The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1871-03-30
Gods Truth In n Court.
" Well, it's a critter."

Among the alleged culprits of various
degrees on trial recently at Lincoln,
Mich, was Albert III. Gardiner, an old
man of seventy-two years, who stood
accused of having attempted the MUIR
der Of strong, sturdy young fellow,
young and strong enough to have killed
him at blow. The complainant was very
straightforward and pertinacious in his
story, however, and plainly wished to be
signally revenged by the law. On the
ing carelessly on the road near his own
house, when the prisoner, axe in hand,
suddenly sailed out upon him, from be-
hind tree, and, exclaiming, "Now 1
have got you where want you, and
will murder you!" attacked him like a
maniac. He made what defence he
could, and was finally able to escape
from his furious assailant, but not till
after the latter had felled him with the
axe and repeatedly dumped 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 tale but
there was the complainant with his head
| still bandaged, and a respectable ply
sician testified that he had scientifically
| dressed said head for a scalp wound
which had unquestionally been inflicted
| by an axe, of which the accused did not
deny ownership. In the ensuing cross
examination, to be sure, of these and
other witnesses, it was elected that the
cut or blow, as revealed by the wound,
OF {hor
than from above and that after re-
ceiving the injury the young fellow had
gone OH foot eleven miles to obtain a
warrant for his assailant's arrest before
seeking help from doctor; but still the
fact of the assault seemed established,
and there was much eagerness in the
court to hear what defence Gardiner
could offer. Testimony for the prosecu-
ton being all in, the old man came for
ward, leaning ON 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. al am not
guilty, your honor and gentlemen of the
jury" he said, in low, but firm and
clear voice. "I have attempted no mur-
der. How could l, old and infirm as 1
am? l went into the war and fought
for our country. When the war was
over found myself alone in the world,
without home or family. With what
pay I had saved went into the woods,
built cabin with my own hands, and
with my own hands labored to clear off
and secure homestead for my last lone
ly days. This young man and his father
| hn~ ol 20 %o1,o o. &c
my little piece, and after failing to buy
me off said that I should be driven away.
On the morning of this alleged assault,
while was at work chopping away a
stump, the young man came up, and
falsely claiming my axe as his own,
tried to take it by force. I am an old
man, gentlemen-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, l
don't know which that was the way he
got his hurt, for Inever struck him." Here
the old man lifted his eyes and right
hand, adding solemnly; And this is
Gods truth" Then pulling up leg of
his pantaloons he laid bare the scar of
an ugly gunshot wound, where the ten
don Achilles of his limb had been severed
by Mimic ball, which had gone crash
ing the bones. THAT wound" said he,
81 received at Gettysburg. Just at the
close of the war my right shoulder was
shattered by shell, and it left mark
as big as this young mans head. I've
been soldier, gentlemen, and will fight
for my just rights but l never struck
this young man, who only tells this story
to drive me away from all the home I've
got in this world. And, solemnly swear
this is Gods truth" All the lawyers in
the world could not have devised such a
defence 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 at Gettysburg.