Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1871-04-05
NO. 81.
Mistellai,eclts.
-
An Old Veteran-Go Truth in Court.

An Ola ieleFln-G0a's Truth In q Court.
Among the alleged culplits of various
degrees on trial recently at Lincoln, Mich
igan, was Albert ii. Gardiner an old man
OF seventy-two years, who stood accused
OF having attempted the murder ofa strong,
sturdy, young fellow, young and strong
enough to have killed him with blow
The complainant was very straightforward
and pertinacious in his story, however,
and plainly wished to be sienally Tevenged
by the law. On the day of the assault he
said he was walking carelessly on the road
near his own house, when the prisoner,
axe in hand, suddenly sailed out upon
him from behind II tree, and exclaiming,
Now have got you where want you,
and will murder you!" attacked him like
a maniac. He made what defense he
could, and was finally able to escape from
his furious assailant, but not till after the
latter had lelled him with the axe and re-
peatedly Jumped upon him" The Judge,
jury, and spectators, looking at the two,
and comparing the vigorous frame of the
young man with the emaciated, STOPPING
figure OF the old, could scarcely believe
such a tale; but there was the complaint
ant with his head still bandaged. and re-
spectacle physician testified that he had
scientifically dressed said head for scalp
wound which had unquestionably been in
fcted by an axe. Of which the accused did
not deny ownership. In the ensuing cross
examination, TO be sure, of these and other
witnesses, ii was elected that the cut or
blow as revealed by the wound, must
have come from behind, rather than from
above; aud that after receiving the injury
the Young fellow had gone on foot eleven
miles to obtain a warrant for his assail-
ants arrest before seeking help from
doctor; but still the fact OF the assault
seemed established, and there was much
earerness in the court to hear what de-
fcnse Gardiner could offer Testimony
for the prosecution being all in, the old
man came forward, leaning or his staff,
his white locks, bowed form, and trembling
limbs offering stronger contrast than ever
to the marked physical vigor of the young
Hercules accusing him. Il am not
guilty, your honor and gentlemen of the
jury he said in a low but clear voice. Il
have attempted no murder How could /
old and infrm as | am? went into the
war and fought for my country. When the
war was over | found myself alone in the
world, without home or family With
what pay ! had saved | went into the
woods, built cabin with my own hands,
I
off and secure a homestead for my last,
lonely days. This young man and his
father happened to take land on both sides
OF my little piece, and, after falling to
buy me off, said that | should be driven
away. On the morning of this alleged as
sault, while ! was ut work chopping away
a stump, the young man came up and,
falsely claiming my axe as his own, tried
to take 1t by force. | am an old man gem
tlemen-a very old man-but I've been
soldier, and will fight for my just rights.
In the struggle we fell to the ground, and
the young man fell upon the axe, or against
The stump OF the tree, | don t know which;
That was the way he got his hurt, for l
never struck him. Here the old man
lifted his eyes and right hand, adding
solemnly: 'And this is Gods truth"
Then pulling up leg of bis pantaloons
he laid bare the scar of an ugly gunshot
wound, where the tendon Archilles of his
limb had been severed by Il mimic ball,
which had gone crushing into the bones
THAT wound said he, II received at
Gettysburg. just at the close OF the war
my right shoulder was shattered by shell
and it left a mark rs big as the young
mans head. I've been Il soldier, gentle
men, and viii fight tor my rights but
never strnck this young man, who only
tells this story to drive me away from all
the home I've got in the world. And /
solemnly swear this is Gods truthn All
the lawyers in the world could not have
devised such a defense as were those words
Of palpable honesty and those scars of an
old hero. They carried conviction to every
heart on the jury, and the abused veteran
was at once declared not guilty amid such
cheers as we have not heard since he and
his comrades greeted the coming of the
victory OF Gettysburg.