The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-05-18

COUNSEL FoR THE GOVERNMENT SUMMING Up.
WAsmsGros, May IT, 1853.
The counsel having agreed upon the bills of exceptions
the District Attorney st O'Clock commenced summing
mn b the Jury. He gratihed that ca5e which had
occupied years sncs the ht ding OF the indictment
had been brought near conclusion. He began BY re
fsrnx 10 great objection Of conspiracy Ct the two
governments against Il defendant If the United States
coospired President Fillmore the arch conspirator
for whatever done done through his agency So
far from conspng against him government afforded the
defendant every facility for substsntiatng his claim The
Senate committee aud the President when about TO send
out commission 10 search for the mines made various
propositions 10 Gardner TO Join them and point oa the
refused Nor was there substantial evideuce that
Mexico was consprsor Had -he been in that stttude
she might mprsoned and secretly punished the de-
endan instead Of which her conduct towards him
lensnt In the extreme An atdche Of her legation here
endeavo.e scret of the witnesses OF the United
States The hardship implanted of in requiring agents
for the defendant TO tale testimony at Alexandria last
he show ed unavoidable, in consequence of
the OF the judges and the Mayor of Wash
ngton He adverted to the mission Of Capt Barry
to Mexico under the assumed of ward Smith as
being necessary the ends of justice fully usthed
BY preceens. As to the prosecution paying illegal and
extravagant compensation to witnessed, nothing had
been stipulated to them beyond their expenses
snd that was necessary to get them here. Many
desirable witnesses could not be induced to leave
their business in Mexico, and here at
any price He called attention to the fact thst this in
dctment found agaicst the defendant che ties j.
m0Dy OF ten witnesses ouy Two OF WhOm could be OBJ
tanned to testify at this trial which should be daily
sdered By the jury in add ion the evidence at this
trial Al noticing several uther objections raised by
the defence be proceeded to address himself to the
charge. Tie law said III any person shall
affirm falsely touching the expenditure Of Any money
in support OF claim tue United States he she
shall suffer for ilful and corrupt perjury The de
PENDANT had made path to memorial setting forth
large claim The question was, that oath true or
fa a. 1t net necessary for the United states 20
satisfy the jury that evey of she averments in the
memorial fae If hey proved any one statement
material to the truth of the 18th false that enough.
called attention to the dre taccounts the dete
lad given of the of his claim stating Niles tn
it ybs $50 Geo 500 600 TO hnE that $3.50 600
to 81 coo, aud that could make it what
pleased to Thompson that 1t $3.50 900 to $500 0o0
and finally setting forth in the memorial $3.50 900 and
so anxious he to get the claim called once that
he willing to give fee OF $50 900 $50 000 Why
give such fee if it Just claim 1t remarkable
that ryth!ng in this incident in the
duet of the defendant, &c, had to be explained lie
read the mortal aud protest sho the motive Of the
defendant in taking oath These papers showed first,
that the defendant ia possession of large mines
second thai his presence to the
management of the business Che says in the protest.
third tie existence of a ming title fourth that he
was Of the mines II then, they could establish
the alsity of of those propositions the defend
ant was guilty He would undertake to satsA the jury
from test Jopy that each and every proposition
false II Would follow eorro.ry that If defendant
had no mine he never expelled from the mles.
Without concluding Mr. Fendall, at four clock, gave
O n ADJOURNMENT