJ. In Wall
street; she was going into the oiice OF Judge
Beebe.
II am not satisfied said the Surrogate, with
the course Mrs. Gardiner has taken appearing
here TO give her testimony. Neither she nor Mrs.
Gran are here to-day though both were required to
attend. shall therefore, issue attachment for
morrow morning."
And thus the case went over again.