The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-05-24
The Gardiner Trial.
CRIMINAL COURT FOR THE DISTRICT OF coLuM
BlA.
Reported for the Unon.l


FIFTY FOURTH paY-ruksDay. May II, 1859.
I'm coSTIsUATIoN.l
The consideration of The defendants bills of exseo
on was resumed, and finally agreed upon they were
signed by The court EH
Air. MAY | would inquire Of the gentlemen ON the
Other side whether there are any prayers for instruction.
10 ihe jury TO be offered 10 the case
Mr.. CARLISLE. Not unless there be difference the
case We think that enough has been said in The
o your Argument to justify IA In assuming tha, there
viii be no difference between us.
Mr. MAY II there be any prayers, now is the proper
time Tor their settlement.
Mr.. BRADLEY. II we d.fsr any point of law. we
may thereafter ask the court 10 set il right 8
Mr.. CARLISLE. II anticipated any prayers were
necessary would offer them now.
Inc DISTRICT ATTORNEY then addressed the jury
follows,
GENTLEMEN OF TUE JURY: | rejoice that at last we
are bt fore yobeiore you who stand this trial in The
relation Of guardians not only Of The public treasure.
but lot the public honor. The length OF lime which this
prosecution has covered, reckoning from tha finding OF
the indc,men-neary two years ag0 the magnitude OF
the case the raDhed and interesting bearings which be-
long tot; The attention with which has been and con.
lnues to be- regarded by the whole people ot the republic
these considerations permit. II they do require that
before examining The evidence winch has been submit
ted 10 you, should notice. briefly may be- the ef-
forts iade in the hearing OF the jury. and elsewhere,
represent this prosecution as persecution.
Persecution strange cry in this free land In other
countries Indeed, and at one time in the ~
IRON winch our laws, institutions, and manners de
rived, State prosecutions have often been esecuons set
on foot a, the bidding OF tyrant the solicitation Of
favOrite: unhappy times in which Judges the tools
of despos, and ures the tools OF Judges In days like
those, miserable indeed the condition OF the accused
subject at every momen, OF his lille 10 the vengeance
the caprlces OF power, and without counsel except in
the unrequeHt instances .in which the fiction OF law
was realized, which assumed the court 10 be his counsel
Such condition OF ihinss in England has long since
been Changed. In our own country Stale prosecutions
are the acls OF the people themselves through their ap
pointed agents. and Instituted III vindcation OF their
laws; while the accused has right to the assistance OF
ron Uepl hts 'frs OH hv
express provision in the constitution OF the United Sates
La day judge. far from being expected. in
legal fiction, 10 act ss counsel for the accused would as
Justly deserve censuIe Tor doing II he were To take
sides with the prosecution. In either he asSuredly
would be amenable 10 Impe4chmen
No, gentlemen, there is nothing in the history OF this
prosecution which subjects it the inpuation oil being
apersecuon. But such tnpu,aons. even ii they were
deserved would feel certain, not govern this jury, bs
government, or any OF its ocers had in ibis prosecution
manifested prosecuting spirit, though you would hold
tue and all 10 their proper responsibility
you would say that such considerations sust not In
aence you the trial Of this issuetbai how
badly those iunconafics might have ac.ed, the issue
which ysu are 10 ny s whether the accused is guilty
not guilty on the evidence brought before feel rats
tied, those impualions sould in your opnion, be
10 any est,nt, great or lille, deserved they woad not
influence your delberaons your conclusions this
molnentons trial. But, gentlemen. we are all men-we
all subject to the passions OF men and know that
the generous spirit OF an American Juror ii he could
be brought believe that the government had acted
weuld prompt de.re TO be able to find him innocent
the evidence. This feeling is naturalist is crediiable
to the human beart--it IL consenia 10 the American
character
1t is Important however, TO the Just administration Of
our laws tha no matter how audabe may be the feeling
under which the juror ac, he should not 60 into the
box retire TO his chamber with desire TO find
diet one way The other. | shall therefore show to
you, by brief review of this part Of the that there
nohing in either The object, the origin. the history
of his prosecution which justly subject in the
slightest degree 10 The opptobrum OF being persecution.
What its object! To vndicatc public justice, and 10
the treasury OF the people OF these United States
against future depredaons, BY showing 10 every
that if the accused be guilty on the law and The evidence
he shall not go uDpunshed that there shall be i'm
punty in this 10 encourage future offenders This
most important consideration; and il required those
TO whose hands the people bad conbded the executive
government of this country to leave no far and honest
untred 10 have the truth investigated and il The
accused should be guilty. TO bring aim to justice. There
is connected IN any way with thus prosecution,
so lar az know. who has not acted in that spir, and
who does not feel disposed TO II the defentant in
aocent, God send him a safe delsyerance
What is The origin Of the prosecu,ion II has been
gsd upon its conductors that they desire to shield it
under The OF the late President OF the United States
We desire TO shield our agency in this mailer under no
name. We willing 10 lake our iu share OF the re-
sponsbiy Indeed, one OF The counsel has been CHARGED
with taking rather than his share TOR 1t has been
topic OF complaint which sball notice in is proper
place. that when The President Of the United States
disposed 10 accept certain proposition made the part
of ihe defendant. the District Attorney undertook TO
Wuen feLsrfeu 10 Dln True Inc pIopO-
son was referred TO the District Attorney, and he did
refuse it, and for which be rs willing 10 stand
before you and before the country. But, gentlemen
while do not desire to shield our action in this prose-
cuon under the authority OF the laie President OF the
United S,ates Mard Fillmore, We have no disposition
hear in silence that high and vuous name Invoked.
directly indirectly, authority asains, u.s. II, there
fore, becomes repeat what may have sad on sew
era previous occasions In your hearng that this prose-
cuon instituted by the express diectns OF Pfesi
dent Fillmore That ,llustrious and patriotic man, who
looked with single eye the good OF his country, and
whose loyalty 70 duty has enabled him TO retire from OF
ce with general applause from OF all parties-wh
the annoup verdict of his co0nivymen that he was
faithful public scvantthat exalted fnnctionary in obe
dence The eanse OF the constitution which requires the
of the United Sates TO takc that the law
be faithfully executed when he was informed that state
nenis had been made to the effect that the award TO
George A. Gardiner had been obtained by fraud, directed
the matter he brought before The grand jury of this
District There peculiar bearings ot the case fresh
IN your recollection, bot which il is unnecessary more
prectsey advert TO- which made IT, in the Judgment oil
he President proper that The intercourse q e executive
to the should be had by the President himself and
accordingly a The npor'sn, stages OF the prosecution
he was consulted The important steps hich were
taken under his advice and direction and his pro-
been approved and adopted by his
This prosecution is said to he conspiracy between
the government Of the Usied States and the government
|ol Mexico TO oppress Individual Two great govetn-
together 10 oppress and destroy this Tor
Iorp aud innocent man! Ii II he conspiracy then
the American side OF 1T Mard Fillmore Is the arch con
spifator! II he who nsu,ed this prusec uion II
he who decoyed tbs defendant acfoss the Atlantic,
about that You have head Of a. breach Of tAs publc
faith which committed in holding ,hs defendant to-
bail after he had the under Aovt OF
treaty between him and The government II there w2s