Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-12-20
A CELEBRATED CASE.
Dr.. Gardner and His Claim Against
the Mexican Government.
DECIDED IN HIS VOR.
And the Money Paid HINT was Afterward
Proved to he . Fraud and He was Tried for
PeEjury-He was Convicted snd Took Poison
in Court-A Dramatic Scene.
Written for the Evening Star.

written for the Evening star
VNHE TRIAL, conviction and death Of DR..
l. George A. Gardiner stands without a paral-
lei in criminal history. The crime, from it's
inception to the tragedy with which it closed,
has no counterpart in the causes celebres of
this or any other country. DIR. Gardiner and
his brother, J. Carlos Gardiner, came to this
city soon after the close of the war with Mexico
and fled claim before the Mexican commits
sion appointed TO examine and decide the
numerous claims for damages which were pre-
sented by American citizens against tina. coun-
try. The claim was for 100000 for
valuable mine from which they had been
driven by the Mexican authorities, and
the documentary evidence was 80 perfected
it substantisted the claim fully and the
commission, composed of eminent law
yers. among whom were the Hon. Caleb B.
Smith Of Indiana, subsequently under Mr..
Lincoln Secretary Of the Interior, and Hon.
George Evans of Maine. formerly Senator from
that state. passed the claim for the full amount
OF the damages alleged by DR.. Gardiner. The
Mexican government protested against 1T and
the arbitrator, foreign minister to whom it
was referred, confirmed the decision of the
board Of commissioners.
THE CLAIM WAS PAID.
The claim was in due time paid. DR.. Gardi-
ner obtained the money from the treasury and
deposited it with Riggs & Co. and some other
bankers, and taking a few thousand dollars
went 10 Europe for some months rest after. as
he said, the long and fatEuing efforts to OBJ
tain his own. The Mexican government did
no. cease to protest against the decision of the
commission and the arbitrator, and eventually
witness was found who gave the government
such testimony as caused it to attach the money
III the hands Of the bankers where DR.. Gardiner
had left it on deposit. He was of course in
formed of these proceedings and protesting
against them. he offered to return and stand
trial If the government would release a sutfi-
Sient sum to enable him to indemnify the bail
he would give for his appearance. His con-
hnerEent he said, would prevent his making
such a defense as he felt sure would prove the
justice of his claim.
HIS PROPOSITION ACCEPTED.
The Attorney General acquiesced in the
request, and DR.. Gardiner returned from
Europe, gave the required bail and engaged
those eminent lawyers. Messrs. Joseph H. Brad
ley and James NJ. Carlisle, to defend him. His
many friends felt confident of his acquittal and
!ls counsel were most strongly Convinced of
his innocence Mr.. Carlisle. who was a perfect
Spanish scholar, and as such had for years been
counsel FOX the Spanish government, examined
most critically the documentary evidence and
WAS convinced of its genuineness. and they
undertook the defense with all their ardor and
ability The late Philip Il. Fendall was United
states district attorney and Hon. Henry MAY
was appointed assistant district attorney. ard
on the 18th day of June. 1851, DIR. Gardiner was
:.-r@igned to plead To the indct ment of false
swearing. perjury. &c. The trial was a very
lengthy one and if ever n man on trial for
crime had the community in which he had
lived for several years in his favor Dr. Gardiner
AID his brother were thus singularly favored.
The prosecution was regarded as a persecution
Gad the many friends who thronged the court
house relaxed nothing of their confidence dur
lEg the trial The first trial being closed Mr..
sNuNI "a 81 Il
jury which occupied two days. and graet expec-
tations were INDUCED in when Henry Nav an
orator whose superior has never been heard at
that bar, should close the case.
TEE JURY DISAGREED.
When Mr.. Fendau concluded his argument.
to the astonishment of every one Mr. Bradley
arose and said they had concluded to allow the
case 20 go TO the jury without argument The
result vas disagreement and new trial was
ordered and a commission was appointed to
visit Mexico and take testimony there. Henry
Nay Vas appointed to head the commission
and nearly year elapsed before the second
trial began No one but Mr.. Nav knew the
evidence he had obtained and he kept his own
counsel There was no wavering in the conf
deree CT DR.. Gardiner and his friends His
eminent counsel entered upon the new trial
with renewed vigor and DIR. Gardiner had if
anything. more effectuaily sustained himself
b. the failure of the previous trial. He was a
man CT perfect manners and conducted him
self so mOdestly and with such commendable
reserve that. to Use the language of "A member
% the Washington bar who had watched the
case with great interest. and felt convinced of
his Innocence, he captivated everybody who
came III contact with him. knew them both
the Gsrdiners. very well, and more uncxcep-
tionabie men in manners and general deport-
Ment / never met. The case went On from
day to day and Mr.. NAY had made no demon
stration OF the result of the commission's visit
to Mexico until the younger brother. /. Carlos
Gardiner, was put on the stand a witness by
the defense.
TIE ELIMINATING LETTER
Mr.. May left the court room for a moment or
two before beginning the cross-examination
and returned with a tin box. and openine il
produced letter from the witness. which had
been intercepted. addressed TO his brother and
which contained conclusive evidence of the
fraud. He was handed the letter and asked il
II was his handwriting. Maintaining the most
perfect self control he examined it critically
for moment and said it looks like my hand
writing. but Mr.. May insisted he should saw
positively whether ii was his handwriting or
not He declined to answer positively, when
Mr. Nay proceeded to unfold the most extraor-
binary story Of fraud. forgery and false swear
ing ever heard IN any court. The counsel of
DIR. Gardner were staggered. his friends in the
court room. and they were largely the majority
OIL those present, were overw helmed, and when
Henry May rose To address the iurv the excite
ment was intense. Mr.. May detailed to the
jury and the court the action OF the commission
In Mexico, explaining and enforcing tine testi-
mony he offered until there could be no hone
% escape, and the case was given to the iurv
The GARDENERS fully expected, despite the evil
dence offered by Mr.. May. another mistrial
and the same placid confidence remained with
the doctor ss before. He was out of the court
when the jury returned and was summoned to
hear the verdict He came in as usual, took
his seat behind his counsel. Mr.. Bradley. and
heard unmoved the verdict of guilty as in
dicted-
HE TOOK POISON IN COURT.
My friend, seated directly behind him. saw
him take something from his vest pocket and
put it in his mouth and asked for a glass of
water, which was given him. He slipped it and
turning TO Mr.. Bradley said There il no use for
my remaining here any longer" The bailiffs
were called and he left the court room and on
reaching the jail he fell in a fit at the entrance
Doctors were summoned and they pronounced
it poison which ne had taken. but he most
strenuously denied II and in an hour or a little
over was dead The news spread through the
city like wild fire. Suicide, OF course. was con-
fessiOn. but there was a deep-seated sympathy
and his funeral was most respectfully attended,
his eminent counsel being present as mourners.
As an instance of the perfect self-control he
exercised during the long period Of the trials