The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-03-18

uuente The hand oil Major bOfand
is not yet finished Might have stated that ought 10
have pat IN claim OF 500. 900 with justice. Have no
idea oil having stated any such amount, but may nave
said That he might claim that much II he put 10 CLAIM
heeoleois showing his accounts 10 Mr.. borlandi don't
recollect showing them TO any other person Inc &C
count, made out, is $4,000. Might have SAID thal
\ at the time he had put in claim, he might have gol
$780, 900. The accounts in MIR. Bofand's hands are
complete, far the expenses oil the mine are con
ceTned Witnesses own personal services are not IN
cluded.
la answer 10 Mr. Bradley. Have given all the con
versaton at Wilard's about this business The
saiion then turned witnesses affairs Does no.
ecolect whether not Sayres, Togno and himself went
TO the bar and drank together with DIR. Gardiner Has
no other than the same arrangement he had when he
out at first in regard TO decentralization that was
Mr. Lecher said the gol eminent would pay him Tor the
loss OF his time. but there arrangement other
than that Has had no further conversation with any
agent OF the government about II since then Received the
"a per day for his family and ~ so for his expenses
account Thinks there was something said about its not
being IN fu-hat II had nothing TO do with the compen
sation Did not in 1914 90 into the interior and estab-
lish line OF stages with one Zufntusa.
Direct examination resumed.
BY Mr., May. You have spoken OF your reasons Tor
my writing this card was done by your request or by
all jontlyl
Ans. Ii was done by the request OF Sayres and my
self. in Mr. Fendal's office.
Cues. Was the statement dictated 10 me, and was
requested to write II down alter you!
Ans. Yes. Mr.. Sayres dictated it. ! corrected it,
and you wrote it.
Cues. Was that all had TO do with it,
Cues. You stated that that card the joint recoec-
ton of all threei
Ans, OF all three.
Cues And each trusts to the other as to the relative
snfemen OF each, under his own signature
Ans Yes
CUES Have you or not knowledge by general Ieputa-
ton in Mexico OF these facts!
Objections raised to this of questioning and
a discussion OF some length succeeded.
The Court. The witness has been asked whether the
charges contained IN this paper are true he realImed
hem and afterwards stated that he was not at the meet
ing thereby directly, in the opinion Of the Court, con-
tradictng himself The Court does not agree with the
opinion OF counsel for the prosecution that personal
knowledge is hearsay. man may believe thing his
orcal il may be true, but it is not personal knowledge
may believe that Dr. Gardiner was in Mexico, but do
not know the fact may say that know that Victoria
is Queen Of England that Aferd was King OF England
that the Duke of Wellington is dead-al this is his
torical knowledge. This is not personal---very. knowl-
edge This document was prepared and published de-
beratey, in which they say they had personal knowledge
oil the facts stated and am OF opinion that is not con
peen for the counsel TO ask question, the object OF
which is to show that when the witnesses speak OF 'per
sona knowledge" they mean knowledge by hearsay
The objection sustained.
Mr. Fendall again called upon the witness 10 explain
what was the object OF the publication in question.
Witness Each one was to state what he knew.
Mr.. Bradley objected.
Mr. Fendall argued that as there was ambiguity on the
face of the paper bs witness had right to explain IT,
The Court decided that the witness had right to state
what said in the Office of Mr. Fendall when the pa
per signed.
Witness Mr. Sayres and Mr. Togno said to Mr. May
that Gardiner not at the meeting and, referring to
myself said you know that he did not come with his
old preceptor Vera Cruz at that time The idea talked
of in the Office in regard Dr. Gardiner coming to
Vera Cruz with not his precepor. All joined
in the opinion that he did not receive from his precepo
in Vera Cruz thousand dollars which, according TO
Mr. Corwins speech, he soon increased $4,000 Mr.
Togno and Mr. Sayres said that Dr. Gardiner was no,
appointed committee at the preliminary meeting.
He (G al the dinner In honor OF Gen. Thompson.
Witness heard him propose sentiment which all drank.
Mr.. Bradley The question is as to what passed be-
tween you and Mr. May at MIR. Fendalls.
Mr.. May. Did you not ask me If you had right
to publish this card
Ans / did not Mr.. Sayres did.
Dr. Mackey here recalled, and presented the map
between the United States and Mexico established
long discussion here occurred in regard TO introducing
the geographical scale or air lines 10 determine distances
| IN the mountainous portions OF Mexico. The sub
ject was finally ''laid on the table"
| Witness recalled. Togno, SayIes, and myself signed
the paper carried i TO the Herald The paper lsixned
and signed copy Was not advised that libel
Gus, and that had better alter it, Mr. Togno said that
some refused TO publish it cannot remember
whether il was the original or not MT James Potter,
| OF New York, went with me TO MIR. Bennett
By Mr. Bradley. Was not the original paper pre-
pared by Mr.. May much longer than the one in this
publication Did II not contain much more matter
Ans think not
Witness was with Mr. Bensell in circus short time
in lS45 month two perhaps; ohcated as riag-mas
ter perhaps This al the new theatre OF Mexico.
Had other business in the city OF Mexico that he reco
lects, except the circus BUSINESS spent most OF his
in attending it, Bense had lion and other minor
| animals.
By Mr.. May. What is the general product OF mines
Mr.. Bradley objected to this question. They might as
well ask what the general product OF monte banks,
with which the witness appeared 10 be well acquainted.
Here occurred another long discussion, in which Mr..
May and Mr.. Carlisle participated.
The Court said the witness might be asked about the
product OF his mines, other mines that he knew
Of but the general question could not be allowed The
personal knowledge OF the witness could only be received
| as evidence.
Witness resumed, lin reply 10 Mr.. May1 Two OF
The mines in which he engaged entire failures
| the one he worked ultimately failed II old
shaft, full OF water; got at ven and took out some
but could reach The plan bottom of the shaft
which was his object Ii old mine; had been
worked by the Spaniards Ii about so in depth
The vein generally grows richer descend, and al
the depth of four FIVE hundred feet expected to find
the richest portion of the mine. Did not reach the plan
by some twenty five feet The law regarding the ode
nouncing' OF mines is printed in Mexco has read the
| law, but is not skilled as a lawyer.
Mr. May again proposed 10 submit the map (Distur.
| nell's) TO the Jury, TO establish distances, &c.
MIR Carlisle objected. and discussion OF some length
occurred between Mr. Carlisle and Mr.. May.
The Court said the map of Mexico in question would
show the air lines, laid down from town town-ibat
if official paper, brought from the highest de-
paIment in The government, 1t would not be admitted
and intimated that it should be received as chart for
| reference.
The cour, adjourned at Al o'clock, .. m.