that, as an active member of the military, Gardiner was not subject»
— to-the-eivil tawbut-should be-tried by—a—eourt re-Supreme—
Court KMAKKXEWEX ruled against Gardiner and superseded the writz of
certiorari, remanding the case to the lower court for trial where he ~
was, convicted and sentenced to die, ,_ The case was again appealed and
affirmed. Prior to his execution, Gardiner made a confession in. which
he said that he had lured Mulock into the woods with the intention of
robbing him to obtain money for his girlfriend.; When Mulock resisted
the robbery effort, he attempted to shoot him but the gun misfired
and he then bludgeoned him to death, Gardiner admitted that he had
obtained over $100 from the a@orpse, all of which he spent within the
next four days in carousing with his girl, He was hanged before 200
witnessks from a scaffold constructed behind a 16 foot high fence in
the jail yard at Elmira on March 1, 1867. He made a brief speech from
the scaffold inwhich he admonished his listemers to be good Chris -
tianse when the trap fell, all of the strand but one on the rope
broke and his feet touched the ground. The rope was pulled up, the
break spliced, and he was Left Tica to die of stfangulation,
PE ph) i iC
y fe Fayre i
ean =a TR'S CRIMINAL REPORTS? 143 and - ga MY SMES ¥18- (666-2)
NATIONAL POLICE GAZETTE, March 9, 1867 (page four) <2uo 4; Whe Malye
4 brand, Chin, Whare Jorby Ave ded [pei UG finge
that, as an active member of the military, Gardiner was not subject -
—to—the-ceivil law _but-shouldbetriedby—a—court—martial,—The-Supreme—
Court KMWERHKWKX ruled against Gardiner and superseded the writx of
certiorari, remanding the case to the lower court for trial where he
was, convicted and sentenced to die. «The case was again appealed and
affirmed. Prior to his execution, Gardiner made a confession in. which
he said that he had lured Mulock into the woods with the intention of
robbing him to obtain money for his girlfriend.. When Mulock resisted
the robbery effort, he attempted to shoot him but the gun misfired
and he then bludgeoned him to death, Gardiner admitted that he had
obtained over $100 from the morpse, all of which he spent within the
next four days in carousing with his girl, He was hanged before 200
witnessks from a scaffold constructed behind a 16 foot high fence in
the jail yard at Elmira on March 1, 1867. He made a brief speech from
the scaffold inwhich he admonished his listeners to be good Chris -
tians. when the trap fell, all of the strand but one on the rope
broke and oe feet touched ae ground, The rope was pulled up, the
) hanging to die of stfangulation,
ERER'S CRIMINAL mIP ORS: ALY Sites. 4S ECCO-L)
NATIONAL POLICE GAZETTE, March 9, tee (page four) e240 hy Whe alive
Girls Oa, Ware flsoahy Ateaded [Poe CH pec,
that, as an active menber of the military, Gardiner was not pa
Court pane ruled against Gardiner and superseded the oie of
certiorari, renanding the case to the lower court for trial where he
was, convicted and sentenced to die, <The case was again appealed and
firmed, Prior to his execution, Gardiner made a confession in. which
he said that he had lured Mulock into the woods with the intention of
robbing him to obtain money for his girlfriend., When Mulock resisted
the robbery effort, he attempted to shoot him but the gun misfired
and he then bludgeoned him to death, Gardiner admitted that he had
obtained over $100 from thearorpse, all of thich he spent within the
next four days in carousing with his girl. He was hanged before 200
the jail yard-at Elmira on March 1, 1867. He made a brief sppech from
the scaffold inwhich he admonished his listeners to be good Chris -
when the trap fell, all of the strand but one on the rope
broke and his feet touched the gromd
by KSI t hangir
ee e rope was pulled up, the
odie of stfangulation,
WY TMES VIS EEO?
