The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-17
THE TRIAL OF DR.. GARDNER,


On an indictment fOr False
. Procure an Award from sAe Asso '"oAscsn
Uo.rd ofCommlssioners.
IRON the Washington Republic, March To-
Cprx1NAL COURT FOR THE DISTRICT OF COLUMBIA.
The Ta,ted States rs. George a. Gardner
u.ssm. philip X. Fendal, United States District
Mesus Joseph II. Bradley, James M. Carlisle, and
b. f. Perry, OF South Carolina, for the defendant.
SECOND DAY.
Franklin s. Myer being sworn, testified that he
was Justice of the Peace in this District, on the
3Oth November, ls49. The memorial of DR.. Gard
ner to the Board of Commissioners being shown to
him, he testified that the oath the body OF it, the
mterlineaton, and the signature, were all in his
handwriting. He had no doubt of it. He did not
know defendant, George A. Gardner.
Mr.. Fendall here proposed to read the memorial.
Mr.. Bradley objected, on the ground that witness
did not know the person who signed it.
Question.-DO you say that you do not know the
defendant Answer-Since this case has been
made public Mr. Gardner has been pointed out to
me, and l only know him in that way. Did not
say that he is the person Who signed the paper.
Q.-State what Is your usage and practice In such
cases.
ted that it was not evidence The only thing reIe
want was, did witness know the partyi The whole
point was did this man, George A. Gardner, and not
A. b., authorize you to make the oatn
Mr. Fendall-We intend to prove that George A.
Gardner was the man who signed this memorial.
We may prove by circumstantial or by direct testi
mony.
The Court-It is not absolutely necessary to prove
it directly; you may prove it circumstantially.
Q.-D0 we understand you to say that on the 30th
of November, lS49, some person, q stranger came
your presence he either signed that paper acknow
lodged it, that you do not know the defendant; that
you did not at the time, as the person whose name
was affixed to the memorial? A.-Yes.
Q.-Say whether, upon examination the signature
was not signed before the paper came to you? A.
/ cannot say that.
$50 the nterneaton, and your signature, in
the same ink and all the rest of the paper in different
ink? A-There may be difference in the shade Of
the ink, though they are very nearly alike.
Q-Do you recollect whether the person who
made the jurat signed the paper in your presence
Al do not.
Q-Do you recoect whether you asked the per-
son who signed the paper it his signature? A.
1t is my uniform practice, when paper comes be-
fore me signed to ask the party whether is his sig
nature.
Q.-But you have no distinct recollection whether
that practice was followed in this easef A.-No.
Q.-Do you recollect any case in which you have
devated from that practice? A.-None that know
OF.
Q-Was the jurat all written before it was brought
to you? Alt is in my handwriting,
Q-The whole OF the juraE Al believe it Is.
DR.. James s. Mackie, sworn. Q.-(The memorial
of DR.. Gardner being shown him. DO you know
that signature? Al think recognise it.
Q-Are you acquainted with the handwriting OF
George A. Gardneri Al have seen it.
Q-What are your means of knowing his hand
writing2 Al have replied to letters addressed by
him to the Department of State.
Q-Have you received answers to those letters.
Al have seen rejoinder to one of them.
Q-Your information touching the handwriting OF
Dr. Gardner is derived from correspondence with
him Att is and think Dr. Gardner referred to
the first letter in personal conference with me.
Q.-Can you recolect the dates OF those letters
Al cannot assert positively though the fact can lie
Q-Were they dated before or since the indict-
ment OF 10th of July, 1851 Al suppose very near
that time, but should be unwilling to say whether be-
fore or after
Q.-Were the letters addressed to the department
from this city A.-From this CITY,
Edward Johnson, sworn.-Q.-Were you Secreta
yto the Mexican Board Of Commissioners! Al
Q-What time were you appointed? At was
either the 18th Of July or 18th Of August. / think
it was in ls49; am not certain, but can ascertain
by reference to papers.
Odd you ever see that paper before Showing
him the memorial c: DR.. Gardner) Ayes. |
was appointed in ls4s. | know it by the date OF
that paper.
QIIs that your handwriting pointing to some
portion Of the endorsement.) A.-Nes.
Q.-Are those your initials! Ayes.
Q.-Do you know whose handwriting this is
pointing to the body of the memorial.) Al am
not certain of the handwriting. think ii is that Of
the clerk of the committee, Theodore Barnard The
words on the back OF the memorial at the top, UNI
Der - !" and the date, November term, ls49, are
in my handwriting.
Q-What does the date indicate Att merely
indicates the time at which the memorial was filed.
Q.-Lower down, after the word Received
whose writing is that Al cannot tell 1t is fol-
lowed by my own initials and pencil mark, which
shows that, whoever wrote the word Received" /
was present at the writing. The committee adjourn
ed think about the beginning OF July, and did not
meet again till November; then sat again in what
we call the spring term.
Q-Do you recognise that handwriting? pointing
to the endorsement in red ink.) Ayes, (reading
it, Filed by W. Thompson, November, ls49. The
word received" is not in my handwriting, but my
initials show that | was present, and knew OF the
writing.
Q-Do you recoect whether that was one Of the
papers before the Board of Commissioners Al
have not precise recollection Of the paper apart
from these marks. With these marks | am able to
identify the paper as having been before the board
Q.-Was the paper under your immediate custody
Alt was not under my Immediate custody, but
under my general supervision.
Odd they act upon the paper A.-Whether
they acted upon the paper or not have no personal
knowledge, except that it was filed in the case.
Mr.. May.-What was the practice OF the board in
regard to papers that were filed with them?
Mr. Bradley-We object to witness stating what
WIS the practice ofShe board further than in this
case.
Q.-where these the rules of the board? (ywo
copies in different form being shown him. A
They
Q-There is a rule that requires every memorial to
be sworn to- is theret Ayes
o. understand you have no specific recollection
about this paper being read by the board. Do you
know that the papers filed all read by the boardi
Al cannot tell that. can only say that the prac
ce Of the board vas to take up these cases ia their
own private way. was not always present when
they were taken up When they came TO the partic
nar point of settling the precise amount Of the award
always made It point to get out OF the way so as
TO avoid hearing the precise amount OF the award.
And think there was only one instance in which /
did not do so.
Q.-Doy you know whether George A. Gardner wvs
present at the sitting Of the board? Al know that
the board repeatedly requested him TO be present to
examide him upon such points OF difficulty in the
case as they thought required explanation.
Q.-The relies rebuired every immortal TO be sworn
to- did they? Was there any other paper filed in the
case of George A. Gardner besides this, a. his me.
mortal? Al aware OF the filing Of previous pa
pers; the date Of the introduction of this me.
mortal; before that time the case of DR.. Gardner
had uHquestionably been taken up by the board: