The New York Herald Newspaper, April 27, 1867, Page 5

es ite f NEW YORK LEGISLATURE. Oontinuat’wn of the List of Acts Passed at the Session of 1: ithorizing the assessment of highway rsonville and Monticello Turnpike 122, To incorporate the Samaritan Home for the aged & the city of New York. 128, To enable the Trustees of the First street Presby- “vertan church to donate and convey thelr property to the ‘New York City Mission and Tract Society, E col the incorporation of the Father Total Abstinence Benefit Society of South Brooklyn and the acts of such society. 126. In relation to the compensation of assessors in ‘Whe town of Oswegatchie, St Lawrence county. 127. In relation wo tolls on the Waterloo and Fayette 328. 70 cued the oat im relation to the fees of the Clerk county passed 1865, 58 fo amend chapir 2 the in of IBA to com ‘Dine into one act the several acts relating to city of 130.'To authorize the ci the of the Universalist So- of Whitestown, Oneida county, to sell their meet- Jot and appropriate and invest the proceeds want To incorporate the Laborers’ Protective Union of 140. To authorize the Commissioners of Highways of the town of Ulysses, in the county of Tompkins, to Rapeery pales See purpose of bi ing a bridge and Mt 441. Authorizing the building of a bri in the town of Petersburg, and to levy a tax ey for the 142 To provide for the transfer of certain indigent ehildren of the county of Columbia to the Hudson Orphan bas wy and Association, ity of Livingston to Gx te compensation or wary county ings 1@ compensation or Of the treasurer of said county. 144. To authorize Commissioners of Highways of Piatteburg, in Clinton county, to widen the public high- way at the mouth of Salmon river, on the Pls and Port Jackson road. 145. Rel the interest of the State of New York im certain lands belonging to Cornelius H. Campbell and Mary W. Moon. 148. To wide for the manner of payment of the Boards of ith in the counties of Wayne, Steuben and 0. 143. In relation to equalization of real and personal Property by the Board of Supervisors of Lewis county. To amend the act to condense and amend the sev- eral acts incorporating or relating to the village of Skane- atelos, passed April 16, 1857. 149. To provide for the erection of a new academy building in the village of Homer, Cortland county. 150. In relation to the District Attorney of Rensselaer eoucty. 161. To amend the act to amend, revise and consoli- date the several acts relating to the village of Sag Har- Bor, passed April 18, 1861, 152, To amend section eight of chapter 183 of the Jaws of 1866 relating to the raising of moneys for the 1 in the viliage of Cold Spring, Putnam ceunty. ‘163. To amend the act in relation to the public echools 4m the villago of Watertown, passed April 21, 1865. 154. To amend the revised cuarter of the City of Au- rn. 155. To amend the act incorporating the Rochester Water Works Company, passed Apri! 16, 1852, to increase ‘the capital stock, and authorizing the City of Rochester to aid in the construction of said works, pursuant to sec- tion twenty-six of said act. 186. To authorize the First Presbyterian congregation ef Penn Yan to increase their number of trustees. ant to authorize the Schoo! District fy 4, in the to raise money on its the pur- pose of balding a. school house, nee sti 158. Changing the name of the town of ‘vort Crane, in the county of Broome, to Fenton. 169. To incorporate tne Mount Morris Water Works Company. 100. 1 amend the act incorporating the Union — ‘Club of the city of New York, passed February 16, 1865, relation to acquiring real estate. 161. To amend the several acts relating to the village Genesee. 62. To amend chapter 690 of the laws of 1866, to Provide for the publication of legal notices in the county of Hamilton, passed April 19, 1860. 163. For the relief of the Children’s Aid Society of ‘Mew York, and in aid of the Industrial Schoo! thereof. To aid in the construction of the Albany and Sus- na Railroad. To release to Elizabeth lasacs certain real estate a.) firm certain purchases heretofore made. 168, To constitute the village of Belmont, in the eounty of Alleghany, a separate road district, and to con- fer additional powers the trustees thereof. 169. To amend an wo the Plating Turn- pike Road Com ', passed April 9, 1831. 170. In te the Norval and Training School in ‘the city of Oswego. 