Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1895-03-15
THE GARDNER CASE.
The PLAINTIFF CHARGED 0 ,LY WITH
CARD PLAYING ON SUNDAY.

in April.
Mrs. Gardner said her parents dill not
urge her to leave her husband and return to
them, but she left him abrns the 18th Of
April because thev were not getting along
we'll, and her husband complained Of her
going with Mr.. Everett.
"Did he ever accuse You of being unfath-
full with Mr.. Everett?'
"Not directly I car.e ..JI..e from moth
me of coming home with Mr.. Everett; came
home with my amt"
"Where did Mr. Everett live?"
ri don't remember, think he lived in a
little house alone; a young lady kept house
for him; 1 know nothing about her charac-
ter; she was young; my husband said Everett
was a man no girl should go with; wss in
dialogue with Mr. Everett and also in quar-
tette; I gave up the dialogue because my
husband objected; 1 sang in the quartette.
On the 10th of April he came to my mothers
home in buggy; he came into my bedroom,
where 1 was, and asked me when I was going
home; l said didn't know; he then asked
| me il was ever going home; then said
| might as well tell him: was not going home
| with him. He said he was glad l told him,
and knew what my doom was then. He
had often said that he would kill me before
| I should ever leave him"
Witness said that the threat uunerved her
and she tainted.
Mr.. Rodgers, who is Mrs. GARDENERS father,
heard q dispute over Mr.. Everett. Ida de-
MED that she had walked home with Everett;
Gardner said Mrs Roberts had told him so,
and she could take her - and 60. Most of
the support for the family has come from my
place."
Mr.. Rodgers further stated that Gardner
had worked for him in his store and received
salary of Sl00 per month; he had sent
Gardner to Chicago to purchase goods and
and when he came back he was short in his
money account some 5000. He also init
mated that Gardner helped himself to goods
and money out of the store aud when asked
how much money Gardner took, replied, "He
took it all,''
After the separation Gardner had talked
with him, saying he had made a mistake and
that if Ida would go back and live with Tim
he would join tho Good Templars Lodge and
try to do better.
Stevans testified to seeing Mrs. Gardner
lying on the ground under tree in the
yard Of her fathers house in fit, tearing
her hair etc, after her interview with Gard
ner
THE DEFENSE
Mr.. Gardner was placed on the stand and
stated that he bailt house for himself and
wife with his owe money and furnished it.
Il never threatened to take the life Of my
wife in March or any other time"
Witness had demonstrated with plaintiff
for attending musical rehearsals in company
with others. Several people had spoken to
him about it, They said nothing wrong, but
thought her husband should accompany her
Never spoke a cross word to her in his life
Did not threaten to blow the top of her
head off on April S, 1892; the baby was only
eleven days old at that time; she was sick for
a long time after the baby was born and
could not have attended a musical by April
Sth, as alleged in plaintiffs complaint.
'.Did You come home while she was in bed
after the birth of the child, under the infu |
ence of liquor, and she remons trated with
you and said she would leave you. and You |
said that if she did You would kill both her |
and the cbild?'
"No such occurrence. never drank after |
my child was born.
''Was not at her parents honse the 10Th Of |
April, 1894, when it was alleged that threats
caused convulsve It's. Was in Carson:
cashed a check at the Bullion & Exchange |
Bank; has record of the check. Did not
tell his wife to take her - and go to hell
in Mr. Rodgers dining room. Objected to
his wife taking part with Everett because
the latter was living with woman of con-
ceded loose character.
The defendant admitted on the stand
to the court that he had nothing
against his wife's character, and that
the worst thing he ever knew of her
doing was when she played cards on
SUNDAY, which caused a broad smile
to go round the court room. Mrs s.
Z. Roberts said that the defendant ad
mitted to her that he had not done
right, and that his wife was a good