The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-03-08
HISTORY OF THE GARDNER CASE.

from the Baltimore sun.
The origin prosecution and detection of the Gardner
fraud abound with startling facts and the mind is puz.
zled to determine sometimes where completely ends and
innocent participation with it begins BY the treaty Of
Guadalupe Hidalgo, between the United States and
Mexico concluded in 1S4S S1 900 were to be paid to
Mexico as indemnity for the cesson o. territory TO the
for the satisfaction of the claims of American citizens
who damaged and interrupted in the prosecution Of
business affairs in Mexico by the act OF war Prominent
among the claims for portion Of this were Dr. Geo.
A. Gardner and DR.. John II. Mears.
board Of commissioners was appointed oy congress
ton. Their decision to be final and conclusive The
board consisted of George Evans OF Maine; Robert T.
Paine Of North Carolina and Caleb b. Smith, Of Indiana
aided by distinguished counsel AT the time Gard
ner presented and advocated the claim Of Mears In
his own behalf he demanded indemnity for the loss of
silver mine, which he was obliged to abandon in San
Louis Potos the sum Of $40 ooo and 10 nehs, Of
S163, 00O Gardner had resided for several years in
Mexico had practsed an tnerant 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 opera
tons in the different departments.
thus furnished with material for his purpose, he pro-
ceeded to elaborate it. and eventually wrought the ntr
cate fraud by which he imposed on the commission II
derived from Manuel verastigu the Mexican accomplish
Of the party, the whole fraud originated with Mears
is said to have sprung the design but not equal to
its fulflmen and by his own statement admitted Gard
nes a Of
ambitious upon his estimate of the material within his
grasp and in addition to the quicksilver mine Of his
friend Mears valued at 3153 000 he set silver mine
of his own, at nearly half million.
After about year spent in preparing his mining title
Testimonials and other Vouchers Gardner came July
Mexico in the interim Gardner was aided as counsel
by Hon. Thomas Corwin of Ohio Gen. Waddy Thompson,
Of South Carolina, and Edward Curtis ESQ., formerly
Collector of New York. and exmember Of Congress.
The heard also that of Mears and both
adjudcated favorably for the full amounts Claimed
$50 600 Of it, half Of which he is said to have kept him
self as his share which led to rupture between him
$Ss 600 received in the Of Jose Pando, ac
complete in Mexico and $28 900 paid to Fernando de
Ia Cuesta atache Of the Mexican legation The other
a. 900 we not able to account for All Of this money
Of GARDENERS award Mr. Corwln is understood to have
received large amount but sold his fee, whatever it
amounted to- for $50 900. Gen. Waddy Thompson is
derstood to have received considerable Whether
Mr. Curtis received anything we are not informed he
it, rendered important service to the government as
shall show hereafter In the detection Of the fraud Gard
try for Europe with 5000 900 subject to his order
deposit with Corcoran Riggs and Others in Wash
ington and New York Thus the whole matter seemed
eectually closed-Gardner himself being evidently con-
hdently secure And now approach the accident of
detection and shall present the history Of that important
circumstance which has been published until this
day We havo to believe that correspondent
is accurately informed to the event. II not literally at
least generally as to persons and details.
Edward W. Johnston, formerly Of the National IntIi
eene and recently connected with the Richmond
claims believe, had been sdudicated and then
resigned Dr. Chas. w. Davis appointed his success
resided fifteen years in Mexico To him we ha We reason
to believe belongs exclusively the credit Of detecting
the Gardner fraud II ordered that the whole OF
the papers IN the Mexican claims should after adudca
ton be ed in the State Department. and IL became the
duty Of Nj Davis to perform this part Of the work On
proceeding to the examination Of the Gardner papers,
wifi n Tn and
attention arrested by the palpable evidences
He at made more thorough examination and salts
claim moreover, under his observation, and It hap
pened that he knew him In Mexico as . fugitive from
ed with the mining localities in San Luis Potos There
was, perhaps, other man in Washington who could
have been appropriately appointed to that situation
lively arrived at just estimate of the whole fraud
Upon this conviction, he addressed letter stating the
fact to Mr. Crttenden then Attorney General but dnd
ing that his communication unnotced he published
letter in the National Inegcnce, boldly avowing his
detection Of the fraud over his own name This was on
This letter aged the attention Of President Fillmore,
and at Cabinet council either called for the purpose or
Otherwise Immediately me- occurring the subject was dis,
in question when he explained the nature Of his duties
that the Gardner daim was bold and daring fraud.
President Fillmore reproved him for his hasy publication
With the pscper o Of ra1 Oor n
proceeding He answered that he had done So that he
had fully informed tho Attorney General Of the fact Mr.
Crenden had recollection Of receiving
from Dr. Davis the subject and asked In what way he
| had made tho communication
| Dr. Davis replied that he wrote to him. The letter
contained explicit statement Of the fraud. He
adod the letter TO messenger, who was directed to in
sure its delivery into Mr. Crttendens own hand. His
messenger reaching Mr. CTS ONCE, learned that he
was at the Supreme Court arguing case there: He
waited until Mr. rs return when the letter deliver
ed The messenger Mr.. c. break the envelope
mence reading the letter and then withdrew Upon this
statement Nj @. taxed his memory, and presently wa
enabled to recall the fact He had received such letter
and read II either hastily indGerently, in whole In
| part but having received number Of letters com
planning of frauds, Partially, injustice, and forth
with Wpect to the awards Of the board and knowing
that there WA no appeal sthsy to him anywhess else