The record-union., 1891-02-03
GARDNER ON TRIAL.
Judge Van Fleet StubbornIy Refuses
Another Continuance.
Gardner Has to be Brought Into Court
is He Contemplating Suicide:-
Talesmen Questioned.

Daniel Gardner, the woodward man,
who is charged with criminally assault
ing little Lizzie Cox, was not in court
when his case was called yesterday fore
noon.
His attorneys, Grove l.. Johnson and
S. Scion Holl. stated that their client was
i'll and confined to his bed, and unable to
appear in court. They asked for post
ponement for several days
Judge Van Fleet, however, reminded
counsel that when the case was continued
last week, he had announced that he
would permit no more delay, and he
meant now to keep his word.
District Attorney Ryan said he would
agree to q continuance for one more day,
but Gardeners attorneys did not think
this enough.
The Judge said he would have to be
thoroughly satisfied that it would be
absolutely impossible fer Gardner to be
in court before he would grant any con-
tinuance. He then appointed Drs. NJ
Gardner and @. L. Simmons to visit
Gardner and ascertain the nature of his
1ndiSpOSition.
\ recess was then taken until 1:30 p. NJ
Is He STARVING HIMSELF?
the following report was received by the
Judge from the physicians:
| To the Hon. ". c. Pan Fleet, Superior Judge
DEAR SIR: In accordance with your order,
We, the undersigned, hereby certify that we
| have this day professionally examined Daniel
| Gardner, and that we find no evidence of any
! disease present which should prevent him
from appearing in your court Tomorrow.
| His circulation is somewhat enfeebled, a
! syInptom due, in our opinion, to the nom
administration of proper nourishment.
| Very respectfully,
G. L. SIMMONS, NJ. D.,
M. Gardner, NJ. ID.
! Judge Van Fleet glanced over the re-
port and then tossed it aside impatiently.
He declared that according to the report
of the doctors, there was nothing to pre-
vent Gardeners appearance in court, and
| he ordered Clerk Jones to issue an attach
ment for the defendant Immediately.
The attachment was placed in the hands
of the Sheriff for service, and while the
court was waiting for his return, Gard
ner's attorneys made another plea for a
| postponment On another ground. They
stated that the witness, Rich, for whom
they had been searching for several days
had not been found yet, and it was very
necessary that he should be present to
! testify.
District Attorney Ryan opposed the
continuance proposition again, and the
court sustained him.
GARDNER MATERIALIzEs.
After short wait Gardner was brought
into court by Deputy Sheriff White He
| looked pale and haggard, and his gait was
| unsteady. de was given a seat between
his attorneys, where he sat gazing at the
floor during the Fest at the afteraee,a.
Again an appeal was made for a con-
tinuance, but Judge Van Fleet was OBJ
durate, and the impaneling ola jury was
ordered proceeded with.
This task was, owing to the lengthy
/ questioning each talesnan was subjected
to by the defense, very Slow, and when
court adjourned the panel was not COM
pleted.
Following is fair sample of the oues-
| tons propounded by the defense to the
jurors:
Were you ever juror in criminal
case before?
Have you any chi1dren-girls? If so,
/ how old are they?
Have you any bias toward a man be-
cause he is accused of a criminal assault !?
Gould you give man, on trial for that
crime, as fair hearing as you would were
he charged with any other crime?
| Do you take any Sacramento news
papers?
Did you rtsSdsthe reports of this case?
! If newspaper should say you should
render this or that verdict in case in
! which you were sitting as a juror, would
| you be influenced by it?
Are you afraid of newspaper criticism?
/ Do you believe that a man on trial for
crime alleged to have been committed by
him, should prove his innocence?
Do you believe what you read in the
newspapers?
II appeals are made to your sympathies
on account of the tender years of the pros
ecuting witness in this. case, will they
affect you in any way? -
Many other questions were asked the
talesmen, but the above are the principal
ones.
The case will be resumed to-day,