The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-09-23
examination by the emily counsel sufficiently advised
OF the condition Of the to be Of any ava 70 tho
defendant (Sgned) Csc. A. GARDINHR.

examination by the only counsel sufficiently advised
defendant. (SignedD Csc. A. GAsDmzR.
IAppendix.l
wAsHINGroN. Sept. IL, 1852.
10 LAwEEScK D. TAYLOR Esq, Mayor 60 Of Alex
Sri have been served with notice to appear
bsOre you this day. to attend to the taking Of the
dispositions Of John Barragan, Pantaleon Galvan,
and others. witnesses for the United States in oer
tam cause pending in the Criminal Court OF tho
District Of Columbia on the chancery side thereof.
wherein the United States is complainant, aud am
defendant
On the 23d Of August was notified to appear
before the Mayor Of the e., City OF Washington TO
Same cause Since then have been with my coun-
sci in daily attendance at the Mayors Office in this
city, engaged in attending TO the taking Of deposit
'tions in said cause. The witnesses named in your
notice to me were all here and continued up to yes
terday. Iresido hero; my counsel reside here; tho
papers in said cause are here; and was amazed
yesterday when wac served with your notice. The
Mayor Of the city of Washington was and is ready
50 90 en- with the taxing of the dispositions, and
there ia no reason why the government should seek
TO transfer the taking of them to the State of Vr-
GINA. Tho proceeding is eminently vexatious and
oppressive 1t is clear that counsel in Alexandria
cannot be procured who can in this brief space be-
como fully acquainted with the case. The govern
'Sent having upon mere suspicion taken posses
sion of my whole fortune, Is fully informed that
counsel have here are under no obligation to SO
there.
l am tho more earnest and anxious in this matter
because, in my own judgment, and in the opinion Of
my counsel, as understand them, the testimony Of
the witness whom the prosecution mainly relies,
jose Antonio Barrsgan, has been fully and COM
Eaetely balanced, if not destroyed, by his
animation bore,
therefore solcmn!y protest against this proceed
ing as upjust, voxatious. oppressive and illegal;
aAd |, upon the grounds ! have stated, decline to
appear, snd beg you will return this paper AS part
~ the proceeding. Respectfully, Sc.
(Signed) GE0. A. GARDINER.
WASHINGTON. Sept. II, 1852.
The Gardiner case has assumed m entirely
phase For more than two weeks, Mr. Soules oom-
mittee in the Senate. Mr.. Olds committee in the
House, and tho Mayor Of this city, have boon occu-
pied in taking evidence in this case, and the defend
ant has been banded about from 'post to pillar to
listen TO the imputatoDs Of the Mexican witnesses
brought here ~ the agent Of the United state.
ders but half of what is said out Of doors be true
they have been firing blank cartridges. Their chief
witness has at ength exploded tho mine, and shown
very clearly, on cross examination, that he knows
nothing Of the facts he brought here to prove;
and after having Ioundly and in positive terms
to the forgery and fraud, he now admits that the
seal on the papers may be genuine, and has shown
by documents drawn from him by the sharp pinoers
of experienced counsel, thai the sole object of
the Mexican witnesses is to procure . conyic-
tion Of Gardiner, under the belief that the award
made to him will thea revert to the govern
ment of Mexico. Incidentally it has come out
that these witnesses came here under the
expectation of makiog a grand speculation in the
prosecution Of heavy claim against the United
States for Indian depred4tcps under the treaty Of
Guadalupe Hidalgo, to have all their expenses paid
IN the meanwhile to be Unidentified in all damages,
and then to realize quite pretty fortune by their
"excursion." The prosecution have not presented
> single witness from the alleged neighborhood of
the mines, single person whose name is said to
have been forged, nor q single official whose charac-
ter is said to have been persOnated.
Having concluded the examination of their first
and principal witness, before the Mayor Of this city,
and finding that his cross examination did not suit
their views or expectations, they have suddenly
paused. carried their witnesses to Alexandria, in the
State Of Virginia, and given the defendant notioeto
attend there! This is the most Outrageous if not
ridiculous part of the whole proceedings that they
should give notice to take dispositions Of certain wit
neeses, naming them, before the Mayor Of this
city, take that of one only, get sick Of his
cross ex animation, and suddenly transfer the
whole proceedings to an adjacent State, whore
they knew it would be difficult, if not impossible,
for the defendant to induce his counsel, Zone Of
whom is thorough master Of the Spanish Ian
guaSe, In which the dispositions are taken, and 10
hus enabled to hold check, necessary, upon the
nteIpreser,) to 60, and after the government has
counsel, If, indeed, new counsel could enter upon
and master such . case. This may be law, but it
has no admixture of common sense justice, and
smells damnably Of rank oppression-of piece
perhaps with the unheard of, and, in fact uuo0n-
stitutional conduct Of the counsel for the govern
mont in July when the exsesssve bail $500 900
was demanded for the release Of Gardiner from
prison.
The whole proceedings in this affair are unique
and mysterious and its true history will, when laid
Some Of the intricacy of political machinery.