The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-06-02
The Gardiner Trial.
CRIMINAL COURT FOR THE DISTRICT OF CoLUM
BiA.
Reported for the Union.
FIrrr-rrrH DaY-WrDSrsDAY, MAY IS. 1858.

BiA.
Reported for the Unionl
FHrY-EIFTH DAY-WEDEEsDAY, MAY IS. 1853.
In coHTIKUAroE.l
Mr. FEEDALL continued as follows:
II Ihe defendants memorial be true in the months oil
May and June 1896 he receiving ia Lagunllas the
olts OF MS outlay OF Time capital, and labor and was
receiving rom @20 600 10 $4,000 per month and yet
have shown hln al that time have been in the port OF
Mazailap on The Pacific ocean, 500 miles oft. laying
ans LOT small adventures on the coast OF South America
and endeavorng bring the capital OF others TO help out
ms own small means he was, gentlemen advenureI
wan no hxed purposes IN vlew talking TO be sure, about
engaging IN these mercantile enleprses but the same
'iIne' telling Llentenal Rowan that he was hunting for
mines. Whal! lhis great proprietor OF mlneshs most
wonderful man., who had ade immense outlay OF mo-
ney anu was Just beginning 10 receive returns from it,
e FOUND eighteen hundred miles away from his g Ell
Dorado, on an indefinite adventure hunting for Pc
cunlaIy aid or mines, whichever you please What
d!d he want with more mines One would think that
his establishment at Lagunlas would have eDgrossed
all his attention. If his mining avarce were so
Unsuitable as TO make him discontinued with the vast
domain which he already possessed, and made him
desrous OF acquiring more In his protest he charges IL
him away from his mines, which could only be worked
by hls personal attention. to them. Is Mr.. Bowes a
man likely 10 be mistaken He has been examined before
you day after day-l might say week alter week--on
various points. and you have seen him uniformly self
possessed, man OF excellent memory quick perception,
and accurate observations painter by professional pro-
tesson that accnslons men 10 look at faces and gives
them an artificial memory, Just as lawyer has arti-
hcial memory OF in law books He tells you that
he hardly ever forgot face-hat the accused is the
that he saw al Mo2allan.
The conversation TO which Mr.. Bowes refers was not
with HIMSELF but between this defendant and his friends,
at the table OF which Mr.. Bowes and they the
mon occupants Tor several days AT one time, though
the defendant was not introduced 10 him or known 10
him. he made an observation which impressed itself in
delbly his memory, 10 the effect that he was pass
ing himself of as Spanlard" And Mr.
Bowes heard that remark, so iorcbly was he struck
with IT, that he began 10 look al him TO see what sort
can citizen having passed himself oH Spaniard in
that country. He heard the unguarded, spontaneous
conversation OF the defe dant with his friends, and
heard the defendant ielnng them, IN the month OF
June 1916, that he had been this trip up 10 the Gulf
OF California, small enterprise. but that he had no,
the means to enlarge IT. and wanted aid from some veal
thy merchants. He thinks that the names OF Mott. Tai
bolt, Il Co., Were mentoned-ihe very merchants at
whose house Capt Maddox met the defendant These
merchants American citizens residing at Mazatan,
and, like most American merchants IN distant port,
when any OF their counymen thither they like to
revive old affections, invite their countymen 10 lhelr la
BILE, and dispense generous hospitality
Here is the statement OF three witnesses, all concurng
that George A. Gardiner was the man HON tEey saw
il Mazatlan, and relating mnuiey various ccumsa
under which they saw BIN. Could they be mistaken
Ii they were mistaken can you ever put trust IN human
testimony again Whose accuracy you conlde in, il
you cannot rus, that OF men like these!
Ii they not mistaken, and the facts stated are no,
true, they peured This is the only alternative.
am sure that sucu a suggestion would shock you. II
they neither perured nor mistaken, then this man in
the month OF june 1916, was at the port OF Mazallan
eighteen hundred miles of IRON Lagunilas, where his
mines are said 10 have been, with the intention
OF going 10 South America to engage ~ the selling oil
merchandise small scale II you believe this proof
then there end TO the case. and the memorial o.
Gardiner is not true. II this abb is proved his memorial
is false from beginning 10 end. II on the lst Of July
1874, he signing warrant the treasurer OF
mining company IN NichoacaD, before which there mus
have been previous concert and preparation, what be.
comes OF hs sworn assertion that he was in person a
RIO Verde deoouncIng this mine the i2u day of tht
same month call IT a sworn assertion, because thai
m ming deed Is filed IN support oil the memorial whct
is on oath. Nov, we show, under his own hand, iha
be was the 18th OF July four hve hundred mile.
of, and most rough and difficult road TO be travelled
engaged in business totally inconsistent with the pos
siblily OF his denouncing mine IN Lagunillas W.
chow that he treasurer and practical director o
overseer OF small mining company near MoreIia, draw.
ing ule orders iur twelve and fifteen dollars, and some
times as high AS $500
The establishment at Morea was broken up, il
having proved failure So far these papers
show, he was at that place from the 18th OF July
1874, to the 18Th OF April, ls45. He denounced the
the l2h OF july and according to the first IN
orGer OF these mining titles got possession OF them on
the Cd of Sepkmbu, 1874. Now we have shown you
letter Mofea dated the 3lst oil August, 1914, about
details OF the business which he there carrying
on and the future details of the business showing
that his mind fixed upon what was occurring and "a
occur near Morelia Yet three days after that, IL he
swears truly, he was at Lagunllas, hve or SIX hundred
miles distant receiving ~ psson possession oi bs mine'
there He could possoly have travelled the distance
between these places under days Alter the Morelia
speculation had failed, what did he fall back on No
on the business o physician but bis old business o
dentist We hod him hrst al Guanajuato next al Guada
alaa, and pulling teeth al both these places and next a
Mazatan on the Pacific coast AT last we hnd this Rohs
chd, TO whom the government OF San LUIS Potosl re
sorted in its extremity OF want and which he helped tc
copous sums" of money engaged as peder, and pro
iecling an expedition TO South America-il he coulc
succeed in obtaining the neediul means Is this not h,
height, nay the most ridiculous, OF improbabllues' As
have sad il the testimony be- true about the Gibi there
end OF this II The ohbi be true, the man bad no
The mines The two things wholly and radically in
consistent This AT once, and alone, convcts bimhe Il
guilty
ILL., NO MINE.
stated in the beginning OF my argument that we haC
established four propositions TO support this indictment
and proof Of either OF which The defendant must b
found 10 be a perjured have endeavored to sub
san,iae that statement far regards the first two
lproposhons-hrst the want Of means; second th'
abb
| will now come TO the third proposition; and ha
is, that there not, and never Daye been, any
mines IN Lsgunillas district. You arc aware OF th
inherent difficulties IN proving a negative. II is con
clusion TO be arrived al by CON bnaon OF facts and cl
cumslances. IL is one, however, the error OF which !
is IN the power Of the defendant to make papabe TO
jury, II his be true one, by showing that thes
mines did exist. | shall in subsequent part OF thu
argument examine the testimony which he has offered
on that subject The plan OF the observations an
addressing 10 YOU, is FIRST 10 present the made
out by The government, and then TO go INTO an IN
quiry to how far anything has been addnced TO repe
that by evidence brought forward by the defence
AT present, then, looking at the testimony which ha
been sdduced by The government, undertake to show
that there is no mine ! will show you that there
could not be- under the law of Mexico, such mns