171. Author: the repairing and improving of Clin- ton sireet, from Fulton street to Second place, in the ety of Brooklyn, and for the asseasment and collection “ Senensing the Union Village and Johnsvilie Railroad Company to use fifty-six pound tron rail, ‘and to authorize them to charge arate of fare not ex- tle. “7a fro amend the act to provide for the erection of town ball in Jamaica, Queen’s county, passed April 9, 174. To refund to the Cornell University the amount paid by Ezra Cornell to the Somes Sey S Seneca, i to section six of chapter 635 laws of ad an act for the incorporation of the road Company, and to authorize the band railroad from the vill to the cbanenhes Junction, pamed Apel the charter of the village of New to i 3 3 5 FF slat g Be gsekes i Ril i i ; 4 F at 5 i | z i ii ebit ie acl i i i f i r S fi a estels fie F oF i i i | i belie irtez i i BE i i Patst fi i i ! § ! e 2: if eae i 3.5 ee incorporate the me nites i! J | & M1. Ih relation to the Crier ofthe Superior Court, of of Brookiyp, as lies west of Gowanus can‘a), and between the north of First and the rags ‘of Fourth streets, in said ward and city. ty of James Wallace, an alien, the tie ta land county health in the city of Al- remains from certain to meet the present indebtedness of said 219. To permit the Harmony Manufacturing Company to buil cestain Walle of Caney oWh ekpanse 60:the Danks Erie canal, in the village prove cerita lands owned by the State 220. To incorporale. the Alert Hose Company, in the To authorize the city of Oswego to borrow money ci of the toatl debt of said city, of Waterville Com- said cemetery, and and to im- joining the for the 222, To provide for the security and payment of cer- debtedneas of the town of Onondage, in the county the name of “The Students’ Aid Asso- lew York Free Academy.’’ ). For the relicf of Thomas B. Clapp, late overseer town of Mount Morris, and to authorize the of Supervisors to hear and pay his claim. 231. To amend the charter of the village of Johnston and the several acts amendatory thereof, and to extend the boundary of said village, 232, In trict, relation to the Niagara Frontier Police dis. — Chenango the Utica, Chenango and Susquehanna Valley Railroad, passed April 4, 1866. 235, To amend the act to consolidate ward districts Nos, 18 and 19, in the town of Ledyard, Cayuga county, ‘and to providé for the election of Postmaster in said dis- tricts, passed March 14, 1853, 236. To legalize’ a special town meeting held in the town of Ellicottville, Cattaraugus county, on the seventh day of December, 1866. 237. To authorize the Third Avenue Kailroad Com- pany, | to lay a switch in One Hundred and Thirteenth str 238. To amend chapter 503 of the laws of 1866, en- titled an act to improve the Albany basin, In the city of Albany, and to provide the means therefur. 239. To legalize certain acts of the Niagara Falls Sus- sion Bridge Company, and to give additional privi- jeges to said company. 240. To amend an act to revise, amend and consolidate the laws in relation to the village of Norwich, in the county of Chenango, passed March 857. 241. To amend sections 3 and 17 of an act to incorpo- rate the Masonic Halt Association of the city of Buffalo, passed May 1, 1865, 242. To release Bonaventura Multruff of the interest of the State of New York in certain land in the town of Southdeld, Richmond county. 243. To amend the act to incorporate the New York Coll of Dentistry, passed March 31, 1866. 244. To amend an act to authorize the raising and re- ‘ing ofa public highway in the town of Flushing, ‘April 4, 1865. 246, ‘aa act to incorporate the New Rochelle Savings Bank, passed April 24, 1865. 246. To amend the charter of the villago of Butts, in the county of Steuben. 247. To amend the act of iopepeention. of the Ulater County Savings’ institution and the acts amendatory thereof; passed April 23, 1863. 248. To amend the act passed April 11, 1860, chapter 269, entitled ‘“‘an act to amend an act auth igen} the formation of corporations mining and chemical purposes;”” passed February 17,-1848. 249. To legalize and contirm the official acts and pro- ceedings of the Board of Commissioners of Excise of Erie ats 260, To incorporate the village of Holley. 251. To complete the high service water works at Car- mansville, in the city of New York, and to provide means for the same. ‘252. In relation to the village of Gloversville, in the town and to enlarge the boundaries soldiers who have be ee a dhe hed service of the United States, and for the of the military agencies as now established. 256. To prevent obstructions upon the piersand in the city of New York and to the use of the slips and waters adjacent thereto. i. To release to Hentry W. Wickes to- Severe of the arene the State of New York in and to certain lands in county of conveyed to bim i ge i i in i j f ] i i : 5 i 5 i g ! f 2 = i F He i i : SEE ul | aka if I i z 3 i if % 7 i i ai i Hej i i a? e i £ Hf sf i | : i i j it i it p i i i i 3 | i i f 3 i : tL Ps 33 | e Be 4 ! § i | Tia B i i : : i 3 & f i i i : ; | Hi i ij li : i E hs i I lh | : il ete ai it i it HH hE : i ! 4H lil i it | f i i : ' : : iu i f 3ee : g j li il et Ree if 2 it i he | i i ry 3 BE A li ie ip HE I : 5 £ f To amend an act to tacorporate the city of Pough- March 28, 1854, pony bypchey Moder puoeiges the 1st day of October, 1867. authorize the construction of an iron bridge ‘henango Canal in the village of Clinton. 