The New York herald., 1870-06-10
TIE FIGHT FOR TIE BOMBS.
The Burke-Gsrdiner Controversy Captain Alex
snder's Assets-WhRt Became Of the Bonds
Mss Gardiner on the stand-An Excit-
ng Session-scenes in Court.

pupiC Interest, ia WhlCu the cOulphlndnI,
Mrs Burke, proceeds agains, the GARDENERS for mis-
appropriation and concealment Of bonds of con-
siderable value and moneys, resumed yesterday,
before Robert O. Hntchings. Surrogate. There was,
under the circumstances OF the case, as might be
supposed and unusually large attendance for 0
Snrrogates Court; but this Burke-Gardner case has
created so great an interest in the community shat
was not surprising to In the court room large
an attendance Of spectators.
Mis. Gardiner, whose illness for some days past
caused the Surrogate to adjourn the case over on
two Of the regular set days for the investigation ap.
peared, and was yesterday the first witness called
TO the stand.
TESTIMONY or MRS. GARDINER.
Mrs. Gardiner, being sworn, teslihed-During Cap
tain Aexanders stay in our house ! never knew he
had other property bui money, which he was in the
habit Of showing me from day TO day
ana requesting me 10 count II; his
last stay at my house from September, ls6s
TO March 20, 1869, on which day he died:
10 the best OF my memory parcel he gave me con-
tanned $1,000; o parcel he had previously given me
TO buy 10. ia Greenwood contained 81 100; he had
$ls4 In money when he died; 1 have heard he made
my daughter present or 81. 900; dld not know
that that had been made unt her first examination;
she then tod me tnat the present given Mon.
day. the Monday before he died; did not see It
given; up TO that time he had only given Neon the
Sunday previous-the 81, 1905 he had given nothing
10 me personally; never knew before that he had
any bonds; never saw him count any bonds; |
never knew his collecting interest on them; Mr.
Leeds had Informed me that he had $4,000 to
Alexander's death; had not heard OF his possess
ing any property other than have mentioned; did
not examine his trunk except 10 whether he had
any clothes lit Tor his burial and as there were not
] bought some; have no knowledge OF where his
property IN.
Q Have you amy suspicion where II Iss A. Ihave
suspicion.
q. What is IL? A. Do you want me to answer that
question?
@. OF course.
'IT Is rAIsE'-oTnER HEIRS
A. Wen, then, suspect the gentleman who swore
TO S60,.Oo and Mrs. Burke herself.
Mrs. Burke-Ir is false.
q. Who was that manS A. Mr. Leeds; think so
because Mr. Leeds told me the Old gentleman in
tended 10 do something for him. AMI the old gentle
man told me he had made him present; suspect
! think She wants to keep out OF it; don't know
how she GOT them: | can't answer any further
about IL; don't know how long after his death his
daughter came here: don't remember when /
heard she had come on dont think he had any
property other than that he gave my daughter and
myself during his last stay at my house; think
the Captain put IL Just where he wanted it to 20
before he died; think he disposed OF It before he
died, anu that 1t never came 10 my house; have
no impression who received any present except as
] said before; cannot remember the names or
numbers Of the bonds he gave me- they amounte,
to $500: he first gave me them on Tuesday night
when was changing him; did not then fake them
between ten and twelve; he died next morning:
on that Friday gave the $i,ioo to be changed
10 10 a., r.end' ana gave nm me other bonds
he returned them To me the next day
with The proceeds OF The $1,000 bond; the
TN the I'd or sd of April; | took the bonds
down TO Judge Beebe on Monday; have no bonds
except those IN the Iust Company and no claim TO
any that know Of; have no suspicion or impres-
sion as to where any or ne bonds formerly belonging
TO Captain Alexander are: have not heard thar he
gave my huspand, my son, or my son in.law any
bonds; on the Monday | first saw the bond
and again ON Tuesday, when ! was changing
take IL and take care Of n;'' he repeated It, and
said, Captain, know it;' ala not take at that
mem member @ right sad h Is n y on a ns sa sa o re
YOU" or something like It; think there was some
thing more my daughter was present: took il and
laid II under hts pillow then We lifted him up and
gave him some soup; he took piece OF cracker out
Of @ his moeta and pn! NJ II n his hand putting his
baceoi' be nodded AMI said yes;'' ibink he knew
what he about.
thus on his meek, aud ai you nor say never mind.
wait tilI The old sen'leulaa Is dead2 A. Not thu
remember, SIR
q. Did she not say lt makes no difference, he
nasn't ms senses, or something TO that effect A.
know where she lives now; she has been TO my
house within few days: kept the ST. 100 for four
teen months abont me, and then when found
the proceeds 10 my lawyers: the S. 200 in bonds
took TO Judge Beebe anti handef them TO hi,n; he
counted tbem and gave them la, 10 me: kept
them until Judge Beebe sent for then,
made no effort TO negotiate them; my
were sent down by Mrs. Dr. Hunter: Mr. Leeds called
on me the Sunday after the old gentleman died: he
said he would give $50 600 TO $4,000 for what the
OLD gentleman carried about his neck he id not ask
me anything about 1t; think told him he would be
sorry II he gave any such amonnt; did not tell him
ne leit nothing; ala not tell Mr. Brath sO called
ON CAPTAIN swayne soon after he Did gentleman's
deah called 10 ind out II there was a will: Cap
tam Swayhe knew nothing about II; never said or
thougnt captain SwayDe had any OF his property;
Captain Swayne was not al my house The day before
captain Alexander died. he was there about the
Time ne was taken sick day two before; they
were alone together: did not hear what took place
between them; had when the old gentleman died
about 500 OF my own; ! have so little that
could hardly count it-f0nr I'VE dollars: have no
money on deposit with any bank or Individual; |
mans death Tor $500. taking the money from nv
huSoand's pockeibook; IN the fall bought bed
room set; II was paid for BY my husband; my hus-
band did Npt loan any money That know 0f; he let
MI. Heck Nave some money! think about s4Oo--on
note; u has been PAID don't thnx had any
Department; the night department.; his income
from that was one month $40 aud another $40; he
about 500 month; s2s4 WAS spent on the funeral:
500 bond OF the $500 paid out cash for
Beebe dId not use any part Of the 1,2o0 for that
because II was gwen Sor express purpose: don't
remember TO whom paid this bond; think paid
II to Dr. Brockway; his bill was forty dollars re-
ceived the balance: this included Dr. Gregorys b
whom MIR. Gardiner directed Mr. Brockway 70 cali IN
Is consulting physician.
There was no ocross-examnation.
TESTIMONY OF MRS. GRAFT
Carrie &. Gran recalieu-My husbands name is
James w. Gran: resided In my lathers ,alnily al
the time OF Captain Aiexander's death; i was
present when some bonds were given: they were
not taken from his person; the parcel he gave
me was taken from his overcoat; | was present
when he took from his person and gave to my
mother some bonds; on the 22d OF March
he gave me some; do not know that he had
any other bonds; | had no suspicion that he
had other bonds during his last stay with us: was
taking care Of him when he gave these bonds; he
was sitting up In bed. his overcoat hanging at the
back OF the bed; had been attending HIM the
East sss Il s SsdIs&s papers
wrapped around with piece OF newspaper, ana
SAID, Here Is something for you and the little girl
feel poorly and may not last long, take care OF IT,;
called my husband In to look at IT, and he thanked
the Captain, and we went to our room and counted
the bonds over his shoulder; that IL the last ever
saw Of them; never spoke 10 any one about them
until after my husbands examination; Captain
IA ~