The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-03-08

he had regarded the letter az of that character and
from Dr. Davis had not fixed his attention - '0''''s
President Fillmore deeply moved upon this state
ment, and expressed himself with much feeling Mr.
Crenden profoundly regretted his apparent negligence
in SO momentous matter and by his subsequent dli
gence and zeal within the sphere Of his official duties
compensated for the error Happily the resolute spirit
OF Dr. Davis prevented the contamination Of the fraud
so that the Misrepresentation Of the Attorney General did
not in any degree impair the case.
The government was by this event fully apprlsed and
AZ the same time convinced of the fraudulent character
OF the whole transaction Before proceeding with the
active demonstration against Gardner, another circum-
stance Just subsequent to this event must be mentioned
About the last of June 1851 Mr. Edward Curtis whom
we named as former counsel OF Gardner notified Presi
Dent Fillmore OF his suspicious about the validity of the
claim and informed the President that certain j. A.
Forte Frenchman, who had resided in Mexico and an
intimate friend of Gardner had stated TO VIM s Parro
md his brother John PARROT who had also been claim
ants for indemnity for tobacco before the Board that
Carr ner had told him orte the eve Of his departure
for En- Gland, that he had managed to impose the
ent fraudulent claims and that member OF the
Mexican egaton in Washington had assisted him (Gard
ner) by procuring from Mexico the stamped paper that
was necessary for the forgeres.
Soon afterwards Mr.. Curtis again wrote to Mr. Fill
more, saying that Parrot had Porte who promised
to put in writing what he had said to the PARROTS In
this communication Mr. Curtis also stated that he had
been engaged counsel in Gardeners by Cen Waddy
Thompson. The latter when examined witness, be-
fore the House of Representatives denied this Mr.
tbs shortly afterwards went to Saratoga where VIM s.
PARROT wrote to him. saying that though Porte bad
missed to give the paper he had not done So In July
u
ment and adding that Porte had declined to put in writ
ing the language of Gardner he had promised AL Of
which Mr. Curtis communicated to the President, who
then directed the District Attorney Mr. Fenda to bring
the matter before the Grand Jury Porte then brought
by before the Grand jury when he denied posi-
lively that he had ever made any such statement and
that he knew nothing about the fraudulent char
acter of Gardner's claim Other Witnesses however,
were found in Washington who sufficiently informed
upon other matters relating to the fraud upon which
testimony the indictment found upon which Gardner
convicted Friday last We return to the pro-
Mr. George w. slocum was at this time in Mexico. He
engaged in some Investigations there and at the in
stance of Governor Letcher, United States Minister at
Mexico, with whom government had communica led
the subject proceeded to investigate the matter of the
90 10 San Luis poto and there make local inquiry
the subject He examined the archives acquired all pos
sble information to substanate the fraud performed
his duty with fidelity and made most satisfactory re-
mort He brought witnesses from Mexico upon whose
testimony the second indictment for forgery found
II NAV be remembered with what pertinacty all these
proceedings were assaed by Gardner and his advisers
and the position they still occupied was such as to render
doubtful the result Of prosecution under the existing
circumstances At this time the Mexican commission
determined upon by the government, President Fill
declaring his purpose to expend every dollar in the
treasury that he could constitutionaly command to
bring the matter to fair and thorough judicial nvest
CATION. Mr. Crittenden Attorney General being ap
piled to, furnished an opinion on the construction OF
law which justified special commission. committee
Of Congress authorized it, and at the instance of the
mittee, Henry May Esq, now member Of Congress
sion having been already called into the by Pres
dent Fillmore. Mr.. May objected to the appointment
but accepting it OF the earnest solicitation OF Mr. Fill
more The other members of the commission were Capt.
VIM W. Hunter, of the navy resolute and perseverng
man; James r. Partridge Esq, of the Baltimore bar
yery able young man. and master OF the Spanish Ian
guage; Abner Doubleday, Of the U. army efficient
member of the commission and Mr.. Buckingham smith,
formerly Secretary of Legation in Mexico
this matter the determination and perseverance OF
President Fillmore most eectually seconded by the
energy and zeal Of Mr.. Conrad Secretary Of War; who
anticipated the wants and consulted the wishes OF the
Comm n
The Commission proceeded to Mexico visited San Luis
Potosi explored the whole OF the vicinity in which the
mine of Gardner said be located They examined
records mining titles PERSONS places and used all pos
sibe diligence to discover the vacated silver mine but in
vain They succeeded in discovering the Mexican accom-
pce Of Mears Gardner and while there obtained the
correspondence, which, it is alleged transpired between
Gardner and his brother and their Mexican accomplish
The Commission empowered to bring witnesses back
with them upon such terms as they might deem expe-
dent.
parenty carry conviction home to every unpreudced
mind 1t presented at the trial Of the case which
soon Afterwards came on Much Of it was ruled out and
all of it was adroiy assailed by the defence that the
jury did not yield their convictions to what was brought
before them They failed to agree and it was understood
that nine for acqutta and three, who fortunately
stood firm to their belief, were for conviction.
A trial was necessary. And, in the interim
Mordecai The result of their investigation subsan
the facts asserted by the first in every particular lie,
had moreover the attes.ed location OF the mine a. eli
cited from the witnesses the frst trial. which
alleged to be ten miles south of Lagunllos NO mile wal
found there there any knowledge Of one. The
nearest mines in that direction were fifty miles sou o.
Lagunillos, observations having been made by Capa
Barry valuable and scientific member OF the com nj
sion and conclusive testimony advanced by him ~ to
the fact
Mr. Charles B. Bowes, American artist, who dos.
patched to Mexico after the return Of the last comns
sion to procure the boundaries of San Luis Potosi
turned with the most decisive proof that the location OF
the mines in question were in Queetaro and not in San
Luis Potosi This commission also visited the location Of
Mears' quicksilver mine. II was discovered-a hole
thirteen feet deep-dug to order since the award Of
$153 000 This hole concession to the hberality Of
the United States and token of respect from Mears
the outraged dignity of his dupe But Gardner did moi
even offer the pretence Of broken turf.
The Commission learned while in Mexico that Mears
had received from Gardner the of success
That Gen. Pierce had been elected to the Presidency
the United States and his affairs were now brighter thar
ever he had friends who could influence the new Pre-
sident" We suppose Gen. Pierce will hardly need pro
lection against such compliment as this 1t Is due tt
n enS the s
produce the legal testimony available in the case and
much is also due to the public spirit of the Hon. JeGer
We should leave undone an important part of duty
to the public we omitted to refer to the late trial. This
of the y BY Philip
United States District Attorney, and the Hon Henry
May These gentlemen have been intimately and abori
ousy associated with the from its earliest develope
ments.
Mr. May as has been already stated had the chief and
responsible direction Of the first Mexican commission
cution and his energetic inexble and consistent per
formance of duty to the most vruent assaults from the
friends of Dr. Gardner But the result OF the trial. the
thorough unmaskng Of this stupendous fraud and the
prompt conviction OF the offender has indicated his zeal
and accredited his great professional skill and the
sources of his mind.
Mr. Fendall his colleague, has labored with ceaseess
devotion in this important cause and has added to his
fame by the signal ability with which he has conducted
his share of the labor They have together earned the
respect and confidence Of the government and entitled
to the same from the public at large.
The whole Of this subject has been before committee
Of the Senate who have yet to report on it, The people
have right to expect OF their hands deliberate and
effective protest against all Official connection with this
fraud. There has been most reprehensble comming
ling Of interests In this matter and with all the charity
the public may be disposed to exercise there will be
prevailing doubt of personal integrity with respect tc
all the participants in the Gardner fund If the
amounts obtained by the respective parties thereto
not voluntarily restored to the treasury.
Moreover If this voluntary restitution Is not made the
public will expect the Senate to authorize legal proceed
ngs against all concerned without respect to service
person
Such is q brief outline Of some and prominen.
facts connected this celebrated We mi