302 To authorise the construction of an iron bridge over the Erie Canal in the village of Brockport. 303, To amend chapter 731 of the laws of 1866, en- titled ‘Am act to provide for the construction of a swing bridge over Creek feeder.” ones sescees int Al amend an act entitied “An act to inoorporate the Cayuga and Road Bridge Company, passed April 18, 1843," THE NEW YORK COUNTY TAX LEVY. Items of County Expenditure—Interesting De- and Common Council to the Metropolitan Police Commissiouers, &c. ‘The following isacopy of the tax levy now in the hands of the Governor, awaiting his signature, It pro- vides for the following :— Gare’ and tialuieuanoe of Gols's’ Third’ ‘avenue bri gs 5,000 8,000 29,000 40,000 '800,000 80,000 78,700 90,500 33,000 5,000 85,000 1,200 15,000 20,100 515,306 38,300 186,000 not $5,000 per annum, and that of the bay 4 Comptroller to be $3,000, to take effect January Sataries—Judicial department. ... Support of prisoners in County Jail. Sup) of detained witn ease eee eens To oat uperintendent of jidings, being amount due’ with interest: for ealasien of - three inspectors and clerk, appointed under an Pad to regulate the storage of crade petroleum, 6,603 i and Corrections, to purchase a site and erect a building for their use, the sum to be deposited with the Chamberlain by the Comptroller to the credit of said Board, and subject to their draft immediately after the passage of this act... ..100,000 To provide for copying lien dockets, lispendens, sheriff's sales and dockets of judgments in office of County Clerk, the same to be done under the direction of the County Clerk...... 10,000 To pay ex; of compiling records of sharehold- ers of KS and personal estate for the year 1866, as authorized by Commissioners of Taxes and Assessments. 4,000 For completion of + 87,000 Aaron J. Vanderpoel i fending the Police Commissioners and police in 848 mjunction actions and suits, during the summer of 1866, and growing out’ of the en- forcement of Excise provisions,....... 12,720 To pay rewards for incendiaries, in pursuance of resolution of Board of Supervisors, passed December 2, 1864, Comptroller to pay the same on certificate of District Attorney of the arrest Of the offenders.........+.cssseseeseee 5,000 The sums above appropriated shall be applied only to the objects and purposes specified, and neither the Board of Supervisors, nor any officer or agent thereof, shall incur any liability, or make any contract or contracts, or Permit, or vote for or authorize, audit or allow, directly or indirectly, any expenditure for any of the objects and purposes specified, the aggregate of which shail ex- cced the sum appropriated for such purpose. And the Board of Supervisors are prohibited from creating any new office or department, or increasing the salaries of those now in oifice, or their successors, except as pro- vided by acts of the Legislature of 1867. Any obliga- tions or indebtedness contracted in 1866 or prior thereto are not to be paid out of the amounts raised by this act, except such as are expressly directed by this act. The County Treasirer is entitled to revive and retain the same fees and compensation for his services as he was authorized by law to receive in the year 1862, not to ex- ceed $10,000 per year, Section five provides that there sball be a central office in the city of New York, to be known as “the Central ment of Metropolitan Police,” and there shall be @ central office in the city of Brooklyn, to be known as ‘the Office of Inspector of Metropoli- tan Police.” And the Board of Metropolitan Po- lice are authorized to apply any surplus moneys which may re:nain from funds contributed by county of New York to the Police Fund toward procuring such “central department of Metropolitan Police in the city of New York,” and the surplus funds contributed by city of Brooklyn to be applied toward procuring such “office of Inspector of Metropolitan Police” in Brooklyn. Section six provides that the Board of Healt ae » hereby authorized, trom acting el ate ll 38 i 3 2 5 fe EY fi i i i if | : oF a8 E jam at Bi: lum, within sixty days after the passage of this act, exe- shall recerve for compensation im collecting such license fevs and fines the sum of $1,500 per year. Section seven provides that the Police Board shall have authority to offer rewards to induce ali classes of persons to give iniormation which shall leat to the de- [ | i i H Hi z f i My Hi iz it I i t : : id | BE uy it ij i | l ! | E ‘ i E H : tr} # i 2 I é = 2 i Z i i i | ; i i i ] : J i tt i i i = ti aT t power and 4 that of ‘Com- a eT on por shall auy permite, be granted 16 any Sersoi or Street sidewalk, pir, whatt, Walkhcad’ of" ping Beans uty. Mi