The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-11
-. "a WASHINGTON: MONDAY MORNINGS APRIL H. 1853

court has nothing to do; and cannot permit it to
With to ths ms.r With ssrT
proceedings have nothing whatever to do.
Mr.. FENDALL. Ipresume they arc done By this
time. Iney were taking the dispositions about
they are now finished. ..-s
| Mr.. CARLISLE. Then If they are done, and have
taken these depostions in our absence, and with
out our knowledge. it is not worth while for the
The Covsr. Well, gentlemen, cannot inter
tere in this matter. Tits not before me. You had
better act upon facts, and see whether the taking
OF these depostions is finished or not, and then
say whether or not shall adjourn the court. -
Mr. BRADLEY. We understand that this 10 de-
position of the witness Navarro, who was examined
here the other day in this court in this cause.
Your honor, think, gave notice to the Unit ed
States that they could not discharge their wit
nesses without our consent, but that they must be
kept here. understand from the District Attorney
that ne knows that this witnes: is going away. If
there be any process by which he can be kept here
! hope be may be kept; and Will ask the court to
issue attachment.
The CouRr He ought to remain undoubtedly,
and must remain until ne is discharged By the
| court.
| MIR. BRADLEY. If he is to be permitted to 90
away without our consent, the interest. and even
| the liberty of our client may be seriously leopard
| ized, and / think that some means ought to be
taken to compel him to remain.
| Mr. FeNDALL. The gentleman has entirely mis-
represented what have said-not Intentionally, /
presume did not say that the witness was going
| away, but that he was very desirous to go. Sup
pose he will not remain, am to risk the failure of
the chancery suit by negecting to take his deposit
ton, because the counsel for the defence cannot
| leave the trial of this case? The defendant can
procure other counsel to attend to the taking of
these dispositions, or they attend at nine O'Clock
| in the morning and continue till the meeting Of
| this court.
Mr.. BRADLEY. The District Attorney certainly
W WA ouav
The CouRr. Oh, he won't 60 away if you tell him
| he must stop.
Mr.. FENpALt. But cannot run the risk of that
| The CoURT. Well, l have nothing to do with
| that fc l1lI-a
Mr.. BRADLEY. think there is here laid q fair
foundation for the detention Of this witness by pro-
cess The District Attorney has just said that be
did not state that he was going away. aver that
| he did say that he knesc be was going away. The
court heard the statement, and everybody else
beard it; and on that ground l ask for an attach
ment against the witness. aafk
The COURT He is not yet gone, and cannot
| issue an attachment. But the court will say that
hesnust remain here until he is dismissed.
Mr.. MAY. When will your honor dismiss him?
The CoURr. Icannot tell. 1t depends upon who.
| Their the defence will consent,
| Mr. MAY. trust that after the for the pro.
secution lie closed your honor will say that he may
| go. His business at home is urgent.
The COURT. There might perhaps be some order
made in such case; but the court can say moth
| ing about it at present.
Mr. MAY. They can file their interrogatories at
any other time, or fix time when they may
choose to make them in person.
| The CoURT. 1t ia sometimes very important to
parties in suit that they should hear the interroga
tories put by their opponents not only on account
OF the answers which may be ELECTED, but also on
| account of the manner in which they may be an
| swered.
| Mr. MAY. Well, sir, when the case for the pro
secution is closed. and the defence is commenced,
we shall feel it to be our duty to ask the counsel
| fnrt he n A ka w
| of MIR. Navarro they may desire, in order that he
may be permitted to depart.
MIR. BRADLEY. When the proper time arrives VIZ
| hope we shall know what is our duty. Neither
Mr.. Carlisle nor myself have shown any dispos-
ton to subject anybody to Inconvenience; but we
must consult the interests Of the defence do not
mean to sacrifice the interest Of anybody under
| my to suit the convenience Of anybody under
the sun. Wo have already shown, we think, much
patience. Much time has been, as we think, vast
| cd unnecessarily. We have been and are now at
great expense, and have not complained; but this
Is going beyond all endurance If your honor
please, think will move that the court adjourn
| till to- morrow. Er O.
The Couar. If you allege the taking of these de.
positions AZ the reason, will of course adjourn.
| (To Mr.. Fendall.) Do you suppose you will be
able to get through to-day?
| Mr.. FENDALL. l cannot answer. Much will de-
| pend upon the crOes-interrogatories. atttss, (
! Mr.. CARLISLE. They are now going with
these dispositions, or, for any thing know, may
| have finished them. Such we learned, little
| while ago, from the District Attorney, was most
| probably the case. Now, desire to repeat to the
| District Attorney that when this notice served
| upon US, and when complained to him that it was
impossible to attend in consequence of being
| obliged to be here, he stated that there would be
Examination of these witnesses, for the purposes
of this chancery suit before and after the hours Of
the meeting and adjournment of this court; and
yet, in violation of what understood to be a dis
tinct goes to take these DISPOSITIONS
in our absence and without our knowledge 1rs
l Mr.. FENpALL. The time specified was between
the hours of nine O'Clock in the morning and six
| O'Clock in the evening. Is
Mr.TCARLmLE. But you distinctly gave us rea-
son to believe that you would not go on with the
examination of these witnesses in this chancery
suit during the sitting of this court. sfG4 /
| Mr.. FsNDALL. stated that the arrangement
| was such that the dispositions might be taken be-.
| fore and after the meeting of this court.
Mr.. BRADLEY. We wish to know now whether
the United States are going to examine any other
| witnesses than this Navarro. We don't want this
| thing to occur every day just when in the
middle of our most important cross examinations.
Mr. FErpALL. What we intended to do was to
take the dispositions of these two foreign witness
es-Navarro and Aguilar. They are very desir-
posed to ask the gentlemen on the other side to
conclude their examination of these witnesses in
this court and let them go. The other witnesses
are here and will be here, and their dispositions
can be taken, not Immediately, but when conve-
nient.
Mr.. BsApLxy. And suppose that convenient
season. will be just when we are in the most in :
teresting part OF our defence.
!, The CouRr. Well, gentlemen, you had better
decide upon something. Ali can do in the mat
ter is to adjourn the court to give you opportu.
nifty of attending to the taking OF these deposi.
tons if you desire it.
Mr. FxNDALL. Could not the court adjourn at
| an earlier hour-say three o'clock-and thus give
the defendants counsel the opportunity which
: they wish? To
Mr.. CARLisLs. That is, to give you opportu-
nifty of go ng and taking dispositions all day, and
we are to 60 there after being engaged here all
day:
hour each day-say twelve o'clock-and that
would give you the whole Of the early part of the
day. sfst q
The CouRr. But you must arrange it among
yourselves; the court cannot make any order in
the matter s5e. ,
Mr.. BaApLrY, (after consulting with Mr.. Car.
! lisle) We have conferred upon this matter, and
believe that evidence taken In this way cannot be
used against US in the chancery suit. Ifsuch evil
dence can be got in it will be the first time that
such thing was ever heard of in any court in
christendom. $780, $3.50,
i MIR. CAnLsLx Your honor's oblging offer to
| adjourn the court for our accommodation is not
such one as would remove the difficulty. The
| animation in chief of this witneas il completed
h.fo IF ia 10