The New York Herald Newspaper, March 14, 1853, Page 3

in Indictment for False in te of San Luis diffigult lands upon it, inch the plaintiff, On an’ le it pnt Tas Feb. 25.—The market opened with some thousand dollars, to lay out, ret naan te ere iecngens heen re firmness, and for «while there was s disposition to further | and it to a private wt (From the Washington Republic, March 12. roids t inaparetient; later inthe de some consider- | track, + compensation; thas saving the gram public, March 12.) in men, steam engines, buildings, horses, mules, and sales were made for realisation. ‘and prices were | teeg that sum. in the grading of the road, and doing CRIMINAL COURT FOR THE DISTRICT OF COLUMBIA. men of science, and that in 1846 he was compelled nought down £0 oloee rather lower then yerlesiny, the ‘ustice to those who have been com- wane Roses fot om oor ¢ A. Gardner.— | to abandon his establishment, his roperty having threes for account at 80f. 100., and Four-snd's alt pelle to nay siete ‘am. y rem aad Ma, +3 bre en Me been despoiled by the Mexican diery “property pee ‘at 105f. 90c. ‘The market anes as So — ‘® It has 5 thon attempted to create an odious mo- Fr pean! * 4 y, for nited States, ai which would have yielded him fifty thousand dollars for cash. $0f. 50e. ; for acount, Sof O0c.; Bauge| oepoly of indefinite and perhaps a per dura- | Messrs, soup - Bradley, James M. Carlisle, and | per annum for years to come; the proceeds for one and-a Hale for cash, 106f.; for account, 1°6f- 0c; Banggs| ep B.F. Perry, of South Carolina, for the defendant. | year having been $96,000. The memorialist oonfi- ‘of France Shares, 2798f° aL, iene (re heel ar on a a by Jaw or ord e, if it be such, it is Mr. Fendall Jeg to take up case 34 on the | dently asserted that at the time of his expulsion his ave bees similarly acted on, but shere har not been say | unreasonable, because made ppon teins Highly inhi oostn Bradley oljested mae He “ho and his as- cron een ied Ge ate eee general or material decline. Hlous fo the city, and to all itsec 7 SOX PO¥ETS | sociates were not ready in thf, having directed all | Ween or falsity of these assertions that the issue is ————e MORE RAILROAD INJUNCTIONS, ‘TheSecond Avenue Case—What Work for the Lawyers. SUPREME COURT—GENERAL TERM. Before Hon. Judges Edwards, Roosevelt and Morris. Marcu 3.—Gerard Stuyvesant vs. Denton Pear- sall and others.—The plaintiff in this action brings the complaint on behalf of himself and other owners of real property, situated on the proposed line of Second Avenue Railroads he states that taxes have increased toan extent within the past few years, and that from 1846, in which the taxes were $2,096,191 18, they have increased to $3,380,511'05, and that the amount officially estimated for 1853 is $5,171,802 79. ‘The argument on part of plaintiff was opened by Mr. Noyes, who submitted the following points on his motion to make the diesctiea: restraining the gran- tees of the line, tually. I.—The diggi rend breaking of portions of the streets, as ged in the complaint, is prima facie unauthorized and a nuisance, as it hinders tho full and free enjoyment of the said streets, obstructs the right of passage, and endangers the safety of pas- engers, ae . ‘ If—This establishes a right to the injunction 78) jor. “ bd ‘the nuisance isa public one, affecting all our citizens who have occasion to pass over those streets. 2. It is then the duty of the defendants to over- come this apparent right, by showing, affirmatively and_ plainly, that what they are doing is sanctioned by the law of the land. i II.—If the Common Council had the power, by a resolution or otherwise, to establish or consent to the establishment of a railroad in the city, upon any of the streets in question, still, the condition upon which the right was ree has not been complied with, and the resolution has never taken effect. Thelast reso- lution declared that before the permission should take effect, the parties named as grantees should en- ter into a good and suflicient agreement with the Mayor, Aldermen and Commonalty, to be drawn and approved by the counsel to the corporation, binding themselves to abide by and perform the stipulations and conditions therein contained, and also such other regulations and ordinances as might be passed by the Common Council relative to the road. This agree- ment has never been entered into, inasmuch as, 1, Those only who should act in making the road, and not all the parties, bound themselves by the agreement which was made; and, 2. They only bound, or rather attempted to bind, their successors, and did not bind their proper legal representatives to the performance of the conditions, as the resolution contemplated. The mode of accepting the resolutions was a fraud, as it provided for a withdrawal, without the consent of the corporation, of any one or all of the original parties, so that none of them should be bound, ex- cept at their own pleasure, and so that they could transfer their rights to any one, however irresponsible or worthless, and retire with the fruits of the grant in their pockets. IV. The adjournment of the Board of Aldermen from the fourth to the eighth day of November, being more than three days, put an end to that monthly session of the board, and when the board met again on the day to which they had thus adjourned, it was not a legal assembly, and could do no lawful act. Vv. The corporation of this city has no power to establish a railroad in any of the streets named in the resolutions, or to carry on, in any way, the busi- ness of transporting passengers in the city; nor has it any power to authorize such railroad, or to confer upon any one an exclusive or other right to use a particular or any portion of any of the streets for that purpose. 1 The fee of the land in the site of the streets is in the owners of the real property on each side, ad me- dium filum vie, subject only to the easement or right of way, as it now exists. As the law presumes the fee to be in the owner of the adjoining lands, usque ad filum vie those who allege that it is elsewhere must prove it. Hence, the corporation must prove as good a paper title as is re- quired in an action of ejectment. ‘The right of soil in the streets was not in the corporation under the Dutch government, or since. 2. Having nothing but an easement, or right of way, for all the public eauelysche corporation has no right to dig in the soil for the purpose of laying rails and constructing a railroad in the street, nor can it grant any such right to others. 3. Digi ‘ing in the soil, laying rails, aud construct- ing a railroad in the streets, is appropriating the pro- perty to a new use, one exclusive in its character, é Sa solely for the benefit of a few favored persons. e att sive evidence that the streets are to be put to a new use; else it is unnecessary. If the railroad will not obstruct the use of the street, then the owners of the fee have a right to build it themselves. 4. The right of eminent domain is in the State; and the power’ to exercise it for the purpose of estab- lishing railroads in the streets has not been delegated to the Ce etree nor to any one else. 5. The land in the site of the streets cannot be taken for the purpose of establishing a railroad, with- “ making just compensation to the owners of the soil. Not a single attribute of private property can be taken away, even fora public use, without full remu- neration. 