The Big Sandy news. [volume] (Louisa, Ky.) 1885-1929, 1909-04-23
GARDNER ACQUITTED.
MagOffin County Young Man Cleared
OF Charge OfMuTdGT in San
Francisco.

Eugene Gardner OF Magotfin, and
who is coDnected with several prom.
inent Kentucky families was nc.
quilted last Wednesday afternoon OF
the chargeof having murdered Joseph
Cardoza, colored boat steerer, OF
the whaler Bowhead, who was killed
while the vessel was in the Arctic
Ocean.
The jury was out over twenty-five
hours. Gardeners plea was Eelt-de-
Tense. This was the second trial
in the Circuit Court, the former jury
having disagreed.
The trial of Gardner was one of
the most remarkable ever witnessed
in the Federal Court of san Francisco
Crowded with fashionable folk, in
Guiding many ladies and many Ken
tuckians visiting the State, The story
of the tragedy was unfolded amid
breathless interest. The case was up
I'LL for the attorneys from the Blue
grass State, as they had little time
to prepare the defense, while Unted
States District Attorney Robert Dew
lin and his assistants had worked
out the details of the prosecution
Ior many months, but they made va
liant fight with clear portrayal of
the facts surrounding the killing.
and were soon confronting the State
from various coigns of vantage.
Young Gardner was denounced as
a young hoodlum who had wantonly
killed harmless negro in a COwardly
manner, and his hanging WAS pre-
Gicted as fit punishment But when
the attorneys from his home State
jumped into the breach and explained
things as they really were public
sentiment changed to sympathy Tor
the Kentucky lad among strangers,
who had removed 4 worthless life 20
save his own in obedience to the
primal law of self-preservation.
The Hon. w. A. Young proved a
revelation to the California court is
the Kentucky attorney of to-day
His eloquenCe and tactics differed
from those of the California lawyer
and the contrast attracted judge and
jury from the commencement. Imslr
Of vehement exclamation of innocence
explosive denunciations OF adverse les
tlmony and wild oratorical GanDr
ings for an acquittal, as was expected
ty the court in his argument for
the defense, he adopted simple, elm
temperate methods, combining cold
logic with aconfdientia heart-.o
heart talk to the jury, and, before
he was half way through, the jurors
were manifestly captiyated by the
spell of his magnetism, seeing things
an they really happened on the whaler
wpen Gardner and the negro ended
their differences. Young's closing
appeal for the defense left nothing
unsa i'd and little to be said by Dis
trjct Attorney Delvin, who followed
for the prosecution, and whose rttu-
esoue reviewing of the case for the
State failed TO break the spell
This young son of Kentucky
struck THAT negro to save his OWL
lite, declared Young. 1t was an
elementary \act of self defense. At
ter being beaten into insensibility
once nv tbis\ black assailant, it was
perfectly natuEal that Gardner see
ing Cardoza Ginning after him with
an uplifted HAMMER would protect MN
self even if he mad 10 STAY. There
is not a contemplate snake Crawls,
tlat is not provided with a weapon
Of self defense. ms was nothing
tut self defense, ard we VIII STAND
on that plea
Gardner started for Kentucky os
soon as he was discharged from
custody.