tts Jp HE 3
PARKER'S CRIMINAL REP oe
MALIONAL POLECE GAZENTE, Marot 9, ater | (page four) 2 At tlie fale,
yllrlaud, Ohio, Where fimly Aveded [Pe 2a, Uhipeah,
Ly Tues
dd fh
(Claro
led tae eke
Ca
oe
GARDINER, Henry BE,
Gardiner, a young white man, was a Union Army soldier belonging to
Company 3, Iwelfth U. S. Reglarss which was stationed near Elmira,
N. ¥. Around the fisst of December, 186), he met and became, friendly
with Amasa Mulock, an elderly and respected citizen who lived in an
Elmira boarding housee, Thooughout the month of December, Gardiner
was a frequently visitor and on one occasion Mulook lent him $5 00,
On the morning of Dec, 29, Gardiner appeared at the boarding house
and persuaded Mulock to accompany him to his camp where he would
obtain and repay the $5.00., The two men were seen walking into the
woods at the edge of town together and Mulock was never seen alive
again, His body was found in the woods on March 19, 1865. He had
been bludgeoned to death and a broken and bloody musket lay neahby.
Gardiner, whose company was still encamped at Elmira, was taken into
custody and indicted on strong circumstantial evidence which con-
sisted of the fact that, even though he was broke before Mulock's
disappearance, he lad a large amount of money immediately afterwards;
he was identified as the man who sold two watches belonging to Mulock;
and, of course, that he was the last man to have been seen in the
company of the murdered man. His attorney took the case from the
Court of Oyer and Terminer BHXKKE to the Supreme Court on the grounds
Ge
GARDINER, Henry E,
Gardiner, a young white man, was a Union Army soldier belonging to
Company 3, Twelfth U, S. Reglarsy which was stationed near Elmira,
N. Y. Around the fisst of December, 186), he met and became friendly
with Amasa Mulock, an elderly and respected citizen who lived in an
Elmira boarding house., Thvoughout the month of December, Gardiner
was a frequently visitor and on one occasion Mulook lent him $5.00,
On the morning of Dec, 29, Gardiner appeared at the boarding house
and persuaded Mulock to accompany him to his camp where he would
obtain and repay the $5.00., The two men were seen walking into the
woods at the edge of town together and Mulock was never seen alive
again, His body was found in the woods on March 19, 1865, He had
been bludgeoned to death and a broken and bloody musket lay neahbye
Gardiner, whose company was still encamped at Elmira, was taken into
custody and indicted on strong circumstantial evidence which con-
sisted of the fact that, even though he was broke before Mulock's
disappearance, he kad a large amount of money immediately afterwards;
he was identified as the man who sold two watches belonging to Mulock;
and, of course, that he was the last man to have been seen in the
company of the murdered man, His attorney took the case from the
Court of Oyer and Terminer MHXKKE to the Supreme Court on the grounds
e
GARDINER, Henry E.
Gardiner, a young white man, was a Union Army soldier belonging to
Company 3, Twelfth U, S. Reglargy which was stationed near Elmira,
N, Y. Around the fisst of December, 186l, he met and became friendly
with Amasa Mulock, an elderly and respected citizen who lived in an
Elmira boarding house,, Thpoughout the month of December, Gardiner
was a frequently visitor and on one occasion Nulook lent him $5.00,
On the morning of Dec. 29, Gardiner appeared at the boarding house
and persuaded Mulock to accompany him to his cam where he would
obtain and repay the $5,00., The two men were seen walking into the
woods at the edge of town together and Mulock was never seen alive
again, His body was found in the woods on March 19, 1865. He had
been bludgeoned to death and a broken and bloody musket lay neahby.
Gardiner, whose company was still encamped at Elmira, was taken into
custody and indicted on strong circumstantial evidence which con-
sisted of the fact that, even though he was broke before Mulock's
disappearance, he kad a large amount of money immediately afterwards;
he was identified as the man who sold two watches belonging to Mulocks
and, of course, that he was the last man ve been seen in the
company of the murdered man, His attorney took the case from the
Court of Oyer and Terminer BHXKKE to the Supreme Court on the grounds
vam. =
