Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-08-20
THE GARDINER CASES.

ihe DISTRICT ATTORNEY stated 10 the Court that he
was about to submit motion in the GARDNER CASKS.
In June last the Court the application Of the United
States postponed the trial of these cases to await the re-
turn of the Commission which the Government had sent
to Mexico On that occasion he had stated to the Court
that the United States would be ready proceed with
trials SO the Commission should return allowing
Few days for collecting absent witnesses. Teegraphic
despatch has appeared in the newspapers to the effect
that the Commissioners had the 18th instant reached
New Orleans on their return to Washington Though the
ueyernment had not it believed, yet received any
communication of the fact there seemed NO reason for
doubling it. At all events the counsel for the United
States were willing to its correctness The Dis
rct Attorney supposed that ten days would be sufficient
time to allow for the Commissioners and certain
absent witnesses to be summoned He therefore moved
the Court to fix ten days hence for the trial of the cases
The pending molten of the counsel for the defendants
for continuance could be considered by the Court at
the time.
Mr. CARLISLE said he had nothing to add to what he
had stated during the discussion Friday His
Mr. BRADLEY and himself had obtained from the Circuit
Court posponement of their there till the first
Monday in September in order to enable them to attend
to the Gardiner in the Criminal Court; and they
had understood that the District Attorney was party to
this arrangement They had urged the trial these pro-
secutons, but this Court thought it right to postpone
IL
impossible TO nis even one Of heac cases. R now taken
up before the FIRST Monday Of September and they could
not expect the Circuit Court grant further postpone
ment We're this Court therefore, grant the motion OF
the United States it would be equivalent to requiring the
defendants to employ counsel He need not say how
great would be this hardship in of this description
Their present counsel could not without violation Of
professional duty abandon the which had been
postponed.
The DISTRICT ATTORNEY said the counsel on the other
side were both mistaken in supposing that he was any
party to the arrangement by which their civil cases were
postponed During the trial of the Indictment against
George Gardiner in passing through the Circuit Court
room, Of the Judges remarked him that some dis
position must be made of the civil of the United
States the trial docket His that he was
then constantly engaged in the Criminal Court and could
not be in the Circuit Court These cases were subse-
quently continued by the Circuit Court he not being
present. till the next October term, instead Of being
merely postponed to the session of September
as the civil cases of Gardeners counsel con-
nuance to the December of the prosecutions against
these defendants would be attended with
pense to the Government, and with the danger of its
losing important testimony The foreign witnesses had
been long absent from their homes and their business
and were inpatient to return They had already been
detained much longer than had been promised and ex
peced ThScontinuance granted to the defendants last
followed by the loss of important testimony
to the Government. Some of the witnesses refused to
The circumstances in which the counsel for the
defendants placed though much to be regretted
their account the result of calculations which they
had made the Of the trials in the Criminal
Court which calculations turned out to be erroneous
But this risk which they had taken themselves.
The result ought not to weigh against the public cons
derations calling for speedy TRIAL of the cases. The
nof4h a Cnprt ,rp1 Ilorit for
tinuance and none had been filed.
The CouRT said it was not in the habit of requiring
adayits when the matter rested in the personal know
ledge Of counsel and the Court.
The DrsrRIcr ATTORNEY. We do not ask the counsel
their statements bnt insist @Rdavitc
from the defendants
Mr. CARLISLE remarked that he had not said that the
District Attorney party to the arrangement by
which the civil of himself and his colleague
postponed What he said that he understood such
to be the fact AS to afiavts, he not what
the defendants could state. He thought newspaper
port that the Commission had returned was insufficient
basis for the District Attorneys motion.
Mr. May for the United States enforced the grounds
taken by the District Attorney in support of his motion
fix early day for the trials and in opposition the
motion on behalf Of the defendants for continuance
Mr.. NJ concurred with his colleague that the United
States not party to the arrangement in the Cir
cult Court Had that been he must have been privy
to it. He referred the situation Of his profess
sona business elsewhere placing him in circumstances
quite inconvenient those of the gentlemen the
ether side. He did not however regd the convenience
of counsel either side subject for consideration
these motions The present Commission had gone
the spot where George A. Gardiner had located his mine
This he did during the recent trial for the first time
The Commissioners had taken with them copies of the
drawings which the defendants had offered in evidence
on the trial The counsel for the Government knew not
what evidence the Commissioners had brought with them
whether they had brought any. But, said Mr. NJ,
willing to take all risk that head and it is our
duty TO insist trial. If the Court think ten days are
sufficient notice. let it be fortnight As to the evil
dence Of the return Of the Commissioners the statements
in the newspapers correspond with the last account from
Capt. Mordecai Mr.. NJ concurred with his colleague
in requiring affidavit.
The CouRT after expressing its willingness to try the
any day which the counsel both sides might
agree on and its regret that such agreement had
been made decided that the defendants entitled to
continuance till the next term, and ordered the con-
tinuances to be entered
The DISTRICT ATTORNEY. The Court having over
ruled motion and granted the motion Of the defend
ants to continue the cases till the December term on the
ground Of the engagements of their counsel in the civil
courts propose the gentlemen to set the for
trial the first Monday in November. That will be
saving month.
Mr. CARLISLE said that the next term Of the Circuit
Court would begin the third Monday of October and