6. Even the Legislature could not authorize the taking of the streets for such a purpose, for a full compensation; the public having now a good and sufficient right Of way, the passing of an act to that | operate merely as an arbitrary exercise | of power, by transferring 2 title or interest of an ex- | effect woul clusive character in the plaintifi’s land to others. 7. Constructing a railroad in the strects mentioned would be an injury to the plaintiff and other land owners, because they never dedicated the property to, or contemplated, such a use; and because the property on both sides of the streets would be depre- ciated in value. 8. No inference in favor of the power assumed by the oat is deducible from the laying down of gas and water pipes. or the putting up of telegraph poles, as all these are expressly authorized by the sta- tate. 9. So the whole legislation ofthe State shows, that wherever a street or highway was intended to be given up to, or allowed to be used for, any analagous purpose, guasi public in its character, compensation must be made, or the consent of the owner of the soil first obtained. VI—AII citizens and travellers have a right to the free and common use of the carriage-way of the street, and every part of it, with their carts and car- riages; and the corporation has no right to grant to others any particular or exclusive use of the streets, or any part of them, or to allow its grantees to use the oeeeta in a way which is not alike common to all. VII.—The resolutions in question are not a law, but a contract; and the Common Council, without the Mayor, has no authority, by law, to make such contracts. 1. The Common Council, and the parties who take it, call it a grant. 2. But whatever they may now find it expedient to call it, it was not a command, without which there cannot be a law, but a proposition for a bargain; and when accepted, it did not make a law but a contract, and it was required to be evidenced by a written agreement, like other contracts. 3. Contracts can only be made by the ‘whole corpo- ration, or the proper executive department, and not by the two Boards, without the Mayor. VII.—Whether the resolutions be called a con- tract or a law, it professes to grant to Pearsall and others, property or privilegesappertaining exclusive- lyto the city; and such agreement cannot be made by ~’ the two Boards, without the concurrence of the May- or, as an integral part of the corporation. 1. All rights of property, and all privileges belong- ing to the city, are vested in the whole Mad er and can, of course, only be alienated by the act of the whole. Asthe two Boards constitute but a part of the corporation, they cannot make a grant. 2. The Common Council has no powers except such as are specially delegated to it; and the power to dispose of the property or privileges of the city has not been delegated to that body. 3. The attempt of the two Boards to make aliena- tion, witheut the concurrence of the Mayor, was a plain usurpation of authority, and could confer no rights upon the defendants. x if the resolations are to be regarded as a by- law, instead ofa contract, they are still void; because, 1, The power to establish or authorize a railroad in the street has not been delegated to the Common Council. 2. The r could not be exercised by the State itself, without eit just compensation to the own- ers of the roperty taken for the railroad. 3. The Scatmon Council has attempted either to usurp the authority of the Mayor to license carriages, or to compel him to give licenses against his will. 4. Ithas attempted to create a corporate fran- chise. 5. It has attempted to confer on Pearsall and others an exclusive privilege in several public streets. 6. It has erty d to confer upon them a joint ownership and a joint supervision over such public streets, and to allow them to incorporate their pro- perty into and with it, and to make such streets per- petual depositories for that purpose, against the rule of the common law, that all voluntary additions to Jand belong immediately to the owners thereof. 7. Ithas attem divert the Street Commis- sioner from attending to his appropriate duties, and to convert him into a railroad superintendent, and to set him with the care of the road. 8. It is taking the Second avenne, (to say nothing ipt to make the grant is of itself conclu- | 11. It ia a violation of the language, as well as the spirit of the general railroad act, which only autho- as the occupation of highways for a railroad by an incorporated company, upon making compenssa- tion and by restoring the road to its ori condi- of safety. back It is rg attempt to violate, and will tend to the violation constantly, of the general laws of the State, known as the law of the road. 7 X. Not only is the digging up of the streets to make the railroad a nuisance, but the railroad itself will be a continuing nuisance, especially injurious to the plaintiff and others, as well while in the progress of construction as afterwards. XI.—If the aed hee had the power to grant the privilege of establishing a railroad, it should have adopted the proper regulations concerning the mode of constructing and using the track, and then have left the executive duty of obtaining the best terms and entering into the necessary contract to the head of the proper department. XII.—Whatever interest in or power over the streets rightfully belonged to the Corporation, it held asatrust to be exercised for the public good; and the grant of these privileges without an, ‘considera- tion whatever, with the right to demand five cents fare from travellers, when a large sum might have been obtained for them, was a palpable breach of trust anda fraud upon the plaintiff and other tax payers, fnhabitants, and travellers in the city. XIL1.—If the foregoing pontoon: or any of them, are well taken, it is clear that the injunction should be granted. On behalf of the grautees Mr. Jas. T. Brady ap- pears, and will submit his points to the court at the conclusion of Mr. Noyes’ argument. Maxcn 4.—Mr. James T. Brady on the ay of the defendants, proceeded <> sti the legality of the grant. The defendants declare that “no member of the Common Council of the city of New York has now, or has ever had, any interest, direct or indirect, in the grant of the right or privilege to construct the tailway mentioned in the complaint in this ac- tion, nor has any or either of the members of said Common Council ever received, been promised, or given to expect any money, property, or reward of any kind for his vote, countenance, or influence, in tavor of said grant ;” that they applied for and pro- cured the gravt in a lawful and proper manner, with- out the employment of any corrupt agencies, and that the construction of the railroad, conformably to such grant, will not bea nuisance, but will be | great dune: benefit to the inhabitants of the city of New York, and ensure the private pecuniary advan- tage to the plaintiff, the value ot whose property will be faleme sl by the construction of the road.’’”” The defendants also state that ‘‘ contracts have been ac- tually and in good faith made by said company for iron, and other materials to be used in making said road, and for railroad