New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-02-09
Captain Alexander's Bonds.

Mrs, Virginia C.. Burke, after nearly
eight years of litigation, has secured judg-
ment tor all she has claimed. Her father,
an old seq captain named Alexander, habl-
tually carried his property, IN the shape OF
bonds, about him. He boarded in the last
wear of his life at the house of Ira c.
Gardner, Mrs. Burke, the plaintiff in the
case and his only child, being in New Or
leans. Mrs. Burke was not informed OF her
fathers death until some months after 1t
happened. She then came on to New lOrk,
and her first impression led her to charge
the Gardeners with the gravest OF Grimes
charge which fell through tor lack OF evil
dence. She then brought . suit in the su-
nerior court, which also fell through. In
the suit in the court of common pleas, be-
fore Judge Van HOesen, she made Ira =.
Gardner, his wife. his children, and his
dauuhters' husbands defendants, and nomi-
nally the Union Trust Company, as $500
had been turned over to 1t under an order
of the court. In this suit she charged that
her father had 100000 in bonds, and that
the Gardner family took them 1rom MN
when he was dying.
since tne suit was brought Ira C. Gard
ner has died, but the other members OF the
family sustain the same defense-that Cap
,ain Alexander felt himself deserted by his
daughter, and in his last days turned to
them and gave at times to one. at times to
another, bonds amounting IN the aggregate
to over $4,000, and that they received
nothing more.
Captain Alexander was very penuri0us;
that shortly before his death he had shown
one friend bonds of at least the nominal
value of $45 900; that his real affection all
went out to Mrs. Burke and her child; that
before his death all the Gardner family
were very poor, and soon after his deatn
ebo we'd signs of wealth: that this was not
accounted for by the amount concededly
appropriated by the Gardner family, and
that the only deduction was that they had
secretly sold the bulk of Captain Alexan-
der's property, and had only accounted un-
der the stress OF careless admissions tor
Sl3 900. and that their claim as to this
$l3 600 was wholly false. The defendants
claim was that the $4,000 was all that
Captain Alexander left SO tar as they knew;
that he had quarreled with MS daughter
| and in his last days distributed the ponds
| which he carried with him-all his
| wealth-amoug the members OF the family
| which had cared for him; that part OF this
| was dedicated to special purposes part was
spent, and the remainder, $500, Was IN the
Trust Company.
| Judge Van Hoesen charged ct length or
the law of conspiracy, instructlns the Jury
| that if there was a conspiracy to procure
l
in that conspiracy were liable for then
value to Mrs. Burke. Further than that
any one who knew that the bonds were OBJ
tanned BY fraudulent conspiracy. and
with such knowledge aided in disposing o
them, made himself a party to the con
spiracy, and was liable as an original con
spirator. He charged that if any such c on
spiracy were proved at all it did not follow
that all the defendants were parties t
| il: that was a question for the jury
and if the Jury should find conspi1
acv, the highest nominal value put on Cap
tain Aiexanders bonds by any witness wa
S45. 900, to which they had better confn
their verdict, if indeed they could find 70
plaintiff. He directed special verdict q
to the Trust Company if the jury found f.
the plaintiff. The jury we're out about .
hour and Q half and returned, louna ie
Mrs. Burke $4,000 and interest, and Il
snecial verdict as to the Trust Company ~
her favor. After some discussion a. 70 q
form of the verdict the Jury changed tne
verdict to $4,000 for plaintiff: Inc cou
diracted q motion to set aside the vetdlcI
bs put over to Monday.-Ne~ forS ~
bune.