The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-11

ny OF Mr. Aguliiar, and the otner tess'u
now OFFER can go into An inquiry OF what the
people of Laguiniilss said that suojecs We shall
follow these inquiries in that way ana 20 on with
the evidence of Captain Doubleday ON that quss
ton.
in 10 nrove by reputation the existence non-
existence of mines in certain region OF country,
the counsel sopPosng ina! me qoesuon wears
when the court decided, after the proofs offered
THE court recaptulated the proofs mentioned
above by Mr.. May.] do not myself zee how that
varies the question, which was put upon the ground
that this reputation post Item ,sotam. That ia
the ground, principally, on which the decision
made.
Mr. May. did not understand your honor's de.
oision to go upon that ground. The testimony of
Captain Doubleday would be, of course, post Item
uotam.
MIR. FsspALL. But we have other testimony,
which think is not subject to that objection.
The CouRr am speaking OF the offer a. il has
besn made, and do not think it varies the state of
the question at all. can rscur to the former de.
cision if you choose, and see the ground which
1t was based.
Mr. MAY did not understand the decision to be
upon that ground
Fhe CoUar. That certainly was one of the
grounds.
jscted the offer.
DR.. James S. Mackie, recalled.
Mr.. FENpALL. You stated, on former OCCASION
that you were acquainted with the handwriting of
the defendant, and also the manner in which you
became acquainted with it.
Mr.. BRADLEY. Did you ever see him write?
Ana. think | saw him write memorandum,
bus not more than memorandum.
CUES. When was that
-ans 1t was at the time of the correspondence
wish to be understood as speaking positively.
Cues. When did you see his handwriting
4dns. think it was in 1851.
CUES. Did you ever see his handwriting eight or
ten years ago.
Aas. l saw the papers which came before the
bolrd.
Quss. That is not answer to the question
Aas. have no knowledge Of the handwriting of
DR.. Gardiner eight or ten years ago.
Ques Then you know nothing about it 30 far
back as 1874 or lS45?
Ans. From my personal experience have not
CUES. Then all that you can speak of il from
seeing bic attached to two letters
written since this controversy arose. and acted up
onl
Ans. That ia about all.
Cues. Now the question is, do you, from having
seen these two letters in 1851, regard yourself az
competent speak to the hand riting of DR.. Gard
liner in lS44, AS, and 40?
dns. OF that suppose am not to be the Judge
The CoURr. think he is a competent witness
Mr.. FENpALL produced number of papers call
ed the Moreha papers, and desired the witness to
examine them. After examining them the witness
said
81 should say that all of these papers, with the
exception perhaps OF three or four, were IN the
hand writing of DR. Gardiner according ly as have
had an opportunity of judging"
The exceptions were pointed out.
Mr. MAY, You speak of the body of the writing?
14ns mean the body of the manuscript.
Cross ezaminsd by Mr.. Bradley.
Mr. BRADLEY Did you look at the signatures to
these papers Of the same timer
dns. 1 only glanced at them.
Qurs. Have you ever seen DR.. Gardiner write his
name?
dns. have not; nor has it been signed to any
of the papers in the Department which | have re-
ceived in the Spanish form' but the name "Gardi-
ner" in these papers, should say was written in
the same manner the name have seen ip the
letters sent to the department to which have re-
fsrred. That IL my opinion. As to the fact OF all
these signatures being his there is that should
say was not his. The body of the document
think is in his handwriting; but the signature. If
it is 6s must have been written at different time
or with different pen. The date OF this paper Ia
Morelia, November 8, lS44, and it is marked A. J.
H., 20.
ar. BRADLEY. Then that is the only paper
anoaz all that collection of which you have any
hesitation about the signature being that of Dr..
Gardiner!
Ans. 1t il.
MIR. MAY IL it your belief that the name "Gardi-
ner on these papers was written by the defendant,
noG
Ans. DR.. Gardiner has very uniform way of
making capital letters. There are letters here
which are peculiarly characteristic of those |
have in Dr.. Gardeners handwriting. think
would recognise them anywhere; and, making
that remark / think should feel justified in say
ing that this name Gardiner, as find it on these
papers, 10 in the form have hitherto seen.
Mr.. FENDALL. Which Gardiner?
Ans. All of them, with the exception of the one
I have referred to.
Mr.. BRADLEY. You refer to the name. IL il the
s'G' which attracts your attention.
Ans IL is net only the sc, - but the general
uniformity and popularity of the writing.
DIR. FHSDALL Point ont the three or four pa
pers you except from your general opinion as to
their not being in his hand WI itingS
The papers were accordingly pointed out and
described
of the original Washington papers, and other
originals in the State Department, and fire.
quentIy called upon to examine signatures.
Mr. BRADLEY. That won't do. 1t won't do to
offer him expert,
Mr. MAY. We don't offer him expert, but
as another means of teshfying to this particular
handwriting. 1t il part of his duty in the State
Department 10 study handwriting. ls 1t not
Doctor
Uitness. / have studied it for three years.
Mr.. BRADLEY. Is il part of your duty in the
State Department to study handwriting!
Witness. ! have made it my duty. 1t il my
duty to do any thing which will better enable me
to discharge my office in that Department.
Mr.. BRADLEY. Well, sir, tell Us how often you
have had an opportunity OF examining DIR. Gardi
ner's hand ~riting'
Ans. | have already referred to the two letters
which he addressed to the Department
CUES. Do you recoect the daes'
Ars. I think ii in 1852
Ques. Where those letters now?
Ans. think they on file.
Quxs Did you examine them carefully before?
Ans / did
Qu<s When were these papers which have been
examined by you just now put into your hands tor
examination
Ans Mr.. May showed me these papers; cannot
say how long ago
Ques. And did you compare them with the let
tiers file in the State Department.
Ans. No. sir.
Qaes. Now, can you state, from your recollection
of DR.. GARDENERS 81 gnature whether you ever saw
any paper signed by him with the letter scr" al
the termination of the name made in the same
way 1t ia made in these papersl
Ans These "r's' all have striking similarity
in their Examinations.
k,.es. Now, in the signatures of DR.. Gardiner
which sou say are genuine and original, did you
ever tte "r'' made in that way9
Ans. ! cannG. speak positively to so small 8
letter
CUES. Did you ever capital 81" in any let
der of bis. Is there not essential difference be
tween the capital J'' in the frat three papers and
the sJs" in all the rest?
Ans. There is a marked difference.
Ques. What 10 the particular capital letter which
strikes you az being 20 remarkably similar to his
Ans The s'G's' IN all of these papers al
much alike a. they can be-
0ues Did you ever see his brothers "G?'