The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-01-04
01RDNER,s sILYER NINE.
"Reminiscences Of the RINGS Public Adminis-
trntors-The city " ips.

The suit by which John Charles Gardner,
ms heir OF two-nfths of the estate OF George A.
Gardner, sought to recover sl5AJ7 80 from the
Mayor and Commonalty of New York. was de-
cided yesterday, Judge Van Brunt directing IA
verdict for the defendant. The case grew out
of aud recalls a rand on the United states Treas
ury which. in Its day. created much public in
terest, although II involved less than 100000.
By the Guadalupe Hidsleo treaty OF 40 tue
Mexican Government paid the United states
$J.2jO.Oo0 IS indemnity for any lossos hat Ameri-
cans incurred in that year. A commission
constituted to award this fuud. and George A.
Gardner went before IL with claim Of 100000,
a tue lue of "a silver mine owned by hin In
the Rio Verde district OF S,n Luis Potosi. lie
averred that at tho commencement OF hosti-
ties he was hanisned from Mexico. and thereby
his mine and mining machinery were destroyed.
In support OF this claim he brought what APP
pearcd to be regular deeds and convevances for
the property and such other documents as were
necessary to establish title In addition to ample
parole TESTIMONY tn make his clam valid. The
Claims Commission aw rded him S42s,75O, of
which he received Sg2l.J6s, tue re,,aining
SlOilSt being paid to W. W. CurcOran to whom
Gmdner had assigned quarter interest In the
job.
In 1850 United States District Attorney II n
sued Gardner TO recover this money. he having
discovered that the document evidence
hrousut before the Ct inns Commission was
fraudulent ana urious. and tia. Gardiner had
,olos,: As pfehninary step IN THIS suit the
New York Life Insurance and Trust Company
W., WIS cni ,iued from paying over any part Of
Sl5O.5OO wniCl 1t held on special deposit from
Gardner. and IL was made party to the suit
against him, The testimony ON the trial was SO
conclusive that Uardner WAS not only defeated
In he civil suit, hut criminal suits we're insti-
tnted against MN. wnicn resulted IN his conyic-
ton Of p-I Jury and other crimes, aud he COM
nhttcd suicide In the Washington Jail on the
orti iptiton OF an exemplary sentence.
Gard er's beirs were mis- mother, two sisters,
In nttf pt
letters Of administration In favor OF the Pubhc
Adin'nistr tor Mf. l.. II. Sw eny: MI. >weeny
eude"vored to OBTAIN tue $liJ.jOO on deposit
WITH tho New YORK Lac Insurance ana trust
um,any, which Tor some reason had not been
PAD over to tue United states treasury. rne
matter remained III Allowance un.i 1854. Tue
nrirs then arTaugcd a plan Of operation. Diniel
IL Sickes. tuen Congressman. was retained to
put tne case through at w sDington. IN helrs
were modest enough to Hsk only for the interest
on he Sl3O,JVC. winch amounted TO $3i,9l2. Gen.
Sickles applied brst to Howell Coon. secretary
of tue treasury, and ur-cu that as the Govern
Dent never Uaid interest ON moneys recovered
axairst %. u should not claim IA terest money
IL nad recovered from others.
Mr.. 4 iUb, Gen. Sickles swear, did not &C
knowlc uge the force OF tuis logic, but Attcrnsy-
General Black lcu1 u listening ear aud Presi-
uent Buchanan was Interested IN the case
that me- TIM OF the CApiuet WIS called, which
decided To demand 40 more tnan tue lrincip
OF tue SLDJJO lett on deposit with the New
iors Lite Insurance aud lrust Company.
Even ueturr The interest II ID been paid overto
Thomas {. Fields, then PuDiic Administrators.
the heirs consented t. the entcrius II decree
Administrator to ret.in all The accrued Interest
excepting 5000 as Inc COrt OF ! bbyIug the
cam at Wa.hington ana other administration
expenses. lhis left <l,9l2 IN tue Puulic Ad
ILLUSTRATORS hands, he having duly pnd tue &C.
maluin. s2O,cO over 10 til. heirs as appeared Ny
vouchers ~ tuc surrogate uiic-.
Inc SUIT decided Yesterday was brought by
joan Charles q itdner III MS own rignt and
tue a-si1nyc OF the one nttn int rest OF his SIS
ter. Nuit l. .urd u lrdner Perez Ia the sls.gl2
h,ir counsel, Mr.. Dr w-tef. conten4ed TIA. tue
otuer II "A Surrogate looking To sucn cumpto
a I - As A.
aud vuid. aud tnat the Puuhc Aunlnisttstor
was bound to account fuzzy Tor all the assets
wnicn came into his uos. cssion.
Mcssrs. etsOu ana Miner Of the Corporation
Counsefs ofiic- showed, Ia evidence. Were every
uulia of that sutn W - eNpcnuCu. Gen siCkles
received $lot,u iNr tugurt rn- the ciaiin >btuJ
VS. paiI e. siessrs. X nem Ill ana PlcKvlt. cuun-
SCI 1,r the heirs. and iaiUu,f WAS sNrpci
IA thc urdinar, fees II the al. gtt aud pub-
| lc Administrator uihcs-.
| Tie lrv 1 Wd, u4uVt ! 5 clearly that the
ntir- ahu Present plain. ms e. n-'uIsI tu de-
| cree made Dt Sufrug lie lasp .n that JuL.e\ n
Brunt directed u verdict Tor Tue piaiLtIn, aud
80 ended tue case.