Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1853-05-20
TuE caRDINER TRIAL.


WAsHiSGToS MAY l7-ln the Gardiner this
ing the counsel having agreed upon the bills OF exceptions
The District Attorney o'clock commenced summing
up the jury. He grathed that case which had oc
cupied years since the finding Of the indictment, had
brought conclusion. He began by refer
ring 10 great objection OF conspiracy oil the two Gov
ennenls against the defendant If the United States has
consped President Fillmore was the arch conspato for
whatever done, done through his agency So lar
from conspng against him, this Government had afforded
the defendant, every facility for subsanaint his claim
The Senate committee and the President, when about TO
send out the commission search for the mines made va
uus propositions Dr. Gardiner 10 Join them and point
out his nnes all of which, the evidence showed he had
Nor there any substantial evidence that Ge1
co was conspatOr Had she have been In that attlude
she might have imprisoned and severely punished the de-
endan instead Of which her conduct towards him was len
in the extreme. An aache OF her legation here mol
egay bound testify has into court and rndeaS ored
10 dscredt one of the witnesses for the United States The
hardship complained Of in requiring the agents for tho De
lendanl take testimony at Alexandria last summer he
showed unavoidable, in consequence OF the engage
ments Of the Judges and Mayor OF Washington:
The counsel then adverted the secret mission oi Capt
Bauv 10 Mexico under the assumed name OF Edward
smith as being necessary the ends Of JUSTICE and fully
justified by precedens As 10 The prosecution paying me
gal and extravagan compensation to Witnesses nohing
had been stipulated 10 them beyond their reasonable e3pen-
see and that necessary get them here Many desu
Bile witnesses could be induced TO leave their business
and here al any price de called attention 10 he aes @
testimony of ten Witnesses only two OF whom could DC
obtained 10 testify the trial. which should be duly copsd
cred by the Jury, in addition 10 the evidence elected
After noticing several other objections raised BY the de-
fence he proceeded address himself TO the charge The
law says t any person shall swear or affirm falsely touch
ing expenditure Of any money or IN support OF cioim
against the United States he che shall suffer as or wtu
or corrupt perjury" The defendant had madc oath 10 me-
mortal setting forth large claim The question is waa
that oath true false II not necessary Tor me Uni
led States to satisfy the jury that every one OF the aver
ments in The memorial false If they showed any ono
statement, material 10 the truth Of the oath lalse that was
enough. ,.r ;. . : ea,
He called attention the different accounts The defendant
had Given of the Of his claim stating TO Miles mat
was go 600 or 800 000 Johnson that II was l6UUOO 10
sl7O OOO and that they could make il what they pleased 10
lnonvson tha, it was 1000 s3OOO0O and finally set
ting il forth in the memorial S3300OO SO anxious was he
to get the claim called that he was willing to give
fee Of 20 900 or $50 000 Why give such fee II was
INST claim II was remarkable that every incident IN his
case every thing in the conduct OF the defendant mao 10 DC
H read the memorial and protest. 10 show the motive o
he defendant in taking the oath. These papers showed
first that The defendant 10 possession OF large mhef
second that his personal presence was necessary 70 e
of the business third, the existence o 'h
inn e fourth that he owner OF the mines II, 'hen
ev could establish the asity Of any one Of these PROPOSE
INNS The defendant guilty. He would undertake. 10 ga
sy the ury from the testimony, that each and every pro-
ooson was false and II would follow that II the defendant
noJ no mines he never expelled from the mines
Without concluding Mr.. Fcndall, at O'CLOCK gave way
10 motion for adjournment