The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-03-04

adduced IN rupport Of the charge. President /
Fillmore was thoroughly Alarmed and then |
for the FIRST time the saving expedient occurred
Of sending down commission to Mexico, to see
whether this great silver mine existed there or
In the moon Meantime DR.. Gardner had settled
with his counsel and agents, and leaving the
bulk Of his share OF the money in the care of
Corcoran 4 Riggs and others, had gone with
an outfit Of $40 900 on q pleasure excursion to
the London Crystal Palace and the Continent.
On hearing of the charges against him, he gave
notice that he would come back and confront
and silence his accusers He did come
back and was indicted for perjury and forgery
upon two separate bills. The Presidents CON-
mssioners and the Senate's commissioners went
down to Mexico to hunt up the mine. DR..
Gardner was invited to 60 along with them;
but he preferred to 60 upon his own account;
and, with friend or two, he found the mine;
and his companions SO testified on the trial for
perjury, year ago. So dexterously, too, did
the Doctor his witnesses and his counsel per-
pick the government commissioners aud their
counsel and witnesses, in the evidence that the
jury hung upon their verdict-nine being for
an acquittal, and only three for a conviction.
The counsel for the accused-Messrs. Bradley
and Carlisle-next demanded the immediate
prosecution of the indictment for forgery; but
the government succeeded in postponing it till
another official committee of inspection had
gone down to Mexico to make thorough
search for the great silver mine Major Morde
cal, OF the Ordnance Corps, was the chief Of this
commission, and brought home conclusive
report supporting the evidence Of the preced-
ing commissions that the NINE was q myth, and
the claim naked fraud The trial for forgery
was accordingly opened in December last, and
the result is the fearful and terrible denoaement
recited in the opening of this narrative.
An Indictment has been made out against
John Charles Gardner, younger brother Of
the deceased, for completely in this fraud, he
having been throughout the right-hand man of
deceased in the management of his claim and
his defence Whether he will forfeit his bail or
his liberty is the question now for his decision.
The bail of DR.. Gardner during all these prose-
'cutions was, we believe, the sum Of $4,000 Of
the money of his award.
When the deceased was indicted the govern
ment enjoined for safe keeping-f we are right
in our recollections-as sum of about two hun
dred thousand dollars in all, deposited with
Corcoran & Riggs, certain banks in New York,
and elsewhere-this being the remainder Of
the award after satisfying counsel, agents.
money lenders and so forth, in the prosecution
of the claim. And now we come to consider
this branch of the subject. Mr.. George
Evans, Of Maine, was president of the
board awarding the claim. His son-in-
law, Major Lslly, is said to have been
one Of the counsel or agents Of William
Gardner, with fee Of $4,000. Edward
Curtis, of New York, is also said to have had
fee of $4,000 in the same way. Gen. Waddy
Thompson, of S. c., was also of the counsel of
Gardner. and he is reported as having pocketed
$4,000 for his services Aessrs. Corcoran Il
Riggs, Washington bankers, are said to have
received at least $4,000 for contingent ad-
vances made to Gardner, in advance of the
decision of the board. What the exact fee Of
Hon. Thomas Corwin was we have forgotten !;
but it must have been tremendous, if it brought
the cash price of $4,000 from so sound bust
ness man as George Law.
Now the question arises will those men re-
fund this money to the Treasury-this money
of great fraud-this price of blood-as far as
they are responsible? If the cash is not forth
coming from all concerned in this transaction
as counsel and agents, Congress should pass
resolution demanding restitution, or an in
vestigation with power to send for persons and
foro md Wo ~ uto hort of
a thorough development Of this extraordinary
case, from the beginning to the end. 1t
is the money Of conspiracy to defraud the
government, and it is the price of blood. Every
cent, from all parties interested, must be refund
ed, with interest or stain will attach to their
names while they live.
Excepting the death Of poor Gardner, the re-
suit Of this trial, as he triumph of justice is
matter for public congratulate. Hon. Henry
May and Mr.. Fendail, ~ counsel for the gov
eminent, have done well. The case was ardu-
GUS, perplexing, and protracted beyond all pre-
cedent. Mr.. May particularly, for the ability,
industry, talent and perseverance which he has
exhibited in this case, from his appointment as
the chief of the first commission to Mexico to
the end of the fatal trial, has proved himself
equal to the highest demands upon lawyer
convinced of the justice of his cause The jury
have done their duty. But that incorruptible
man, Judge Crawford, is entitled to the highest
merit. He gave the fullest latitude of the law
to the prisoner upon his trial but no more.
He is q man for these times of corruption
at Washington, that same Judge Crawford.
He has shown himself in all positions the
upright man, and especially in this case, the
infexible arbiter Of justice. Such man at
the head Of the Treasury would be terror to
the spoilsmen, great and small.
Alas poor Gardner! He has paid the most
terrible penalty for his crime. But it may be
that this dreadful example will operate for the