Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-03-11
THE GARDNER CASES.

In Justice Tubs Court yesterday morn
ing the case of George D. Gardner, for VIC
lating sspulture, was taken up. City Attor.
MY Anderson aud Frank d. Ryan appeared
for the prosecution, and J. n. Young for the
defendant. The latter did not attempt 10
make any defense, wsiving examination as
far as possible, and the prosecution put on as
witnesses Chief Karcher and officer jackson,
who testified SIS to the finding Of the body of
John e. Lyon in the defendants chemical
works, ard concerning their examination of
Lyons grave aud finding the coffin empty.
John Kerwin, sexton of st. Joseph's Gem
etery, testified that the grave had been
robbed. Miss Mary Lyon testified as TO the
identity Of certain clothing found on Gard
ner's premises, recognizing the garments as
those 10 which her brother had been inferred.
The Court held the defendant to answer.
fixing his bail at IS, 000.
The case of Charles Z. Gardner accused Of
having been particsps criminis of his brother,
was continued, to enable him TO secure an at
torney, and his bail fixed at $3.50.
At $50 P. N. the case of Daniel Gardner
father of the other defendants, and accused
of being an accessory after the fact, was
called for examination, and occupied the en-.
tire afternoon, resulting in his being dis
charged, the evidence against him not being
sufficiently positive.
Duliug the entire day the Courtroom and
sidewalk in its vicinity were thropged with
people, who denounced the crime of which
the defendants were alleged to have been
guilty in unmeasured terms. The Court
room was so crowded before the morning
session that soms of those present. including
number of ladies, among whom was Miss
Lyon, an attractive young lady, who evil
IDENTIFY was In great mental distress were re-
quested to wait in the office Of Holl & Buck.
ley, adjoining. Officer Fredaricks soon after.
wards arrived from the station.house with
George Gardner, and, not knowing who were
in Holl & Buckeyes office, stepped 10 there
with his prisoner. AS soon as Miss Lyon
learned who Gardner WIS she sprang upon
him with an exclamation of rage. Officer
Fredericks and City Attorney Anderson IT,
terfered or she would nave done him a serious
injury. As IL was ne was badly frightened
and begged that she be taken away, while
she bswailed that she did not have q pistol to
kill him with. AftsT the examination was
over size exhibited desire TO reach him again.
and. as he covered away, exclaimed, mo
wonder you are afraid
Tire complaint in the case Of George d.
Gardner was originally drawn under Section
29l Of the Penal Code, which fixes the pun
ishneAt st not TO exceed Eve years imprlson-
ment. City Attorney Anderson yesterday
charged tbe documents, and prosecuted under
Section 200, which simply makes the .ffense
OF violating sepuiturs a felony, leaving the
punishment TO the discretion of the Court,
and il NAV be IS many years as the Court
sees hs. Tne sections read as follows:
Section 300. Every person who initiates, disin.
ters or removes from the place Of sepulture the
dead body of human being without authority of
law is guilty of felony. But the provisions OF this
section do rot apply to any person who removes
the dead body OF relative or friend for renter
meut.
Section 291. Every person who removes any part
of the dead body of a human being from any grave
or place where the same has been buried, or from
any place where the same is deposited while await
ing burial with intent to sell the same or to disseCt
1t, without authority Of law, or upon malice or
wantonness, is punishable by Imprisonment in The
State Prison not exceeding five ears.
There being mary rumors aAoat as to
graves having baen found violated, among
those mentioned being that Of young lady
who in her lifetime was very highly esteemed
by large cfscle of acquaintancas and friends,
it may not be out OF place to ssy here that,
30 far, no grave has bsen found 20 have been
tamperod with except that of the uufortu-
nsta young men Lyon. In some instances to
which rumor referred the graves have not
get beez examined.