The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-22

TIE GARDNER TRIAI~--We have laid before
our readers the opening statements to the jury
Of the counsel for the United States and the
counsel for the defendant in the trial Of DR..
George A. Gardner for perjury in the matter Of
his tremendous award, secured from the govern
ment for indemnincation of alleged damages
resulting from the Mexican war to an immense
silver mine, which, he says, he had been work
ing to great profit in the State of San Luis
Potosi. And having thus given to the public
what the prosecution expect to prove, and the
grounds of the defence, we shall be constrained,
from the pressure upon our columns Of other
matters, for the present, to limit our report Of
the witnesses from day to day, to brief sum-
ming up Of the gist of their testimony.
From the progress and the Developments
made in this extraordinary trial, there is no
telling when it will close, or what will be the
end of it. First Of all, there is sum Of
upwards of S42S,O0O involved mighty
temptation to the lawyers on both sides to
contest the issue to the last extremity.
Second, the defendant. to whom this amount
of money has been awarded, is indicted fer
State prison offence, that Of perjury, in
getting up his claim Thirdly, If he wins, he
can afford to pay his counsel right royally-if
he loses, they cannot expect anything extra.
Hence, their client may at least depend upon
their fidelity to his cause. He may also con-
graduate himself on having two of the ablest
lawyers in Washington, and one Of the first in
South Carolina-a partner, if we are not mista-
ken, of Gen. Waddy Thompson-to manage his
case; while on the part Of the United States, Mr..
Henry May and the District Attorney, Mr.. Fen
DALI have proved their metal in many hard
fought contest heretofore.
Thus far, the witnesses brought forward by
the government present singular grouping Of
odd characters. There is Mr.. Togno, native
Corsican, but an adopted citizen Of Pennsylva-
MIA, living for many years in Mexico, pursuing
the lucrative business of tailor; and there is
Mr.. Lewis, an Englishman, born at Aarseilles,
but who has lived among the Mexicans SO long
that he speaks his native language with Span
ish accent; and Senior Alexander Atocha, a
Spaniard by birth, an American citizen by adop-
ton, but for five or six years occupying towards
the Mexican government, as broker and money
lender, position somewhat analogous to that
of Corcoran & Riggs, at Washington. Then
there is Mr.. James Wright, originally of New
York. regular Jack-ofall-trades in Mexico
a practical operator in various silver mines-a
stage driver-the ring-master of circus-and
balloon ascensionist, among his various employ
ments, from time to time.
And, somewhat to the prejudice Of the testi-
mony of these gentlemen, all Of them, except
Mr. Lewis, has had some bad luck in his claim
against the government, as compared with the
good fortune of Mr.. Gardner. Mr.. Togno says
he put in claim of $4,000, for damages to his
goods and business Of two or three stores, dur
ing the three or four months of his expulsion
from Mexico, with other American citizens, and
that the government commissioners only allow
ed him some fourteen hundred and odd dollars,
while they awarded to Gardner, who, he says,
had no claim at all, nearly half million; Mr..
Atocha has claim Of s467, 900, for his losses on
account Of the war; but as yet he has got moth
ing, while, as he declares. he believes the claim
of Gardner downright robbery. Mr.. Wright,
also, has claim for services rendered during
the war. Now, when we consider that govern
ment set apart only S3,225,0 for the payment
of all these Mexican claims, the prejudice OF
the disaprninted claimants against Oordncr's
claim may be readily accounted for About one
half or more of his award is enjoined by the go
vernment. and if he is ousted. some two or three
hundred thousand dollars will be recovered for
the satisfaction of other claims remaining nm
satisfied. The cross-examination Of the aforesaid
witnesses shows that the defence intends to make
the best use of their unsatisied claims against
them.
Other witnesses however, have testified, point
blank, to the presence Of Gardner at Mazatlan'
and other places on the Pacific side Of Mexico,
as practising dentist, and a spcculator in mer-
chandise in small way, at the very time he
claims to have been working his silver mines
among the mountains of San Luis POtosi, en-
ploying force Of five hundred men, and steam
engines, and men ofscience, and all that This
is very extraordinary feature in the case.
Perhaps some of those five hundred men, and
those steam engines. and men of science, will
make their appearance before the trial is over;
but certain it is that the government COM
mission, after offering reward Of five hundred
dollars for it, could not find the mine, nor even
the steam engines, nor anything belonging to it.
Upon this branch Of the case we must await
the witnesses for the defence. We have no in
tention nor desire to anticipate them or the jury
in our judgment of the case. The prisoner has
been denied speedy trial; it is due, at least.
that he should have fair one. It is due, also,
to the ends of justice. that all the parties in
terested in this magnificent award should be
called to the stand; for, if the claim is fraud,
the defendant, we apprehend, is not alone re-
sponsible for it. 1t is impossible that he could
be. The case may yet occupy the court a
L. aH be- nd Ixrth hot finan the court