cars, to the amount of several thousands of dollars, all of which contracts were made before the commencement of this suit, and are now in full force,” and that these contracts are binding and obligatory upon the company so that if they were violated because the making of the road was prevented by judicial action, the company would be responsible for damages to the other parties to the contract. That the company also employed an engineer to superintend the construction and operation of the road, viz., Edmund Smith, and have engaged him for one year at the salty of twenty-five hundred dol- lars, They have also employed a secretary. That when such contracts were originally made, no ap- prehension or suspicion was entertained that any attempt would be made to pois the making of the road. The defendant, Mr. Pearsall, says that before the grant mentioned in the complaint was made, the plaintiff told him that there was no objec- tion to the railroad if the track were laid down in the First avenue instead of the Second avenue; that if such change of its course were made, he and others acting with him would assist Mr. Pearsall in getting the grant; but plaintiff stated that if Mr. Pearsall insisted on the track being laid in the Se- cond avenue, he Seay remacae would spend a hun- dred thousand dollars to defeat the applicants for the road. The defendants also assert that the con- struction of the Second avenue railroad was actually commenced by them more than a month cee betore the commencement of this suit, they had laid the rails of the track two blocks, and when this suit | Was commenced, were proceeding, in good faith and with all pacer. speed, with the work of com- pleting said road. | _ The following are the points submitted by Mr. | Brady, for the defendants :— First. The plaintiff does not show that any injury is threatened to his legal rights, either as a tax payer, or by reason of any rd ae interest he claims in the fee of-any street to used in constructing the | contemplated railroad. As a mere tax payer, he cannot maintain this action. It does not appear that he will suffer any injury, as tax payer, by the con- struction of the road. The complaint does not state facts which show that the defendants threaten to erect any nuisance. The temporary obstruction of the streets for the purpose of making the road would not be a nuisance. If it were shown that the plain- | tiff would be oe injured asa tax payer, or would suffer from @ nuisance created in making the road, his injury can be amply redressed by damages, for which there is no pretence that the defendants are not abundantly able to respond. This is nota case in which the plaintiff can maintain a suit as one of a clacs having a common right. And it does not appear that any citizen other than himself is opposed to the construction of the road, or desires the injunc- tion to be granted. The Court has no power to con- sider or determine whether or not the construction of the railroad would bea te pone ety ora public bene- fit, nor whether it would increase or diminish taxa- | tion—nor does the authority to interfere by injunc- tion exist on any ground. | . II If an action like this can be maintained at all, | it should be brought in the name of the corporation of the city of New York, which is the trustee charged with the duty of regulating the streets, and with the government of the city. That corporation has im- | properly been made defendant, no request that it should be plaintiff being alleged. 111, The several stockholders in the railroad should have been made defendants. IV. The corporation of the city of New York has power to prescribe in what manner the surface of the street shall be paved, or arranged for the several kinds of vehicles traversing it for public or private ac- commodation. The laying of a railroad track is but an adjustment of the street to adapt it for a railroad car. If the cars or the track be so used as to create a nui- ance, the remedy for any injury to a party aggriev- ed, when such injury occurs, can be applied as in any other case of nuisance. Neither the track nor the car can be, per se, a nuisance. V. The power referred to in the last point was law- fully exercised in authorizing the construction of the road in question. See the second point, with such of its subdivisions as are eee to this action, made by the defendants, in the action of Milhau ag’t Sharpe and others, (the Broadway railway case.) and the references under such subdivisions. “Wheth- er any remonstrants were, or were not refused a hearing, in opposition to granting the privilege of making the road, is wholly immaterial. This Court has no power to inquire whether the mode of legisla- tion was or was not judicious, nor whether the action of the Hebel, or the members of the Common Council, was fraudulent. If the grant could be voided for fraud, it could only be on the application and in the suit of the corporation for that purpose. Secondly.—As to the case made by the answer. No injunction should be granted, because, first the whole equity of the complaint is denied by the answer. Every allegation as to fraud, abuse of power, unfairness, or illegality in the obtaining or granting the Rees to make the road, is specifi- cally and fully negatived. Second, it is shown by the answer that the making of the road will bea great public benefit, and promote the pecuniary ad- vantage of the plaintiff. Third, it is also shown that the construction, or use of the road, will not create a nuisance. Fourth, it is also shown that the defend- ants and others have been duly organized as a rail- road corporation, under the statute. They have, therefore, full authrity from the State to construct and use the road as consented to by the corporation of the city of New York. Fifth, on the faith of the ermission to make the road, various persons have Become stockholders in it,and monies have been paid, and contracts made in good faith, and to large amounts, towards constructing and using the road, and it would be most unjust to deprive those persons of their property and means thus invested in an ad- Yenture authorized by the city and State of New York. Lastly, the corporation of the city of New York isthe Sole judge of the expediency of exer- cising its legislative power, and no court can review or reverse its legislative’ action on the ind that such action was injudicious, or resulted from corrupt conduct of individuals in its legislative department. In aI id of these several propositions, we refer to the points, argumenta, and authorities presented to the court in the recent argument of the Broadway Railroad case, on behalf of the defendants therein. After the argument of Mr. Brady, Mr. Noyes rose to reply for plaintiff, after which the Court adjourned, Boston Insurance Losses at New Orteans. —By the burning of the Alabama Cotton Press, at New Orleans, on the 2d inst., the total loss was nearly a million, Oe which there was insurance for $866,- 000. Of this amount upwards of $60,000 was in this city, divided as follows :—Merchanta’ office, $20,000; Alliance, $12,000; American, $8,000; National, $5,- 000; Boy ton, 18.0; Manufacturers’, $1,000, — Boston Herald, March ia, | . their attention to the ‘case of George A. Gardner, being pen satisfied that if the United States should fail in the first they would not preas