Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1854-03-09
LYNcHBURG VlRGINIAN.
THURSDAY MORNING. MARCH ., 1854.
The Gardiner Case
IRIS ORIGIN. PROGRESS AND RESULT.


our columns. The writer in the sun properly
remarks that few cases of so much public impor-
lance have ever been adjulicated under this gov
eminent. ut stands forth, he says, in bold
audacity. pre-emnensly illustrative of ingenious
fraud. venal sabtety. and prohigate daring. II
is. moreover. characteristic of the objects, pur-
suits. intrignes aud frghtful corruption, peculiar
to class OF men who regard the treasury OF the
United States as the most available resource for
the exercise of their dexterity and craft In this
respect the judicial result in the case OF Gardiner
is of incalcuable Importance. II is exemplary
and admonitory.
"The recorded verdict of an honest intelligent
ineorruj fibie jury has ,indicated the essential
truth, that neither the ingenuity of the knave
nor the audacity of the perurer, nor the influence
of the politician, nor the zeal of counsel, nor the
pliancy or creduty of the press, nor the utmost
latitude of legal favor, nor all these combined,
are sufficient TO overturn the just rigor and fnal
integrity of the law 1t is true that Justice Is
too often foiled and the impartial administration
ofthe law exposed to bad rcpute through the sue
cessful evasion of its penalties by the guilty.
But for these things, the reproaoh almost inyera-
bly, belongs to the jury. To the jury therefore,
in the ease of Gardiner, the honor of this great
and important sindication of the outraged law
and public dignity of the u. States, attaches IN
avery eminent degree One plant, one corrupt,
one venal spirit there could have successfully
thwarted all the diligence of the govcrnm ant all
the expenditure of time and money, all the labor
of costly commission, all the skill, vigilance.
arduous and thankless toll of a legal prosecution.
The result has proved the integrity of the jury;
and while we know how to appreciate the yalun-
BILE services Of distinguished men who have CON
tributed to the thorough exposition of this cnor-
nous crime, we ascrihe the first need of praise to
the jury.
sThe great Importance of the Issue involved in
this case, together with the public interest which
has been awakened by the legal result, and the
tragic sequel has induced us TO lay before
readers an outline of current incidents associated
with the affair, many of which have never before
been published. A vigilant and well-nformed
correspondent enables US to present the following
summary of facts, which viii be found intensely
interesting to all classes of our readers.
The origin, prosecution and detection Of the
Gardiner fraud abound with startling facts, and
the mind is puzzled to determine, sometimes,
with il begins. BY the treaty with Guadalupe
Hidalgo, between the United Stntes and Mexico,
concluded in ISIS, Sll 900, 900 were Ia be paid to
Mexico. as indemnity for the cession of territory
TO the United States. Out of that sum S3125O00
was reserved for the satisfaction of the clams
Of American citizens, who were damaged aud in
terrupted in the prosecution Of business affairs in
Mexico by the act of war. Prominent among the
claimants for portion Of this sum were DIR. Geo
A Gardiner and DIR. .Iohn III. Manrs.
A Board of Commissioners appointed by
Congress to adudicate these claims, who were 10
sit at Washington. Their decision wa to be
final and conclusive. The Board consisted of
Geo. Evans, of Maine Robert I. Paine, of North
Carolina, and Caleb b. Smith, of Indiana. Be
fore this commission, Gardiner presented his
claims, aided by distinguished counsel. At the
same time, Gardiner presented and advocated the
claim of Mears In his own behalf, lie demanded
indemnity for the loss of silver mine, which
he was obliged Ia abandon in San Luis Potosi,
the sum Of 5000; and in behalf of Menrs, for
a quicksilver mine in the same vicinity, the sum
of Sl53.000. Gardner had resided for several
years in Mexico, had practised as an itinerant
dentist, and in that capacity had visited the most
important mining districts and acquainted himself
with their geographical position their respective
values, and the system of mining operations in
the different departments.
Thus furnished with material for his purpose,
be proceeded to elaborate it, aud eventually
wrought the intricate fraud by which he imposed
on the commission. 1t is proper TO remark here
that according to statements derived from Manu-
el Verastgui, the Mexican accomplish of the par
ty. the whole fraud originated with Mears, with
whom Gardiner was acquainted in Mexico, Mears
is said to have sprung the design, but not e.
quail TO its ful6ment, and by his own statement
admitted Gardiner as party, "because he was
slilful man and great friend of Gen Scott
Gardiner, however, grew ambitious upon his esti-
mate of the material within his grasp, and in adj
dition to the quicksilver mine of his friend Mears
valued at Sl53,000, he set up silver mino of his
own, at nearly half million.
After about year spent in preparing his min
ing title, testimonials and other vouchers Gardi-
ncr came fully armed before the Board of Com
missioners, having visited Mexico in the interim
Gardiner aided as counsel by the Hon. Thns
Corwin, of Ohio, Gen. Waddy Thompson, of 5.
c., and Edward Curtis, Esq, formerly collector
of New York. and an ex-member of Congress-
The case was heard as also that of Menrs,
and both adjudicated favorably for the full a.
mounts claimed. Mcars claim was drawn entirely
Gardiner received $4,000 of it, half which he is
said to have kept himself as his share, which led
to rupture between him and Mears. Under
power of attorney in Washington SO, 900 was
received in the name of jose Pando, an accom-
phce in Mexico and $4,000 was paid TO Fer
nando de la Cuesta, an attache of the Mexican
legation. The other $4,000 we are able to ac-
count for. All of this money is gone past reco-
very.
OF Gardeners award, Mr.. Corwin is under.
stood to have received large amount but sold
his fee, whatever it amounted to- for SS000O-
Gen. Waddy Thompson is understood to have
received considerable sum. Whether Mr.. Cur
It's received anything not informed He