Des Moines courier. ([Ottumwa] Iowa) 1848-1854, 1854-03-30
0TTUMWA, IOWA, THURSDAY, MARCH 80, 1854

diligence to discover the vacated silve
mine, but in vain. They succeeded il
discovering the Mexican accomplce o
Mears and Gardiner, and while there OBJ
taihed the correspondence, which, it i.
alleged. trauspired between Gardiner ant
his brother, and their Mexican accom-.
plice. The commission was empower.
ed to bring Witnesses back with them up
on such terms as they might deem expe.
dieni.
The commission returned with evi-
dence enough, apparently, TO carry con.
vic,ion home TO every unprejudiced
mind. twas present at the trial of the
case which soon aflerward came on.-
Much of il was ruled out. and all of il
was so adroitly assailed by the defense
thar the jury did not yield their convic-
tons to what was brought before them.
They failed to agree, and it was under.
stood that nine were for acquital. and
three, who, fortunately stood firm to their
belief, were for convic,icn.
A new trial was necessary. And in
the interim, another commission was or
dered to Mexico under Major Mordeica.
The result of the investigation subs,an-
tia'ed the facts asserted by the first in
every particular. They had, moreover,
the at,ested location of the mine as elic-
tied from the witnesses on the first trial,
which was alleged to be ten miles south
Of Lagunislos. No mine was found there,
nor was there any knowledge of one
The neares. mines in that direction were
fifty miles south Of Lagunillos, obsesva-
ations having been made by Capt. Barry,
a valuable aud scientific member of the
commission. and conclusive testimony
advanced by him as 10 the fact.
MIR. Charles E. Bowes, an American
artist, ho was dispatched to Mexico af-
ter The return OF the last commission 10
procure the boundaries of San Louis
Potosi, returned with the most decisive
proof that the location of The mines in
question. WAS in Querelaro, and no, in
San Louis Poiosi. This commission
also visited the location of Mear's quick.
silver mine. Ii was discovered--a hole
,hirteca feet deep--dug 10 order since
the award Of Sl53.000. This hole
was concession to the liherallty of The
United Stales, and token of respec,
from Mears, 10 the outraged dignity of
his dupe. But Gardiner did not even
offer lhe p,e,ence of broken turf.
The commission learned. while in
Mexico, that Mears, had received from
Gardiner the assurance of success
That "Gen. Pierce had been elected 10
to the Presidency of the United States,
and his affairs was now brighter than
ever, as he had friends who could innu-
ence the new President" We suppose
Gen. Pierce will hardly need protection
against sucf. a compliment as this. Ii
is due 10 him, however, to say that he
has used all his influence and constitu
tional authority to enable the prosecution
10 produce the legal testimony available
in the case; and much is also due to The
public spirit OF the Hon. Jefferson Da-
Wis, Secretary of War. ~
We should leave undone an important
part of our duty TO the public if we omit
led to refer to the late trial. This was
conducted by the same counsel as the
preceding, on the part of the prosecution
b. Philip K. Fendall, Esq. United s.
District Attorney, and the Hon. Henry
May. These gentlemen have been init
mately aud laboriously associated with
The case from Its earliest Developments.
The whole of this subject has been
before Committee of The Senate, who
have YET to report upon it. The peo.
pie have a right TO expect al their hands
deliberate aud effective protest against
all official connection with this Fraud
There has been most reprehensible
comDingling OF interests in this matter,
and with all the charity the public NAV
be disposed to exercise. there will be a
prevailing doubt Of personal integrity
with respect 10 all the participants in the
Gardiner fraud, il the several amounts
obtained by the respective parties there
to are no, voluntarily restored to the
Treasury.
f. 49, i..ts