the se- cond case, which is that of John Charles Gardner. They were ready to try the case of George A. Gard- ner, and the proposition now made was a surprise. Mr. Fen argued that it had been the usage of the counsel of the government to regulate the order of trial, and he trusted that this would not now be departed from. He gave notice on Monday that he would ask to take up the case of John ©. Gardner, and therefore did not intend a surprise. Mr. Bradley repeated that he and his associates were taken by surprise. The case of John Charles Gardner had never been called; his counsel was not ready; and now it was proposed to try it. The counsel of George A. G: er, however, were now prepared for trial in the last named case. ir. Fendall said that the cases were arranged on the docket:—33, George A. Gardner; 34, John Charles Gardner; and 35, George A. Gardner. They were all for trial during the present term; and be- side, it was im; \t for the ends of public justice thatthe case of John Charles Gardner should first ye tried. Mr. Carlisle contended that the ease of George A. Gardner should first be tried, as it went to the ale root of the whole matter. He is accused of presen ing a claim based on a mere vision. If this is true, all the depositions in its sappars are founded on fraud, as a matter of course. hy, then, propose to try the case involving annals affidavit in support of the claim? Why not march oP to the strong part at once? The case of John Charles is a minor point, and there was no reason why that of George A. Gardner should be now thrust aside. Mr. May said the Lae question was as tothe order of trying cases. The Court would find that there are three indictments touching this transac- tion of afraud committed on the government. Two of these are against George A.,and one against John Charles Gardner. They stand together. ‘The case of the latter is intermediate of the other two. ‘The Dis- trict Attorney offers to try the case of John Charles Gardner. He thinks it is his right to regulate the order of trial. And he (Mr. May) concurred in this view. The case of John Charles Gardner was the principal one on the record, and the most compre- lienatve of the three. The paper is more compre- hensive, and contains more facts than the memorial of George A. Gardner before the Board of Commis- sioners. In support of this, he appealed to the in- dictments found by the grand jury. Therefore, if gentlemen are prepared to try the one case, they are prepared to try the other. The grounds assigned by counsel on the other side are, that the case of John Charles Gardner is less important, and that in ‘this they are not ready. And he called on the Court to act according to the Fanci it asserted the other day, and permit the District Attorney to regulate the order of trial. If this right be taken away by the Court, it would be with a full knowledge of the re- sult to pups justice. Mr. Perry said this was a peo son on the part of the District Attorney to take up the accessory be- fore the principal. If any one was indicted for mur- der, and there was an accessory, the District Attor- ney would try the accessory before the rincipal is tried. He asked the gentlemen on the other side to joint out the distinction between the two cases. It is known that a man by the name of Geo. A. Gard- ner is accused throughout the length and breadth of the land of having perpetrated a monstrous fraud, and that his brother is charged with Bat and abetting him. Counsel have been employed by Dr. Gardner, witnesses have been brought from abroad, and he (Mr. Perry) was here from South Carolina to assist in the defence. If John Charles Gardner should be tried first and acquitted, it would amount to nothing as to the guilt or innocence of Dr. Gard- ner. He had heard no reason assigned for first try- ing the brother of Dr. Gardner, except a discretion on the part of the counsel for the United States. _ Mr. Bradley remarked that this was not a ques- tion of order of business, but a question of the ri, ght and eur of the government to take up what case it may please, whether the other party a pre- pared or not for trial. This was now urgéd upon the | ourt. Such a Pry ition was never entertained for a moment in England, and he trusted it never would be in an American eourt of justice. He de- nied that such a rule had existed in this court from the ern Mr. Fendall replied, saying he had not claimed a right on the part of the United States to try a de- fendant whe! he was ready or not. He claimed tnat it bad been the practice of this court, of the Cir- cuit Court, (when it had eriminal jurisdiction,) and of every other court of the United States having such jurisdiction, to allow the attorney of the government discretion as to the order of calling up cases. Ex- jetta) had shown that this usage was conducive purposes of public justice. If when a case was called up the defendant was not ready, it was in- cumbent on him to show legal cause for not being ready. The cause now assigned was that the de- fendant’s counsel were taken by surprise. They ought not, however, to be surprised. They were bonnd to be ready in all the three cases. The Court explained the rule of the court, geying he could see no possible advantage, or rather the ad- vantage the government ought to derive by such an arrangement; and decided. for the reasons which he gave, that the case of George A. Gardner must first be tried. A jury was then empanelled, consisting of the fol- lowing ‘citizens :—Peter Magruder, John M. John- son, Alexander Borland, Abram Butler, Eben Brown, Jesse B. Wilson, James Fullalove, Charles H. Lane, John By he William H. Gilman, John Wilson, and George Crandell. ‘The witnesses were excluded from the court room until they shall be severally called to testify. All witnesses in other cases were discharged until next Monday week. Mr. May (at a quarter to two o'clock) opened the case; and, in addressing the gentlemen of the jury, he expressed the great pleasure which he experienced ,| in renewing his relations with them, which in former days had been so pleasant. This pleasure was en- hanced by the responsibility of the office which he now occupied, as the humble assistant of the Dis- trict Attorney in the prosecution of this case. It was enhanced, too, by the fact that this was the most important case upon which any one of them had ever been called on to ast, and in a long lifetime may never again be called upon to act on one bola such momentous features and results. He was grati- fied beyond measure that this case, under these cir- cumstances, was confided to those who occupy the j= sition of intelligent men, substantial men, whours identified with the respectability of the people, and the support and dignity of the government. The importance of the case grows out of the fact that this is not only the boldest, but the largest and most sne- cessful scheme of fraud ever, within the whole range of human history, per trated against the govern- ment. The very dignity and respectability of the government of the United States were at stake on this issue. It was a question in the eyes of the world, whether a great republic like ours, in the adminis- tration of its duties by its subordinate agents, is honest and capable enough to protect itself against fraud. After further preliminary remarks he said, with