The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1888-11-28
THE OPIUM CASES.
Gardner's Conviction is Al
most Certain.
HE eFPERs NO TESTIMONY.
His Counsel Relies Solely ON Flimsy
Informalities In the Indict-
ment-A short Trial.

AUBURN. n. Y, Nov. T.-The opium
smuggling case against Gardner was
called for trial this morning. He is
being defended by Richard Crowley,
formerly United States attorney for
this district. Strong circumstantial
evidence has been adduced BY the
government connecting Gardner wit
the smuggling of the opium captured
in his possession last February.
though so far no direct testimony to
that fact has been offered. Gardner,
according to the showing made in bis
affidavit for continuance, has no wit
nesses here. In view of that fact. it is
rpmored that no evidence viii be
offered fer the deferse. The attorney
for the defendant seems to be relying
principally on errors of the court dur
ing the trial. The feeling is that if the
case goes to the jury there will be a
conviction. The trial viii probably be
finished tomorrow morning.
The government has finally yielded
to the demand of Haines' attorney for
trial of his conspiracy case, and it is
understood his case viii be called next
AUBURN Nov. 27.-The first of the
famous opium smuggling cases was
moved at the opening OF the United
States court this morning. The de-
fendant is Erwin A. Gardner, who has
been indicted for smuggling an aggre-
gate of $500 pounds of opium. Gard
ner was once special agent of the
government, when he acquired full
knowledge of the methods of customs
collectors. One Of the branches OF the
case is the trial for conspiracy of an
alleged combination to steal captured
opium packages from the 0gdensburg
custom house and substituting blocks
of wood, for the double purpose
of again getting the opium and
destroying evidence. Deputy Internal
Revenue Collector Little, whose Office
is next to the room in which the opium
was stored, Lawyer Stone and Janitor
Comiskey were arrested on a charge.of
conspiracy and theft. Gardner, who
had given bail, was subsequently again
arrested at Chicago while trying TO sell
opium. J. c. Haines, a prominent
lawyer of Seattle, w. T.. is also one of
the defendants in this part OF the
case.
Gardner was brought into court at
10 this morning. His eyes are weak
and he wore bandages over them. Ex-
Congressman Crowley of Lockport APP
peared as his counsel. United States
District Attorney Lockwood and As
sistant Hoyt represented the govern
ment. A jury was obtained and As
sistant Hoyt opened the case, relating
the story of the smuggling operations.
The first witness called for the
government was J. Chandler Hough-
ton, special agent of the treasury de-
partment. He testified to arresting
Gardner and his cousin. Ephraim Red
wood, and con6scating their trunks.
He searched Ephraim's barn and
found 80 pounds of opium concealed
amongst baled hay. Four trunks of
opium was brought into court and
identified as the confiscated goods.
Albert Rowland, deputy collector at
Morristown. who was with Houghton
when he made the arrest, eorroborated
| the testimony.
MISERABLE TECHNICALLY.
After recess many witnesses for the
government were examined VIM. II.
Daniels. ex-colIector of the port OF
Ogdensburg, testified that Gardner
had told him about lot OF opium be-
ing shipped to San Francisco, and that
if the matter of his arrest could be
kept quiet he would tell at the proper
time who shipped it.
The government clesed the case this
evening, and ex-Congressman Richard
Crowley of Lockport, counsel
for Gardner, asked the court to direct
! a verdict of not guilty on the ground
that the indictment did not follow the
language of the statutes and did not
charge defendant with bringing an ar
ticle into the United States upon
which duty was levied. The indict-
ment describes the smuggled opium as
smoking opium. In the revised
statutes it is described as opium pre-
pared for smoking" The court de-
MED the motion, and an adjournment
was taken until tomorrow morning.