The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-03-25
No 242.
TIL E r EP IT B Lie.

i
THE GARDINER CASE.
CRIMINAL COURT FOR THE DISTRICT OF
/ COLUMBIA.
i GREpoRTED FOR THE REpuBLIc.l
The United States us. Georgia.. Gardiner, (indict
ed Tor false swearing, in order to procure al
award from the late Mexican Board of Commits
/ sloners.) Messrs. Philip r. Fendail, United
4 States District Attorney, and Henry May for the
United States; and Messrs. Joseph II. Bradley
4 James M. Carlisle, and B. F. Perry, of South
| Carolina, for the defendant.
/ ELEVENTH Day Wednesday, March 20.
/ Il I'm CONTINUATION.
| By Mr.. MAY. asked you if you examined the
records in the prefect's ofice what answer do you
4 give? s4ae ~
| Ans. found no announcement, or any papers
| relating to mines. Ag ae7 aioE -
CUES. Was be present? E4 SD 1855
-Ans He was present; he and his secretary
| By Mr.. FREDALL. Who was his secretary?
| -Ans Juan p. Gutierrez, think was his name
| Cues. Did he assist you IN making this SEARCH
| Ans. The project himself assisted me.
Ques Had you free access, so far as you knew.
| to all the papers in his Officer
| Ans. So far as knew, had free access 10 all
| the papers in his office
Quts. You say that you could not find no paper
| of any description relating to the mines
| -Ans. No; none of any description.
| Quss. Or record o! papersS
Ina None.
Cues. Or register
| Ans found no paper of any kind relating TO 3
mine.
Quss. Did you or not while as Rio Verde make
| inquiry for a person by the name Of Jorge Espi-
| nosa
Aas. I did.
Qsxs Did you find him.
Ans. could not fod any rerson Of that name
or get any information about him.
Qaes Did you make inquiry for person named
John g. Simpsonf
Ans did; aud could get no information about
him.
Ques Did you make inquiry for a person named
Andres ArreIIando,
Ans. did, and couldn't find him.
Cues When you were Mr.. Bartlett's com
mission?
Ans Yea .Es
Mr.. MAY here exhibited TO the witness map
OF part OF the route pursued by the Senate CON-
| mission in MEXICO through San Luis Potosi.
Cues Captain, just look at that map, if you
please; and look at the location of the several
places on it, if you have not already done So
Ans. have done SO out of court
Ques. Where did you see it? Y So
Ans. In this court house-in the building I
saw Captain Doubleday makea greater part of it,
He finished it in this city,
Ques Did you see him make that part of it re
lating to La guinllas?
Ans. Yes, sir. - ga .sa
Ques Did you sit down by him and tell him
how to make il?
Ans. No; think he made the greater part of it
himself. 81 49,
Cues. Were you out on the northern boundary
with Captain Doubleday himself?
Ans. Yes. Captain Doubleday stood by the stone
himself, and saw the monument. / entered La
guinillas, suppose, before Captain Doubleday. or
Mr. May, or any of the commissioners. ~
Cues. Did he make any observations? -
Ans, Yes, sir.
Cues. Did he have any instruments?
Ans. Yes, ENCOMPASSES saw him take notes,
nd ma Ooapr alto yorHc
Mr.. FENpALI Use the map as a diagram
Mr.. BRADLEY. We havea right before you use
it to know from your own observations whether it
Ans. Judge it is right from my observations of
the country.
Mr.. May, To save the time Of the court, ask
ed the witness to examine the map out of the court
room, particularly in regard to the locations of
places and objects; and to say, whether from his
recollection of the country, it is correct He says
he has done SO, and the map is correct.
The CouRT do not see any objection to that;
it may be used undoubtedly as a map. The only
question is, does this map correctly represent the
relative position of those places? The witness
| from his knowledge of the country, says it does
think it perfectly reliable
| Mr.. MAY. we intend to prove the accuracy of
| this map by persons who have competent know
ledge OF the subject, and can substantate it from
personal observations and explorations of the
country <A So
Mr.. BRADLEY, I only ask whether the United
| States are to offer it when they have proved its
accuracy by witnesses.
| Mr.. May. Weshan undoubtedly offer it to the
The couRr, The map per Sc does not establish
any thing except as the witnesses testify to it. 1t
is perfectly allowable to question witnesses about
IL, IN order 70 establish It's accuracy, 1t is done
every day.
Mr.. May then questioned witness in regard to
he positions ofplaces and objects on the map.
fitness pointed out the cities of San Luis Potosi
onl 10 40 fhnh oNf 4o1 1F -
La Angosturo, the cuidad Fernandez, the town of
Nuevos Camotes, the county of LaguinilIas and
the included or neighboring villages of Lagui-
nillas, Penijuan, Buena Vista, AIvercas, Arroyo
boundary stones Of the county of Lag uinillas and
the principal route of the United States commits
sioners, his own routes, &C.; all of which places,
boundaries, routes, &c. witness recognised az cor
rectly laid down upon this map ]
Cues. Do you recollect whether or not Captain
Doubleday made observations all along these
routes?
Ans. He did aa ias5ba-g5 s4s5t 20 1aL .sri-
CUES. Did yous him making notes of his OBJ
servations? - gee
Ans. did.
CUES. Did you see him making observations of
distances?
Ans. ] did.
/ Cues. Do you know whether he was provided
with prismatic compass?
Ans. He was; it came from the Coast Survey.
Cues. Did he use that?
/ Ans. He did, and also another smaller one.
CUES. Did he observe time?
Ans. He did, with good watch.
/. By Mr.. BRADLEY. How large was the small
compasss
Ans. II was a pocket compass; between three
and half and four inches wide, should judge. ~
Cues. Had be any other instruments besides the
compass and timepiece? F.
t. Ans. He had staff for the compasses and long
sef-winding tape-line, which answered for a
chain He had no other instruments
Mr. BRApLEy, after examining the map, said he
had no objection to its going to the jury as evil
dence: and it was then passed to the jury. ~
The paper relating to the mining title was then
shown to the witness. se55t 1901 -
Mr.. MAY. Had you copy of that paper with
you when you went to the projects office at Rio
Verde? - i54,.,.t{s 8. ~ $50 q
Ans. had s. ~,
!. Qus,. Did you find any such paper as that
there? Il
4 Anse No. 81 -
Cues. The project assisted you in the search, |
understand? -; 80
i Ans. He did; he pointed out where all the pa
pers in his Office were.
QHes. understa nd you to say, as the result of
all your explorations and your examinations in the
Offices of the project Of Rio Verde and the alcalde
Of Laguinlias and of the whole country, that you
could lind no mine in the county Of Laguinillas
nor any paper relating TO mine?
s Ans. i could find no mine of any kind in the
county OF Iaguinillas: nor could I find in tho |