The San Francisco call., 1909-03-31
STAYS OFFICER
/. ON WHALER IN
ARCTIC OCEAN
Tragic ARRAY Brings Kentucky
Lad Into Dark Shadows
of the GallOWS Tree
Famous Counsel From Blue
grass State Come Here to
Defend Young Gardner

j. E. Gardner a lad of 90 years. con-
in Kentucky. is on trial for his life be-
fore Judge william c. Van Fleet in the
United States district court on the
charge of numbering Joseph Cardoza,
humble mulatto sailor. The slayer and
the slain were in the relation of
shipmates son the whaler Bowhead dur
ing its last turbulent voyage to the
Arctic. Young Gardner shipped on the
cruise in a spirit of adventure and
came back in irons, facing the charge
of murder on the high seas.
In the whirligig of adventurous life
the Kentucky youth became subordi-
nate to a man half negro and half por-
tuguese INSTRUMENTATION was nat
ural consequence. On the foul smelling
decks OF the Bowhead, while the whaler
was Is miles off Point Barrow in the
Arctic ocean, August 80 last, the Ken
lucky boy refused TO obey his colored
officer. He was cursed and struck IN
the face by the negro. A desperate fist
fight followed, in which the mulatto
beat the white boy The murder fol-
lowed later in the day.
DISTINGUISHED COUNSEL
The relatives of the accused youth
are prominent at the Kentucky bar.
Young Gardner's uncles are Chief JUS
tice Edward c. O'Rear of the appellate
court of Kentucky, Judge D. w. Gard
ner of the thirty-second judicial district
of Kentucky and John Gardner, So
licitor of the United States treasury at
Washington, D. C. Those eminent men
were unable to leave their posts of
duty, but sent in their stead able legal
friends, Colonel ]. H. Whallen, H. r.
Pruvitt, chairman of the democratic
state central committee of Kentucky,
and W. A Young, to work with Attor-
ney Parker Maddux, who is in charge
of the case, to save the neck of Ken
lucky boy accused of killing a half
breed negro.
The trial began yesterday morning
with the impeachment of jury. As
sistant United States Attorney Benja-
min Mckinley made the opening state-
ment.
STORY OF THE HOMICIDE
Alexander Peterson, an able seaman
on the Bowhead, was the first witness
called He stated that on the day of
the tragedy Cardoza had been drinking.
The negro ordered Gardner TO loosen a
block The Kentuckian refused. Car
doza was a petty officer in command of
a boat crew, and when Gardner refused
to obey the command the negro cursed
him and struck him in the face. A fight
followed, in which Cardoza whipped
Gardner. The men were separated and
ordered by the captain to opposite sides
Of the deck.
Some moments later according to
Peterson's testimony, Gardner struck
Cardoza over the head with a piece
of scantling while the negro was
bending over coiling a rope Cardoza
fell to the deck unconscious. Later
he regained consciousness and walked
TO his bunk in the forecastle, but died
there before morning
Charles Carbon, a French youth, and
Louis Heideneker, a German, members
OF the crew who saw the fatal blow
delivered, also occupied the witness
stand They told the same story as
Peterson. At 4 o'clock an adjournment
was taken until this morning at 10
o'clock. Following is the jury:
L. Payot, Arthur W. Forbes, Alexan-
der Bergen, H. H. Lincoln, John Fal-
coner, c. V. Heegaard, Thomas c.
Maher, D. R. MoNeill. John Stack, An
drew L. Scott, P. F. Rathjens and
Henry Feige.