The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-03-15

Mexican commission now being tried before the crin
nal court OF this District Philip X. Fendal the dis
triet attorney. and Henry May esq, for the United
States, and Joseph Bradley, James d. Carlisle, and b.
F Perry, esqs., for the defence.
The proceedings were begun on Friday, the nth IN
stant when preliminary question arose as 10 the oiaef
in which The cases should be taken dpthere being two
indictments against George Gardiner and one against
bs brother John Charles Gardiner The counsel for the
government wished TO give precedence 10 the prosecution
against John Charles Gardiner who stands charged
accomplish The defence successfully resisted this
method OF procedure, and then jury empanneled
consisting OF Peter Magruder. John M johnson. AleYan
der Borand, Abram Butler Eben Brown Jesse b. Will
son. James Fullalove Charles II. Layne, John Bayne.
William H. Gilman, John Wilson. and George Crandell
Henry May, esq, Zone OF the government commission
to Mexico opened the the part OF the govern
ment by impressng the jury the Importance OF the
case and stating the issue presented by the indictment
The indictment found under the act Of March 3,
1923. which provides that any who shall take
false oath in support of any claim against the United
States, which any expenditure of public
ney, shall be punished for the crime of false swearing
The false oath is alleged TO have been made by Dr. Gar
diner when he to the statements in his memorial
presented to the Mexican board applying for award
for losses in Mexico under the treaty with that republic
The statements of that memorial were. learn from
sketch of Mr. Mays remarks, that he (Gardine) is
citizen Of the United Slaes and born in the State Of
New York that early in the year 1874, he was engaged
in mining operations in the State of San Luis Po,os
very large scale that he employed five hundred
as laborers and had invested $500 1902 in men, steam
gines buildings. borses mules and OF sciences and
that in 1916 he compelled to abandon his establish
ment his property OF the value of 100000 having been
despoiled by the Mexican soldiery-property which
would have yielded him fifty thousand dollars per an
nun for years to come the proceeds for year hav
ing been 1896 900.
These statements the prosecution said false and
unfounded and were supported by forged title deeds and
fabricated DISPOSITIONS that the government commission
sent TO Mexico was unable 10 discover the mine. al
though reward of five hundred dollars offered to
any one who could designate where it was; that there
was no mine in the section of country where Dr. Gard
ner alleged his to be found and that DIR. Gardiner
himself was in different par, of the country pursuing
dferen, occupation from mining at the time he claimed
10 have been engaged in mining operations in San Luis
Potosi
After Mr. May had finished his opening address,
VIM O. Niles was introduced by the prosecution, who
testified that time in the spring OF ls49 Dr. Gardiner
informed him tina, he had clam for spoiaiion of his
property in San Luis Poosi that the Mexicans had
burnt his buildings and machinery, and despoiled his
mlnes and that his loss or his claim, (the witness
uncertain which, not less than sixty hundred
thousand dollars The witness shown large crys-
tai OF gold and other specimens said have been taken
from the mines,
Philip c. johnson, OF Maine. testified that Dr. Gardiner
inquired OF him whether he knew Hon. George Evans,
Of The commissioners, whom be wished the witness
and TO ascertain from him when his claim would be
taken up. Dr. Gardiner stated his claim TO the witness
at $4,000 $4,000, and said that could make
il what pleased !" and that he would give fifteen,
twenty thirty thousand dollars have the claim take
up at The anxiety Of taking up the claim once
was because business required him to get away The
witness Mr. Evans, he solicited to do, and
told him what DR.. Gardiner had said Mr. Evans replied
that be could give definite until the board was
organized
The court then adjourned after having cautioned the
jury not 10 indulge in conversation out Of doors respect
ing the case before them
Joseph Bradley Saturday opened the case for The
accused by abiding TO The circumstance that the govern
facts it expected prove, and 10 hi, own ina by to
speak both counsel and as witness Dr. Gardiner had
he said. after the award had been made remained in
Washington, invested his money and deposited his vouch
with bankers before leaving for Europe whittier he
went TO continue his professional studies. While he
absent from the country, an investigation was had
before the grand jury OF the District and witnesses were
examined, OF whom now appear before the court
There was no ex,radton treaty under which DR.. Gard
ner, then in Eogand, could have been demanded When
the district Attorney stating that his funds in the
United States and that he wished to meet the accuse
ton against him Counsel were employed. and cores
pondence with the President resulted in an agreement
that il Dr. Gardiner would return TO the United States
and answer to the charge OF iraudulently obtaining
money from the government, he should be released from
bail He returned before the next term of the court
but the government not ready TO proceed with the
trial AT the term OF the court he again ready
but the government not When the awards
were made by the commission, il was ascer,aned that
there was surplus fsnd unappropriated. Mexico
claimed that surplus through her minister. One OF
the witnesses before the grand jury also claimed the
surplus and large sum besides. This witness gave
testimony before the grand jury which be was afterwards
forced TO elract through the newspapers Another OF the
witnesses also disavowed a statement imputed to him
The act OF Congress, which provided for the appoint
ment of the Mexican commissioners was approved
March a. Is4o During that month DIR Garj;per's conn