Los Angeles daily herald., 1888-11-29
GENERAL TOPICS.
Gardner Found Guilty as
per Indictment.
THE OPIUM SMUGGLING CASES.
Objects Of the Railroad Trust-Dt
Young and the Cabinet-0ther
Items.

Associated Press Dispatches to the HERALD.
AUBURN, November 2S.-When the
United States Court opened this morn
ing, the Government attorneys were
allowed to introduce 1,50O pounds oi
snuggled opium in evidence in the
Gardner case, which was then continued
Richard Crowley, for the defendant
made another motion to dismiss the case
IN the ground that the indictment places
the value OF $40 per pound on opium,
md no evidence was advanced to show
that it possessed any value. The motion
was denied. He then asked the court to
rule that there could be no con-
viction under the first and sixth
eounts in the indictment, known as
the smuggling counts. Counsel claimed
that there was not shred of evidence
b show that the defendant brought
opium over from Canada, even if he did
denied. Mr.. Crowley surprised the
that he would here rest his case. He
then summed up the defense, saying this
was the most remarkable trial he
HMd tNcI WlbuCoSCo. hll6T tu6
courtroom had been flooded with
hunks and packages and wit
nesses sworn to what they contained, the
Government had seen fit to rest it's case
without opening one of the trunks, and
net one of the jury could say what tie
contents were. Only two small cans had
been opened, one of which a chemist
had analyzed, and it was not proven
hhat they contained opium. Who could
s2y that the defendant had smuggled
any opium? He urged the jury not to
draw any inferences against the defend
mat because he had not put him on the
stand IN his own behalf. He said
Every prisoner stands with the great
shield Of presumptive innocence above
him until he is proven guilty. We rest
cur case upon the absence of legal evi.
denee on the part of the Government
United States Attorney Lockwood
summed up for the Government the ad-
dress of the opposing counsel. He said
he had not said word about the evil
dence, but had simply arraigned the
Government for not introducing more
evidence. The court had found enough
evidence in the case to send it to the
Jury on the question OF fact, He charac-
teqized the defendant as a man whose
syery step since the Government got on
his track had been connected with crime.
He then reviewed the testimony of the
principal witnesses for the Government,
and urged that the perpetrators of such
crimes should not 60 unpunished.
Judge Coke charged the jury, saying
he regretted that some people looked
Mpon smuggling as pardonable ofense
IT the evidence was true in this case a j
henious crime had been committed and
the Government had been defrauded out
u $35, 900. There was no dispute as to
the facts. There was no question that
the substance alleged to be opium was
smuggled into the United States. He
called the jury's attention to Gardner's
movements in Canada under an assumed
name, and his threat to put a bullet
through the customs officer when discov-
cred near the river bank.
The jury retired at noon, and in three
quarters. OF an hour returned with ver-
dict OF guilty on the six counts of the
Indictment.
Assistant Hoyt then promptly moved
the case of the United States against
John G. Haines, Erwin A. Gardner and
John W. Stone. Judge Bundage, of
Buffalo, demanded separate trial for his
client, Haines. D;strict-Attorney Lock
wood objected. The Court held that the
three cases should be tried together.