respect to the accused, he stands here with the presumption of being an innocent man, and must be allowed the benefit of that presumption until his guilt is proved. The law presumes him to be as innocent as a stranger, and the government must be allowed to stand in the attitude of merely performing its duty through its agents. He then proceeded to give an outline of the character of this case, and of what the government expects to prove, to show whether the prisoner 1s innocent or guilty. It would be withia the knowledge of the jury that the war which exist- ed between the United States and Mexico was ter- minated by the treaty of Guadalupe Hidalgo, in February, 1848, One of the provisions of the treaty was that the United States, m consideration of the cession of California and New Mexico, stipulated to retain, out of the large sum of money agreed to be given to Mexico, three millions of dollars, for the pur- poee of paying all just claims of American citizens against Mexico, provided that Mexico should be re- lieved and exonerated from the reaponstbility of those claims. In order to carry the treaty into effect, Con- gress passed a law creating a board of three commis- | sioners, to sit as a kind of court to ascertain whether | the claims were just or not. They were authorized to convene in this city, which they did. One of their rules required that every claimant should file his me- morial, or, in other words, the statement of his claim, its general character, its amount, and the principal | features and grounds on which he presented it; and, | in order to secure an honest presentation of claims, they provided that the memorials, in every case, | should be sworn to. Shortly after the organiaution of | the board, the accused, now at. the bar of the court, George A. Gardner, presented his memorial, in which | he described the character and nature of his claim, and this paper was sworn to as true, before ['.S. Myer, a Justice of the Peace of this city. Itis for having made that oath, and presented that paper to the commis- sioners, that George A. Gardner now stands indicted. ‘The laws of the United States, of March 3, 1823, i vide that any one who shall take a false oath ia bel rt of any claim against the United States. or which concerns any expenditure of public money, shall be punished ‘for the crime of false swearing. ‘The prosecution expect to prove that the accused filed with his memoria) other papers, depositions parportiog to be from persons residing in Mexico, nding to prove that he was the owner of a mine in thet country. Mr. May then read from Dr. Gard- ner’s memorial, presented to the Board of Commis- sioners, stating, among other things, that he is a citi- zen of the United States, and was born in the State raised between A. Gardner and the gov- ernment of the United States; affirming on one hand that every statement in the memorial, and cree paper presented by him, are false and fabri- cated, and that there is not one syllable of truth in them from beginning to end; and that it is a pure fiction and invention. He received, as the fruits of his enterprise, from the United States, $428,750, almost half a million. In support of the truth of the memorial, it was required that he should be more definite in the location of the mine. He had only located it in San Luis Potosi, a large State of the Mexican republic. About a par after his memorial was presented, he accordingly filed what he repre- sented as a copy of his ing title, and was re- juired by the Commissioners to support it by evi- lence of persons residing in that country. But no such beret as those whose names he pretended to furnish ever lived or were to be found in Mexico, and every one of the depositions was made in the city of Washington. The mine title was manufactured here; the whole case was invented and manufactured here, as there was reason to believe. The principal fact is as to the existence or non-existence of the mine. The government discovered, by the help of Providence, that this was all a fraud; and it was able to find persons in Washington just in time to save the government from losing the money before the lapse of the statute of limitation. It was neces- ie that the government should support these things by indubitable proof. The government expected to show that the mine was so vaguely located that it could not be found. A commission was sent to Mexico, and although a reward of five hundred dol- lars was offered, no person could be found to desig- nate where it was. The government likewise ex- pected to show that there is no mine in the section of country claimed for it, and that the rare a poor dentist, never could have worked such a mine as he describes. Instead of working the mines he was working in teeth, hundreds or thousands of miles distant, and peddling small wares on the Pacific coast. There is evidence to show that the mining title, the seals, and the signatures of public officers in Mexico are all forged. The above is but a brief sketch of the remarks of the gentleman, who eloquently addressed the jury in conclusion. Mr. Bradley (it being now three o'clock) said that he could not make his opening speeech in an hour, and within that time present the whole juestion. He had not anticipated that the counsel for the proveonson would address the jury this after- noon. If the court would adjourn now, he would be Lea by to-morrow morning. The Court—I am willing to sit here. “ Mr. Bradley—I am aware of that. Your honor is always ready to sit here, as we well know. (Laughter.) ~ If the. United States will examine a single witness, we will reserve the opening on the part of the defence, until before the cross-examina- tion, which we have the right to do. Colonel William O, Niles was then called, and tes- tifled that he first saw Dr. Gardner at Mrs. James's boarding-house. In the course of conversation the Doctor said he had a claim for spoliation of his pro- perty in San Luis Potosi. The Mexicans despoiled his mines, burned his buildings and machinery, and let the water into his mines. He stated that the amount was not less than sixty or a hundred thou- sand dollars ; but whether he meant his loss or the claim the witness could not tell. This conversation took place somewhere in the.spring of 1849. Y Cross-examined.—Dr. Gardner showed me a large crystal of gold, and I saw other specimens said to be from his mines. Philip C. Johnson testified that he was acquainted with Dr. Gardner, who came to him after Mr. Evans (one of the Board of Commissioners) arrived in the city, and asked him whether he was acquainted with that gentleman, the witness being from the same State (Maine). The Doctor wished him to see Mr. Evans. and ascertain when his claim would be taken up. He consented to call upon Mr. Evans ; and, it being ne- cessary that he should know something of the claim and the.amount of it, the Doctor informed him that he was optgee to abandon his mining operations in Mexico. He said that the amount was $150,000 or $170,000, and that “ we” could make it what we pireeed. His brother Charles was at that time with him. This was pretty much all the conversation he ever had with Dr. Gardner. Charles spoke to him to sce his brother the Doctor. George never said any- thing about Charies being interested with him. The witness did not think any interest was talked about when they were together. Dr. Gardner said he would fre fifteen, twenty, or thirty thousand dollars to have the claim taken up at once. The object of hav- ing the witness go to Mr. Evans was to have the claim taken up at once. Cross-examined.