Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-09-20
THE CASE OF Ds. GARDNER.
IRON TIE "RxruaI1c."

FROM TIE "REPUBLIc."
On Tuesday morning the interchangeable Judge CRAwRoRD
engaged in hearing motion for habeas corpus %
other Of the nnumerabIe motions which may be made
in vacation when an interesting presented.
The place was the criminal COURTROOM, occupied for the
occasion as Judges chambers" The persons present
the Judge, Mr.. woodward, representing the District Attor
ney his absence from the city, the Marshal and his baa
some Of the clerks Of the Office and the haJeas corpus party,
including witnesses and counsel.
AS the ha5eas corpus disposed Of Me- Carlisle
informed " bis honor that he had just made the Marshal
quainted with DR.. GARDNER, against whom indictmen.
pending in the criminal court, founded upon alleged
forgery procuring award under the Mexican Commission
for the settlement Of claims against the United States He
said that Dr. Gardner had been in Europe when information
had reached him of the suspicious which had been excited
against his award, and that, although the treaty wi Great
Britain did not provide for his arrest 10 such add
possible existed for bis being subjected trial here be
had voluntarily returned to the United States, had arrived in
the early in the morning. and had requested bis counsel
to put him in the way Of submitting his promptly
possible to judicial investigation.
Mr.. CARLIsLE stated that Dr. MILLER and Mr.. RIG6s,
having OF interest in the matter, and but slight
quantance with Dr. GARDSER, had kindly consented TO be-
his BAIL under circumstances which he would detail
Il had already Gin the of Mr.. j. G. Gardne) been
made known the that Dr. had visited Europe
with etsr Of credit from the house Of Corcoran Riggs
upon the house Of Peabody in London for thousand dol
that Dr. Gardner had left letter Of credit Corcoran
and Riggs in favor of bis brother for ten thousand dollars
that the residue Of the funds realized by him from the award
deposited partly In the hands Of Corcoran Riggs and
principally with the Life and Trust Company Of New York
that the Government upon receiving these accusations had
capsated these funds that they held subject this
vesgaion, and that Dr. Gardner could touch dollar Of
them except by consent Of the Governments that this
ordinary result has followed, namely that upon
pare accusation, mans whole fortune has been taken out Of
L.
BAIL prepare for his defence defence which involved
the bringing of witnesses from Mexico, who could be
reached by process from this court exported by their
Government to give evidence and who, consequently must
be compensated for their time and losses upon gudnfun
meru be fixed by themselves that under these circum
stances, he had thought proper than month ago to
appeal to the President Of the United States, who after keep
ing the matter under advsemen had agreed that much of
the funds might be necessary indemnify BAIL might be
specially deposited for that object.
Mr.. CARsLE submitted this letter to the court with the
written Of Dr. Gardner endorsed thereon He said that
the ability Of the party to give bail would be measured by
these facts which would be given in evidence with the tes
mony of Mr. Elisha Riggs the Of the funds de-
posted with his house. sea os4
Mr.. WooDwARD, for the District Attorney, examined The
Presidents letter to Mr. CARLsLE, and remarked that if The
bail sufficient doubt this would be enough indem
Nifty them He desired that the Of the defendant might
be exhibited It appeared from the evidence that the bulk Of
Dr. Gardners award (beween and three hundred thou
sand doars had been left by him in New York. and had
verdict that the resduesome eighty thousand dollars in
socks-was in the hands of Messrs Corcoan Riggs that
exclusive Of what they had collateral for the letters Of
credit they thought the stocks sufficient for them guaran
tee forty thousand dollars, and not more.
The JUDGE of the opinion that at least fifty thousand
dollsrs ought to be required upon this basis.
Mr. BRADLEY said that the stocks probably worth
much had been paid for them, but that the only question
the ability to gre bail As to the Government, it
held the whole Of Dr. Gardeners fortune and this humane
agreement Of the President only transferred portion of the
funds from the caveat to the recognzance that the
Government, the amount unimpoant But with regard
the defendant, it amportant that the bail should
exceed forty thousand dollars that proven to be all
that Corcoran Riggs would guaranty, without receiving
commissions upon these stocks The great bulk of the award
the Government held in New York He therefore thought
ought not to be forgotten, that, in requiring the whole
of these stocks 10 be used for bail the defendant
left without means 10 prosecute his defence. @
Judge CaAwFoRD thought that the bail ought to be not
less than forty thousand dollars but that he should
qure upon the testimony before him. he should
be oppressive The whole of the rest of the award under
the hands of the Government The Of the President
to Withdraw his the necessary find bail he
thought nothing than just. The claim Of the Govern
ment was to say the least of it quite strong upon this
upon the residue II would be- the counsel had suggested
very harsh upon charge take the whole Of
defence out of the defendants hands but large
subject this of the Government in New
York, be would trust the defendant obtaining for bis de-
fence what reasonable and just from that fund.- and would
not take that matter into consideration here He would fix
the bail the maximum Of the defendants available assets
namely, forty thousand dollars.
Bail was entered accordingly.