Washington sentinel., 1854-02-02
gotal anS YsrsonaI.
Criminal Court-The Gardiner Case.-on

Criminal Court-Thc Gardiner Case.--On
Friday last, the counsel for DIR. Gardiner opened
the defence. The learned counsel read numerous
documents and letters TO show the conduct of the
accused since the indictment was found against
hlm. Among them is letter from Dir. Gardiner,
written at London 10 the district attorney of this
city, stating that he had just heard Of the
tion brought against him that all his funds were
in the United States, at the disposal ofthe govern
menti and that he would return Immediately TO
stand his trial. Another document was read, by
ident Fillmore, in the early part Of the trial. and
when il appeared impossible for the government
10 obtain witnesses, to go to trial on the affdavits
in possession Of the prosecution; also an offer
from DIR. Gardiner 10 go 10 Mexico with an
agent appointed by The President, and show his
mines, &c.
On Saturday the day was spent in arguing the
admssbiity Of an absent witness beyondthe seas,
whose evidence was given in the past trial and
cross-examined BY the prosecution. II was finally
admitted by the court.
On Monday, after reading various documents,
Captain Alfred Day was examined. He knew DR..
Gardiner, while acting assistant surgeon in the
United States service at Tampieo, lS47; that he
had charge Of one Of the hospitals, and had cured
him OF the yellow fever, &c. The following
letter Of instructions from the State Department
TO our minister at Mexico, during the last admin
stration, was then offered by the defence, 10 show
the bias under which witnesses were brought here
by the prosecution
" DEPARTMENT OF STATE,
@ g WusAingtoa, august %, 1851.
"SIR: Messrs J. H. Mears and Dr.. 6. A. Gard-
ner, claimants under the treaty of Guadalupe
Hidalgo, in whose favor awards had been made
by the board Of commissioners, having been ac-
cused Of obtaining them by fraudulent testimony
the subject was recently brought to the notice OF
the grand Jury Of the District of Columbia who
have found true bills against them. You will
herewith receive an abstract, and also copy OF
the memorandum, prepared for this department
by the attorney of the United States for the Dis
trict of Columbia, of the testimony referred to-
As the trial of the accused will take place in De-
cenlber next, il is desirable that proof of the
charges against them should be obtained As a
preliminary step for this purpose, you are au-
thorized and directed TO employ discreet and
intelligent person versed in the mining laws of
Mexico You will instruct him 10 proceed TO the
city of San Luis Potosi, in the vicinity Of which
the alleged mining operations of the accused are
represented TO have been carried on. He will
then make diligent and minute inquiries, and as
certain the names of witnesses who may be able
to prove the alleged frauds, and their disposition
to come to this country for the purpose OF testify
ing at the trials, to give their testimony in any
other form which, by agreement between the coun-
sci OF the United States and of the accused par
ties, may be decided upon. He will draw up a
full report upon the subject, which il is desirable
should be rendered 10 you, and by you transmitted
to this department with all practicable expedition.
You may allow the agent compensation at the
rate of eight dollars day, and his necessary
travelling expenses TO and from San Luis Potosi,
and may make to him such reasonable advance
on account as you may deem proper. You wall
direct him 10 keep an accurate account OF his
expenses, which must be supported by vouchers
in every instance where they can be obtained.
The account and vouchers will be transmitted
hther for adjustment when he shall have con.
cluded the business confded TO him. You will
draw on this department for the compensation
and expenses of the agent. You may also inform
him that if his efforts should lead TO the attain.
ment of testimony sufficient TO convict the ac-
cused, fifty per cent. additional compensation will
be allowed him.
g am, sir, very respectfully your obedient SER
want, w. ). DERRICK,
f& g Acting Secretary, &c.
z ROBERT p. LETcHER, esq, ts s4
ass.ssse,s M @ ssMinister, &C., &C., Mezico.n n..
January 3l.-The greater part of the morning