The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-09-17

for the occasion as Judges chambers" The per
sons present were the Judge, Mr.. Woodward,
representing the District Attorney in his absence
from the cily,) the Marshal and his bailfIs, some
of the clerks of the office, and the habeas corpus
party including witnesses and counsel.
procession of half dozen persons entered,
headed by DR.. Thomas Miller. twas supposed to
be coroner's inquest, or something OF the kind
Mr. Bradley, Mr.. Carlisle, Mr. George w. Riggs,
(the retired banker, and Mr.. Elisha Riggs, (of the
firm of Corcoran and Riggs,) were recognised.
Mr.. Carlisle introduced one Of the unknown per-
sons to the Marshal, and il overheard to be the
introduction of DIR. Gardner
AS soon as the habeas corpus was disposed of, Mr.
Carlisle informed s'his honor" that he had just
made the Marshal acquainted with DR.. Gardner,
against whom an indictment pending in the
criminal court, founded upon an alleged forgery in
procuring an award under the Mexican G minis
sion for the settlement Of claims against the United
States. He said that Dr. Gardner had been in Eu
rope, when information had reached him of the
picions which had been excited against his award,
and that, although the treaty with Great Britain
did not provide for his arrest in such case, and
no possible means existed for his being subjected
to trial here, he had voluntarily returned to the
United States, had arrived in the early cars in the
morning, and had requested his counsel to put him
in the way Of submitting his promptly as
possible to judicial investigation.
MIR Carlisle stated that DIR. Miller and Mr.. Riggs,
having no sort of interest in the matter, and but
slight acquaintance with DIR. Gardner, had kindly
consented to become his bail, under circumstances
which he would detail
1t had already Tin the case of Mr.. J. @. Gard
ner) been made known to the court that DIR. Gard
ner had visited Europe with letter Of credit from
L ~ -
Peabody, in London for ten thousand dollars; that
Dr. Gardner had left letter of credit on Corcoran
and Riggs in favor of his brother for ten thousand
dollars; that the residue of the funds realized by
him from the award deposited partly in the
hands of Corcoran and Riggs and principally with
the Life and Trust Company of New York; that
the Government, upon receiving these accusations,
had caveated these funds; that they were held sub
ect SO this investigation, and that DIR. Gardner
could not touch dollar of them, except by con-
sent of the Government; that this extraordinary
result has followed, namely: that upon mere eS
parle accusation, mans whole fortune had been
taken out of his hands; that he had neither the
TO indemnify his bail, nor to prepare for his
defence; defence which involved the bringing
OF Witnesses from Mexico who could not be reached
by process from this court, nor exported by their
own government to give evidence; and who, con-
sequently, must be compensated for their time
and losses upon quantum mertsit, to be fixed by
themselves; that, under these circumstances, he had
thought 1t proper more than month ago to appeal
to the President of the United States, who, after
keeping the matter under advsement, had agreed
that SO much of the funds, as might be necessary
to indemnify bail, might be specially deposited for
that object.
Mr. Carlisle submitted this letter to the court,
IL.
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 testimony of
Mr. Elisha Riggs, as TO the amount of the funds de-
posted with his house.
Mr.. Woodward, for the District Attorney, exam
ined the Presidents letter to Mr.. Carlisle, and re-
marked that, if the bail were sufficient, doubt
this would be enough to indemnify them. He de-
sired that the means of the defendant might be
hibted.
1t appeared from the evidence that the bulk of
DR.. Gardner's award (between two and three hun
drcd thousand dollars) had been left by him in
New York, and had been caveated by the Presi-
dent, and held subject to the verdict; that the
rcsidue-some eighty thousand dollars in stocks
was in the hands of Messrs. Corcoran s. Riggs;
that exclusive of what they had collateral for
the two letters of credit, they thought the socks
sufficient for them to guarantee forty thousand dol
lars, and not more.
The Judge Of the opinion that at least fifty
thousand dollars ought to be required upon this
basis.
MIR. Bradley said that the stocks were probably
worth as much as had been paid for them, but that
the only question to the ability TO gipe bail
As to the Government, il held the whole of DR..
Gardeners fortune and this humane agreement of
tba IF he
from the caveat to the recognzance; that, as to
the Government, the amount was unimportant.
But with regard to the defendant, it was allim-
portant that the bail should not exceed forty thou
sand dollars that was proven TO be all that Cor
coran s. Riggs would guarantee, without receiving
commissions, upon these stocks. The great bulk
Of the award the Government held in New York.
He therefore thought that it ought not to be for
gotten that in requiring the whole amount of these
stocks to be used for bail, the defendant was left
without means TO prosecute his defence.
Judge Crawford thought that the bail ought to
be not less than forty thousand dollars; but that,
if he should require more upon the testimony be-
fore him, he should perhaps be oppressive. The
whole of the rest Of the award under the hands
of the Government. The consent of the President
to withdraw his caveat to the extent necessary to
find bail, he thought nothing more than just. The
claim of the Government was, to say the least OF
it, quite as strong upon this as upon the resi-
due. 1t would be, as the counsel had suggested,
very harsh upon mere charge to take the whole
means of defence out ofthe defendants hands; but,
as so large amount was subject to this caveat of
the Government in New York, he would trust to
the defendant obtaining for his defence what was
reasonable and just from that fund, and would not
take that matter into consideration here. He
| would fix the bail at the maximum of the defend
ants available assets, namely, forty thousand dol
| lars.
| Bail was entered accordingly.
| ALUMNI OF COLUMBIAN CoLLEoE.-We have been
| requested TO publish the following circular
Circular TO The Alumni Of Columbian College.
| WAsHIHeToN, September IL, 1851.
| GENTLEMEN The Alumni Association of Co.
| lumbar College wishes TO ascertain your views as
to the best mode of promoting the interests of the
association and Of the college. Scattered you
are in different sections of the Union and engaged
in various pursuits, it is thought important 10 col
| lect and compare your sentiments; and il is not