Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1853-05-23
The Gardiner Trial.
WAsn1naroN. Nav 4.

/ In the Gardiner cese this morning, the counsel
having agreed upon; the bills of exceptions, the
District Attorney at ten O'clock, commenced sum-
ming up to the jury He was gratifei that a case
which had occupied two years since the finding o:
the Indictment, had been brought so near conclu-
sion. He began by referring to the great objection
of conspiracy of the two Governments against
the defendant II the United States has conspired,
President Fillmore was the arch conspifator, Tor
whatever was done was through his agency. So
far from conspirng against him, this Government
had afforded the defendant every facility for sub
Stimulating his claim.
The Senate committee and tae President, when
about to send out the commission to search LOT the
| mines, made various propositions to DR.. Gardiner
to Join them and point out the mines, all OF winch,
as the evidence showed, he had refused. NOT was
there any substantial evidence that Mexico was
conspirator. Had she have been IN that altitude
she might have imprisoned and severely punished
the defendant, instead of which her conduct TO-
wards him was lenientin the extreme.N An attache
of her legation here, not legally bound to testify
has come INTO court and endeAvored to dlscredit
one of the witnesses for tile United States. The
hardship complained of in requiring the agents Tor
the defendant to take testimony at Alexandria last
summer, he showed was unavoidable, in conse-
Qutnce of the engagements of the Judges and
Mayor Cf Washington.
The counsel then adyeIted to The secret mission
of Capt. Barry TO Mexico, under the assumed name
of Edward Smith, as being necessary to the ends
of justice, and fully justified by presidents. As
10 ptOS6CuuOu paying lllSSdl anu
COMPENSATION to witnesses, nothing had been slip
ulated to them beyond their reasonable expenses,
and that was necessary to get them here. Many
desirable witnesses could not be induced to leave
their business and come here at any price. He
called attention to the fact that this Indictment
was found against the defendant on the testimony
of ten witnesses, only two of whom could be OBJ
tanned to testify at the trial, which should be duly
considered by the jury, in addition to the evidence
elected. @
After noticing several other objections raised by
the defence he proceeded to address himself to the
charge. The law says: s'If any person shall swear
affirm falsely, touching expenditure of any mon
ey, or in support of claim against the United
States, he she shall suffer as for wlful or cor
rupt periury.' The defendant had made oath to q
memorial setting forth large claim, The ques-
| ton is, was the oath true or talsef 1t was not
necessary for the United States to satisfy the jury
that every one of the avennentss in the memo
rial was false. If they showed any one state
ment matersl to the truth of the oath false, that
was enough.
He called attention to the different accounts the
defendant had given of the amount of his claim,
stating to Miles that it was 10000 or 100000, to
Johnson that il $780, 900 to S170,00O and that
they could make it what they pleased; to Thomp-
son that it 250, 900 OF J0D0; and finally set
ting it forth i'll the memorial as S3S0,0O0. So an3-
iols lac to get the claim called up at once that
he was willing to give fee Of &c, 900 or $4,000.
Why give such fee if it was a just claim? ltwas
remarkable that every incident III this case, every
thing in the conduct of the defendant hat to be
explained. =e-s' ai'
He read the memorial and protest, TO show the
motive of the defendant in taking the oath. These
papers Showed-frst, that the defendant was In
possession of large mines; second, that his per-
sonal presence was necessary to the management
of the business; third, the existence of a mining
title; fourth, that he was owner of the mines. IT,
then, they could establish the falsity of any one
of these propositions, the defendant was guilty.
He would undertake 10 satisfy the jury, from the
testimony, that each and every proposition was
false, and it would follow that if the defendant
had no mines, he never was expelled from tlt
mines. $500
Without concluding, Mr.. Fendall, at 4 O'Clock
gave way TO motion for adjournment.