The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-11-29
THE OPIUM SMUGGLER.
Gardner Cinched for Snug
Cling on Six Counts.
THE GOVERNMENT Degraded
The Defendants Attorney Makes a
Hard Fight, But Gets Left
Three More Cases.

AUBURN, n. Y, November 28.-When
the United States Court opened this
morning the Government attorney s
were allowed to introduce 1900 pounds
of smugeled opium in evidence in the
Gardner case, which then continued.
Hon. Richard Crowley, for the de-
tense. made another motion to dismiss
the case, on the ground that the indict-
ment places the value at $40 per pound
on opium, and no evidence was ad-
vanced to show that it possessed any
value. The motion was denied. He
then asked the Court to rule that there
could not be conviction under the first
and sixth counts in the indictment
known as smuggling counts. Counsel
claimed there was
NOT A SHADOW OF EVIDENCE
to show the defendant brought the
opium over from Canada, even if he
did receive and conceal it. This was
also denied.
Mr.. Crowley surprised the lawyers
and spectators by announcing that he
would hear the rest of his case. he
then summed up the defense, saying
this was the most remarkable trial he
had ever witnessed. After the court
room had been flooded with trunks and
packages and witnesses had been
sworn to what they contained, govern
ment saw fit to rest the case, without
opening one of the trunks, and not one
of the jury could say what their con-
| tents were. Only two small cans had
been opened, one of which a chemist
had analysed, and it was not proved
that they contained opium. Who
could say the defendant
HAD sMUGGLED ANY OPIUM?
He urged the jury not to draw any in
ference against the defendant because
he had not put him on the stand in his
own behalf. Every prisoner stands
with the great shield of presumptive
innocence above him until he is proven
guilty. We rest our case upon the
the government.
United States Attorney Lockwood
summed up for government the ad-
dress of the opposing counsel. He said
he had not said word about the eyi-
dencs but had simply arraigned gov
eminent for not introducing more evil
dence. The court had not found
enough evidence in the case to send the
Jury out on q question of fact. He
characterized the defendant as man
whose every step, since government
got on his track,
HAD BEEN CONVICTED WITH CRIME.
He then reviewed the testimony of
the principal witnesses for the govern
ment, and urged that the perpe-
traitors of such crimes should not go
UNPUBLISHED.
Judge Cox charged the jury, saying
| he regretted that some people looked
upon smuggling as pardonable Of
| tense. If the evidence were true in this
case, heinous offense had been COM
mitted and the government defrauded
out of $35, GOO. There was no dispute as
to the facts. There was no question but
that the substance alleged to be opium
was smuggied into the United States.
He called the jury's attention to Gard
iner's movements in Canada,
UNDER AN ASSUMED NAME,
and his threat to put bullet through a
customs officer when discovered near
the river bank.
The jury retired at noon and at 1245
returned with verdict of guilty on the
six counts of the indictment.
Assistant Hoyt then promptly moved
the case of the United States against
1 rT \
John w. Stone
Judge Bundage, of Buffalo, demand
ed a separate trial for his client,
Haines.
District Attorney Lockwood objected.
The court held the three cases should
be trie ] together.