Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-12-17
THE GARDINER CASE.

commenced in our Criminal Court on Monday, By an
opening speech from the Hon. HENRY MAY, Of counsel
for the prosecution.
Mr.. May commenced by congratulating the Govern
men the city, and the country having an intelligent
Jury to try the case Ii case he said, OF surpass
ing Importance, forming a part of the history of the
country Such had been the interest felt about il that
had attracted the attention only of people,
through all the length and breadth Of this Union but
abroad nations and governments wherever newspapers
known, looked see whether the virtue and in
tegrity OF this Republic strong enough enforce
the administration Of justice and protect the public trea
from being pundered. The people of the District
of Columbia ne said, especially concerned in the
event OF this investigation for remained to be if
the citizens OF the District if its juries, the appointed
guardians OF the public Treasury would allow people to
come here and pilage with IMMUNITY The respecta-
by and integrity of the jury justified the hope that
justice would be done by the reputation of the Dis
trict Tor II tspeople failed in aordng protection toshe
public treasure where could help be found Mr.. MAY
had no apprehension that less than their full duty would
be performed.
At tais uncure the counsel for the suggest
ed that the witnesses in the should retire out Of
Court, which was accordingly ordered.
Mr.. MAY then resumed by giving succnct history of
the case BY the treaty of Guadalupe three and quar-
ter millions OF dollars to be divided amongst Anne
rcan claimants against Mexico, the validity of whose
claims were to be determined by Commission appoint
ed by our Government. In November, lS49 George A.
Gardiner presented memorial to the Commission claim
ing him to have been the owner Of valuable silver mines
in the State OF San Luis Potosi in Mexico wherein he
had invested sum exceeding S350,000, and employed
five hundred workmen that he had thereby raised
! the country in which his mine situated from
diton of poverty to of prosperity lie commenced
these mining operations in July 1874 and by july 1916
had brought them to great perfection obtaining at that
/ time profit of from $4,000 to $4,000 O month
Whilst in the fruition Of these profits in Oc
tober, 1886 his mines assailed by body Of Next
troops, and he expelled from them the ground
of his being an American citizen and his mines,
chnery, sc. destroyed reduced to heap Of
ruins 1t for this alleged nroad and destruction of
property that he presented his claim When first he pre-
scented his memorial he did not give precise loca
ton his mine than that it in the State Of San Luis
Potosi This was observed by the Commissioners, who
demanded precise location together with proof of title
and other evidences of his sole propretorship &c. To
obtain this Gardiner went to Mexico aud returned with
mining title and sevepl dispositions from persons pur
porting to be his chief miner, administrator engineers
re6ners sc. The mining title specified the mines TO
have been Huestaca Range opposite Cerro Gordo in the
Sierra Madre in the county of Lagunllas, Department
of Rio Verde and State Of San Luis Poto These docu
ments fled and nothing left to be done but to den
| tfy the facts stated.
/ Mr. MAY said that he expected to show that this col
location of mountains answerable to nothing in the
country referred to- They of distant noun
ains huddled by defendant together. In the of
his address Mr. MAY denied the gepuneness of the sigma
and seals attached to the documents brought by
Gardiner from Mexico; stated that silver mine
existed in Lagunlas, any nearer than the neghbor
ing State OF Queretaro. The country about Laguinias
pastoral and very poor besides being mountain
that steam engine could be transported thither
He denied that Gardiner there previous TO TAX
| ing company to make up his case.
Mr. MAY then went into detailed statement OF Gar
diners whereabout during the time OF his alleged en-
gagement at his mines. He traced him from Havana in
1910 to Vera Cruz, whittier he went dentist. He
then poor to be without to 60 directly
to the city of Mexico He first went to Jalapa for
awhile then to Puebla, and at length to Mexico all the
time subsistng by his profession. He had no fortune,
no wealth He remained in the city of Mexico till the
yll,t Da
cfc ocean Morelia or yalladold the road Ma
zatlan Whilst there he was employed by company in
Morelia to be mine in the adjoining State of
Mchoacan which they had started but subsequently fail
ed In April 1916, Gardiner returned TO Moreia where
he remained till july ls45. There in court week
y letters or reports written By Gardiner oil the time he
/ was engaged at this mine in Mchoacan.
when he left Morea he went to Guanaxuato and thence
to Guadaaxara and present the great annual fair
of San JUAN would be proved by several English gen.
tlemen of high respectabity He remained at San Juan
two weeks then went back to Guadaaxara aud thence
! TO Mazatan where several Americans frequently met
him from January to April or May 1886 He was here
so poor to be about to engage himself in trading adj
venture in the Gulf Of California After leaving Mazat
Ian his track was not known, Ii necessary
After few other remarks as to the object of the Co.
vernment and the Of the prosecution, Mr. May
concluded his address at minute or two Of o'clock.
Tuesday, morning Mr. CARLISLE replied, commencing
at about quarter of eleven and continuing till the re-
cess at one o'clock beyond which time did not re-
/
isles reply very able and ingenious putting in strong
1 light the points favorable TO his client.
Mr. CARLISLE dwet at considerable length on the
rustworthness of Mexican testimony lie referred to
the American and English Witnesses brought from Next
by the prosecution and the assigned by the
leading counsel for the prosecution at the last t for
having selected them rather than Mexicans Mr.. May
he said) had then described Mexico land of Gimme
ran darkness where he seemed by his account Of it,
have been obliged to grope about with lantern, like D
ogenes to find an honest He had then given us
to understand that he disdaned to bring thence any
but our own countrymcn, or British subjects.
This was indeed an important case; upon its fair
procedure al had an interestourseves our children
and chldren's children Mr.. c. enlarged the
traordnary and efforts used get up and carry
this prosecution they without parallel in the his
tory justice lie alluded to the days Of Raleigh and
Algernon Sydney alone supplying cases similar in
spirit to that now hand and quoted also the royal per-
secution Of Emmett type of the Executive pursuit Of
Gardiner. lie said the jury cared not if foreign
eigns were looking at this let them look there
was dread Sovereign whom the jury would regard
MIR. CARLISLE said that whatever the verdict may he
the defendant would not get farthing There
two cases pending, in this Circuit Court and in
New York. the result Of which that the public have
their hand every dollar of the money He then spoke
of the confidence and openness Of Gardiner after having
obtained the award he did make way with the money
but placed it with Corcoran Riggs here the New York
Life and Trust Company in New York, and bought Anne
rican stocks
witnesses from Mexico spoke Of the high bills for her
living whilst here, and particularly of Mr. Tognos claim
Of SS3 600 damages for injury done his business as
tailor in Mexico for which he obtained an award Of only
81 AGO. He also complained Of the prosecutions reus
ing TO Mr. Fllmores agreement with defendant
TO take dispositions in Mexico; and spoke length Of
the interest the Republic Of Mexico had in getting Gar
diners award overthrown as she considered il would be