The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-27

the iuourv on the part OF the defence u TO oe con
6nad IN the amounts paid for the attsadance OF
vitn.sses At this trial. whether il il y extend
10 former terms of tho court-to the attendance of
witnesses in the cheDcery court and else where'
Mr. BRADLEY. All we ask 10 that We shall have
statement of the amount paid to each man for
mis- attendance in suits against George A. Gardi
ner in the city Of Warrington.
The DIsrnIcr ATroRNIY That 10 not tne ruine
of the court The ruling il that you may sscer-
tain the amounts paid to witnesses o'o0e"' oe'o'e
this jury.
take in the chancery suit The court does not Of
hcially know that there "a cnancery court. This
SCENE to me o be dispute about nothing. / do
not think that the accounting ofhcer can tell what
has been received on this account and what on that
believe know something about the matter The
inquiry must be confined to the amount paid wit.
nesses in this suit.
MIR. BaApLrr stated that he had given list of
the names OF the witnesses for the prosecution in
this case to Mr.. Whittlesey, as had been desired
by the court
Captoin James C. Marriott, sscoym
Mr.: BRADLEY. Do you know Dr. George A.
Gardiner?
Ans. l do sir
cues. How long have you known him?
dns, Setween three and four years, but am not
positive to the time.
eass. Where do you reside?
Ans. In the city OF Baltimore
Qaes What Is your profession
has. cannot say that have a profession
have read law, but have never practiced it.
CUES. Have you had opportunities of ACQUIRING
knowledge Of Or Gardeners handwriting
Ans. | have corresponded with him
Quss Have you seen him write.
Ans. / have.
CUES Could you recognise his handwriting,
Ans. think could
CUES. (Handing witness two letters) Ia that he
handwriting of DR.. Gardiner
Ans have seen those papers before. | recog-
mise this a, the handwriting of Dr.. Gardiner
CUES. (Handing witness the MoreHa papers
Do you recognize that as his handwritings
Ans. / have examined these papers but I do not
recognise this as the hand writing of Dr. Gardner
Qses Can you recognis the signatures?
Ans. cannot l see that some Of the letters are
like the handwriting of DR.. Gardiner but would
not take the whole to be his handwriting
Cross examination.
Mr.. MAY. Were you acquainted with Dr. Gar
diners signature in lS44?
Ans. did not know him then. | did not be-
come acquainted with him till lS49
tsuss. You perceive that the signature is in
Spanish, have you seen his handwriting in that
language
Ans. / think have seen more of his writing in
Spanish than in English, but am not thoroug hy
acquainted with the Spanish language.
The Court. / do not think that there is any
difference in the writing of the modern languages
az they nearly all use the Roman characters.
Mr.. MAY. beg to differ with the court
Mr.. CAsLIsLs There 10 hardly any difference
with the exception of the German.
Mr.. MAY. Have you been in the city of Mexicoo
AHr was in he city of Mexico in a military
capacity, but had very little communica ton with
the inhabitants. / went up to Toluca after my ar
rival IN Mexico.
CUES. Isit common in Mexico to make hourishes
under sig natures?
Ans think il is common.
QHss. Do you undertake to say from your know
ledge OF his writing that these pa pers not
signed by George A. Gardiner
Ans could not undertake to say any thing of
the kind. do not recognise it as his hand riting
with which am acquainted. | would not suppose
that il is his handwriting.
Mr.. BRApLEV. (Handing the witness pa
pers } Do you recognise those letters which are
dated 1912 as being in his hand writing3
-Ans think that have i've or SIX of MS letters,
and all these bear very strong resemblance to
them. Those received from him written
with a steel pen; these are evidently written with
quill pen.
Captain Marriott had written the name of Dr.
Gardiner in the manner in which be believed DR..
Gardiner wrote bis signature.
The DISTRICT ATTORNEY objected 10 it.
The CouRr The witness has the image of the
signature in his mind. He has already stated that
and this Is nothing more / do not know any
thing about DR.. Gardeners handwriting l have
seen II bali dozen times in the course of the ta
but do not know whether his name, 3 written on
this slip, is like il as he writes it himself
Mr. MAY offered to present to the jury piece Of
thin tissue paper which had been exactly traced
the forged signatures OF Reyes and Guzman to the
mining title, so that it might be laid each of
the successive signatures to show that there was
not a hairs breadth of d ference between them,
and that they were all taken from the orgi
mails
Mr.. BaADLkv objected.
Mr.. MAY stated that the learned counsel had in
structed the court and jury in that mode of exam
lining signatures. The jury, be thought, bad a
right TO ell the means which would enable then to
determine as to the genuineness not of the sig
natures. w hen paper was offered on a previous
occasion the court said that it the duty of the
gentlemen of the jury to inspect it, He only asked
an inspection Of the signatures. 1t was known
that his honor desired to afford every facility to
the Jury In reaching right conclusion.
Mr.. BRADLEY said that it irregular
Mr. MAY did not suppose objection would have
been made.
Mr.. RsADLsr said that the objection was that
the evidence was inadmissble under any crcum-
stances.
The CoUsr We will not discuss that now. 1t
appears TO be admitted all sides that it is ire
gular at this time. 1 do not think that il is q
matter In controversy 1t is not the subject of ar
gument.
Mr. May desired that the court would not give
his opinion the subject, as be intended to use it
argument. The Jury had rig bit to ask for
this means to aid their inspection, and he would
see that they got il,
The court then adjourned.
THlRTY-SEVENTH Saturday, April %.
Samuel McKans scorn,
Mr.. BRADLEY. IL Las been stated that you are
the general discussing agent oil the Treasury De-
partment; and il has also been stated. by MIR.
Whittlesey, that you the disbursing agent of
the money paid to witnesses brought from Mexico.
Ans | was directed By the head of the Depart
ment, under the authority of the President of tn e
United States, to dIsburse a portion of the appro
priato-. made to enable the President to in
10 a treaty with Mexico.
Cues i understand you were appointed special
agent to dsburse the money for the conducting Of
these suits against DR.. Gardiner?
Ans. | do not know what il was for. | was di-
rected to pay much money, and to take
ceipt for il.
Qgss. Did you pay any money to the witnesses
Ans Not that am aware Of paid money to
one or two osbers | do not know whether they
bad any thing 10 do with this cause or not
Qts,s. To whom did you pay the money?
The DIsTsIcr ATTORNEY, You cannot put tina
question to the witness.
The CoURT. They trace it up.
Mr. BRADLEY. | have asked the witness whether
he has paid money TO any of the witnesses, and be