cranidoen' Se selaelen 10 oF concerning the t } i Hi fi i i iv if [: Enea coe ren Seruatng eed of os oe or, et, er Petice force, at all timesof the might, within Seberepp iti, bast ur age pre the district, and with or without warrant to arrest all per- sons guilty of violating any law or ordinance for the or punishment of crimes or offences, empowers the Board of Police to spend not more than $100,000 out of the excise money re- ceived from ticenses during the year 1866 for the pur- pose of rebuilding and repairing station houses in the pounty of New York. The oard shall deposit all funds of the commission in such bank or banks as will the highest rate of interest for running balances, the to be designated by resolution of the Board. Section sixteen provides that the Board of Police are hereby constituted trustees of the “Life Insurance Fund,” and are authorized to pay out of the fand an amount not exceeding $300 to the members of the forco disabled in the discharge of their duties, and in case of death by injuries received while discharging their duties, the annuities shall be coutinued to the widow and chil- dren, of both, ag the Board ne Section seventeen provides that the Board of Police shall keep a proper book of record, and cause to be registered the name, number and description of all boats and vessels for which licences are issued, with the name and residence of the owners thereof, and the applicant for the license, the purpose for which the boat is.to be used, &c., for the expense of which they shail demand and receive the following tees:—To attend and bam. junk $10 carrying ors $10 each, for each, whieh shall be'm lieu ot any now paid to the ust authorities; for any iness purpose not herein specified, $3 each, and for all boats kept for hi all oyster and fishing boats, rivate pleasure boats and yachts, $1 each, before license be granted, which sum shall be paid into the fund from wilich the rer Metropolitan Police are paid. the other sections provide that every boat 90 regis tered shall have the word “‘Jicensed’’ painted in some conspicuous wipes but any pleasure boat or yacht shall instead have a private device or emblem which shall be filed in sata Any person using a boat without a license, or without having the word “licensed” dis- played or emblem filed, or counterfeiting the same shall be ay of @ misdemeanor, and if convicted shall be subject afine of not less than $100 nor more than $500, or by imprisonment not less than one month nor more than six months, or bygboth, and shall forfeit $50 io addition thereto, to be sued for and recovered by the Commissioners of Folice, and they shall have power to seize any boat so used as security for the payment of the penalty, and, if not paid in ten days, the same may be sold at public auction. No person except an owner, or be sp apd or licensed pilot shall be allowed to go en board of or communicate with any outgoing or incoming vessel in the waters of New York, or within the district, without a license from the Board of Police, which license way be reaewed from year (o year, for which license or renewal the Board shall receive $5. Permits to owners and consignees, or their agents, to be granted on payment of a fee of $1. A written permit trom the captain of a vessel is neces- sary to allow the landing of any sailor, freight, baggage or any other property. All license fees and penalties collected, and the pro- ceeds of the sales of boats, &c., seized, shall be paid into the treasury and placed to the credit of the Metro- politan Police fund. This act excepts all boats or vessels of the United States, or any boat used by apy public officer in the discharge of his duties, or any ferryboat operated by steam, or any foreign ship or vessel, or row- oat belonging to the same, or any canal boat or any yawi boat beloncing to any registered boat, or any boat Used by al licensed pilot. a6 acai ‘Boats to carry passengers to and from vesael be located at such points apd in such tumbers as the ship- ping interest may demand, not exceeding ten at any one pier or stairs, and all such boats shall be of a uniform color, and all junk boats shall be of a uniform color, as the Board may direct. No license for carrying passengers will be granted to persons applying for one, unless he be a competent boat- man, @ citizen of the United States and owner of the boat to be used; nor to any person using a junk boat un- Jess he be a citizen of the United States and a resident of the Metropolitan Police District. Boatmen licensed to attend shipping and carry passengers shall wear a badge, to be provided by the Board, and to be returned to the Board when he ceases his business, and he can employ an assistant to manace the boat, to whom the Board will issue permits, to be renewed from year to year, for which permit or renewal the Board