—Saw Mr. Evans at the instance of Dr. Gardner, and told Mr. Evans what Dr. Gardner had said. The anxiety expressed for the taking up early the claim was, that their business was such that they wanted to get away. Mr. Evans said that he could give no definite answer until the board was organized. It being now about the usual hour of adjournment, the Court reminded the jury that this was an impor- tant matter, and requested them not to indulge in conversation out of doors respecting it. Adjourned. AnorHeR CuapTer ror THE NEXT UNCLE Tom. —The Cleveland Herald says, two weeks since a lit- tle affair occurred at Oberlin, which, to say the least, was a singular one. Two old women, slaves, who some two years since were sent out of Virginia to pre- vent their sale for debt, had found a home at Ober Tin. They had several times written their former master that they wished to return to him, and at length their request became so urgent that he visited Oberlin. Here was an opportunity for excitement which was readily embrraced by the earnest aboli- tionists of that famous town. It was determined that the slaves should not return, and the master was so informed. He replied that he had come at their own solicitation, and not because he wished the women ; and that he had no desire to take them baek unless they desired to go. If they did so, they would go and he would take care of them. Every argument was used to induce them to stay, and a correspond- ent of the Oberlin Times, a rank abolition sheet, says :—* We endeavored to put the matter before them in its proper light. We dwelt upon the poss. ble contingencies in the case. The possibilities of another execution upon their master's property, &c. ’Twas all to no purpose.”’ A Doe Story.—The following story can be ! relied on ag true:—A day or two since, ‘a musician of this city received two five dollar bills as payment for playing at a concert. His wife tucked thes into the sleeve of her dresa, and on retiring to bed forgot to remove them. They fell upon the floor, and the next morning were found by a little lle dog, who played with them for some time, and was at last seen to swallow them. er to recover the money, and knowing of no other expedient, the musician killed the dog, opened it, and from its stomach took out the fragments of the bills. The pieces were carefully dried, pasted together, and taken to one of our Bos- ton banks to which they belonged, and were there redeemed.—Boston Traveller, Feb. 25. Weekly Report of Deaths. In the City and County of New York. from the 5th to the 12th day of March, 1863, Mon, €7; Women, 73; Boys, 121 ; Girls, 103—Total, 364. DISKASES, Absees: 1 Fever typhoid Apople Fever ty phus Asthma, Fever nervou Rleeding . Heart, disease o} Bleeding from stomach Hooping cough Bleeding from lungs Inanition Burned or scalded Inflammation of bladder Lronehiti; Inflammation of brait Inflammation of bow Toflammation of chest Inflammation of heart Inttammation of lungs. Inflammation of stomaeh. Inflammation of throat Inflammation of wom! Consum) Convul; ions Croup ..... Inflammation of liver Cengestion of br: Intemperance . Congestion of lung: 8 Lues Venerea. 2 Cyanosis 1 Malformation Debility ... 7 Marasmus Delirium Tremens 2 Measles. 6 > Neuralgia Old age... Premature birth, Dropsy in the chest Pleurisy ...., Dropsy in the heart Rheumatism Drowned Serofula Fistula im ano Fever , . Fever puerperal Fever remittent. Fever scarlet... Under 1 year 1 to 2 yoari 1 41 40 to 60 years 2 to 5 year 52 60 to 60 years.. 5 to 14 years 18 60 to 70 years 10 to 20 years 18 70 to 80 yoars.,. 20 to 80 ye oF NATIVITY, United States 285 Germany a Ireland ,, @8 France . 2 England Seotland Wales ., . 1 Unknown... From—Hoxpital, Bellevue, 11; Penitenti well's Island, 6; Lunatic Asylum: Blackwell's Island, 3; Randall's Island, 1; Blackwell's Island, 1; City Hospital, 2; City Pricon,’1; Alma House, Blackweil’s Island, 6 Colored Home, 4: Colored hersons, 12. THOMAS K. DOWNING, City City Inspector's Office, March 12, 1853, 6 Holland Inspector, nny MONEY MARKET. Sunpay, Mareh 13—6 P. M. At the close of the stock market yesterday a little better feeling existed, and holders of stocks generally were in better spirits. We cannot see any cause for this, for we do not see anything in the immediate perspective calculated to create much buoyancy, or even to give a hope of better times. We are by no means out of the woods, and we know not how soon again the note of alarm may be sounded. So far wo have only been slightly scorched, and it may teach us to keep our fingers out of the fire, at least for a time. Contraction and retrenchment is the only alternative, and it has been pretty generally resorted to. Unfortunately, it was out of the power of many to draw in. They were so much extended—so much out of their depth—that the only way was to make the best of their position and submit to the enor- mous shaves extorted from them by the Shylocks of Wallstreet. Whether they will weather the point, or not is a queation which a few days or weeks will solve. The commercial classes are short—very short. Their extension and overtrading has been the direct cause of the stringency in the money market, and the brunt of it falls upon them. Stock speculators have suffered some, but they have been easy com- pared with the mercantile classes. The immense quantities of business paper which the banks have been flooded with during the past two or three months, and which was taken on discount so long as the banks had a dollar of their own and that of their depositors to spare, has been floating about Wall street, and much of it sold at heavy shaves. The offerings at the banks continue very large, but very little is taken. In the event of the marke easing up a little, the importers will commence their spring remittances, when shipments of specie must be made. This is the next difficulty we shall have to encounter, and it may be avery sgrious one. The prospect is so unfavorable that no one exhibits any desire to extend their operations in stocks or any- thing else. The surest, safest course to pursue, isa “ masterly inactivity.” Those who are not involved in the spéculative movements of the day— vho are so restricted in their business that they can calmly look on and see the contortions and writhings of those who have recklessly placed themselves in the power of money lenders—have real cause for congratulation. Unfortunately, they compose but a small portion of the commercial community. According te the European advices brought by the Africa, American stocks were in great demand on the other side of the Atlantic, probably owing to the unfavorable position of Turkish affairs. The com- mercial reports are of rather a chcerless character, both cotton and breadstuffs being greatly depressed. The shipments of specie from this port this year, up to March 12, inclusive, have been as annexed:— SHIPMENTS OF SPCR FROM THE PorT oF New York. fret hands. Spirita a held at 64s. for Briuab, but | of the other streets) which bas cost the, owners of THE TRIAL OF DR. GARDNER, via i Jn the year 1844 he wagen- | FINANCIAL AND OOMMERGIAL. | * doesing the Legisistare to Bark A. B, Sturges, St. Jago de Cuba, Sp. doub- loons cee $8,600 Steamer vel ‘3 § 215,000 Brig Ann Merritt, St. Johns, PR. Colombian doubloons.. .. ie 10,015 Brig Trenton, Gonaives. Am. gold 8,545 Steamer Humboldt, Havre, do... 34/650 “ “ ©” gold'and silver, 18,000 Total March 5 to March 12. $289,810 Previously reported... 