The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-05-12
The Gardiner Trial.
CRIMINAL COURT FOR THE DISTRICT OF CoLUM.
BIA.
Reported for the Unionl

CRIMINAL COURT FOR THE DISTRICT OF COLuM'
BlA
Reported for the Unon.l
FORTY FIFTH DAY--THuRsDAY, MAY 5, 1883.
I'm coNTRUArIoEl
Mr.. BRADLEY continued, as follows
Before proceed 10 the next branch OF the case stop
TO notice one OF the grounds which they rely 1or
proof OF his completely He received, they say $4,000
part of this award But they forgot to state that ihs
was given 10 him TO pay certain creditors OF George
The defendant who represented by the present ac
complished ally of the United States, Don Manuel We.
asegu when he had the reputation OF being an honest
man.
assume then, that upon the grounds now taken by
the United States this evidence is net now admissible as
evidence in the cause.
H. But we deny that Charles Gardiner was in any
manner interested in this case, partner or agent
Much stress has been laid the fact OF his having
been in Mexico in the spring OF 1851 Mr. b. then pro-
ceeded 70 stale that me object OF maj ys was 70 de
the lin mines in that Statea fact well known to
the United Staes and enterprise Which Verastegui
was TO have been concerned
He then proceeded TO examine the letters themselves.
FIRST he assumed, that unless the agency conederacy
could be proved cunde, that the government could not
resort to the letters TO supply their proof and maintain
ed that the conspiracy or agency and its scope must be
proved by other before the contents OF the letters
could be admitted He relied on the cited by the
government to show that there is a distinction between
the legal suciency OF proof and the weight OF The eyi-
dence he stated the progressive order to be-1s, the
admissbiliy OF the evidence 2d, lis legal sufclency, and
these questions for the court aud Sd, its weight
credit and this was exclusively for the jury and he re-
ferred particularly TO the case OF Cole Hebb cited by
Mr. May; and Parks Us Ross in the Supreme Court.
He further argued that all testimony in writing goes 10
the jury only by the consent OF the court The court
must Judge Of its admissibility AMI when called
on OF its legal sufciency and must be satisfied by
proof that it legally admissible at the time is offered
before II can be read. And he proceeded, by illustrations
and analoges, to show that these letters could not be
evidence TO the ury that very much OF the argument
the other side appropriate only in the letters
were admitted BY the courts yet il was proper 10 take
notice OF the contents OF the letters in reply, since
they had all been read to the court
The counsel for the Uaed States had laid great stress
on some particular passages in these letters which de-
served some notice AS the letter in which reference
was made 10 Guaialcazar and Lagunas, the govern
ment knew perfectly well that the mines of Dr. Mears
said to be in Guadalcazar. and that letter referred
well 10 the oil Mears TO that OF Dr.. Gardiner
and when the letter spoke OF both places referred SIM
ply the original deed in Lagunas and the abstract
OF title in Rio Verde But he said neither the memorial.
the proof any documents in the case, referred to
announcement at Rio Verde The only paper filed by
Dr. Gardiner brief abstract OF title obtained from
the prefecture. That the commissioners who had been
examined testified distinctly that they did not understand
that paper TO be the title, but memorandum alb
stract showing that there was title somewhere twas
therefore absurd so 10 consrue this letter, they sup
posed the author 10 know what he about; and they
gave him credit for great ability.
That the letters beginning with the l7th September,
show honest claim and complain OF an Infamous ac-
cusaon against il that Verastegul knew all the acts,
and after having onesy assisted in the first instance,
became alarmed lest his government was to lose the
ney and acted upon by his fears, was drifting round 10
those who had assaIled IT, That there two three
papers which were wholly in' onsisten with all the
others, and could not have been written by Charles Gar
diner unless he had deliberately 10 falsehood
but all the rest, they were such any man in the
honest pursuit OF truth might have written. As TO those
letters evidence would hereafter be given
and If the facts resulted be had been gwen to under
stand they would be proved, this would be exhibited az
one OF the darkest mysteries and backes spots in this
most mysterious case That Charles Gardiner well
kaown TO and highly respected ci,izens, and
had lived among Tor four year,, and was known 10
many officers OF The army loRg before without reproach,
and the charge N which he was thus involved was IN
credible.
H. He further conlended that the evidence was not
admissible TO contradict the witness.
He argued that the rule in regard TO oraproof ap-
piled with equal force 10 cases OF handwriting and
cited Green p 4o2 10 show that ne could be cfossex,
amned the contents OF paper only where he had
admtted IL" He referred 10 the Queens case, and The
text books Of Mr.. Phillips and Mr. Starkie, support Of
the rule. In the one case, his memory is refreshed by
having Time, place, and Circumstance called TO his
olecuon. In The other, his memory is 10 be reireshed
by his handwriting, OF which he is supposed 10 have
image in his mind and by the contents OF the writing
He argued that voice. writing and signs, are all but the
means OF communicating ideas and the rule which ap
Piled TO the voice governed equally the signs oil The mute
and the pictures OF the writer There was no difference,
and 10 adopt different rule would ba but evasion oil
the well established precedenls.
Applying this rule, he said the witness had neither
admitted denied the writing; had said 1t looked much
like his but on looking at the contents, he could not
recoect ever having written the papers. And well he
might, II he knew any one IN that country IN any way
connected with The production of these papets-Mt A
j. Halsey for instance, who had been stated 10 have
produced the Morea letters, and IN this correspond
enee; who had been the writing master OF The witness
and who, in September 1851, had given 10 the witness
deposition wholly at with has present alleged con-
duct, and in support OF the defendants claim, deposit
lion made before Mr. Black, the consul OF the United
States in Mexico, which deposition now 10 court,
but BY the rules OF law IL not OF common sense, the de-
fendant could not use, II certain Vincent Verastegu
clerk and nephew Of Manuel, had had anything 10 do
with and whose original letters the witness had IN his
possession, so closely resembling his writing as
easily to be mistaken Tor Il.
Besides there is no evidence so slight and nconcu-
sye as opinions TO apdwung, OF which Mr. Beel, in
his treaties presumpons, says they are al best in civil
cases worth but itle 10 criminal nothing and are
but afniincua OF testimony. The witness the
sci had pile oi papers before him he knew, by the
ample of the Morea letters how easy II to prepare
writing and he received them from the hands OF lhe
counsel with an eye sharpened by suspicion and mind
prepared to doubt their genuneness Now, Colonel
Thomas had declared he believes them TO be genuine
and that is evidence 10 90 10 the jury, with such other
may be offered and the Jury TO decide that question
they shall go there. But the question here Is
to their admissbIlity to contradict the witness.
Again, il rests on opinion not knowledge; when
man hears another say thing he knows what he has
heard and he is ready positively TO the fact
When he sees another's writing he has opinion ad
,n,n iui1m of proof only lie s prepared 10 swear
positively as TO his knowledge Here, then he urged
stronger reason against the admssbiy OF sncb proof
Mr. Bradley then resated his propositions
1. The evidence ~ not rebutIng VI the witness was
confederate or agent
q The contederacy or agency must be hrs proved att
,nse and the proof be eked out by the letters
They are not admissible TO contradict the witness.
4 Certain of them are purely collateral.
He did not deny that the dates OF the letters OF the oh
II u#ora pDt m mfs.lh