The daily union., 1852-10-08

Gardiner sets out ia his claim. The report aud tes
mony have been called for by the committee, AID will
be filed when received with the testimony taken BY this
philip II Fendall esq the United States district attor
new for the District OF Columbia leslines before the com
mittee that in both the criminal and civil courts OF the
District proceedings have been instituted against George
A. Gardiner that George A. Gardiner and John Charles
Gardiner his bohen have been Indicted Tor false swear
ing and that indictment was found against John ii
Mears for transmitting false papers iron Mtx'eoi that
Dr. GeoIge A. Gardiner has also been indicted Tor for
gerry that the United States were ready, and desired
Try the three indictments against the GARDENERS at the
June term, 1852, OF the criminal court iof me District OF
Columbia bat the were put over on the applca
ton OF the defendants 10 the next term which will be
held in December next that in Jaly. 1852, the United
States instituted chancery suit IN the circuit coaa oil the
District of Columbia 10 enoln IN the hands OF Corcoran
& Riggs moneys and stocks belonging 10 g. A. Gardner, TO
the amount OF between 100000 and 100000 ard also
in the month in the circuit court OF the southern
district OF New York. to enoin in the hands OF The New
York Life Insurance and Trust Company moneys and
stocks belonging to George A. Gardiner 10 the amount OF
Si3O,5oo Mr. Fendall, who has been digent and eth.
cent in prosecuting in the courts, tesles that is i'm
possible the executvs branch OF the government should
have shown solctude than has done 10 have this
matter investigated he cause Of public justice
and the treasury OF the United States protected that
the President has throughout furnished every facility or
promoting these Objects and also has every officer oil
the government, whose official duties have brought
them in connexon with the subject-by none more
cordially or earnestly than by the Secretary OF the
Treasury.
Waddy Thompson tes6es that he was acquainted with
Dr. Geoige A. Gardner in the city OF Mexico in 1912;
that Gardiner was the chairman 0f a committee Of Amer
lean citizens TO invite him Chen United States minister 10
Mexico) to public dinner. Gardiner was then den
tst and physician
Gardiner left the city Of Mexico in the fall Of s43
and he did net see him again until he met him in the city
OF Washngtoa in December, Is4s, or January, lsi9
DIR. Gardiner then informed hun that DO haa caln
growing OF his expulsion from mines 10 Mexico that
lie after called upon him and submitted his papers,
and employed him as counsel The, witness says his
connexon with the case was strictly and exclusively
professional and confined 10 written instructions given
10 Dr. Gardiner 10 The form and character OF The tes,
tmony which he should get (these INSTRUCTIONS, dated
April 80, 1s49 are appended to the testimony hled az
exhibit No, l0,) to written arguments submitted 10 the
board, &c. His fees were to be Is per cent. oil the
amount which might be awarded This witness employ
ed Hon. Thomas Corwn, Then ssnator. and was 70
when Gardiner retained him. agreed to employ and pay
any additional counsel he, the witness, should deem ne
cessary: Wnesss iees-lo wit-hs 10 per cent remain
ing--Wheh he received, were Si2,
He says he had frequent consultations with Mr. Cor
win before he accepted his present o6ce aS Secretary
never afterwards Once after Mr., .Corwn was appoint
ed Secretary be called to consult Mr.. Corwn declined
consultation, stating that be had closed his connexion
with the cases The first sg depositions in the Gard-
were presented 70 the board about The nme The
memorial presented November 30, lStg) and weIs
all the deposons in the whenit was declared valid
by the board These dispositions were taken subsequent
TO the instructions given to Gardiner by this witness
Mr. EorwI also gave Gardiner written instructions as 10
the form and charactei OF The testimony required. DR..
Gardiner went twice To Mexico for testimolyonce in
The OF lS49, and afterwards in March or April,
1850.
Robert G. Corwin testies that he and Thomas Cor
win were counsel for Gardiner; that Thomas Corwin
sold his interest IN the claim OF Gardiner before he went
INTO Mr. Filmores cabinet. and Ieyet appeared 10 the
afterwards; that he and Thomas Corwn purchased
and owned jointly fourth OF the clam OF Gardiner.
Thomas Corwn's share OF this fourth assigned with
his fee interest before he went into the cabinet This
witness never heard anything against the character oil
Gardiner or his claim until aiier the criminal prosecutions
against liardlneTlwee commenced IN the courts Of this
District
Rober, T. Paine tesdes that he was one Of The board
OF commissioners from the beginning TO the end OF It's la
bors. Mr. Corwin appeared before the board after
he went into the cabinet He says there was additional
testimony Introduced after The claim was declared valid
there was come evidence, bat not sufficient in the first
papers, establish the legal tile OF Gardiner to the
There was no deed His impression 10, there was some
paper, either certificate affidavit This wlinesS
estes that when the board OF comm missioner5 decided
upon the validity OF claim, they al the time look
ed into the amount which they thought ought 10 be
awarded 10 the claimant This amount, however was
not considered final by the board. Memoranda OF the
amounts thus estimated were kept by members OF the
board. The award was not made public The award IN
the Gardiner was increased some fifty siXy thou
sand dollars by the introduction OF the additional test
mony This witness states that the papers in the Gafd
ner his hands, and he gave the case care
full examination for il was oi the largest claims be-
tore the board, and there rumors IN circulation IN
relation 10 The claim, and he received anony nous
note cauiioning him IN relation TO IT, The note bore the
stamp OF the Irving Hotel, and was signed "a North
Carolinan." He used every exeron TO find opt the
writer, but could not The witness says there was no
suspicion suggestion OF fraud in the testimony when
ths final award made aud he heard any until
be saw il IN the newspapers
From the evidence before the committee, (he above
being only summary Of The more important facts tesl
hed 10 by the wnesses) the commiiee are eonstaned
TO believe upon the first branch OF the investigation COM
mitled TO them, that the claim OF George A. Gardiner,
upon which award was made by the board o com
for the OF s4ls7 750, sustained before
the commissioners by false testimony and forged papers,
and a pas ssI uaud upon the treasury OF the UnItVi
States O the amount awgrded, $4,000, deposit ia
stocks and money with Cocoran Riggs, 70 the credit
Of Gardner subject two charges one letter OF credit
lor G10p0, and one his letter of credit 10 his brother,
John Charles Gardiner Tor $4,000, have been enjoned
and also $3.50 500, deposited 10 the credit OF George
Gardiner with the Life Insurance. and Trust Company
IN the cy Of New York, have been enoined at the suit
OF the United States, and retained under lnjunc
SlO7,ls7 30 pad to the assgnees OF the fourth
OF the claim originally sold TO Thomas Corwn and Robt
| q. Cofwin
In relation to the second branch OF the nqury-lhe
connexon of the Hon. Thomas Corwin the present
Secretary OF the Treasury with The said Gardiner claim
the following facts appear from the testimony upon the
points directed by the resolution TO be Investigated
IN May, lsfo, the Hon Thomas Gorwin, then .
ber OF the United States Senate, employed counsel
in the Gardiner claim by General Waddy Thompson, the
original counsel OF Gardiner, upon an agreement that
Mr. Cofwin should have for his fee five per cent on
whatever sum should be awarded 10 Gardiner by the
commissioners. In February, 1850, Thomas Corwn, in
company with Robert g. Cofwin, esq purchased one
fourth part Of the claim OF Gardiner, and this fourth
part Of said claim assigned the l9h Of that month
10 w w. Corcoran, esq, who loaned money to the
Messrs Corwin 10 purchase it, and held the claim for