The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-05-20

90 Tor nothing. hot no; they APreeorto9 tue poo1
ton Of martyrs II this matter, and would not
accede to my proposal. They then Secailsd Nj.
Navarro and you recollect The addittonal testimo.
ny they Tot from him. I shah say neshing more
about this preliminary matter.
Then, gentlemen. We had the Williamson epi-
sods. about which. think, Il - hardly necessary
to cay = word. You recolect all about that-a1i
about telegraphic despatch Of moot mysterious
opinion vas desired by the court. IA laugh.] But
the witness, after all, came here Illuminated he
was. this conspiring Government could not pre-
vent him from getting here. He came here; and
did the defence call him? SOC ta
Mr.. BaADlsY. Perhaps be was kidnapped before
we had an opportunity of examining him.
MIR. FespALL. Well, perhaps be might have
been. will cay more about him.
ooh breathe not bis name,
Let It rest in the shade ~
These things, gentlemen, are all matters which
outside OF this case, but having been referred
to BY the gentlemen the other side thou ght il
essary to advert to them briefly; and repeat,
that IL have failed in this-f you should think
there ia ground Of complaint of any on the part
of the Government or lite agents, you will not let
that operate upon your minds. IF they have acted
unjustly, there 10 way in which they can be
brought to justices ifthey have done any act which
j. not in conformity With the law, they amena-
bic to the law; if they have done any act showing
them to be unworthy Of public confidence, that
con fde nee from them will be withdrawn There
10 no man who docs wrong in this country who
cannot be punished in some way or other. and
knowing that, even ii you think, as cannot be-
lieve you will, that there 10 any ground of COM
plant Of that sort, you will not suffer il to operate
upon your judgments in this issue. You will de.
eide whether this man is guilty innocent upon
the evidence brought before you upon that cues
ton, and upon that only.
Having said this much, shall now address N.Y.
self to the charge. What is that charge? will
read from the law:
s'If any person shall swear or affirm falsely
touching the expenditure of public money, or in
support Of any claim against the United States, he
she shall suffer for wilful and corrupt per
jury."-Stat. at Large, vol 8, D. al.
That Is the Law; and this defendant stands here
charged with having sworn falsely in support of
bis claim. The question is was the oath which be
took wifully and corrupuy false, or was it truea
An indictment was framed upon this charge,
which indictment il before you. You will have no
trouble in regard to the law. II has been settled
by the court; and although this defendant is
doubtless anxious TO make his innocence appear
before all mankind. yet he was willing to get of up
a demurrer. The court said that the Indictment
good, and that he must be tried before you
Nov the question is ia he guilty not guilty.
The indictment sets out in substance various
nents made IN the memorial, and goes upon the
negative OF these averments.
Mr.. F. here read the indictment, which has
already been published.1
Nov, it is not necessary for the United States
20 show you that each and every one of these aver.
ments is false. II they satisfy you that any one of
them is false and inconsistent with the OATH being
true oath. that is enough.
Testimony Of negative character is always
difficult. and yet that is the burden which the
United States have AIKEN upon themselves in this
prosecution. They have undertaken to show that
that oath ia wlfully corrupt and false oath
Before going into the evidence, it might perhaps
be well to state the different accounts which the
defendant bad given Of this claim. In the draft
made by General Waddy Thompson he stated his
investment TO be between $3.50 0OD and 8 3OO, co.,
This memorial was filed in November, ls49. In
the spring OF that year he told Mr.. Miles that the
amount OF his claim or loss was not over $50. 900
or 200; but whether that the amount of
loss the value of the claim lie matter OF no con-
sequence here. He swears here in this memorial
that he bad invested $500 O00 and that he had lost
it all. So be tells Mr.. Philip e. johnson shortly
before the board organized; in the preeence
Of John c. Gardner be said it was s $50 900 or
$40 900; but that he could make it what he
pleased. In the spring he said it was s 100 900;
shortly before the board was organized he got up
to $40, 0OO and thinking it necessary to &c fur
Their he did go further, and told johnson. that he
could make it what he pleased, and he did
80, for he bad actually claimed SfOO, 900
So anxious was he to have this claim called
up at once that he was willing to give SIS.
900 $4,000 or $4,000 to effect that OBJ
ject-statipg that their business (that of himself
and brother) required them to 90 away Whv
such necessity If the claim was honest claim,
why was he SO anxious to get it up at once? Be-
cause of his consciousness that he swearing to
q fslschood when be took the oath.
He (Mr. F. wished the jury to keep all the in
cidens connected with the in a corner of their
mind-not to Judge Of them in pieces, but in the
aggregatej although they would and that every
the other hand, there scarcely an incident in
the case, or in the conduct of the defendant which
had not yet to be explained. The Jury were to
take these things altogether and to look at each of
them, and then say whether the oath he had taken
yes consistent with innocence. Why should he
have offered to Mr.. johnson such premium az
twenty or thirty thousand dollars for the sake Of
despatch in getting up the claim! He had vigilant
and intelligent lawyers, and Mr. johnson was no
lawyer; Why therefore, make him this large offer
If his claim was honest?
Look at the memorial and see what kind of case
on the Part Of the defence presented to their
MIR. +. here read considerable
portion Of the memorial.1 In support of that me-
some time in October, lS50-be
aad h.sd what was called mining title-a ia per
purportng to be certified by Francisco Fernandez
as being copied from the register Of mines in the
State of San Luis Potos in 1874.
In connection with this mining title was filed
what he called protest in answer to the decree of
ex pulsion expelling American citizens within a |
given time from Mexican territory. This protest
und mining title the jury we're to take az pa TT of
his conduct to show what he meant when he took
the OATH and from that and other circumstances
and all parts Of hs conduct they were TO say whe.
Their the oath was or false.
Now what were the questions which would nat
uraly present themselves in the consideration of
this case? lie would recite those which suggested
themselves TO his mind from those papers:
lat. That the defendant vas in possession OF
large means
I'd. That his personal presence was necessary
for The profitable conduct of these mining estab.
lishments. THAT he should ask them to infer from
the nature Of the business; but that was unne-
cessary he had told them 10 his protest that his
presence wa, absolutely necessarily
Sd. The existence Of mines of unusual extent and
value, OF which he was the owner and occupier;
AID
4th. Tint he had good title
Now If the prosecu Jon could establish satisfac.
torily the fasehood OF any one Of these PROPOSE.
tons, il would follow inevitably that the defandant
was guilty under the indictment.
II they esta bished satisfactorily that he had not
the means, without which ho could not have had
the mines, then he was guilty, and had sworn
falsely
If they established that during the time when be
said that his presence vas necessary for the con-
Quoting of the mines, and when from the nature of
the business the jury must be satisfied that it was
necessary, and that he was not there, but far
distant in other places and attending to other
business, wholly inconsistent with the manage
ment Of these mines, and having interest in them,
he was guilty
If they established that there were no mining
establishments where the defendant said there
were, then be was guilty; and if they showed that
ne was not the owner Of the mines, supposing
their existence TO be proved, then he was guilty.
the prosecution would undertake to establish
each and every one of these Jour propositions. and
InItO