may de- mand a fee of No license or permit shall be transferable excopt in case of sickness or disability, when the Board may in writing permit another person to act during such sick. ness. Nothing in this act shail be deemed to contlict in any manner with the Quarantine laws, or the rales and regulations of the Healt: Oilicer of the port of New York; nor shall any permit or license granted by the Board authorize any person to visit any ship or vessel under quarantine without the authority of the Health Officer or Board of Heath. ‘The placing of any obstruction at or around the land- ing of the staircases at the terminus of the Harlem and Coles bride shall be deemed a misdemeanor, punishable by a tine of not more than $26, nor less than $1@ The Comptroller of the city of New York, Chauncey M. Depew, Benjamin W. Bonney, Lewis B, Woodruff and H. Martindale are hereby created a Board of Audit, for the adjustment and settiement of all legal or equita- bie claims and accounts outstanding prior to January 1, 1867, against the county of New York, who shall deter- mine, under oath, the amount due on each claim, and shall ee to the Board of Supervisors of the county of New York the sum allowed by them and the reasons for euch allowance; and the Board of Supervisors are directed at their first rogular annual meeting to caus> to be raised by tax upon the estates, and real, within the said city and county of New York an amount. sufficient for the payment of the claims 80 certified to (and legal ex- ny hereafter mentioned,) by a y of said joard of Audit; and all rsons herb | claims against the county now =o | are required to present the same to said Board of Audit within three months from the passage of this act; and any having any de- mand against the who glecie or refuses to pre- sent the same to the of Audit within the three hs, i be barred from the prosecution or main- to any such claims. of Audit are authorized to employ a clerk, atasalary of dive dollars aday, while engaged in the matter; also to issue subpoenas, with dus tecum, if neces- sary, administer oaths or aif and report im writing to the Board of Supervisors, which report shall be final upon such claimants and upon the county of New York. Any claims against the county found to be correct bj the Board of ‘audit sball, be Paid the amount \- filed in the report v4 the Compirolier of the City, and the Comptrolter shal! for, all legal expenses incurred by the Board of Audit, or in his defending suits now pending or hereafter to be brought against him by reason of his official action, Nothing ber.in contained shali be con- strued to affect any claim upon which suit is now pend- ing, and in cases where evidence has taken in ceedings t» recover said claims at Jaw, the said claims shall be heard and dotermined by said Board of Audit ‘upon such evidence apd such additional evidence as may be offered. The Board of Audit shail receive $10 per day for each day of actual service. The is bidden to hear or settle any claim upon which an action at law could not be brought at the time of the passage ‘this act by reason of the statate of limitations of time commencing civil actions in this State, or whic! been rei by any court or jadge for some other than the want of an app’ i Ege : i z j 3 i counted as apy part of mencing ap action on such claim. ‘This act shall take effect immediately, FUNERAL OF THE LATE EX-ALDERMAN AYERS. The members of the Common Council and the Masonic fraternity yesterday paid the last sad tribute of respect to the memory of this gentleman, who during the years 1863, 1864, 1865 and 1866 represented the Ninth ward in the Board of Aldermen. Daring the entire day the fiags of the City Hall and ‘boards, employes and others assembled at the City Hall, ‘at twelve o'clock in carriages to pk hero aa impressive Was delivored silt uit H i i ae ; ‘ i H Sd 4 HG : Hy Pe i NEW YORK HERALD, SATURDAY, APRIL 27, 1867—TRIPLE SHEET. THE GARDINER WILL CASE, The Testimony of Contestants Completed— ‘The Political Divist in the Family, &c. The further examination of witnesses in the case of David L. Gardiner and another ve. Julia G. Tyler et al. was continued yesterday at the Richmond County Court House, Staten Island, before Judge Lott, of the Supreme Court, and a jury. Davia L. Gardiner, contestant of the will, was re- ¢alled to the stand and examined by Mr. Brady, who showed that the profits of witness in California were $8,689, and that with $5,000 of this money he pur- chased his Northfield farm. The proper documentary evidence was produced to prove this fact. Clinton Gilbert, cashier of the Greenwich Savings Bank, testifled that David L, Gardiner paid $3,000 and then $4,037 ob a mortgage of $7,000 for Mrs. Gardiner, TESTIMONY OF MARICH KELLY. Marich Kelly, called as a witness by contestants, be- ing sworn, said:—I