The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-08

could legally have the power to make cestifca-
tioos of this nature. - -
Ques Did understand him to say that be was
| 1874 and 1886! III : - ''S ~
| Ans. Yes, sir.
Cues. Ask him if during that time he hes any
knowledge OF steam engine being carried through
Ans He has no knowledge of it.
gus. Has he ever known of steam engine
being imported into San Luis Potos?
Ans. The only steam engine that 10 in the State
of San Luis Potoei is that which is used in the
mining operations going on at The town of Catorsa
That is the only one which, 10 his knowledge, has
| ever been imported into the State.
CUES. Ask him whether, between the years 1874
and 1916, or at any time, he ever heard Of a mine
diner?
Has. The fact of any mine being owned or
worked by DR.. Gardiner, or by any one for him,
has never come to bis knowledge.
Quesl will ask him whether he has ever heard tina
the public troops ever visited the district OF Lagui
niiias ior the purpose OF expeiling DR.. Gardiner
or any body else?
Mr.. BRADLEY. Don't ask him that question. if
you please, sir.
Mr.. BRADLEY. Well, if it be matter of public
history. then of course you admit that these troops
did go there and expel him.
Mr.. MAY. ! ask the witness, who has been re-
siding at the seat of government, whether he has
ever heard or has any knowledge of such fact7
The objection which was urged the other day wa
that the question was asked of a witness who had
been sent there subsequently, to the alleged occur
| renee, and we were told that ought to bring
come person from the neighborhood, to whom such
fact would be known if it had taken place.
The Court. The court is of opinion that the oh
lection has not the same force with regard to this
witness. He has been residing in the country all
the time.
MIR. CARLIsLs He has been residing in San Luis
hat MI hopo ica
very long way from the district Of Laguiniae.
There is no evidence that know of to show that
he ever was in Laguinillas at ALL and troops might
have been there dozen times without his knowing
any thing about it.
The CouRT. This witness says that he has lived
in San Luis Potos from l64l to 1S46. His testi-
mony in regard to this matter will be more or less
forcible according to his nearness TO remoteness
from the place; but it seems to me that the evil
dence is competent SO far as it goes / think il
was the court that said that somebody ought to be
brought from the place to testify in relation to this
matter.
Mr.. BRADLEY. ask your honor, in all serious
ness to say whether 1t is competent to bring wit
being sent to such and such place!
The CouRT think it is competent to ask the
question.
Mr.. BRADLEY. Suppose the Government at
Washington, it often GOES, sends troops to va
rious parts of the United States or Territories Is
it to be supposed that it is known to the citizens
here to what places and for what purposes troops
are ordered? Can this, then, be fact to be brought
in here, that the witness never heard 80 and so?
The CoURT. Suppose that man has resided in
Baltimore all his life and he is asked whether be
knows or has heard of troops being sent there for
such and such purpose, and he does not know or
has not heard-what does it amount to? Why,
nothing at all. But the memorial says that troops
were sent there to expel DIR. Gardner; and man
residing in the State may say whether he knows
any thing about it. think the question may be
asked.
MIR. BRADLEY. / hope the court will note our
exception.
The CouRr. OF course
MIR. CARLISLE Let get the question accu-
rately. l believe it is, "Has the witness known,
or ever heard, whether troops were sent to visit
ed Laguiniilas, in 1896 for the purpose of expel-
ling DR.. Gardiner?''
Mr.. BRADLEY. We don't object to the s.know,"
but to that part of the question which asks fhe has
"heard +"
Ans. He does not know nor has he heard say.
that troops might have been sent to Laguinillas,
with the object or purpose of expelling DR.. Gardi
ner from there.
Cues Does he know or has he heard whether
troops did expel him?
Mr.. CARLISLE. We do not wish to enter into for
Their argument in regard TO these hearsay ques-
tions but we do desire it to be noted that object
to it, toto eelo
The Couar. do not that the question is at
all material.
Mr. CARLISLE. If this mode of examination is
permitted and pursued, hope we shall be allowed
to bring witnesses that they have heard such
III
OF hearsay on their side trust the like privilege
will be extended to us.
The CoyRr. The last question think is not ad-
issoie because IT relates to precise fact, which
Mr.. BRADLEY. And the other question also
The COURT Oh, no; the other question related TO
the marching of troops into the country. The first
question embraces the last; because ii there were
no troops there, there could be expulsion in the
mode alleged. ! think i cannot admit the iast
question.
OFoss-eramined by Mr.. Bradley.
Cues. understand the witness to say that that
document is not deposited in the projects office!
Ans. 1t could not have been deposited there lie,
galiy.
Cues. do not ask him that. Ask him whether
there is any law prohibiting the depositng of such
country!
Ans. Although there may be no law which di-
rectly prohibits in such case-because as the gen.
tleman knows very we'll this kind of cases rarely
occur, and they are not 30 provided for in the
laws. There is not law, but many, which
establishes radical difference between the autho-
rty Of the projects and the authority of functiona
ries of the judicial power, and the result of this
difference is, that in case of going to make de.
post Of this nature with a project, he would say
at once, "Sir, am not the person who should re-
to any other person you may think proper, to make
sure of your property;" and he would not receive
the book on deposit.
cues. Could not that book be deposited with
Ans. 1t could not; because the notaries public.
even when they are officers of the State only place
in their archives, or enter in their registers the
public instruments which they authenticate by
reason OF their Office, and documents which refer
to these same public instruments, without their
having faculty to receive from particular persons
all kinds of papers, ~
CUES. Could not such book be received by the
cure OF the parish, in case of expulsion?
Ans. The functions or attributes OF the curates
especially marked in the canons and the ecclesias
ticai code, are of nature SO different that expu.
sions and all kinds of temporal business are such
that he does not know for what reason, nor with
hat faculty., curate could receive officially de.
post of this nature.
Quts. Could not that hook have been deposited
win any person or merchant convenient to The
place, in case of expulsons
Ans As merchant is not in the exercise OF pub
lie authority, nor has any other end in view, nor
any other guide than social relations which BIND
him to persons, it would not be strange that tnis
book should be thus deposited in friendly way In
case like the one referred to.
Cues Again ask him il there s any law IN
Mexico relating to expulsions?
Ans The question 10 so general that he does not
The extent of it so as to give an answer
Quss Ia there any law prescribing what shall
be done with the effects of person who is expelled?
Ans He believes that such law does not exist.
because these expulsions have happened but sell