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

me-
70 prominent matter that We began 10 think this
|" wonderful man" might practices some metamor
phosse upon "a that would beat the metamor phosia
u Ovid all to-(the exp ression was not heard bv
me rsporserl-in other words, that We might find
this cave converted into . mine. We thought Il
quite possible that some crafty person might no
mere. and look into this cave and other matters,
and the only effect Of this mssion its secrecy
and therefore this expedient was resorted to pre-
vent this wonderful man" from getting back this
money, and further, to prevent him FROM the COM
mi0ion Of other frauds.
Gentlemen, it 10 not pleasant for an ingenious
mind 10 practice secrecy at any time. but in the
dsscharge Of public duty it 10 sometimes necessary
in order to ACCOMPLISH an honest purpose. The
great Alfred, whose name stands up a. green
spot in history. for the good OF hts country played
the part Of spy. Porer and brighter name
than that Of Alfred General WashinRton) some
tmes found it necessary To resort to similar expe
dents Cor patriotic and honest and laudable pur-
poses; and hence find that he persuaded
Sergeant Champe to play the part OF deserter to
the enemy's camp. in order that he might discover
bis strength. And we. gentlemen, found il neces-
cary in this business 10 resort to secret commits
sion. In sending a missionary there We found q
man of pure and spotless honor, man who is we'll
known here not Camanche, but an American
citizen. born under our own star-.pangle banner;
and you all know that more pure and honorable
man than Captain Barry does not exist; and be
mad intelligence to counteract the wiles intended
10 oe perpstraied by this defendant. He 10 the
man whom We sent there, and II was necessary
that he should GO out under feigned name, other
wise be would not have succeeded as be did
coed. shall say, in the language of the Const.
lotion, that "full faith and credit to be given
to all his proceedings"
Well, then, gentlemen, you have been amused
annoyed q do not know which, by the constant
efforts which have been made here, as part Of the
tactics of the defence, to prejudice your minds
the ground of the witnesses having received il
legal and unconstitutional compensation. Now
gentlemen, that matter was fully explained
by my colleague. And put IL to you, A. men
of common sense, looking at the manner in
which the prosecution is to be maintained, and
where the witnesses TO come from, to say
whether il IL possible for witnesses to be brought
here at the same rate of compensation as is
paid to Witnesses in our country? We
have constant complaints, as you all know of
witnesses being brought here from various parts
of our country to whom 10 paid only 81 as
per day, while at most of our hotels they have to
pay 81 50 dav for their board These
own citizens, and bound to come when called
upon. They have no alternative. But, gentle
men, you all know that this case is to be prov ed
by wi nesses brought from the theatre of the per-
petration of the fraud, from foreiRu and hostile
land in which there could be disposition on the
part Of the public mind of Ter citixens, to put
themselves out of the way to facilitate any pro.
ceedinxs of the United States, who bot recently
catered their territory conquering and triumpha Mt
To be sure, they are members of the great human
family; and the Mexican mind 10 not 20 degraded
but that men may be found there, ne elsewhere, TO
DO 1ustiCe, PROVIDED IL can De uOne without lnuS-
tice to themselves. That was the calculation whch
made-that these men should be willing to
come and give their testimony provided they
should sustain no osss
Nov, gentlemen, put the question to each one
of you; Suppose that an atrocious nud had been
committed against the government of Mexico
of Rngland-a fraud that you knew of-snd you
we're told that your testimony would be material
in order to convict the criminal, would you-how-
ever strong might be your convictions Of duty-be
willing to go upon Quixotic expedition TO benefit
a foreign government, and pay your own expen.
sesl No, gentlemen: here would be great diff
Guilty In getting any ore of you to leave his bu.i-
any terms Indeed, found such diff
Guilty on the part of many individuals of high
character in Mexico. They tcouId NOT come on any
terms. Bot, gentlemen, if you had consented to
go upon any terms. you would at least have in
sisted that you should be made harmless, that you
should be indemnified your expenses-not the
"fanciful and pictorial expenses" which have been
exhibited TO you, as has been said by the defence
All that has bean done In regard TO these witnesses
was promise that their expenses should be paid;
and In regard to any other compensation, that was
matter which was to be talked of afterwards-
not even going 30 far a. to have any "exoecta-
tions," a. some OF The defendants witnesses ha We
said. That, gentlemen, il all that has been done
in regard to these Witnesses has been stated to
you over and over again.
And this prosecution, to be sure, gentlemen, is
an enormous expense to the Government, because
the witnesses have been brought from a great
from their homes has been long, and the loss of
their business has been great; and because the de-
fendant by bis fraud has placed bis country under
the necessity omoellipg his Government to ex-
pend these enormously large sums of money to
convict him-this, gentlemen ia to be made an
evidence Of his persecutionl Why, gentlemen, il
only aggrayates bis ggilt. II had appealed to
your feelings instead Of to your Judgments,
would have raked every hole and corner 90 as 10
have made out for you account Of every cent
which ii has cost the Government to prose cute him
Mr.. BRADLEY. We should have been very glad
if you had done so. We tried very hard to get at
that fact, but you took good care to shield your.
selves there In the panoply Of impenetrable se-
creoy.
MIR. FESpALL. This man has not only cheated
the Government, bat be has compelled the Govern
ment to go to an enormous outlay.
Mr. CAsLsLr In an under tone.) wish very
mucn you would let Us know the sum totals
MIR. FENpALL. Gentlemen, il would be triaing
with your understandings To detain YOU a moment
longer on this subject Of the expenses of these
witnesses, and yet [ have no doubt that il will
form prominent topic in the addreases of tina
gentlemen on the other side. IL will be much
easier to make beautiful speech upon thai sub
Ject, to bring you wine bill which amounts to
1884, than TO talk o. the want of mines nd haci.
endas and water wheels and damn end steam en-
gnes. Gentlemen, i deem it unnecessary 20 say
another word upon That subject
Now the next tcpc-which seems to be regarded
as matter of some force by the gentlemen on the
other side-is this: They have taken the trouble to
bring TO your notice the names of the Witnesses on
the back OF the indictment, and have complained
that OF these witnesses who were before the grand
jury only two have been before you; and they saw
that you bave heard these two witnesses examined
and you know that the defendant could not be
convicted upon their testmouy-ihat il is a hard.
ship that We have not had the other witnesses here
Gentlemen. the reason why We had them not here
ives that they would not stay; they went away,
and we could not get them back again, and " c had
therefore 10 get other witnesses.
But gentlemen, there ia another view of this
matter to be taken. Il seems that this bill of in
dictment wAS fogpd upon the testimony of some
eight or ten Witnesses, sDly two of whom have
been prod and given their testimony before
you. You have heard their testimony and il
must be evident that the bill of indictment could
not be found upon their testimony alone But
gentienen, you must remember that grand iures
usually act according to the instructions given
them BY the court, spd these generally are that
they shall not md bills upon any evidence except
such as 10 likely to result in couyiction. Nov
the gentlemen on the other side complain that we
have not brought these Witnesses before YOU. And
what if we have not /! Have we not brought otrer
witnesses who have most substantially made out
the case, and thus laid before you double proof1
Have we not in the procuring of the indictment
given you the esti nony of these absent Witnesses
evidence which, if the grand jury did their duty,
a. we must suppose they did, enough to se-
cure conviction?
Gentlemen, did purpose to notice several other
matters which have been made the subjects of
comment in the progress of this cause, but will
m 0a0lf ~