live in Brooklyn with my friends; I am not married; I lived with David L. Gardiner, taking care of his children; I lived at the homestead at Castleton ; there were three children; I went there the 19th of June, in 1863, I think; I remained there one year; when they left there I left; Mrs. Tyler when she cam on from Virginia brought on two children; the. others were here before; after her arrival she took charge of the household; she bad the keys of the house and tne direction of affairs generally; Mrs. Gardiner during all the time seemed to be very feeble and passed most of the time in her room; I had some conversation with her; Iheard Mrs. Tyler and her speak; I heard Mrs, Gardiner say that Mrs. Tyler was very poor; that ie lost all her property by the war; I do not re- member what Mrs. Tylerjsaid to her mother; I some- ‘times heard Migs Julia play the piano and sing songs; she used to sing the “Bonnie Blue Flag;” Mrs. Tyler would sometimes be in the;dining room, with the folding doors open; the dining room was next the parior; sometimes I have seen flags waved around there; I think they were rebel flags; I saw a flag on a Christmas tree; I don’t ‘think it, was an American flag; there has been a dispute between Mrs. Tyler and Mr. Gardiper and the children on political questions; towards the last Mr. Gardiner dined in his room alone; I have seen the spells of coughing and vomiting of Mrs, Gardiner often; she would vomit and scream, and seemed to be distressed; bod ae weaker ail the time; she went to New York oc ; Mrs, ‘yler often went to town; she took the carriage; I beard iss Julia call ner uncle a black buzzard often; she used to call him one of Mr, Lincoln’s hirelings; she was about fourteen years old then; I heard all the children call him these names; before Sirs. Tyler came there Mr. Gardiner and his mother were on good terms. Cross examination—I lived in that house from June 19, 1868, to February 10, 1864; that is all saw of what went on there; when I first went there Mrs. Gardiver slept in her own room, and Miss Julia slept there and two of the chilaren; in the other sleeping room on the sane side of the hall were the rest of Mrs. Tyler’s chil- dren; Alexander also and Harry Beekman; Mr. Gardiner and bis wife occupied a room opposite’ his mother’s room and myself, and their children slept in the other room; in 1863 Mrs. Tyler came and brought the two younger children; they were a little girl and little boy; they occupied the room that Alexander once had, she and the colored maid; the two young children were also there; Alexander and Harry Bookman went into a small room; Harry and Loney went into his grandmother's room; Dayton took the little room over the hall; 1 be- lieve Harry Beekman was inthe grandmother's room, too; Mrs. David L. Gardiner had her meals sent up’ to her room most of the time; she was sick; Mr. Gardiner had his mea's sometimes sent to his room; he ate his Christmas dinner " in his own room; he took his meals with his wife; when we left the house we wont to Mra, Tuomp3on’s, Laiayette place, New York—a pretty large house; there were four young ladies and two iy men there aud the father and mother; we had ail to occupy one room; Mr, Gardi- ner did not stop there; I have heard Miss Julia sing the “Bonnie Blue F ag; she sang beautifully; she was not in a long dress; ! tiked very much to hear her sing; I don’t think David's wite liked to hear ber sing; I don’t know whether or not Mrs. Gardiner liked her to sing that kind of songs; sho sang rebel songs and other songs too; I have seen young Mra, Gardiner run up stairs when Miss Julia sang; 1 used to bo down stairs with the echildron; the children used to dispute when out playing together; they didn’t understand about North and South ; the: ed, ther like other cousins; 2 have heart Miss, Julia call Mr. Gardiner black — buzzard to me, buat not to his face; the children would call ther uncle names amon themselves; none took their uncle’s side; Ido uot thin! Beekman over interfered; I knew a black buzzard was some kind of bird; I didnot think much abont it; Mise Julia was a good, nice girl, and was laughing all the time; I never beard her say anything cross; the flag on the Christmas treo was a very small one. The contestants here rested their casc, and witnesses for claimants were then called and examined, ‘TESTIMONY OF ADELINE SNEDIKER. Adeline Snediker, called and swotn as e witness for claimants, said:—I reside at Islip; I resided there in 1864; my husband keops a hotel there; I saw the late Mra.’ Gardiner; she came to board with me in 1864; she stald nearly four weeks; I often had conversations with her; she was weak physically but not mentaily ; she wanted to retura on account of family troul in ence of Mra Tyler and her misfortunes; al said she woul make them comfortable; she would provide for her daughter as liberally as she could; she left in September; Mrs Tyler visited her three times while there; on one occa. Cross-examined —She was ill, bed and make her toilet; she walked from the carriage, but I do not think she took a walk she had suffocated from the difficulty in the throat; I received ter {rom Mra. Tyler, asking what her mother bad said, that was (ue (rst intimation | bad of becoming & witness in this case, TESTIMONY OF DR, JAMPS RICK Dr, James Rice cailed and sworn as a witness for claimants said—I am a physician, and have been for forty years; I was at Islip in 1864; 1 saw Mra. Gardiver there; I was called to see her as a physician in August or September in 1864 at Mra. Suedicker’s house; Mrs. Gar. diner was feeble and suffering {rom bronchitis; I saw her eight or ten times; I conversed with her; her mind was clear; she spoke of Mra, Tyler's misfortunes in the South, and said she had enough to make her comfort- able, Cross examination—I saw nothing serious in the con- dition of the lady ; I prescribed anodvnes; I did not hear of her death wit surprise; she told ‘me of having ad si uiated hernia; she vomited two or three times while under my care; the mucus in the throat uced Nausea; the vomiting did not come of beruia, I think hernia had no effect in producing her weakness, ‘TRETIMONY OF JUDGR poe ptm os Judge Roosevelt being called and sworn sald:—I know Mra, “Secainer; I ‘onaks acquainted with her many ‘TESTIMONY OF LOUIAA COOPER. Louisa Cooper, calted as a witness for sworn satd:—I reside jew York; cq: with Mra, Gardiner in 1861; I saw her afterwards; her at her own house; I visited her; she visi Drother-in-law; the acquaintance I bad was of the daughter; I had conversations with Mrs. Gardmer at Mra. Striker'’s hoease where she was | 5 ness by claimants, said—I am the wife of feted fi became acquainted with Mix see Roe rs. Gatdiner in New ¥ and mot her again in Washington 1842; my bi was then a member of Common 8 lived there, and Mrs. Gardiner was there: T fot tye conversations with Mra, Gardiner in 1862; 1 knew there was a strong attachment between Mrs. Gardiner and her daughter; she came to me to see f 1 could assist her to get ‘&@ pass to go down to see her daughter or get one for er danghter to come North; Mrs. Gardiner was a re- Satay brilhant wousan, and one of strong mind and wi TESTIMONY OF PERCY GUSTAVUS MAJOR. Percy Gustavus Major, sworn, said—I am a Hanove- itor of laws and es teacher; I have taught the aoa Gardiner, Miss Julia, Beekman randsons; I was employed by her to educate them; I Batiove, in 1863, I saw Mrs. Gardiner in her house, down sairs; she said, “all the property will goto the Tylers, that is long since settled.” Cross-examination—I am a graduate of Gottenham and was royal judge and doctor of laws; I came here im the ship Gaston, sixteen years ago; | was a cabin passenger; I learned bookkeeping in New York; I cannot tell why Mrs. Gardiner confided in-me 80 mnch as to tell me this; She sald, **Not afoot of this property goes to Henry ; all of it goes to the Tylers or Mrs. Tyler.”” ries TESTIMONY O° GUNRROE, MARAT. ee. witness, aw was employ od eared to tan cl are 4 her “ in May, 3 she asked me to continue the agengy of her prop- erty, which I did; I had taken of it before from alge I reer om L. Gardiner Ling want make a lease; leposited the in the name of David Gardiner; he Teaned ime ‘the letter of dismissal in February, 1864, and asked me if I thought the interlineation in it was not of the same handwriting, and I told him [ thought it was; I saw Mra, Gardiner last in the July or August preceding her death, but saw no difference in her health. Cross-examined—I was under the direction of David L. Gardiner until May, 1864; I supposed him to be the owner of the property. REV. HORACE PRATT. This witness, beng sworn, said—I am an Episcopal cl man; rector of St, Mary’s church; I had known Mrs. iner five years; she wag a commanicant of the church; I used to see her about oncea month; I saw her ten days before her death, when she seemed to be enfeebled, though her mind was clear and vivid; she had much more than the average culture and a vivacious intellect; I had conversations with her in the winter of 1862, when she talked of her daughter Julia, and spoke pasiousiy of her being left alone with a large family in irgi Cross-examined—I have heard her talk of spiritualism ; she said she bad examined into the subject and derived some comfort trom it; she remarked once that her mind had been so unsettled about what she had soon of spirit- ualism that she had remained away from the Com- munion. TESTIMONY OF LOTT C. CLARK. This witness, being sworn, said—I am a lawyer in Castleton; I was Mrs. Gardiner’s legal adviser, and saw her very frequently; I had no acquaintance with Mra, Tyler until October 3, 1864; I received