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

In this case, unexpected delays and dificultie
having occurred in the procuring of the attendance
of witnesses to support the prosecution, for the pur
pose of attaining speedy and ef1ectual justice it'd
agreed:
That commissioner or special agent shall b.
appointed by the President of the United States
which said commissioner special agent shall b.
| such person as shall be approved by the defendan
or his counsel; and who, when 80 appointed ano
approved, shall have the duties and powers in tn,
premises which are hereinafter specified That il
to say:
He shall proceed, in company with the defend
ant, or such other person acquainted with tn,
localities as may be designated by the defendant
| to the place where the defendants mines wer
located, or alleged to be; and shall there personally
| investigate and ascertain whether such mine
and whether he was expelled therefrom, as allege,
by him; and such agent shall be instructed that,
| upon such examination it shall manifestly appea
that in fact the defendant had such mines and wa
expelled therefrom alleged, he shall certify il
duplicate; of which certificates shall be by hin
delivered to the defendant and the other to the
President of the United States. And in such case
no testimony shall be taken, but the prosecution
shall be dismissed and the funds detained shall be
released by order of the President.
But if, upon such investigation, it shall not ma
ifestly appear that the defendant had in fact such
mines, and was expelled therefrom as alleged
then the commissioner aforesaid shall proceed to
take the testimony of Witnesses in the presence OF
the defendant Or his agent, or upon reasonable no.
tce to the defendant; who shall have opportunity
to crossexamine all such witnesses, and to adduce
witnesses on his behalf at reasonable times and
places, with like opportunity of examination
on the part of the United States; and all such
testimony shall be taken before some judicial
officer competent to administer oaths, and &C.
cording to the law OF the place; and together with
such records and documentary evidence, certified
according to the law of the place, either party
may think proper to procure, and all the records
and files Of the late Board of Commissioners in
relation to the claim of the said Gardiner, shall be
admitted and received as evidence, on the trial of
this prosecution, in like manner and to the same
effect as If the same facts testified riua v0ce
by the witnesses themselves before the jury.
This agreement is not to affect the rights of
either party to adduce other testimony which
may be competent on the trial. nor to affect any
other legal right whatsoever of either party except
such as is hereinbefore expressly waived.
Mr.. Richard Wallach, Marshal Of the District,
Mr.. cA.rlsIr. viii l'0y YOU be good enough to
state, either from memory or by referring to your
books, what amounts of money have been paid by
you, or from your office, to Mr.. Aguilar and
other witnesses brought here from Mexico?
-Ahs do not think that Mr.. AguiIar ever got a
cent from me.
Que,. He says that he had received six or seven
hundred dollars?
-Ans do not think that Mr.. Aguilar ever got q
cent from my office
The CoURT. The witness did not say that he had
received the money from the Marshal's office
Mr.. CARLISLE. 1t is to be presumed he got it from
there.
The CouRr. He said he got it from Mr.. Slacum.
Witness. He has not received a cent from me.
Cues Have any others received money from
you?
Ans. We pay nothing except upon the clerks
certificate.
CUES Did you pay any thing to Mr. Togno?
Ans. de was witness in this case and pre-.
sumo that we did. have the abstract before me;
and End that during the December term, 1852.
Mr.. Jones received S20l 10; Mr.. Wright, Si74 10:
Mr.. Bowes, STA 10; and Mr.. Lewis, $ls9 TO-
The clerk tells me that Mr.. Togno was in attend.
ance ~ days, and that be was paid for 1894 miles
travel, at five cents per mile
Mr.. CARLrsLE. The witnesses, then. were only
paid 81 IS per day and their mileageS
Ans. Yes, sir.
Elisha Whittlesey, .porn
Mr.. CARLISLE. What was the appropriation for
the Mexican indemnity, and how much of it still
remains in the treasury? M
Mr.. MAY trust the counsel will state the oh
iect Of that inquiry.
Mr.. CARLISLE. l do not propose to go into anv
about it, further than to sa that il re-
lates to the same matter about which the United
States have given in evidence the correspondence
between the Mexican Minister and the State De.
partpent
The Couar. The appropriation was 8 $3.50 600
Mr.. MAY II the object be simply to show how
much Of that money was left in the treasury after