The Smuggler's Shield: How a Seattle Customs Chief Defended Himself in Tacoma

The Gardner Smuggling Trial Concluded.

The Gardner trial at Tacoma has come to a close yesterday and held it through the day. Deputy Collector Mulkey, of Tacoma, was the last witness. He testified as to what is already known as to his going to McNeil's Island at the request of Boswell on the passage of the four trunks.

United States Marshal Hamilton is next called and transfers to issue a warrant for the arrest of Chester L. Terry and his inability to find him.

Front more was recalled and testified to having weighed the two trunks exhibited yesterday and that their combined weight without the contents was 93 pounds.

Mr. Biby, who was at the time referred to, clerk in the Hall Deposit Company of Seattle, brought with him the stubbook showing the entry of the two trunks. The date was not fixed of the time, however, and as this was the intent of the evidence, it was objected to by counsel.

Inspectors Boyd was recalled by Col. Haines for additional examination, and detailed his walks and talks with Price in Seattle.

THE PROSECUTION RESTS

The prosecution here rested with the statement that Special Agent Beecher had started Friday evening on a boat for Port Townsend to bring the record of the hearing held before him in the matter, and asked that he be given until noon to produce it.

Col. Haines stated that they, too, wanted the record, but they also wished to hurry along this case, and to avoid delay he would waive his objections to Beecher's testimony, made yesterday, and allow it to go in.

District Attorney White said they would prefer to have the record, and moved that the case be adjourned until noon, by which time he thought Beecher would have returned.

The court said that he would do this, but that he would not allow the record or any other evidence on the part of the prosecution to be put in after the defense had opened.

Col. Haines stated that he wanted to close to-day if possible. He was willing to waive his objections to Beecher's testimony, as stated, but that if the court took this long recess and the record was still not produced, he would maintain his objections to allowing even the testimony coming in. The court sustained him in this and White thereupon said he would accept the first proposition and allow the case to go on.

COL. HAINES NOTIONS.

Mr. Haines then moved that all the evidence relating to statements by Terry, made in the presence of Gardner, be struck out, declaring the prosecution had submitted no evidence showing a conspiracy between them. He was about to argue the point when the court interrupted, saying that the court had anticipated this motion and also another, and that it had thought it all over, and could not be shaken in the opinion reached by any argument: that while the chain of evidence was faulty, still there was enough to cause him to allow the Jury to pass upon it.

THE DEFENSE

Thereupon opened. Colonel Haines described the nature of the indictment and touched upon technical points required to be scored under it but which had not been done. He then detailed the line of the defense. So far as Chester L. Terry was concerned, that Mr. Gardner never was in league with him in any unlawful scheme. He had been an inspector of customs was trusted and to be faithful. Mr. Gardner was chief of the inspectors, was trusted at all times. They knew that opium smuggling was being carried on very largely by means of sleuths and railroads. With regard to the four mysterious trunks which figured so largely in this case, Gardner knew nothing until their arrival at under charge of Mr. Terry as a seizure.

Much stress had been laid on the circumstances of his detention from Tacoma at the date these said to have arrived here. Mr. Gardner knew that Dep. Mulkey was here looking after the interests of the government, and even though Price telegraphed to him that he was here alone, it did not necessarily mean that Mulkey was here, as the latter was not subject to Mr. Gardner's orders.

He had well known inquisitors to look after himself. And knew that Price was perfectly familiar with his methods and his accounts, and for that reason summoned him to take the case. And when Price arrived and talked the matter over, told why he should be in Tacoma, and subsequently received a telegram advising him to come on the Steam Ward. Gardner offered no objection but told him to go.

Now that some days prior to this, a young man had been introduced to Mr. Gardner as being worthy of his trust by reason of standing well known at sea; that this man told him that he knew the operations of certain persons on a certain sloop, that expected to arrive daily, having on board a great quantity of smuggled opium; that Gardner having reason to believe the truth of the statements put his whole force at the place out on the watch for the sloop and kept the watch night and day.

At this time, however, a resident of Victoria, known to be on some covert business, arrived and needed watch. Mr. Gardner had this other matter on hand, which he deemed of the utmost importance. What more natural than that Mr. Gardner should send for Mr. Price?

From the conclusion of his opening, which touched further upon the movements of Boyd in his search for coffee and of Price's return to Tacoma, Col. Haines called the defendant to the stand.

ON THE STAND.

Gardner was sworn and testified that he had lived on the Sound, chiefly at Seattle, since fall of '81, and of his holding office as chief Inspector in the customs service; that Chester L. Terry was appointed after he saw that Marshal Jones had been one of his force (in his business) had discharged him for refusing to carry out his orders and because he (Jones) had made a political war upon him. He (Jones) being a Democrat while the witness was not; that he had been red-handed through the influence of a number of well known Democrats, among them Chief Justice Jones, Mr. Menday, Marshal Hamilton, J. D. Donald and others.

It was suggested to be an order in which was intended directing how to examine all freight and baggage that came aboard the boat where he was acting, at every except where he was half convinced that the same did obtain any contraband goods, and to do this so thoroughly that the practiced smuggling would be broken up. Jones, he said, revolted at the stringent condition of this order. This with the Baikal case by Jones respected in the latter's dismissal.