The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-06-08
The Gardiner Trial.

The Gardiner Trial.
CRIMINAL COURT FOR THE DISTRICT OF coLUM-
Reported the Union
FIFTY SIXTH DAY-THuRspAY, MAY 10, 1858.
[IS coNTINUATioN
The DISTRICT ATTORNEY contlnaed as follows
| lave necessarily been Obliged TO treat some parts OF
this rather summarily Ii had given the same at
tenlon TO all parts which have given to some, should
have uespassed on your patience probably beyond for
giveness. There IL, however, one topic which ! de.
that in the Investigation OF the guilt oi party you
are TO look at his conduct The learned gentlemen
upon the other side, attempting. and indeed, claim
ing the application OF that principle, thought proper
in The course of this discussion, TO give II con-
sncton rather more extensive than our side thought
fairly belonged 10 IL and under that construction. by
leave OF the court brought before you the acs and dec
laraons Of the defendant made before the board OF com
mssioneIs He claims here TO be an innocent man. On
all occasions from The time OF the indictment until The
government was able to surmount all the difficulties
which were thrown in lis way n the bringing oi wit
nesses from distant and hostile land, lie was ready o
Trial but when those witnesses came. he not
ready; aad although those witnesses had been brought
here at great expense, and with much diihculty,
they had 10 be sent back again on account OF the express
allegation ON his part, that he wanted time 10 get WIT
The United States his counsel SAID lad changed
their front. They had claimed the right, on an indlc
meni for false swearing, to give evidence OF forgery
should they fit do so, and he had not expected
anything Of that kind, and wanted Witnesses here to
show that be was innocent A right SO clear our
part was, when asserted by u.s. objected TO by the gen
emen the other side; but the court overruled them,
and evidence Of forgery has been presented 10 you which
is OF itself sufficient 10 place this man beyond all hope
of ESCAPE.
You have seen before you, although the defendant
claimed to be njuIed and innocent man, averIng that
everything he had done was just and true, hard sirug
gle 10 prevent our bringing before the jury his memo
rial, which charged 10 be false one. he was al
his instance, by his ready consent examined he
lore the hoard of commissioners on ha, very paper ura
and all he obtained his award and received his money
papers Of which The memorial and urat was one and
by the rules OF the board, could have done neither with
out the jura and yet thesereleaed ecognons by him
OF The ura, notwithstanding he struggled slrenuopsy Tor
two days escape OF court upon the technical obec
ton that Mr.. Myer the justice OF the peace. had for
gotten the man who had taken the oath. Was that The
ceeded, as he did not-suprose The court had sus
laned This technical obectlon and that paper had not
been submitted 10 your consideraton-the oil The
prosecution would have been broken down at The very
start. He would have gone out OF court but where
would have been his boasted reputation! lie wonld
have gone out OF court 10 use the arguage of celc-
braed writer, "itamous and coatentcd" He willing
10 have the prosecution broken down on that technical
geonnd 10 prevent the facts coming out before sou which
have clearly established II he had been an iqno
cent man. he would have braved and tehed investiga-
ton; he would have coarted II. g
Now, gentlemen, there Is another part o bis conduct
10 which shall call your attentions and that is his re-
fusal 10 show his mines For reason or other, he
has always refused do So 10 say where they
were, allow fend 10 go at the public expense 10
show ,hem when applied ofor the purpose by Mr. Soule.
and also by the District Attorney acung on The part OF the
government law officer And yet you told that he
did oer show them, al least that an oher made
to show them the commissioners who went out 10 Mex
leo. Now, what kind Of offer that The chief of
the commission published an advertisement IN the Span
sh language Offering reward oi $500 TO "the person
who may give him exact and circnms,aniai Information
regard to the silver nine and refinery which il is said
belonged 10 Dr. George A. Gardiner" &c The adver-
semeni goes describe the mine from the Rio Verde
mining title Though the advertisement was not con-
6ned IN IN of MeycO manItestly
looked 10 local Information from those who possessed II
II was never dreamed that an American citizen, and es
pecally who went out there with the defendant TO
become witness TO the truth, would have expected
his reward but, notwithstanding that, the commission
willing to give II 10 Abbott. provided the m
formation he gave should be such as would be useful
Blu, wba, was his oherl lie did not offer 10 20
with them himself and show them the Dines bu, TO send
guide. These commissioners then. were TO go on a
wild goose chase with ignorant guide, 10 be shown
these mines isa very easy matter. as sou have seen,
TO show mines in that country. There are old mines
everywhere and anywhere IN the adjoining States o Cue
re,aro and Guanajuat What would have been the po-
ston of The commissioners bad they acceded 10 the
shallow offer 60 with The guide to those m'nes' They
would have followed the Mexican guide, Heaven knows
where. who would have shown them some holes, or
caves, or mines, or what not. But how would they
have been able to prove TO you tshoe mino these
were! Supposng even the writer OF ibe letter had
gone with them, what power had they oil enforcing
his attendance here witness, and any testimony
which they could have given would have been en-
urely unaya'l'ng, aud would have been no ieslii 81,
hearsay evidence and been shut out by the court, The
commissioners made; honest liberal, and reasonable
suQg eson and said ia reply 10 Mr. Abbott. You shall
have these five hundred dollars"and he admits that II
was a great object with hm-"you shall have these
FIVE hundred dolh,rs, II Df. Gardiner will say that the
mines 10 be shown us are those which formed the sub
ect of his claim-are those IN controversy Bat no !;
Gardiner would not agree 10 this, but leaves the mat
ter entirely in the hands of his friend Abbott The com
missoneIs would have been false 10 their trust they
had allowed themseycs out such an ie tour as
that which was proposed When they vent 10 the honse
of Jcse Pando which the defendant stopped at La
gnnas, he behind the door with hts comrades us
enng TO the conversation. suppose they had ocen IN
huenccd by hostile feelings they would have been the
men OF all others on the face OF the earth TO whom he
should have insisted on showing these mines tie should,
IL necessary. have tied the commissioners and forced
them 10 visit bis mines He sholld have got 0rranos 10
have carried them until they the mines. An honest
man would have insisted on that. His friends would
insisted on that lie woud not have let the golden
ma nfested all mankind. Instead OF That, be rensed
to show Them the mines. u has been shown 10 you
that he privy the correspondence which passed
between Mr.. May and Abbott.
Now gentlemsn, look at the position oil these witt
nesses II they were such men as Captain Barry and
the who bad gone out there for the honest
purpose of investigating iruh and removing the vel
which stretched this dark Transaction. and Car
diner had refused 10 show them these miues they would
have made hiw DO u. They would have sad, We are
honorable and have come here TO witness the truth
we are American citizens and although we have come
TO defend you came be witnesses OF the truth and
nothing else. Here is opportunity TO exhibit your
innocence, Show these mines to The commissioners
They ask you nothing but what is right and iar and
reasonable They only ask yoo to put IN writing me aver
ment that these your mines. You have said 10 us
H., ~ yorrs Won all them Bat