The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-02-20
The Gardiner Claim.

[From the Washington Union Feb. 1871
The Circuit Court of the District of Columbia its
chancery sde has been for days past engaged
consid ring motion made by the counsel for the gov
erment on Monday last to the court to take up the
case Of the United States against Samuel Casey admin
istrator OF George A. Gardiner, deceased and Others
which case had BE- set for ang SEPTEMBER rules.
the treasury of about 500 ,000 the being part
in the form of stocks of the proceeds of George Gar
which claim the commissioners had awarded to him
which paid to him out of the treasury of
the United States The stocks held deposte by
Corcoran Riggs, and were claimed by the government
as the property of the United States, the ground
that the award had been obtained by false swearing and
forgery.
Tie motion TO take up the was resisted BY Mess RS
Bradley and Carlisle, and by Mr. Lawrence for them
several grsunds aud Messrs and c. claimed the right
to intervene being creditors of George A. Gardiner
their services his counsel the criminal prosecutions
against him. and to take further testimony before hear
iug the cause.
The motion was supported by Messrs Redin aud Fem
DALI Of counsel tor the United States; and by Mr. Mar
bury, of counsel for the administrator Mr.. NJ said
III at he considered the answer put by the
tor submitting the the bill exhibits the
OF Gardiner and testimony taken and on file, to be fair
and proper answer.
On Wee nesday Messrs Bradley and Carlisle presented
to the court peition in writing; praying creditors
of Gardiner TO be made parties to the cause to be al
lowed take testimony therein that the court would
postpone hearing the till the admnistra tor snail
1ooee take certain testimony which tney alleged re-
maped to be taken aud that the decree Of the court az
hrmng the order OF the orphans court granting letters
to Mr. Casey might be revoked and that the peto
might be allowed TO file sufficient bond to carry their
appeal 70 the Supreme Court that the petitioners
might hav' leave to proceed in the orphans to
have said letters revoked; and that in the time
no further proceedings might he taken in the cause
On Friday the 18th instant the overruled the
petition, being of opinion that the claim to intervene
was not susainable, and that OF the grounds
which the petition rested were sufficient.
The Court held that the act of the Orphaus' Court
granting letters TO Mr.. Casey part OF the judg
ment of that court deciding grant them that the APP
peal to this court was from that Judgment and that THIS
court had affirmed it, that the appeal from the judgment
OF this court to the supreme Court had not been pre-
scented by giving bond within ten days and did
not operate as supersedeas that the adjournment Of
the court that day when it affirmed the judgment OF
the Orphans Court and its subsequent for more
than ten days. did not the delay in giving tue
bond as the bond might, by Law, be approved by sin
gle Judge ont OF court and that the proceedings showed
that sufficient time and indulgence had been given for
taking further testimony the part Of the original
PENDANT The court directed that the shou pro-
coed. The cause accordingly went to hearing and the
reading of the papers, which volumnous begun