The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-28

THE GARDNER CASE ONCE MORE.
ARREST OF coUNTERFEITERs,
NON.ARRIvAL OF THE STEAMSHIP ASIA
&C., &C., &c.


Interesting from Albany.
HIGHLY IMPORTANT FROM THE STATE CAPITOL-As-
sEhBLING OF THE HIGH COURT FOR THE TRIAL OF
OBSERVATION-DISCLOSURES MATHER, WITH HIS
COUNSEL, IN NEUTRALITY-SUSPICIOUS. PROCEED
INGS IN THE CAsE-ADJoURNMEN7 OF THE COURT
SPECIAL CORRESPONDENCE THE HERALD.
ALBANY, July q, 1853
The desks and seats of the members Of this court had
been conveniently arranged by placing them in double
semi circle facing the Presidents chair and tables and
desks placed in the extremity within the circle Of the
Senate chamber for the accommodation OF the Commit
tee Managers appointed by the Speaker the House
to conduct the proceedings the part Of the peoples
and also separate desks for the Of counsel for the
cused At precisely eleven O'Clock the time desis mated
Lieutenant Governor Church called the Judges and
Senators to order, who Immediately their re-
spqctys seats The Judges occupy the Tuner circle Of
desks the right hand of the Lieutenant Governor;
Chief Justice Regss Occupying the nearest seat to the
impeachment against John Aather had been pre- ented
him. he had therefore convened the Court for the
cnsderaon Of the charges and inquired what order
the Court would take in the premises
TIE roll of members then called by Ira 7. Barnes,
Clerk Of the Senate when the following members were
aceraned be present viz Judges Ruggles John son,
DEMO- Morse. Willard TAggart-six absent Messrs Gar
diner and Mason; Senators Beach Bennett Clark Conger,
Cooley, Davenport huntingdon, McElwan, Morgan, Mon
roe Newcomb, Otis, Pierce Plat Rogers Snow Taber,
Upbam, Vanderbilt, Van schconhoven Ward, Williams,
Wright; abent, Messrs. Babcock, Bartlett, Beekman,
Bristol Cornell Jones, Kirby McMurrsy. Smith.
Messrs. Lsonis Champln, McBurney, Noble and Wood,
the part OF the House. were present.
John C. Mather, the accused also in attendance.
His counsel James T. Brady, of New York. Rufus w.
Peclham and join H. Reynolds, Of this city Daniel s
Dickinson expected to assist in the defence, but
pressing engagements in his locality prevented his
attendance this day.
The articles OF impeachment las published in the
Herald few days since) were then read
Mr. Senator Taber then and stated that there
were no rules or regulations order or
of the court he moved that committee be appointed to
prepare sDd report series. His melton was adopted,
and the President appointed Senator's Taber Vanderbilt
AVID Diarn and Trhn RrUU and nhrco a,,0h
committee. recess then taken to allow the
mittee time to prepare the rules. At two O'Clock the
court iesssembled when Mr. Taber reported series,
which were adopted.
The conmttee also rer orted the form of SEAL to be
known the seal Of the Court for the Trial Of Impeach
ments. which was agreed to
Mr. Vanderbilt inquired whether 1t not proper that
the members Of The court be now sworn.
The President understood to say 10 reply that the
oath would be administered it decided
that the trial to be proceeded wth and ready
Mr.. Lcomis announced that himself and colleagues
bad been appointed the part of the House, managers,
to pros ecute the case.
Mr. Peckham for the defence stated that except IN.
might be taken to several in the proceedings
thus far, especially because the House Of Assembly
desired speedy trial Mr.. p. then sent up Mr. Mahers
plea in writing in which he denies all the charges al
legged against him and states that he has done act
public officer, but such as he fully authorized to
do, under the constitution and laws Of this State
Mr. Looms sisted that the managers required tune for
the purpose OF making an examination of the plea just
read, ard to consider and decide whether an answer
thereto was necessary to be presented.
Mr.. Peekham.-H0w long time do you desirep
Mr.. IOomis-Ab0ut q couple of hours, should think
Mr.. Perce,-I then that the court take recess
until four O'Clock. Adopted
The Court re assembled at the time appointed. Mr..
LOOMS submitted to the statement of the
resS nden in which the managers declare their belief
that the charges contained in the ercesf
will be fully aired, and promi make Them good
by evidence. Mr.. L. remarked that the managers re
CURED some time to prepare for the trial sto subpoena
Witnesses &c some Of whom in remote parts OF the
State snd Others, it is not distinctly known at present
where hey Can be found he thought every
could be made TO proceed with the trial about
fortnight from this time. Mr. Chsmplia also urged
postponemeDt to give The proc ure wit
Iesses, prepare documentary evidence, &c.
Messrs. Peckham aud ReypoldB advocated the most
speedy action Ttey thought that several witnesses
resided in the city, and could readily be produced the
tarce could be subp9ned The interest of the public
ard that Of this accused and arregusd dems
an eafly dis position of the
Judge johnson submitted order postponipg the trial
until the l6th day of August next THIS carried,
twenty two N seven
Jucge Willard submitted order declaring that the
court tba meet at the above toned time al Sara.
toga Springs, and hold its session in that village The
Senate chamber then ordered cleared II specta
tors and tire Senator'S and Judges entered rto
session d la niloire court martial. When the doors
were opered yote taken by ayes and noeanine in
favor ct Saratoga and twenty two in favor of remaining
az the capit al.
On notion of Judge Johnson the Court OF Impeach.
ment then adjourned until the 10th Of August Procla-
nation was made accordingly