The daily republic. [volume] (Washington, D.C.) 1853-1853, 1853-07-28

Loo "A Il M TIERS.
The GARDINER CAsE.--Mr. BRADLEY, of coun-
sci for DR.. George A. Gardiner, yesterday called
the attention of the court to the case of his client
After the termination Of the last trial, they were
advised by the United States to be ready to try
the case again on the 18th Of July. That day had
come and passed, and for eleven days nothing had
been said or done respecting the case. He desired
to know now what was to be done in the case.
Mr.. FENDALL replied, saying that it was some
thing new to him that the 18th of July, or any
other day. had been fixed for the trial of the case.
In making the motion for the postponement of
the case, the court would remember that he en-
tered into calculation to the probable time
it would take for the commission sent out to Mex
leo to return, and expressed his opinion THAT it
might return by the 18th of July. But it was
purely conjectural on his part. The court would
remember that the counsel for the defence had
refused to fix that day for the trial. He had not
obtained any information relative to the commits
sion, but he was not aware whether the Govern
ment had received any or not. When the COM
mission returned the United States would be
ready for trial, and would resist any motion for
contpuance of the case. He was unable to
say when the commission would return.
Mr.. Bradley said that when the 18th of July
was mentioned, it was understood that by that
day. both sides were TO get ready for trial. He
had since then received notice from the United
States that they were now, and have been for
some time passed, examining one-half the wit
nesses who were called the trial; the dispositions
to be used in the civil cause This fact disclosed
that the witnesses for the United States here,
and the prosecution therefore was now ready tor
trial. He wished to know something definite with
reference to the case-whether it was to be tried
and, if so, when. 1t was we'll known that the
funds of DR.. Gardiner were locked up by the
Government, that he had no money and he was
not able to bring witnesses here and keep them
week after week. To allow the United States to
go in this way, and put off the trial from time to
time, it would be unjust as it was an unheard OF
proceeding. It would be idle for the defendant
to attempt to keep his witnesses with no money to
pay them. If the United States do intend to try
the case, let them say so if they do not let them
say so.
When in New York he saw it stated in a letter
from Washington that the had been indef-
nitely postponed. If that disposition of it was the
same as such proceeding in legislative bodies, he
would make no objection because it would be
equal to entering q nolle prosequi; which really
was the only proper course left the Government
to pursue.
The CoURr said that he understood the position
of the case was this-that the Government was
awaiting the return of the commission which had
been sent out to Mexico. The return Of that
commission might reasonably be expected in a
day or two. After its return time would of course
be given both sides to bring together their wit
from the different parts of the United States
Mr. BRADLEY said it was idle to expect the
commission here-f they attempt to do the duty
on which they had been sent to perform--by the
first of August, or for considerable time to come.
If the commission not here by the first of Au
gust, the court well knew the counsel for DIR.
Gardner could not then try the case. The cir
cult court would meet in September to try those
cases which were necessarily postponed by the at
tendance of himself and Mr. Carlisle at the trial
of this case in March and April last That court
had excused them then, and could not be expected
to do so again; it could not be expected that the
circuit court could adjourn over to suit their en-
gagements elsewhere. Would this court, there
fore, knowing these circumstances, compel DR..
Gardiner to 90 into trial without the benefit of
the counsel who had once tried and were familiar
with the case. If the court allowed the case to
be taken up at such time, the present counsel of
DIR. Gardiner would be obliged to abandon the
if it could. He therefore asked the court to order
the case to be continued till the next term.
MIR. CARLISLE reminded the court that he and
his colleague had objected to fixing the trial of
this at so late day even as the 18th OF July,
knowing that it if taken up would continue until
after the period when their duty to the other court
to themselves, and other clients, would demand
their presence and attendance in the circuit court
And now the United States asked to have it
postponed to still later day. The case ought,
he urged, to be continued till the next term
They were now, to all appearances, us far from a
1oc Down, tad
The CoURT said that the commission might
be reasonably expected to return every day, and
the court would not continue the case. 1t would
be considered as postponed till the return of the
commission.
Mr.. BRADLEY said that the United States went
into trial before after refusal on their part to
receive the very information which they had now
sent a commission to obtain, and say the case
must be postponed till they get it.. The case was
postponed last year to enable the Government to
send commission to Mexico, and after it re-
turned they failed to get conviction.
MIR. CARLISLE said that unless this case was
taken up in three days he would not come INTO
court to try it. His duty to other persons who
had entrusted their business to him required him
to attend the other court in September, and ne
would do so. He wished the court to say whC ther,
if this commission returned between now and the
first of September-and the court knew it could
not be disposed of before DR.. GARDENERS counsel
would be obliged to attend the circuit court
would the court order this to be taken up for
trial?
The CouRr said he would not give any opinion
on that point now. The case would not be con-
tinued, but would stand upon it's postponement.
Mr.. CARLISLE. Well, sir, you can strike my
appearance from the case.
After some other remarks, Messrs. Bradley and
Carlisle left the courtroom.
DIsrRrRuTIoN OF PREMIUMS Yesterday after