The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-05-16

lsting forty or fifty miles of bias no tendency to
sncN nat there are not mines within fifteen or
MAJ Our oiisr i to prove that III. nina. of
INCA are forty or fifty miles from Laguin-
Has, are the same which witnesses Abbot and sIo
eua sfl,sa aad aid were only diteen twenty
contradict the witnesses of the defendant and to
ehoE that instead Of the miues they Waited be;nc
~ dAenniilas, they are in Queretaro. the court
The CouRr You may contradict by, showing
that there are no mines where the witnesses cay
MI. MAY. Twill repeat tina, we offer to ahow BY
witnesses who took careful observations, BY the
ga me village and by the same physical objects-
The Cognr. These mines are sworn to be within
certain distance Of LaguinilIas by the witnesses
Tor the defence. and you must confne yourself
Mr.. MAY. ITO the witness Did you find an
mines twelve miles south ofLaguinillas?
Ans. No, sir.
CUES. Are there any mines there' aa
Ques. Did you explore the whole country
Ans could explain the geography of the coun-
impossible for any prominent object to have been
there without my seeing il. ! will take, for in
stance. the course of the commission -
The CouRr. (To the witness.) You cannot go
over the ground occupied by the former examina.
ton. You must confne yourself to the, defence.
You say that you did not find any mines within
twelve miles south OF Laguinillae?
Ans. There none-I am postive of It..
Mr.. MAY. Are there any within fifteen mil ca
south Of Laguinilas?
Ans No; there is none within fifteen nor twenty
miles south Of Laguinillas.
Ques. Did understand you to say that the river
ia distant eight leagues from Laguiniilasi
Ans. II runs about eighteen twenty miles at
distance. In due south course from the village of
Laguintllas, certainly not less than eighteen miles.
Ques. Did you not explore the whole country
south of Laguinillas!
Ans. did.
Cues. To what distance?
Axs, explored it to the river, and little way
beyond it to the south. have been beyond the
river to the south twenty or twenty Eve miles.
Cues Did you go under instructions to visit
Ans. had instructions to visit the mines of
Japan and Xichu.
Mr.. CARLlsLE. Isubmit that the witness cannot
tell Va what his instructions were
The CoukT. 1t is Of no consequence what his
instructions were.
The DISTRICT ATTORNEY. understood the court
to say that could ask the witness any questions
in regard to physical objects.
The CoUaT. The court expressly said that you
could not prove there were mines forty fifty
miles of, but that you could prove there were
within the distance within which the witnesses of
the defendant testified there minea. That ID
the only rebutting testimony which can be offered
on this point.
The DIsrRicT ATTORNEY. understood the court
to say that we could give evidence with reference
to any physical objects testified to by the witnesses
of the defendant
The CoURT. You may examine with reference
to mountains and rivers, to be sure. You have
already done that. But it is sequitur that,
because there are mines forty fifty miles off,
there none in the district of Lagunllas. The
court can hear no-more argument the subject.
1t has decided the question over and over again.
i Cross examination.
Mr. BRADLEY. ! understand you to say that
you struck the first running sream after leaving
the boundary OF Laguiniias, below Arroyo Seco?
1ns. Yes. sir; BY the route took.
CUES. Did you at any tune "a ke any other route?
Ans. have gone south through that country by
another route. ros
| & Cues Did you not use the following language
on your former examination - met with one
running stream, but have no recollection of its
being damned. On that stream saw a sugar
mill worked by mule o. horse power"
Ans. That, sir, was the Carrasal river.
CUES. hen asked you the following question:
9Th IN, within the range of these th leagues or
take Eve leagues if you choose, outside of what is
here marked as the boundary of Laguinilas, there
is no running stream on which there haciendas
and dams for working machinery" Ia there
running stream within FIVE leagues south Of La
guinias?
Ans. Yes, sir; the river Carrasal.
Cues. ON1hat portion of the stream which you
saw there was no dam, but there hacienda
1 and little sugar mill?
oa4ns. Yes, sir; sugar mill, worked by horse
1 mule power.
!, Cues. I then asked you whether the etream did
not run east and west, and you answered that it
did?
-Ans. know it went southeast and northwest
CUES Did not ask you how that sugar mill
was worked and did you not reply, "By mule
power?''
Ans. Yes, sir. 40
Cues. Did you say that you crossed the stream
little south of Arroyo Seco?
| -dps Yes. sir.
. Ques Did not ask you the question, "Did you
follow the stream DOWN" and did you not answer
| ono; followed it up towards the west | did not
follow it down towards the east!''
ms do net think could have said 30.
CUES Did you not say, in reply to the question
whether you followed it up or down, that you fol-
lowed itup?
Ans. You asked me whether saw any stream.
supposed you alluded to that stream. told you
hat saw no junction. ,.l,-E
Ques.-I confined you to the stream which you
called the Carrasal, on which there was sugar
mill; and did you not answer that you followed
it up towards the west, and not down towards the
An,. ! do not think could have m ade an an
swer of that kind. $780,.
Ques Did not put the allowing question to you
SIN passing to the east from Arroyo Seco out of
Laguinillas, do you recollect whether you struck
that stream9'' and did you not answer, al did not;
did not go far enough SOUTH"
Ans. i told you thatI left that stream, and struck
it again near the corner.
Ques. Did you tell us that you did not go up,
but went down that stream to the east; that you
left it and went across and struck 1t again, and
both times south of Laguinillas?
Ans. Yes, sir; the last time struck the stream
IL was southeast from LaguiniiIas.
Cues. Did you not say, when aeked sswhether,
in passing to the east from Arroyo Seco out of La
guinias, you struck that stream that ..you did
not go far enough south?'' This morning an-
derstand you to say differently.
Ans. 1t appears to me, Mr.. Bradley, that you
may beas liable to error as myself. attempted
to correct my testimony, but the judge said that
the printed report had nothing to do with the
ea9e. 7gf TO-
y Qlts. Did not put the following question to you
on your previous examination: GLOW far is that
stream south of what you have marked out as the
boundaries Of Laguinillas?" and did you not
swer, II should put it down at about eight
ieagnes?''
dns. Certainly not.
Quss. Lid not ask you whether in all your e.
ptofations you found any mines; and dId you ho'
answer that you saw the mines OF Aichu'
Aas. Yes, sir.
Cues. How far is that place off:
4ps. Xichu IL about eighteen or twenty leagues
CUES. How far a Xchu from San Juan ds Ia ras'
1ns. 4 suppose a bout twelve or nfteen ieagoes'
| cannot tell the distance exactly. we rooe IA
,pidly. ags -.,:...., ,o,, vent down that
streara about two leagues?
- 1ns 4 will not be exact. ! also went up the
.traam. but not very great distance. came
hers for the purpose Of correcting my testimony;
con Il told me that the report had nothing to