The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-03
Sequel of the George A. Gardner MeXi-
can Silver Mine Fraud.
FISHING UP A TWENTY YEARS CLAIM.
Another Postponement Of the Ring Suits Against
Tweed and Sweeny.
A CoNv1CT's TESTIMONY.

time, came for trial yesterday before Judge Van
Brunt, holding Supreme Court, Circuit After the close
OF the Mexican war. under the Guadalupe Hidalgo
treaty, the United States government appropriated
So 600 10 DC paid to persons having claims against
the government growing out OF osses sustained by
the George A. Gardner presented himself
among the host OF claimants alleging that in conse-
qucnce OF depredations upon silver NINE oil his IN
Mexico he had sustained loss OF $40o 0oO OF course
It took long time to bring the matter to nnal adj
judication but upon the very positive testimony ad-
duced on his behalf his claim recognized by the
commi:s oncrs Just and lie received an award
for nearly the full demanded. Subsequent in
designations proved, however,, that the claim was
bogus one, that the testimony was perJured evidence
and, In Short that the whole thing was deliberate
and gigantic swindethat Is to say, gigantic for those
days. when wholesale frauds the government were Of
occurrence than IN these degenerate times
After discovering the gross nature OF The fraud tho
award was rcscinded and action taken by the govern
ment Ia obtain restitution oil the money thus fraud
ulenty obtained 1t was discovered that Gardner had
$50 500 on deposit in the New York Lilo Insurance
unG rust Company, ana such money was iUrthwth
attached on an injunction issued from the United
States Court The balance Of The money bad been dis
posed o by Gardner III way that II was imposs bic To
reach II by any judicial process The rest o the story
Is still fresh IN The pubc memory. Gardner was ~
diced, tried and convicted OF fraud, but before the
could be put into execution he TOOK poison IN
his cell ut Washington aud died. HIS estate was
In this city, who happened 70 be the wen
known Thomas e. Fields, and i Is claimed
that there was placed IN the la.'er's hands
$3 0l2 VA which righuy belonged 10 the next OF Kin
unfortunate suicide and according 10 the statute
governing such should be divided among thei
II claimed that only SO 600 ever paid 10 the
hers and suit brought ny John Charles Gardner,
brother oil the deceased, against the city TO recover
twc.nfths OF the balance claimed be due IRON his
brothers. estate, the plaintiff being assignee ol
fifth interest from sister II is claimed for the
defence thai lie entire estate was the property OF the
nd hat I'm.
bringing the present suit against the CITY, In carrier
Stages OF suits growing out OF Gardners fraud upon
the government Generai Pickett appeared Tor inc
Gardners, they being Washington family. The coun-
Sci yesterday Henry Brewster Tor the plaintiff and
Assistant Corporation Counsel f. L. Stctson and e. r.
Miller Tor the Guy. Among the witnesses called was
General Daniel +. Sick!cs The point OF his testimony
that he went To Washington To get the government
Yield up claim for interest on the amount on dc.
post the Trust Company, mission IN winch he was
Successful and through which the interest, amounting
over $50, 100 paid TO the heirs. IL was shown
further thai the balance OF the estate, as claimed by
Ihc heirs-at-law, WIS expended IN tue payment OF
counsel ana other and 1t is claimed tnat
such hers expressly waived all further claims to the
estate to them OF the interest IN question;
mat this COMPROMISE was u lust one, aud that the
amount retained tor expenses fair and equitable.
The trial Will be resumed to-day and may occupy sew
eral days.
TWEED AND SWEENY RING SUITS.
The trial OF Peter q. Swceny, In the civil suit
brought against him 81, Coz, 900, out Of
which sum he Is charged with swindling the city in
connection with the Court House Ring frauds, was set
down for yesterday, before Judge Westbrook IN the
Supreme Court Before tho same Judge yesterday
was also fixed upon the trial OF the 81 000 900 suit
against William 81. Tweed, the understanding being
thai IN oil the not brought to trial
the other would be. In Supreme Court General
Term, there vas quite a large crowd present on tho
opening OF the court, including the struck jury IN the
sweeny suit, the members of which had received
he Mr.
Peckham appeared the representative OF the Attor
ncy General For some reason no counsel put In al
appearance for Mr. Tweed; but this was understood 10
be from a prior understanding that the would
cot be called Tor trial on behalf oil Mr. Sweeny there
appeared Messrs William A. Beach and John McKcon.
AS Will be by the report below the trial of neither
was commenced, but, after some talk between
Judge wcsibrook and the respective counsel both
were adjourned uatil the nrst MONDAY In Aprh next
On the OF Sweeny beng called Mr. Peckhan
said that III the OF the People against Swceny,
than year ago, the prosecution thought II desir-
aUlc that the defendant should have an opportunity 10
lake such part IN Tue lrini US nc might mink III,
that end an offer or suggestion was made that
his bali would be reduced 10 such point tnat ne could
conveniently give bail II u was demanded Negota.
had with the other side with regard 10 the
amount, but II was not carried out-was not accepted
But The thought the defendant should not
be ramnced by the question OF bal AT all II lie desired
10 be present. quite Us uch Tor the benefit oil the prose-
cution Tor his convenience; anJ the prosecution
have offered Mr. sweeny that they would not arrest
Il M, either CIVIL criminal process, II be choose
W oe P'eseN " '".e e'' v ", 49,, 80, ,, 80
IL mas oeen aocePeu ~ ie u' .,,'s vac ~
recently done that he could not be present and 10
carry out .'aa u,Poso :. - sues.Su 'A " Wv, Iaso
shouu DC auJoalneu W sum. .u'a'o LAY wouas on
sno oa ,. 70, -p.,,pp,1 ~ aran' uT conrsn ,h.
US thc ON! onc y. a.to'' ~, ue. ", u i 90 .I'
~vu.' 49, = s @ 49,, s..', r.ar. ~ ~
MI. sieNeo ~" , - ' 80 ,,.s'.aI 49,,
o"eeny Sv''he le'o "',s .o A. ,,,'.' 49,.
.hc -osn y, Deee'o'' ' . t asses ~, Ill ~. go, ~,
.na' .i's .'iie was ~ eu " n 90, io ~, y,
.no plopv ,, W. M @ -, ~ ~, =, - '
,'' =, Nv, Il n,nrnns sa.sn,, TO- A. s,y..nv y"
M ~" ',,n.,a. e. Ws pacsh,,n ,'narS ,,,h no
Si ',, ~ ., =. 80, - Nv ~, 49,. ~ ~ ~
~ w " prp.' 10Y ,.,,, ,r ,,o
orrams.mou, no "a men ur swecnv enuIt me nrcsrnl
a. ns l" NJ saw OF ~ nm Tie rran"a.
ment having been contaminated only IN December, II
wouo oe "'poss'o' 'o' nn " o' p'esen' ~ q" eN'!
Mr. Beach--Allow me to add tina, when this sug.
gcstion was made ON the part OF the people and com