The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-09-23

o. d. G.'s psss6DiDg any wealth in Mexico, be.
VI course 10 ezpeoted-ior no vas making active
agent . repair to Mexico . ieinvsssgsss
the vhele affair Under pch circumstances was
the hnl found by the grand jury.
On the trst intimation obtansd by DR. Gardiner,
through the columns Of the New YORK HERALD, Of
this ssase Of affairs he concluded 20 return 70 Wash
ipegton; but his travelling friends (who are nov
all here) advised KIM to write FIRST. as il pro-
panly one OF the ordinary washington rumors con-
nected with some political movement He wrote ac-
eoSdingly to- tie district Attorney, M. FendAn, be-
fore having heard Of the actual Indictment, for in
formation, and designating the places in New York
and Washington where his funds we're deposited,
and thatthey were 1t the disposal Of the govern
to them! He stated, also, to the district attorney,
that he was ready to return, in case it was ne
cessary, to proceed 70 an investigation. Pre-
Stunning this TO be sufficient be continued
his tour through England and Scotland, and
thence to Paris, where he FIRST learned that
tho grand jury had found the "true bill'' %
already referred to. He then addressed second
letter to Mr. Fendall, and advised him Of his de-
termination to return to Washington ~ soon a. tho
this or his first communication, and consequently
he returned forthwith. gave the required bail, and
now awaits the Judgment Of his eountrymen.
1t will thus be seen tina, DR.. Gardner took no
money with him 70 Euope,thss no wrote TO the
rumors sgaintt him informing him where his funds
were deposited-that he returned himself immed-
ately on being informed Of the actual Indictment,
and that he has remained quiet under all the op-
probrium heaped upon his name by the scandal
mongeIs and startling" letter writers, without
presenting any defence through the press, regard
ing such calumnies as unworthy Of biz present mo-
tice, and anxious only for that speedy in
yestigation and trial secured to him by the
laws Of his country, which he has in vain endeav0rea
70 procure during the pas, nine months without
advancing one step in the proceedings, 10 couse-
qoence, az his prosecutors aliege, OF the continued
AOscKce Of the special agent despatched TO Mexico
by the government upon terms of n most unheard
of character, viz per diem Of eight dollar which
is to be doubled in ease he succeeds in procuring
idence that will lead to conviction besides his ira
yelling expenses. This wears very much the APP
pearance of subornatiOn Of crime, especially when
il is known that those instructions smanated with
the Secretary Of State, and that Mr. Webster being
candidate for the Presidency, and his friends be-
lievipg that Mr.. C0rwin has influence in the West,
didate, it becomes the more necessary 70 substan-
tate this fraud, and thus destroy Mr. Corwin's in
huence.
The arrangement with the governments agent
above noticed, whereby il is made his interest TO
procure conviction, reasonably accounts for MS long
absence, and for his using every effort to impress
the Me xicans, as has been doing, with the belief
that the award Of the Gardiner claim, if allowed,
will be paid out Of the next instalment due by the
United States to Mexico. Hence the Willingness Of
agent.
It has also been asserted, on good authority that
this agent never went nearer to the mines than the
city OF San Luis Potos <he distance is three days
moderate riding in that rugged country, or about
les miles,) and that he had employed, or had pro-
cured to be appointed by the Mexican government,
Judge to aid him in the investigatiOns-a political
aspirant, who took charge of the whole affair, and
of whom were DR.. Gardeners creditors. He would
not, therefore, take testimony in behalf Of DR.. g.,
and even rejected much that was favorable to him,
intmidating witnesses by stating, as the agent had
done, that the claim was to be paid out OF
the next instalment due to Mexico by the
United States, and thus succeeded in procuring
batch Of evidence unfavorable to the title
Of DR.. Gardiner to any mines or land whatever.
judge, whilst the 'agent'' remained in mastery
inactivity and when any suggestions were made to
him by the friends o. DR.. g., or he was invited to
go to the mines in person and thus satisfy himself OF
their existence, he would reply that his health COM
PEELED him to leave every thing in the hands of the
Judge.
or idle malice-that DR.. q. was only an itIerant
dentist travelling. in Mexieo--they are accounted
many persons consulted him--as they do there any
physician-with regard to their mouth and teeth,
and especially when they discovered that he had
some practical knowledge Of the art, that he was
obliged, often through courtesy. to perform many
operations str,ty belonging to the province Of the
dentist and then, eDconnte1ing one of that pro-
tesson just from the United States, he took bin as
partner-and that same person still continues
in Practice in the city of Mexico, having already
given his testimony to these and other facts before
the American consul resident there.
DR. GARDENERS brother was adentist, and desiriog
to see the country. travelled over nearly all Mexico
in the practice OF his profession Wills. the Dr. him
self was engaged with his mines.
Not more than ten days since, the counsel Of DR..
o., despairing OF procuring for him an early trial,
proposed to the court, rather than submit to any
further procrastination to admit as testimony all
the written evidence that the government had, or
could produce; but this was not acceded to, for the
great object now is to keep the case in court until
the special committee Of the Senate has concluded
their investigation of this Mexican Commission az
fair for, SO long Dr. G. is before criminal court,
his case cannot be investigated by any other tribu-
nal, nor can he be called upon to give testimony
against any Of the suspicious cases admitted by that
tribunal.
On the arrival of DR.. Gardiner from Europe, he
was informed by his counsel that the indictment
was in itself Illegal and could be readily quashed;
but Dr. IT, very promptly observed, that to do so or
take any advantage of the want of legal forms,
would wear the appearance Of avoiding an inyesti-
cation, and that he did not think he could place
himself right before the public in any other way
than by thorough scrutiny Of the whole affair be-
fore jury Of his countrymen; but, as there have
been up to this period six attempts made to procure
trial, and the prosecution have been offered every
advantage; and, having in the course Of the nine
months that this unhappy affair has been pending
done all that man could possibly do to prove his
innocence, he has yielded to the advice Of his
sci in entering demurrer to the indictment. IL
this demurrer be sustained, there will be end to
the prosecution for perjury, although the govern
ment may then, il they choose, bring civil suit,
and harrass the Doctor for year or two longer.
Ii cannot be denied that this is an extraordinary
and unparalleled case, and affords index to the
man@uvres and under ground work ofdesigning poll
tcians. DR.. Gardiner is battling with two powerful
governments, and a host Of men INSCRIPTIONS enough
TO attempt almost anything to accomplish their ends
and yet ne stands his ground firmly and bears with
a forttude only to be ascribed to conscious nno-
cence, the calumnies and the sneers Of those who
(Ome OF them) know his true position 1t is assert
ed above that he is struggling against the influence
of two powerful nations, and this will be best
derstood when IL il borne in mind, that whHeveris
withheld of this or any other claim under the late
Board OF Commissioners, will belong of right TO the
Mexican Government the decifion Of the Board
having been frat made upon the validity or worth
lessness Of each claim, and their decision being na
no rejected claim can be advanced entitled to any
p2lt Of money that NAV be reclaimed from success-