The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-06-22

cdsioncd surprise. Inc United States had de-
spatched another commission to Mexico, by which
they expected to prove that the said silver mines
are in Queretaro and not in San L uis Potosi, and
that they were never worked BY DR.. Gardiner
He read extract of letter from Lieutenant
Swartwout, written on board the steamer Vixen
and dated May 25, addressed to the Secretary of
the Navy, in which it was stated that the vessel
was then at Sandy Hook; and another extrac of a.
letter from the same officer, addressed TO the NAVY
Department, dated June 9, 1853, at Havana to this
effect: awe are nov standing out-4 o. IN We
have repaired our machinery, and have eysry
prospect ola short passage to place of destina
ton. The officers and crew enjoy good health -
Mr. Fendall remar ked, the probability was the
commission had arrived there by this time and
would return as could reasonably be ex.
pected.
Mr. CARLISLE said it would have been more sat
sfactory TO the counsel for the defendant if they
could have had an opportunity of examiping the
paper read by the District Attorney.
Mr. FENpALL replied, be had told them that
they could do so.
Mr.. CARLISLE. Precisely. He had understood
that 1t was to be filed this yesterday morping
but it had just been read to them, and therefore
they could not have time to dissect il.
The CouRr said the counsel for the defence
could have time
Mr.. CARLISLE replied that he did not ask il. He
knew 1t was the object of the Government to pro-
crasunate, and therefore he could do nothing more
agreeable to the District Attorney than TO ask for
time. Every days delay was an additional griev.
ance and hardship to his client From cursory
examination OF the paper, it stated no fact as
foundation tor a motion of postponement As long
ago as last March the United States were urging
and clamorlng for the trial of John Charles Oar
diner, insisting that this was a ready to try
They did not say they were not prepared to ma Ike
good the indictment, but declared thew were
armed with the fullest proof to establish the gull,
OF the accused. If they were ready then WHY
were they not ready now? If they were at that
nrnu rod IN ,hN
mines, they were prepared to show il now THE
title Of the defendant to the mines at Iaguinillas
was proved by two witnesses. If this was ground
Tor PostPonement, there was no other case which
might not be postponed again and again until
the defendant has no means to bear up against it
The Government was ''taken by surpriss' because
man could prove wha. he said was true II ira,
surprise" and therefore another expedition
was sent out TO buy up witnesses and send them
hlther. One Of the reasons for a postponemcnt
was, that these commissions had already cost the
United States large sum of money, which would
be greatly increased by the last one Now, this
vas most piteous complaint. Ii brought them
absolutely nothing, and less than nothing The
last commission was sent off under sealed orders
to make witnesses for the occasion Mr. Carlisle
then addressed the court in strains of feryid elo-
quence, insisting THAI the United States had done
great injustice to the accused, and acted in a
manner incompatible with the RIGHTS secured nv
our republican institutions
MIR. FrSDALL replied, saying, in substance that
buS COhuuSt Vi tue defendant { DIR. Gardinerl was
such as to show discrepancy in the ninipp titles
de had been asked on four different occasions to
point out his mines, and had had certain facilities
offered to him for that purpose, but he refused to
20 -. N9i ne arrogated the right to appoint the
othcers Instead of prudence, as il had been
called, 1t was impudeuce Offers were made
which Gardner refused. Mr. Fepdall denied the
charge that witnesses were bought and exclaimed
Lne circumstances under which certain Mexicans
were brought to Washington. Nothing but fair
and honest persuasion had been resorted TO If
extraordinary and unprecedented means had been
employed to procure testimony in this case, it
must be recollected that this was an extraordinary
case, both in its conception and results
he then made a calculation, that the last COM
mission despatched to Mexico TO INQUIRE in rela
uon to the mines would return about the fifteenth
OF july There were were forty persons in Jail;
and 1t all probability there was sufficient business
to occupy the court until that time
win reference TO remark of Mr. Carlisle
that nine OF the twelve jurors had pronounced
ueorge A Gardner innocent, he said that they
were, perhaps the only nine men in the United
States who thought so. As to another allu.ion of
mat gentlemen he was of the opinion that instead
OF the power of the press being brought to bear bv
the United States, it had been made use of by
gentlemen the other side
Mr. BRADLEY. lndict me for libel, and | will
prove that the United States have been instrument
tai in publications.
Mr., FENDALL. Prove it,
Mr. BRADLEY. | will prove it in two hours.
Mr. CARLISLE. | make the charge en- my oV n
responsibility The Government officers have
turned on the defendant
Mr.. FENoALL They must have been feeble
LOT ~ seems the public press turned the other way
Inc OoUsr. The press could not have done
much 10 praise, for both sides find fault with il
MIR. FESDALL resumed bis remarks, saving. as
10 the secrecy OF despatching the commission il
was necessary to success.
MIR. BRADLEY replied to Mr.. Fendall in a speech
OF some length, Insisting that the two papers re
ferred TO By the District Attorney describing the
mines, did not differ in material degree and he
'nowed the injustice of postponng this trial until
an &c paIk commission could return from Mexico.
Inc JUDGE CATER understanding that Mr. Fen.
daIls motion for postponement included all the
Gardner casey said that he was now informed
othclally, for the first time, that the Government
was engaged In procuring additional testimony,
and that the commission would return to the Uni
ted States probably in the middle of July This
was not motion for continuance but for postpone.
ment. He thought that, as the United States ex-
pect 10 receive Information in short time, it was
the DUTY OF the court to await it's reception. He
hoped that each side would look to the fifteenth of
July, and prepare for the trial accordingly.
The counsel for the defendant wanted the day of
trial named with certainty. Mr. Bradley said that
II the case shall be postponed beyond the fifteenth
Oh July, II would be impossible for Mr.. Carlisle and
himself to attend to it, for they were obliged TO be
IN the circuit court during September. The Uni
once.
The CoUsr. | said you could look to the 18th of
July as the day.
MIR. CAsLIsLE said that if the commission of
which they had been notified, shall return, and not
make such report as shall satisfy the prosecution
of the truth OF the testimony of Messrs Abbott and
Slocum, he should claim a continuance for che de-
fendant, in case they could get the means to send
out and procure evidence from Mexico.
Mr. FENDALL. Fix the fifteenth of July.
Mr.. CARLIsLE. When we proposed this, the
prosecution refused. We hold the right to have
continuance TO meet the testimony of the commits
sion, il they bring testimony against the evidence
of Abbott and Slocum. 1t gives right to con-
tnuance.
Mr.. FESpALL proposed some understanding with
the other side; but
Mr.. BRADLEY said they could not fix the day
could not come to any understanding.
The court adjourned
FIRE.-f esterday morning, ut quarter to five
o'clock, the carpenter shop of Messrs Munday &