The Sunday morning news. [volume] (Jersey City [N.J.]) 1886-1891, 1891-04-26

stolen from the packages, the Judge
said. -
IF the goods were abstracted by trick
or device from the packages by the de-
PENDANT for her own use she would be
guilty rs indicted"
He analyzed the Testimony as to how
goods were packed and sent in the usual
way TO East Orange, and told how &anna
and Bsrnes testified that they oper the
package before they delivered it tfzahe de-
PENDANT He said they found the goods in
the parcel which they tied up and de-
authority whatever. and as he testified
ION his own responsibility.
The Judge, In continuation, said:--
.'Kenna also said he always opened boxes
when he was suspicious about the honesty
of the peonle to whom they were adj
dressed. He opened as many as six to in-
yestigate, and yet Byrnes says he never
opened but one.
Judge Kirkpatrick explained the story
Of Miss 0'Donnell. who said the boy, How
ard Leavitt. was not in the room when
the package was opened by Miss Gardner,
and told the jurors that they must con-
slider the discrepancies IN Miss Gardner's,
Howard'st and Miss O'Donnell's testl-
mony. Il nna and Byrne are also fnte-
rested in ne case, he said, as by their ae-
ton with the packages in their charge
some sort OF a reflection ls cast on them.
open the boxes" said the Judge. They
were simply employed to deliver the pack
ages as they came 10 them, and no right
Whatever to tanper with their contents.
Bear that In mind"
THE PREVIOUS TROUBLE.
The Judge then read from the testi-
mony the evidence of Byrnes and kenna,
in relation to the conversation they mad
about trouble previous driver had with
the Gardeners over q package. He also
quoted from testimony of Howard Lea
witt. Miss Gardner and the O'Donueli girl
witness was believed to be untrutnful
on immaterial matter, his or her evidence
on material facts must be taken with
grain of salt.
The Judge said Miss Gardner acted
with proper caution when she opened the
second box before witnesses. He added
that the Jury must be certain of the guilt
of the defendant as charged, but If the
jurors had any reasonable doubt of her
guilt they must give her the benefit of it.
He dwelt on this point several minutes.
The testimony, the looted boxes, the
bunch OF beaded lace and all like para
phernalia used in the trial were given to
the Jurors, who retired at ten minutes
past ten o'clock.
Miss Gardner was undi5turbed by the
Judges charge and, In fact, heard very
little of IL, as she spent the time chatting
with acquaintance about her. Even
after the jury retired she maintained her
solidity and appeared the least interested
person in the court abont the verdict.
Lawyer Pratt, the advisory counsel with
Mr. Karge, was much elated BY Judge
Kirkpatrick's charge. which he thought
would bring about verdict of acquitthl,
EXCEPTIONS
After the jury retired Lawyer Karge
made several exceptions to Judge
Kirkpatrick's charge to the jury. The
exceptions referred to the points in
which Judge Kirkpatrick said to the jury
that the goods were packed in six small
boxes that the goods reached East Or.
ange in the usual way and with the usual
precaution OF the senders, and that the
O'Donneil WOMAN had said Howard
Leavitt was not in the room when his
cousin Lucy opened the box. LAWYERS
expressed surprise that Mr.. Karge was
not satisfied with the charge Judge Kirk
patrick made.
When Mr.. Karge finished reading his
| bill of exception the Judge said he had
covered all the points to the jury. and Mr.
| Karge explained that the bill had beer
prepared before the Judge made his
charge. Lawyer Karge pointed out thai
| he had made no reference to the evidence
/ of Annie Harrigan, who testified that or
| December 20 Stern Brothers had no bead
| lacework like that which Lucv Gardner
| says she found in the box.
This was looked upon as blunder fol
Mr.. Karge, as Judge kirkpatrick recalled
the jury and explained to them Miss Har.
rigRn's testimony relating to the beaded
lace.