Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-09-23
The Court finally deciding that the case of Geo.

A. must be disposed of first
The jury empaneled were Peter Magruder,
John NJ. johnson, Alexander Borland. Abram
Butler, Eben Brown, Jesse b. Wilson. james
Fullalove, Charles II. Lane, John Bayne, VIII
liam III. Gilman. John Wilson, and George Gran
dell. Probably not more than halt of them are
now living. The indictment was for false swear
ing IN order TO procure an award from the Mex
lean Board OF Commissioners sitting in this city
States against the government Of Mexico. IL
has been stated above that Gardiner claimed TO
have been born at sea under the American flag.
OF parents who were natives of the West Indies,
yet in his appeal to this Commission for the al
lowance Of his claim he filed an affidavit that
he was native Of Rochester, New York. but
had been living many years in South America
and Mexico, but had never renounced his allie
glance to this government
Mr.. May opened the case, occupying about six
hours, in which he gave q thorough exposition
of the alleged fraud in all its intricacies. He
was followed by Mr.. Bradley for the defence,
who occupied about the same time. and with
notable ability, he being then in the prime of his
great powers as an advocate. Then followed
the testimony of witnesses on both sides, with
the cross-examinations, which occupied sixty
five days. Mr.. Fendall made the closing argu-
ment for the government, which was regarded
his greatest effort at the bar; and Mr. Carlisle
followed in the closing argument in behalf of
his client. The case was then given TO the jury
who were locked up nine days in the latter part
of June, when, Sting they could not Agree
the Court dismissed them.
A TEMPORARY RETRIEVE.
1t was understood at that time that they stood
eight for conviction and four for acquittal. DIR.
Gardiner showed considerable disappointment
at the result of this trial, as he had up to this
time expressed himself confident of An acquit-
tai; and when he found the government was
preparing to renew the case by sending out a
commission to Mexico to obtain additional evil
dence against him, he began TO exhibit some
uneaslness to close observers, though to the
ha m Qfrlfa nod he
entire confidence and tranquility.
At this time the government placed him
under heavy bonds for his appearance at the
second trial. During the interval between the
trials he remained in this city, and was daily
seen on the streets in company with his friends.
THE SECOND TRIAL.
The jury for the second trial of Gardiner
were sworn on Dec. 70, 1853, as follows Alfred
p. Wall, Vim. Van Reswick, Alfred Ray, Chas.
j. Queen, John Howse, David Fowble, VIM.
Cammack, John Dawson, John ID. Evans, Jos.
Lyons, Thomas A. Tolson and John Murphy.
So far as outside appearances were concerned,
and i'm the absence of the knowledge of what
additional testimony the government might
bring forward, the chances seemed to be that
Gardner might again get off through a hung
jury, if not entirely acquitted But several cir
cumstances served to show that Gardiner felt
that the tolls were now gathering too closely
about him TO be thrust off, even by his resolute
INSCRIPTIONS Will.
MISSING DOCUMENTS.
On the 9th Of January great excitement was
created in the courtroom by the discovery that
the mining title and the Indictment were miss
ing, and could nowhere be found after the most
careful search. They had been distracted from
Mr.. Carlisle's papers on the table in court.
Mr.. Wright, the jailor, declared he had seen
the package under GARDENERS arm as he was
leaving the court room, but Gardiner denied in
the most positive terms any knowledge Of them;
and to show good faith offered to waive all ad-
vantage the absence Of the papers might give
indictment. After a thorough search for the
missing indictment, twas determined to substi-
tute copy which Mr.. Middleton had reserved
under seal Of the court, by permission OF Gardi-
ncr. And for fear that any further difficulty
should arise, Mr.. Middleton took third COPY,
which he 81 aled up, and which is now on the files
of the court.
GARDINER FOUND GUILTY.
On March 3, 1874, shortly after the opening of
the court, the jury, who had been locked up all
night, returned TO the jury box and their names
having been called over the foreman gave in the
verdict or
GUILTY!
on the delivery of which they were dismissed by
Judge Crawford without aIv remarks. Gardi-
ner was seated inside the bar behind Mr.. Brad
ley, Mr.. Carlisle not being present, but mes
senger was dispatched requesting his presence
Immediately. When the panel was being called
over Gardiner appeared distressed, and as the
verdict was delivered, made several efforts
TO suppress his agitation in which he succeeded
by the aid Of will of extraordinary power.
There was small attendance In court on that
day the general impression being that no verdict
would be agreed upon. Judge Crawford then,
after brief address, sentenced Gardiner to ten
years imprisonment in the penitentiary. 1t was
stated that Gardiner whispered 20 his counsel
that he would never go there" He was forth
with removed in the custody of the marshal's Off
GERS and his counsel Immediately set about filing
bill of exceptions to be argued before the Dis
trict court
DIR. Z. NJ. Chaplin, one of the Jail deputies,
him on starting, that il was an unpleasant duty
for him to perform on such a pleasant day.
Gardiner replied quietly that it was indeed a
| pleasant day to him.
GARDENERS DEATH BY POISON.
On his arrival at the guard room he sat down
| 10 a table to write, asking for paper. After a
| few moments he took some papers from his
| pocket, tore them to pieces and threw them in
the fire. He finished his note, folded it delibe-
rately, and put it in his pocket He then said
| he would be ready TO go to his room soon. He
asked Mr.. Birch, one of the Jail guards, for a
| glass of water, seeming quite warm, although
! the window was open. Another glass of water
was brought at his request, anu he was asked If
| lie felt faint. He replied that he would be
better in a moment. After drinking more water
| he remarked that he felt better. A few moments
afterwards he attempted TO raise the glass, and
| faltered, saying that he felt faint, and almost
Immediately fell on the ground, his head striking
the corner of the desk, cutting il slightly on the
side. He was in commissions in a moment, but
| when he was raised up he soon became sensible
again, and on seeing blood on his hands asked il
he had cut his head. He asked for brandy be-
| tween the drinks of water, and none being at
hand, a boy was dispatched to Lords grocery
| store for some; he handing quarter of dollar
| to pay for 1t. A pallet was brought in the guard
| room, but he objected to lying down. He asked
| that some hartshorn be poured on his handker-
| chief, and then laid down on the pallet, first
| removing his neck cloth. John Carlos Gardiner,
| his brother, arrived about this time, and they
CoNvERsED TOGETHER IN SPANISH
| He gave his brother come papers, and also wrote
down something and gave tito him. Their con-
versation then being in English, he was heard
| to say something about q street in New York
At this time another paroxism came on him;
the brandy arrived, but he declined to drink it.
| DIR. Semmes, the Jail physician, was sent for.
and, on arriving, remained with him. Mr..
Daniel Smith, one Of the Jail guards, went to
the courthouse and apprised Messrs. Bradley
and Carlisle OF the affair. Mr.. Bradley directed
them TO call DIR. Hall, and repaired himself at
once to the jail and approa shed the cot, and
asked Gardiner If he knew him. His reply was