1,878,510 Total for 1853. It is near three years since a few grocers and dry- goods jobbers conceived the idea that they could save a few dollars, in the way of discount, on uncur- rent money, by starting a bank to regulate the cur- rency. At first they promised par redemption; they also promised to make New York for the whole Union what Boston is for New England, by bringing all the banks of all the States under their control. Influenced by these promises, subscribers to the stock of the Metropolitan Bank were found to the amount of two millions of dollars. In June, 1851, the regu_ lator opened for business, and astonished the com. munity by proclaiming a tariff of discounts, not on the currency of the Union, but on New York and New England only, and refused to do business with any except depositors. They still proclaimed their determination to redeem their promises, and regulate the currency. In one instance, however, actuated by malice, they madea demonstration out of the State, and actually drove the Government Stock Bank of Michigan into liquidation. For more than two and a half years the business of the Metropolitan Bank has been uniform, and well understood. They have gathered up the New York State and New England money, forced it back for redemption, restricted the bu- siness of those banks, made a vacuum for such money as they did not take, and invited the currency of States beyond their sphere of operations to occupy the ground—thus, by their own move- ments, relieving the public of the better portion of the currency, and forcing into circulation a depre- ciated currency, issued and taxed by foreign States— forcing upon us a triple loss—a loss of discount, loss of taxes on the currency, and a loss of the profits to the maker of the currency. The foundation was also laid for panic and distrust, for the organs of the Metropolitan Bank have, by sheer falsehood, tried to make the ignorant believe that the free bank currency of foreign States is all shinplaster and wild cat. This state of thingsis just what every person of com- mon observation foresaw, and is just what the brokers want. One of the promised achievements of the Metro- politan was the annihilation of the brokers’ business. If, under such circumstances, the brokers made an effort to save their shavings, who can blame them ?— and, if their efforts proved successful, who is respon- sible for the wrong but the managers of the pretend- en regulator, who, after clearing the way to let in this currency, do not lift a finger or use a dollar to send it back? The whole business of that bank has been pushed forward by a species of bribery and false promises. We have al- ready said enough of its false promises. Their bribery consists in taking uncurrent money a fraction cheaper than the brokers’ rates, on condition that they get the deposits, and in paying one per cent more interest on bank balances than had been previously the custom. Among its first acts, terms embracing this bribery were laid before the mer- chants and the country banks. The effect has been to drive a large portion of our banks into the uncurrent money business, and, asa general thing, our city banks are paying four and five per cent to country banks on balances. ‘The American Exchange Bank has long been a leading institution in the way of bank and bankers’ accounts, and wasa special sufferer under the Metro- politan system. Its customers were urgent, and claimed that they were entitled to the Metropoktan rates. The President resisted their claim as long as there was wisdom in so doing. To follow the smaller city banks, and make a deposit in the regulator for the privilege of playing second fiddle was more than he chose to submit to—in short, he was forced into the uncurrent money business, contrary to his wish- es. It would be highly insulting to the managers of the American Exchange Bank to suppose that they would do business in the clanish manner of the Metropolitan, by confining its operations to New York and New England banks, and by excluding any class of citizens from opening accounts with them. They say toNew York and New England. “ We will do as well by you asthe Metropolitan;” and they say to all good men and banks, “ Our books are open for your accounta;” and to all good and legally organized banks they say, “ Our uncurrent money system embraces your circulation—we will take it at such rates, and charge it up at such rates as may be agreed upon—we care not what State you hail from.” This is a bold and and business-like position—a per- fect free trade position; and if the officious, jealous, sectional, selfish clique, who control the Metropolitan, are dissatisfied at the course pursued by the rival which they have forced into the field, there is one, and but one-way left for them to act, and that is to redeem their false promises and take the currency of the whole country at par, regulate the banks, use up the brokers, stop shaving ita customers, and save the community from being shaved by others, The idea | Rio, at @%c. a 9e.; and 50 Maracaibo, ita inability to move another step, else why does it appeal to the Legislature through its petitions? The only way that the currency can be back to the sound and healthy state it was in three years ago, is to stop the banks in this city taking wp the better portion of it and sending it home’ for specie, thus putting it out of use, and opening va- cuum for foreign notes, and to enable the banks in our State, to obtain more currency by depositing cheaper stocks with the bank superintendent; for ao long as currency can be obtained from Illinois, om Georgia and Virginia stock, which are ten per cent premium, and our State banks haye to pay twenty per cent premium for United States and New York stocks, the foreign currency will be sent here, and used when it is here. The Legislature will be very likely to act for the greatest good of the greatest number of the people, instead of the clique who con- trol the Metropolitan Bank, whence emanated the petition for the quarter per cent shave. Give us back our own good State money for the use of the people, or else compel our city banks to furnish = currency for common use. The Metropolitan has never furnished a dollar of currency, alleging as ® reason that they would be presented by the brokers for specie. How, then, can it be expected that our country banks will furnish a currency when the Me- tropolitan’s whole business is to return their notes for 5] 2 Pie stock of the Harlem Railroad Company, though it has been established among the dividend paying stocks for a period as long ago as five years,and with a continuance of prosperity from that time, yet we see the stock depressed considera- bly below its real value, because the stockholders and the public generally have no confidence whatever in the directors, They are, many of them, New Haven Railroad men; and we have often expressed ourselves that no man can serve two masters with equal justio