The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-05-27
The Gardiner Trial.


CRIMINAL COURT FOR THE DISTRICT OF CoLuM.
BIA.
(Repored the Union
FrrY-FousTH DAY-TuEsDAY, MAY IT, 1858
I'm coNTlNUArIoNl
Mr. FENpALL continued as follows: f4
On the 3eth OF November. ls4s the defendant filed with
tne board OF commissioners alleged copy Of the order
OF 2lst October, 1916. expelng American citizens from
the State OF San Lns Poosi alleged copy OF his pro-
.es', 2ih October, ls46, against that order alleged
copy OF his mining book OF accounts paper purporlg
70 De an approval by the governor Of the State of San
LUIS Polosi OF the Conduct OF Manuel Verasegu preec
oi the department Of Rio Verde in aulheniicanx me
foregoing documents; the defendants memorial; and sx
olntr documents, purporng to be adayils OF persons
euiioSed IN or connected with his mines. Further evil
went 10 Mexico IN search OF and according to the es
mony OF his counsel Gen Thompson the additional e iii
mnny was pIesened TO the board in October November
iooo. Among the additional papers were, document
pnforing to be copy OF his mining htle taken from
tue hook OF registry of mines the Office OF the pre-
OF Rio Verde, and annexed 10 that copy five o,her doc
uments pufpong 10 be the afhdayits of Ochoa chief
INNER OF The defendants mnes Gomez, the deposi,ary
OF hs funds; E-plnosa, his refner; Simpson, his su
pennlendent OF wood and surface works and Arella.
no, engineer and surveyor OF mines.
VI lhe foregoing papers, the memorial the order OF ex
puislon me protest. the mining Title, the mining book,
and the afdavts are in evidence before YOU The me-
mortal is The foundation OF the indictment and the other
papers have been submitted yousome BY the prosecu
uon and The residue by the deenceas acts of the de-
Ia determining the qaeson of his guilty nowledse in
iakng the OATH l1s'N-I
Permit me now gentlemen TO cal your attention first
70 some passages IN the memorial: .49 a4t9
"The memorial of George A. Gardiner respectfulv
shows that he is native born citizen Of the United
States was born in the State of New York the 10Th of
March, 1878 that he is now resident OF Washington
cy at the dale oil the transaction hereinafter stated he
resided IN The State OF San Luis Potos the republic
OF Mexico that he has in any manner renounced
his allegiance the United States OF America or swon
hat oa lv ha
ls44 he engaged IN mining operations in the State Of
San Luis Potos on very large scale that he employed
hve hundred hands as laborers in cleaning out said
mines, extracting ores. building houses. erecting large
and complete refinery of metals, and the varons other
empoymens about such establishments. besides large in
vesmehis IN steam engines and other machinery horses
mules, provisions, &c and Of science in The differ
ent departments OF mining operalions-in all of which
your msmorials 392 That from the month
OF June, 1916, your memoriais realized the principal
ruis OF his iol and immense outlay OF capital From
that period to the 2ath day of October. when he was
driven from the country by the Mexican authorities, he
teceived upwards OF 1000 per month from his mises
aforesaid and that The expense of working them did not
exceed ten or twelve thousand dollars per month. This
being the very beginning OF his operations when he had
to encounter all The incon and losses of an n
cpen undertaking, cannot be regarded fair criterion
OF his future profits
OF ores extracted from the mines and would, hey ond
doubt, have realized in the next month"; not less than
$4,000 and at that rate he confidently believes for
years afterwards, as his machinery new, and his
whole establishment in every way complete all OF which
verified by the book OF OF his establishment
and The dispositions OF numerous witnesses.
800 The 2ist OF October, 1916, order issued by
the governor OF San Luis Po,osi expeng all citizens oil
the United States from that Stale within three days from
its date and on The twenty iourth OF said month your
memorlalIs was compelled 10 abandon his immense
aolIshmen and, after rtng il of everything value
and which could be removed band OF Mexican eoders
set hre 10 IL and everything was left heap OF runs
9 Your memoriasi confidently asserts that they Ii
the mines were at the time OF his expulsion worth FIVE
hundred Thousand dollars, $500 o0o) The SUN may
seem large, but not as large as the profits derived and
lei II be remembered that The condition which these
mines were brought was the result of the labor for
year, and upwards OF i've hundred aborers, and the
lay OF upwards Of three hundred thousand dollars To
fix The value at five hundred thousand would really have
been less than the value Of the OF ,ba, much money
at the rate Of interest usual in Mexico for two years be
sides the risk incurred in such enterprises
Your memorlalis further siales that he was at the
time OF his expulsion sole proprietor of those miasS, and
that he is at this lime sole OF the claim pre-
sen,ed and that no SUN OF money or oiher equivalent
has been paid 10 him any other person having
interest in the claim above set foub in fact 9th
er person has now or ever had any sucn interest"
The location OF the mines given in the memorial is
merely "lhe State OF San Luis Poiosi" fhs, surely is
no, very exact man, not knowing the precise local
y OF some coal mine which he had heard Of. would not
feel much wiser on being told that IL in the State OF
Maryland. The at'idavs and he mining title
what more particular on this head though not enough
80 as may have occasion hereafter TO remind you The
following is from The mining tide
1.-The citizen Francisco Fernandez, prefect OF Rio
Verde State OF San LUIS Pot 81
certify That IN tue book oi registry OF mines OF this
Office appgrtaning to the year 1884, at folio Is
be found an enry in The following words to wit,
"'July I2h Tie American citizen. Dir. George A.
Gardiner BY profession physician of ,wenysx years
OF age, and resident Of this place, has denoulced,
the date hereof, old mining district OF silver. having
number OF shafts and excavations containing water and
rubbish, entirely abandoned without Inhabitants and
worked since the time OF the Independence situated
branch oil the Sierra Made, opposite of SeTro Cor
do in The Sierra OF La Hu.secs, county of Lagunas.
in this department
Granted and concealed as by the petioner
subject apply for possession within sixty days, pre-
scfibed BY the ordinance.
September g. On the day of the date hereof posses
sion has been given to Mr. Gsoige A. Gardiner ia con-
ofmiiy 10 his above announcement OF said ancient
mlne,' '" &c, &c.
Now, gentlemen, let turn 10 the protest which the
defendant says he made against the order of expulsion,
and which in evidence before you the otter, not OF
the United States, bat ot himself. This paper purpous to
be dated Hacienda de San Crsloba October "a ISi6'
and TO be addressed 10 " Manuel Veras,rgu pleeo OF
received that morning, through the Justice Of hs peace
OF this district the decree order OF expulsion OF 2si
October $780, and containing that he had been notified
poivey 10 leave before 10 morTows dawn, subject
hiu se 10 be maltrea,ed and turned out by body OF
trooIs that hourly expected, &c, &c. he thus pro.
ceeds:
Ii would be impossible for 10 represent in lis
true light the surprise and asonisbnnen that this arb'
trary act has inspired me with.
ITO see the person who has encouraged the industry
OF the country; who has raised this mining district from
state a oblivion be oil the first IN the republic
who supports ppwards of eve hundred families. and is
the cause OF The prosperity OF the whole district who
has invested capital of upwards Of three hundred thou
dollars and has 'nlerercd IN matters o poll