The record-union., 1891-10-16
GARDNER CONVICTED.
His Third Trial for Criminal Assault
Results DisastrousIy.
The Jury Took But One Ballot, and
That was Unanirnous-Close of
the Evidence.

Daniel Gardner, the aged wood and
coal dealer, was found guilty by jury in
Superior Judge Van Fleets court yester-
Gay afternoon of having criminally as
saulted little Lizzie Cox nearly year
ago.
The jury was in deliberation only a
few minutes, and took but one ballot
and that was unanimous for guilty as
charged"
This was Gardner's third trial. On two
former occasions, after lengthy trials and
Brilliant arguments, the jurors failed to
agree. It was the general belief that,
should the jury disagree in the third trial,
Gardner would be discharged from Gus
tody.
GARDNER'S CRIME.
The story of Gardner's atrocious crime,
stripped of its disgusting and filthy de-
tails. was published in the RECORD
UNION at the time of its commission. He
inveigled the little 1l-year-old girl into
an clubhouse near MS woodward and as
sauIted her. The testimony was of such
nature that at all three of the trials the
case was heard behind closed doors.
Gardner was quite confident of an ac-
qulttal this time-defended as he was by
Grove l.. johnson and ex-Judge S. Solon
Holl, two of the ablest attorneys in the
State-and conducted himself in quite an
indifferent and careless manner while
he was testlfylng himselfand while others
were testifying.
CLOSE OF THE TRIAL.
The last of the testimony was taken
early IN the forenoon yesterday, and then
the arguments commenced, consuming
the remainder of the day.
District Attorney RYAN made the oDnn-
ing argument for the prosecution, going
over the details of the case and demand
ing that verdict Of guilty be rendered.
lie alluded to the fact that the GIRLS life
and reputation had been blasted, and that
When she grew up she would be pointed
at with the finger Of scorn. An outraged
community, he declared, demanded that
Jlstice be done.
ELOQUENT APPEALS.
Attorneys Johnson and Holl followed
with the arguments for the defense. and
they, too, asked that justice be done their
client He had been made the victim of
eVll-minded persons, had been dealt un-
!dstly with by the newspapers, and was
Innocent of the crime he was CHARGED
With. They alluded patheticalIy to his
CId age, white locks and many misfor-
times, and eXhorted the jury not to be
carried away by public sentiment.
Upon the conclusion Of the arguments
4Ji INC ut4SIS6 MI. IIytln closed Tor the
people. He devoted his remarks prin-
cipally to denying the statements made
by the other attorneys. During his ar
Eument Gardner, whom Mr.. Ryan had
Ieen referring to in forcible language,
Interrupted the speaker, but was quieted
by the court.
The jury retired at 4:3O O'Clock, took
Cne ballot and returned to the courtroom
Ia about twenty minutes. This quick
agreement was the cause of much SIR
I'rise to all who were interested in the
case.
1t was not until some minutes after
Foreman Williamson announced the ver-
dict Of guilty as charged" that Gardner
seemed TO realize that his confidence in
IN acquittal had been misplaced. His
face assumed an ashen hue and he ap-
peared to be completely unnerved.
The jury which heard Gardner's case
consisted of the following citi-
Zens: Robert Williamson, Fred 2. Gage.
J.. b. Mohr, J. p. Eldred, n. J. Brund-
age, Louis Payne, Asa O. Chapman. Peter
planalp, Maurice Leavitt, Jones l.. Clark.
Jeremiah Burton and Dennis r. Hunt