The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-21

who opened this case ON the other side. Who were
they One was gentleman distinguished for his
man. and If there be one man in the country remark
able for the soundness Of intellect clearness Of udg
ment and experience as q lawyer and statesman,
he was that one; and there were very few any who
were superior to George Evans No one was more
qualified than he to ferret out fraud If 1t exisedno
one more prompt to reject it. Another OF those COM
misioners was Caleb B. Smith, OF Indiana who, per-
haps in some things, inferior to Mr. Evans, but
who was well skilled as lawyer and gentleman Of
integrity and understanding. The other was Mr..
Payne. Of North Carolina, whose ability and cha
acter was vouched for by the prosecution. Here
were three gentlemen fully competent, and well
skilled in the examination of causes. and who ex-
amined and allowed this claim. What was that
claim? This memorial set it forth. 1t said, on
the other de that all the rest Of the papers filed by
Gardner were forged. We viii prove to you, gentle
men, that there was not q paper in the case but
what was proved and verified, and authenticated by
the Mexican minister in this city. There was a
district of Rio Verde attested by the project with
the seal Of the prefecture and authenticated by the
Mexican minister in this city. Every paper filed by
Dr. Gardner in support Of his claim was verified and
authenticated in conformity to the forms of law, and
the regulations required and established by the
Board OF Commissioners and was genuine in every
particular, will show and prove. Every sigma
ture to the papers, and every attestation thereto
from the clerk in the alcades Office up to the sigma
ture Of the Mexican minister in this city, vas
genuine When in Mexico his books and papers
seized by his creditors upon his expulsion from
the mines and were deposited in the office Of the pre-
those books was filed by DR.. Gardner and the copy
is verified and authenticated to be true copy OF
those in his Office by the acalde OF the district with
all the forms of law. We will come to the proof Of
all this by and by. Mr.. May keeps up commentary
on my remarks as 20 along.
Mr.. May-My commentary was simply smile,
and you did the same yesterday while was speak
Mr.. Bradley-IfI did so l was not aware of it. In
Mexico the papers and books of debtor are seized
and deposited with the project Of the district to
which be belongs; no warrant is necessary for this
purpose. By law copies of these papers and books,
when authenticated by the project, are evidence
The commissioners had this evidence-the books
thus verified by the local officers, and authenticated
by the Mexican minister in the United States-be-
fore them at the time Of deciding upon this claim
But they were not satisfied with this-they did not
stop here. One of the commissioners went in person
to the Mexican minister to ascertain if the verifca
tions were correct. The commissioners did not
even stop here. They brought the defendant before
them, and proposed to examine him on his claim.
His counsel objected to this proceeding stating that
he was present there by counsel, and should be
heard by counsel. Dr. Gardner, however, said,
:" Let them examine me; if they not satisfied
with the proof, can indicate to them where the
proof can be found" He was then examined and
cross-examned for three hours by the commissioners
on the claim We hear nothing of all these facts in
the statement of the case made by the prosecution.
l desire, however to state them, and to say we will
the very commencement Of the claim down
to this hour, has done everything, and has
given to the government every opportunity to
prove the truth and justice of the claim. 1t
was said that there was no proof OF title to the
mine, and that what was offered was fabricated; but
will prove to the satisfaction of the jury, by the
commissioners themselves, that the claim had been
allowed before this paper containing the evidence OF
title to the mine on which this case rested was filed
before them To understand the matter correctly, 1t
will be necessary to go back somewhat in the history
Of events. The people Of that region raised rebel
lion against the government OF Mexico they issued
their pronunciamento or proclamation they offered
to General Scott to place themselves under his COM
mand against Mexico; they are not Mexicans, but
Indians mixed breed. The Instruction extended,
and the village Of Laguinillas, in San Luis Potosi,
containing inhabitants, was captured by them.
They then continued their march, and took posses
sion OF the Rio Verde the capital OF that State they
stroyed all the public records in the public Off
ces they destroyed the records Of deeds for
that district. This was in l84e. The insurgents
held possession Of the place for two years. At the
very time when Dr. Gardner left the United States
to go to Mexico to obtain his proof he found it i'm
possible for him TO go to that place in consequence
of the disturbed state Of public affairs He went to
Brownsville, in Texas, and from there sent BY q
known hand to friend of his in the district Of
Rio Verde memorandum of what additional proof
he desired, and which had been suggested by his
counsel He went TO other places, and obtained some
dispositions and while SO engaged was attacked and
wounded nearly to the death. He remained there
until he received the papers, which were sent to him
~ the Governor Of. Bio Verde and whSh we're a as
papers, every one Of them were authenticated under
seal by the American Consul at Monterey; and yet
we hear now that these very papers, certified to
under the seal Of the American Consul at Monterey,
were fabricated and forged in the city of Washing
ton. We will prove that the certificate and seal Of
the Consul are genuine and that the whole papers
are authenticated and verified in due form Of law.
We will prove that they were delivered by the Go
vernon Of New Leon to DR.. Gardner as papers re-
ceived from the Governor Of San Luis Potos, and
that the certificate and seal OF the American Consul
there are genuine and true.
MI Bradley said he would now like to have pro-
duced all the papers in this case which were before
the commissioners, and to which the defence had
been denied all opportunity Of examining. After
sumed:-The counsel for the United States who ad
dressed the Court yesterday had pronounced the
whole Of the testimony in support of the claim as
false and fabricated and as prepared and forged by
persons who were ignorant, not only of the topo-
graphy Of the country, but OF the laws OF Mexico;
and he stated, with great confidence, that the par
ticular evidence obtained by Gardner from Rio
Verde, transmitted by the Governor of Potos to the
Governor of New Leon, and by the latter delivered
TO him which had been certified to under seal by the
American Consul at Monterey, was fabricated In this
city. II the gentemans confidence in the whole
case had no better foundation than it had in this in
stance, it was not difficult to foresee what would
be the result of this case, for we will prove they
were fabricated at the proper place, and at the
proper Time, ana Dy tue proper persoLs III tnc pro-
per mode, and that all the seals and certificates
attached to them are genuine and true. have not
these papers till to-day, with the exception OF
q few minutes while before the Senate committee;
and am assured and will prove by witnesses, that
every paper filed before that commission, in the
claim Of DR.. Gardner, authenticat in due form
Of law and in the manner required by the rules Of
the Board Of Commissioners; and that such authen-
tications are genuine, original and true; and that
the commission, composed Of gentlemen Of learning,
ability, and integrity, could not have passed the
claim after crossexaminaton of Gardner for three
hours with all the papers before them, unless the
authorizations were genuine and true. They were
not only authenticated and verified by the officers
whose duty it was TO do in Mexico, but by the
Mexican minister in this countryside la Rosa The
counsel the other side had called particular atten
ton to dates, and said that in his memorial Doctor
Gardner declared he commenced operations in June,
1874 and In his evidence Of title he said he dis
covered the mine July IL, 1914 and called particu