to hoth ; and as long as this interest continues confi- dence will not be restored. In less than two months an election for directors in the Harlem company will take place, when it is hoped the stockholders wil + vote for an entire change in the direction. The pre- sent incumbents have been in office and monopolized the affairs of the company long enough for the stock- holders’ good--and for what purpose? One of their first acts was to make $1,500,000 of preferred stock, at 8 per cent, and give one of their directors $50,000 to get one million of this stock taken up. Again, their own engineer, after a full survey of the new road from Dover to Chatham, estimated that the entire cost of its completion would not exceed $1,500,000, and their reports show it; yet they contracted it out for $2,000,000, exclusive of rights of way—$500,000 more gone. They have built two large depots id Centre street, one for themselves and the other for the New Haven Railroad Company, the lower part of which only is occupied by the two companies, and are four or five stories high, covering one entire block, and allj above the ground floor is let out to numerous tenants for workshops, &c., and for the accommodation of these tenants, at an enormous cost in construction, and totally useless for the busi- ness of the company, and at the expense of the stock- holders. The same thing was done with the pro- perty at Tryon row, and other places. Well might the stockholders ask, why the dividend is not increased. You may ask in vain, until you tum out the present incumbents, and stop these ut- terly useless expenditures, and the buying and selling of real estate and building houses, and letting them out in apartments. Such bu- siness has nothing to do with a railroad, and no good to the stockholders can possibly result from such reckless mismanagement. Nothing short of change of directors will make things go on \pros- perously. The compavy have not issued any report tothe stockholders since Sept. 1851; and there is evidently a disposition on the part of the Company to withold so far as they prudently can from the stockholders, information relating to their own inter- cst and prosperity. We are inclined to the belief here will be a pretty warm contest for the direction the first of May next, and that the present direction will find themselves in a weak position. The receipta for February are not yet completely made up, but we understand they are very large. CITY TRADE REPORP. Sarunpay, Mareh 12—6 P. M. Asums.—60 bble. changed hands'at yesterday's quote- tions. BReapsrvvrs,—Flour seemed more active, and rather firmer. The day’s business amounted to 9,600 bbls.: apertine No. 2 at $4 374; a $4 50; ordinary to choice State at $4 76a $5; mixed to fancy Western at $4 93% a $5 18%; common tog od Ohio and mixed to straight South- crn at $6 0 $5.28; fancy Genesee at 35.00% 0 $5 S154; fanog Ohio at $5 36 a 96 37%; favorite Southern at €& 314 a $5 6234; extra Wostern at 6 43% a $5 98%; extra Genesee at $5 26 a $5 8744; and fancy Southera at $5 76 a $6 75 per bbl. Corn meal, wheat, and barley, were un- changed. There were 6,500 bushels rye taken at about %e. per hushel. State and Western oats were more im demand at 48c. a 50c. per bushel. Corn was in better re- quest and steady. The day’s operations included 34,000 bushels at 60¢. a 66¢. for inferior to prime Southera white and yellow, per Buabel “oa1.—About 120 tons Liverpool cannel were obtained, at $9 per chaldron. a CorvEx was more extensively dealt in, The day’s move- ments embraced 180 bags Java, at 11 a 11Xe 51350 93¢c. a igo, yer Ib. Corrox.—The rales to-day were about 700 bales, and at prices exhibiting an easy market. Fraacnzs.—To Liverpool, flour was at 2s. 9d., grain at 74d., cotton at 34d, and 20 tons old scrap fron were taken at 27%. 6d. ‘To London 100 tona lard were taken at 278. fd. ‘To Glasgow, flour was last taken at 3a. A vorsel waa taken up for Cienfuegos at 40 per 100 Ibs. There was nothing new in rates for California oF ustral Fuvit.—Sales were made of 260 boxes bunch raisins, a¢ $2 75 a $2 80; 400 cluster do. at $1 $1 8: and 25 cases sardines at 70c. Hay was retailing at $1.8 $1 1214 per 100 Ibs. ypllovs Some 20 Gales changed lauds at 2le. a 236, per Lrap —A parcel of 25 tons Spanish was taken at $6 5@ per 100 Iby Linx. —Holders of Rockland claimed $1 for common and $1.45 for lump, per bbl. Mo1assys.—The sales were confined to 60 hhds. musso- vaio, at 2c. and 50 common Porto Rico, at 2lc. per gallon. Naval Stones.—Turpentine was inaet made of 1,200 bbls. common rosin, at $1 tar at $2 25 per bbl. Os.—The day’s transactions did not reach over 3,000 gallons linseed, at 73c.; 1,200 olive, at $1 25 por gallon, and 200 baskets do. at $4'25 cash. Provisions,—Pork continued ina: 250 bbls. new bought at $16 a $15 26 for prime, and 81 a $16 25 tor mess, per bbl. Sales have been made of 50 tierces Warren Stagg's extra cured hams at 1dc., and 100 tierees MeBride’s plain do. at 107,c. per Ib. About 428 bbls. lard were proeured at 9c. a 9Ke. b, vored buyers. The sales included 300 b $5 873¢ for eountry prime; $6 50 a 86 A $9 60 $11 for country mess, and $12 75 a $13 for city io. 1,100 bble good beef hams have been sold at $15 per 22 Be Rea Fetate.——Sales at Auction :—By Anthony J. Bleeck- er.—Houses and lots Nos. 283 and 285 West Seventeenth street, 26x08.9 $6.800 ; house and lot 172 East Twenty- fourth street, 25298.9,'$4,400 ; lease of house and lot Spring street, 50 feet from Varick street, 25x100, $2,300 ; frame house 100 Mercer street, 71 feet from Prince street, 26x98.9, $6,700 ; dwelling house and 2 lots om St. Johns street, Astoria, $720. Brooklyn property.—By James Cole.—frame house and lot on Flushing avenue, 28 feet from Clason avenue, lot 25x103, house 25x42, with a house ‘on the rear, 18x26, $3,000 ; frame house and lot on Fluah- ing avenue, between Kent and Graham avenues, 100 fet from former, lot 25x80.9, house 20 a 26x22 a 20, $1,800 ; six frame houses aud lots on Hopkins street and Wilson place ; houses on Hopkins street, 17.4x26, on Wilsom place, 18226; lote on Hopkins street, 17.4x80, on Wilson ce, 18x52, including the space called Wilson place, 50, $4, lai hy : Rick. —250 tiercas were bought at $4.0 $4 25. Soar. that 140 boxes castile found buyers at Oe. per Ib. SvGans.—Salos have been made of 150 hhds. new Cuba, at 4% a 53¢; 80 hhds. Porto Rico, at 6 a 6%; and 25 Now Orleans, at 536 per Ib. Taow —There were 8,000 Ibs, purchased fat 914 a 0%¢ x Ib. PFonacco.—A lot of 31 hhds. Kentucky," was sold at 73. . There were onl, for city rib. Mvmmxsy.—There have been $20 bbls. Prison obtained at 22% @ 23¢. per gallon—an abatement. RECEIPTS OF PRODUCE. By New York anv HARteM Ratwoan—Receipts for the Week—Milk, 7,005 cana; cattle, 158 head; cows, 21 do; calves, 284 do; ‘sheep, 440 do: horses, 9 do; hogs dressed, 8,797 Tbs. mutton and beef,.7,289 do; Mey, 17 2 8; ees, 95 do; butter, 174 do; sundries, OLS 9) bushels; other grain, 833 do; feed, 54 do; potatoes, 4,941 do; buckwhest flour, 55 bage; hate, 15, ones, cider, 48 barrels; time, 80 do; hay, 860 bales; iron, 62 tome; lumber, 16 tons; marble, 140; ice, 120 do; paper, 10,018 reams; wagons, 21; flour, 234 barrels. By New Haven AD—206 packages choose; 12 do. butter, and 22 bales leather. By Enix Ranroap—Nothing received to-day; boat sup. posed to be detained by the