The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-21
the TRIAL OF DR.. GARDNER,

Ap~rs IN Award from the late Asx1san
BEARD efcom.aasssoners.
rFro., the wAshngton Republic. March ISL
csu.sAL couHr roR THE DISTRICT OF COLUMBIA
TNe U~stsd States George A. G1rdnr--
Neurx Philip r. Fendan, United States District
AVorney and Henry May, for the United States, and
NeszA Joseph h. Bradley, James NJ Carlisle, anu
B. r. Perry. Of South Carolina. for the defsnaaas.
SECOND DAY.
Mr.. Bradley said-We had seriously hoped tnas
the United States would have thought II necessary
only TO make to you plain, SIMPLE ana unvarnsheu
proye. and of the points they would be obliged to
male out by the nature OF the offence. 1t has
been thought better. however, on the part OF the
United States 70 depart rom TINS common y. sun
10 you. not simple statement OF the facts which
they intend to prove, but to present the case with
all the force Of evidence, and with all that brillian
CT OF imagination and that imposing eloquence for
which the learned counsel is so eminently and de-
servedly distinguished, until the case has swelled
from that Of an alleged fraud against the govern
ed and Incredible frauds that was perpetrated
almost within the history OF mankind certainly with
in the history Of this government. And these mag
nifying spectacles have been used from the CON-
nenceent to this day and every event has been seen
through either distorted enlarged medium 80 that
If you believe onehalf or one-quarter Of what was
stated TO you at the opening OF the case the defend
ant has no right to the favorable rule by which the
accused stands before YOU no right to look to you.
On the other hand have nothing to eXaggerate,
nothing to extenuate nothing to enlarge upon in the
statement am about to make, but shall present o
plain simple narrative of facts and shall endeavor to
confne myself to the statement OF those things OF
which have either seen or heard the evidence. was
not there cannot throw into this defencethe weight
of my personal character and responsibility.
cannot state as counsel what l would state as wit
ness. / cannot appeal TO you in support OF the
witnesses may examine because also know the
facts to be My information is to be derived either
from other persons or from written papers, which
will admit OF gloss, which can neither be exag-
gerated nor diminished; the memory of which will
not pass away but Withstand as long the papers
remain. will present such case as has never be.
s s1 heard w at mns
volts, at which the heart of every man, who has q
heart that beats for liberty is shocked / make no
charges with respect to motives but present simple
facts. will show you the case of two great govern
ments combined to deprive the defendant OF means
Of defence. will make out the case, not from CLOSES
and witnesses, but from written documents And now
what Is it will advert somewhat to the order in
which the incidents occurred, and will endeavor to
present it to you On the 10th Of April 1851, Board
Of Commissioners, appointed by Congress to investi
gate the claims of American citizens aga INST the
Mexican government, protected by the treaty Of
Guadalupe Hidalgo, announced an award in favor
of Dr. George A. Gardner in the large sum of
$42s,760. to be paid on the 18th of May The
claimant was in this city, and, am happy to say,
was known and esteemed by many OF you. lie re-
NAMED here and received from the treasury of the
United States payment of the award. He did not
withdraw 1t from the treasury the moment the day
arrived but allowed to remain until the time which
best suited his convenience and he himself re-
manned here without disguise, invested the money,
and deposited the vouchers with Messrs Corcoran Il
Riggs. He settled VITA his counsel, and having
squared up all his affairs in this country, departed
for Europe will not say that suspicion set against
this claim at that time; for there is not case in
which suspicious are not raised aginst some one.
He is professional gentleman educated to the med
milo md VNhyy
clan. or that, fortunately, we can give you most
indisputable proof; for there are now living in the
United States, and l doubt not there within the
sound OF my voice men, who are honor and an
ornament to the country who can speak Of his
professional accomplishments and there are men
now living. who are living because Of his skill
and care Of them while they were confined in the
hospital at Tampico-men who had been left to die
by their physicians, and who through his skill and
care. had recovered. Of this we have indubitable
proof in the living witnesses themselves who were
baved by him. On his arrival at New York-fOr he
b still . young man, but twenty-eght or thirty
years OF age-he determined to 60 to Europe, to &C
tompiish himself still further in the profession 70
which he had devoted himself, to acquire knowledge,
end 10 enjoy the fortune which he had acquired by
his labor. In the city Of New York he met with
some old friends, and, among Others, gentleman
who understand is in this city. He met also, as
he was going 10 steamboat, with an old French
man whom he had seen in Mexico. He said to him,
AHA you done pretty well; got good lump in
treasury, and are s-gong to Europe to spend it."
Who believed it? And yet it was reported from
mouth 10 mouth that Dr. Gardner had got large
g out o. the and mA one y TRe
had argued the before the been
employed by him counsel But will say nothing
about that The man denouDCes the CASE ne does
not give back the money he received but he denounces
the case as an idle whisper. What them Why,
Gardner is gone to Europe, and while he Is away
they get Up prosecution against him for having OBJ
tanned this four hundred thousand dollars; and before
the graod Jury witness after witness appears to be ex
amined. and not one, or but one, OF the witnesses
who were examined then Is here now. charge,
then, that the government Of the United States
whatever may have been their motives or instrument
talities for doing it-have instituted prosecution
against this defendant upon naked suspicion. shall
read you by aud by the names OF those witnesses
and here are the same number OF witnesses on the
part Of the United States. What next? The first
thing that DR.. Gardner hears from America Is that
he has been indicted for obtaining money by false
swearing. There no treaties existing between
the United States and Engl md by which he could be
brought back. His funds subject to his control; he
has but to draw for them aud they are forthcoming.
This inyeter ate schemer-foOl well aS knave-
writes Immediately TO the District Attorney OF this
district stating that he is Informed OF the
which had been instituted against him and desires
to meet II O tie It'll of July, 1851. What follows
Counsel are employed A CORRESPONDENCE is held
with the President Of the United States, and 1t Is ex
pressiy stipulated and agreed that II Dr. Gardner
will return to the United States to answer to the
charge OF having fraudulently obtained money from
the United States he hal be released from bail and
stand to suit And then whati Why, OF cours Sc
he United States ready TO enter into trial the
moment he came back. He appears in court, and
% far from the United States being ready, the case
3 continued, for their benefit, until the next term.
The next term arrives, and ne is here, ready-ready
nith his witne. ready to try the case. The
United States is not ready. Let go back little
10 soon az the awards declared by this commits
sion, and 1t ascertaned that there was surplus
remaining uiappropriaiea by those awards, that
surplus claimed by Mexiso. BY the treaty OF
Guadalupe Hidalgo, three and half millions OF
dollars set apart to satisfy the claims OF Amer
lean citizens against Mexico; It was to be full
satisfaction for all claims, and Mexico, as the
United States understood the treaty was to have no
interest in it, but the amoaAt Of the claims did
not amount ~ three and half millions, Mexico,
through her representative to this government,
claimed the surpl g. and from that day to this she
has claimed it, and she and her agents and ministers
have attacked this claim with the expectation Of
brp RING IL hack In no maid over In her government