Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-06-25
THE GARDNER CASE.

CaslsAL CoURr.-Y Yesterday, at the opening Of th
Courk Mr. BRADLEY, counsellor John Charles Gardner
ndicF for false swearing called upon the Court to giv
its dfison in the matter Of proceeding with the trial
his e prayed for the day before by Mr. CARLISLE TIL,
subjft being temporarily laid aside Augustus Gable wal
arraEned for petit larceny in steaing four fvedolaI
pecf and some knives and spoons from Mr. Egelbrech
in Nhrch last The jury having found him guilty, the
CeU3r sentenced him to years imprisonment and to
payk fine of one dollar.
M FESDALL then read to the Court his statement OF
reas Why the trial of John Charles Gardiner should be
postponed These reasons in substance, that new
intelligence had been derived from the trial OF George A.
Gardner Ito the surpise of the prosecution to the 10
sat4 OF his alleged mining property which said
to b in Queretaro instead of San Luis Potosi that the
mdwould not be long, few weeks at most, before the
subt of the existence nonexistence of these mines
wouR be probably cleared up, the Government had
dispatched new commission to Mexico, under crcum-
stanc we'll caculatsd TO bring the truth The COM
n,isson left NsH Yk, May 2StE in thA steamer Vixen
under Lieut.. SwARrwoUT who had been heard from at
Havana which port he left the 9th Of June, with the
babty of arriving at Tampico by the l2h theresbout
The expectation is that this commission will return to
Washington by the middle of july unless unexpect
ed delay intervenes.
Mr. CARLISLE, in reply to this statement of reasons
spoke at length with great earnesness and power of the
He contended there for the posponement
Of case already two years the docket. In March,
and in February last the prosecution asked to go
into this trial they pressed to be ready then why not
now? There good grounds for postponement Mr.
CARLISLE denied that any additional light had been
thrown by the late trial upon the locality of Dr. Gardn
ers mine what he had at first given as to its position
just that, and no more which had been produced
throughout This place in the county of Laguinillas
in the State of San Luis Potos Republic of Mexico, in
the Huestaca range Of mountains, and opposite Cerro
Gordo Mr. CARLISLE ,so denied that Gardiner hadfour
times refused stated by Mr. FENDAL to designate to
the Government its AGENTS the whereabouts ofhs mines
He also justified the objection made by George A. Gar
diner to the persons selected commissioners to nves
gate his mines theywere ez pdrte and bitterly hostile to
him il was be expected that he would unite with
them under such circumstances. Mr.. CARLISLE spoke
with great warmth nd force of the secret character of the
acting commission who went out with sealed orders,
and whose expedi wholly unknown to the accused
The commission went out not in proper spirit but to
make themselves witnesses. In conclusion, he characte
rzed the conducof the Government in this prosecution
partaking of the features of the old State trials
Of Great Britain.
Mr. FESDALL the District Attorney, in reply, said that
notwithstanding the vehement denial of Mr. CARLISLE
there was diff Sence in the two mining titles. As to the
much bruted offer of Dr. Gardiner accompany the COM
mission it should be remembered that the consent Of his
bail was requisite that for what guarantee was there
that after getting out Of the jurisdiction OF the United
States he wou return to the United States Every
form Of fair proposition had been made to him TO substan
offered that fhe would give the Of six reputable
men in all MEXICO who would testify to his property in
the mine the Government would accept it as proof The
counsel thi other side had said that witnesses from
Mexico for the United States had been bought this was
not true thet had been promised reimbursement for all
proper expenses and indemnity for any losses their at
tendance might involve, but nothing whatever beyond
that The people of the United States, in Of this
character were strongly interested TO know the truth
and they were willing to pay what was essential 7
that end.
IN NAY furnish him R5e (somo fgnorsnt Me- exfcan
to DR. Gardeners alleged mine r- District Attorney
tended il was fraudulent Offer and would have availet
nothing had il been accepted for when subsequent
w. DR. Gardner was asked write two lines acknow
ledging the mines pointed out by Abbott his he
fused to do it.
The counsel for defendant had alluded to the PROPOSE
tcn Of the United States to into trial at the beginning
of the last term. The why this done
! to accommodate the defendants side.
rat this point led by remark Of Mr. Fendalps, some
very sharp shooting took place between the oppos-
ing counsel each party asserting with warmth that the
other could be proved have subsidized the public press
in behalf Of its cause Mr. BRADLEY in particular said
two hours would suffice TO show that an officer Of the
Government had been instrumental In turning the
to the service Of the prosecution The CoURT remarked
that he supposed the press must be all right, as both
sides had found fault with il.
/ Mr. FENDALL, resuming, noticed the remark made by
Mr. Carlisle about the nine jurymen who had refused to
convict his client and said that he could not pretend
know how the Jury Stood but If it true stated
then he thought they the only nine in the Uni
ted States that could be found to hazard such opinion
Speaking of the commission just sent to Mexico,
he sad the expected them to bring witnesses
but they would do nothing inconsistent with what became
lust and honorable gentlemen. The secrecy Of these
Epedons former and present were essential to their
success and although it supposed the prior had
been rot up without the other partys knowledge, yet
that "wonderful man, Dr. Gardiner, Col Gates call
ed him Ind found il all out and presented himself in
person At Laguinlas simultaneously with the Senate
Commission.
MIR. BnApLfv replied to Mr.. Fendall at considerable
length going over the points Of the with much par
tcuarty In the Of Mr. BIS remarks, he said ht
had understood the Government to have already expended
$40 600 or $50 900 in this prosecution and appeared q
have unlimited without appropriation by Congress
He also made statement Of the manner in which tho
funds arising from the award had been disposed Of One
fourth Of the original award Of 1923 900 paid by
Gardiner 10 his counsel before the commission oneourt
he sold for S22 000 thus 24 900 of the award remain
cd together with the 800 000 the price Of the fourth
This amounted to 1896 000 which in fact what Gar
diner personally and actually received 0fths the United
States attached $220000 $3.50 000 leaving the ba
lance as the may be, Of $l60 So 000 all o
which he could avail himself to all his expenses
for four years
Counsel having concluded the CoURT said that the
had this peculiar feature that the evidence to be de
rived from Mexico, with the attendant circumstances OF
difficulty and delay. Only to-day had he heard, for the
first time officially that the Government had set on foot
new commission, which, from the calculation of the
District Attorney, he should suppose would be here IN
the course Of three weeks sosay the middle OF July
The evidence thus be furnished would probably have
an important bearing the If both parties set
day. then both could be ready by it, for he presumed
that neither party had made preparation for gong into
trial now. The Jail must therefore have the pre-
ference, and the trial Of John Charles Gardiner hS