a letter then from Mrs. ‘tyler, with memoranda, asking that a will be drawn up for Mrs. Gardiner in accordance therewith ; I went to Mrs, Gardiner’s house the same evening and saw Mra, Tyler, who told me she had sent the letter; I told ber I should have to see the testator personally; she said it was too late that evening; Icalled there next morning, and went to Mrs. Gardiner’s room; I found her in her bed; she was more emaciated than when I last saw her; she said sho had sont for me to draw up the will; she asked if Mrs, Tyler had sent mo instruc- tions, and I said she had; I told her in regard to the provision which gave Mrs. Tyler the income until g ernment made restitution for her losses; that it must be limited as to time, and’ so it was nade for durng life; 1 told her two witnesses were required; Mr. Dayton and Dr. Clark were the witnesses; there was nothing said on the subject of her immediate death; I received no instructions from any one except Mrs. Gardiner; I drew the will in accordance with those instructioos; I was to be back at five o'clock; when I went to my office I met Mr. Dayton there, who told me I must come at once, as Mrs. Gardiner bad been taken suddenly very ill; L reached the house at one o'clock; I asked the Doctor if Mrs. Gardiner was ip a condition to execute the will, and he said she was; I requested Mrs. Gardiner to BY attention to the will while I read it; I requested Dr. Clark to hear it read; she assented to the will in each of its parts; when I read the part which gave a more liberal provision to Mrs, Tyler, she expressed an emphatic ap- proval, because of her losses in the South; dirs. Tyler assisted her to rise in the bed by patting her hand on her back; I got a book and’the pen and ink were brought; she put on her glasses herself; the will rested on a book in her lap; she then signed the will; the attestation clause was also read and signed; her mind was ciear when she = me the instructions; I beard of Mra, Gardiner’s death next aay. Cross-examined.—Mrs, Gardiner had entire confidence im me so far as I know; I never heard her mention the subject of a will before this occasion; I did not know that she had been looking aroand the country for avother lawyer to draw up a will; I had received no other note from Mra, Tyler prior to the death of Mra Gardiner; nothing was said by popes a about the pro- ‘iety of sending for David and of giving him notice of Ee sickness or her intention to make a will, TESTIMONY OF HENRY BEBEMAN. This witness being sworn said:—I am eighteen years of age; I am the grandson of Mrs. Gardiner; I went with Mrs. Gardiner to Virginia after Mra. Tyler; we brought ber on with us; I heard of the occurrence ‘with the cigar; Lonty saw cousin Julia after it was over; I saw her in the bal! crying; her nose was bleeding, and she was bleeding at the mouth, I thought; portions of = cigar were on her lipa and under her nose; Mrs. Gardi- ner took her up st ; I saw David; she said, “How you treat a sister's ctnld in thet way?” he'said, ‘I dare will teach her how to smoke my cigars:”” he did not say it in a very angry ence with Alexander; old; when tone; I was present at another occur- he was fifteen H HE they Mr. : : E F A i iit apes bases He Fy gEegergens! $ FI 3 knoes trying to get into my grandmother's room; room on another occasion—Mrs, Ty! eS FA Hi ze, but it did not atch; Gardiner again, but some one told Loney not to go. when Gardiner eeized him by the throat and shook him; Alexander then rau at him, and Gardiner seized bim roughly and held his head back; my aunt came down and my grad. mother screamed and cried murder and pulled bis hair to et hia off; bis wife him to let him go, and then je did, he struck Mrs. ‘Tyler several times so that her face became biack and blue; I saw no one come at Mr. Gardinor with a poker; I don’t think anyone struck him; I nover heard apy insulting songs sung; I sup; it would benefit me if mother’s will was eet aside; 1 would then get one-third of the estate; ‘Cross-examined—I was in Germany tn the fall of A} joined the Tyler side of the quarrels; the affair with Julia crea- ted a division in household; the children were araid of bim after and so was; there or was but Journal in the Country. ‘The Warxiy Herat for the present week, now ready, contains a beautifully written story, in seven chapters i “A BUNCH OF VIOLETS.” Porrny.—‘ Bapeswaipe’ Wess," ‘ Fipmurr,”” It also contains :—The very Latest European News by the Cable and the Mails up to the hour of publication, including all the important intelligence concerning the Franco-Prassian Imbroglio, the Reform Question in Engiand, European comments upon the Cession of Russian America, the Tornado Difficalty, the Eastetn Question, the Fenians, Ac. ; Our Washington Denpatches, embracing Special Keports of all Matters transptring at a