The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-11-29

OPIUM SMUGGLER CONVICTED.
The Jury, After a Short DeliberatiOn, Brings
in a Verdict Against Gardner.

AUBURN. n. Y, Nov. 2S.-When the United
States Court opened this morning, the govern
ment attorneys were allowed to introduce 1900
pounds of struggled opium in evidence in the
Gardner case, which was then continued. Hon.
Richard Crowley, for the defsndent, made an
other motion to dismiss the case, on the ground
that the indictment places a value of $40 per
pound on opium, and no evidence was advanced
to show that IL possessed any value. The mo-
ton was denied. He then asked the court to
rule that there could be no conviction under
the first and sixth counts in the in
dictment known q, the smuggling counts.
The council claimed there was not
o shred of evidence to show that the defendant
brought opium over from Canada, even if he did
receive and conceal it. This was also denied.
Dir. Crowley surprised the lawyers ard spec
tators by announcing that he would hero rest
bis case. He then summed up for the defense.
saying this was the most remarkable case he
had ever witnessed. After the courtroom had
been flooded with trunks and packages, and
witnesses had sworn what they contained, the
government had seen fit to rest the case with
out opening one of the trunks, and not one OF
the jury could say what the contents were.
Only two small cans had been opened-the ones
which a chemist had analyzsd-and it was not
proved that they contained opium. Who could
say the defendant had smuggled any
opiuml He urged the jury not to draw
any differences against the defendant because
be had not put him on the stand in his own be-
half. Every prisoner stands with the great
shield Of p~resumptive innocence above him I'M
til proven guilty. We rest our case upon the
absence of legal evidence on the part of the
government
United States Attorney Lockwood summed up
for the government. The address of the op-
posing counsel, he said, was the most remarka-
bio he had ever heard. He had not said a word
about the evidence, but had simply arraigned
the government for not introducing more evil
depce. The court had found enough evidence
in the case to send it to a jury on a question of
fact. He characterized the defendant as a man
whose every step since the governments got on
his track, had been connected with crime. He
then reviewed the testimony OF the principal
witnesses for the government. and ur ged that
the perpe,rator OF such crimes should not 20 un-
punished.
Judge Coxe charged the Jury, saying he re-
Rretted that some people looked upon smuggling
as q pardonable ~offense. II the evidence were
true IN this case, a heinous crime had been
committed, and the government had been de-
frauded OF So, 900. There was no dispute as to
the facts. There was no question but that the
substance alleged to be opium was struggled
into the United States. Was it done by the de-
fendantl That was the question for the Jury to
ReeS $3.50 1890 - Az "a
the case. He called the iury's attention to
Gardner's movements in Canada, under an as
sumed name, and his threat to put a bullet
through the customs officer when discovered
near the river bapk.
The jury retired at noon. and in three
quarters of an hour returned with a verdict of
guilty on six counts of the indictment Assist
ant Attorney Hoyt then promptly moved the
case OF the United States against John c.
Haynes. Erwin A. Gardner and John W.. Stone.
Judge Bundage, of Buffalo. demanded a sep
arats trial for his client, Haynes, and to this
District Attorney lockwood objected. The
court held that the three cases should be tried
together.
The witnesses who testified in the Gardner
smuggling case repeated their testimony. The
object of the government in calling the same
witnesses was to show that the opium. which
the defendants had conspired to steal, had been
smuggled into the United States. and the gov
eminent, in Selling il, had acquired title to it.
The government had not closed its case when
the court was adjourned at 10 o'clock tonight.