The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-05-14
The Gardiner Trial.
COURT FOR THE DISTRICT OF CoI,yM.
BlA,
Reported for the Union.l
FORTY NINTH DAY-IUEsDAY, May 10. 1858
LIN 1

MI, May. What do you recollect about the course
The COMMISSIONERS look aad the distance they travelled
Ans. We wenl 10 souheriy direction the first part
OF the distance We went Of Laganillas al sunrise.
II was directly on our left
Qles Do you remember the turning of placel
Ans; II was at The hacienda called ---, towards Ar
royo Seco.
Ques. You then turned in another direction
Ans, Yes, sir and little TO The right
Ques. In hat direction did you then go
Ans. suppose in a southweslerly direction.
oaes. ln The enlarged projection made at the Coas!
Quere,aro and which is before you, there is a
straight line drawn between the Lagunllas and Arroyo
Seco does that describe the route of the
Ans II describes the general bearing, but not The
route travelled. .n,.
Ques. Can you say how far you went south, accord
Ans | should suppose five miles We went south
for an hour or two after leaving Lagunas.
Ques. What was the first running stream you came
Ans. The Canizal
Cues. Was it a considerable river
Ans. II was broad and rapid river.
Ques. What Was lis direction at the point at which
you first met ii
Ans II was going from the right TO the left and we
were going, suppose, south from Arroyo Seco sup
pose we going easterly southeaslery. cannot
De positive about the points OF the compass but II went
across course. FH.a.
Ques. Where did you strike the nver again
Ans. We passed lille brook near La Florida We
ibe river again between La Florida aud place call
ed AlamOs. .#
Ques Could you see the general course of the river
from there
Ans Yes sir we saw il off to the lei, of us
Ques. Do you remember the mex, stopping place alter
La Florida !
Ans | think il was among the mountains.
Ques. Do you recolec, the OF the place
Aus. do moi al this moment.
Qaes. Did you see any peach trees there
Aus Yes,
Cues. Did you anybody shooting wild pigeons
there
Ans Yes, sir; recollect tha, il was in a gorge.
pd
Mr.. May Dd you pay any sum OF moaey to John
Charles Gardiner alter the award OF the commissions
was made pay able 10 his brother George
Ans presume did. There credit of $lo,-
600 in his avor granted by his brother s. 900 OF which,
think, were drawn.
Cues. Do you know OF any other funds which his
brother had besides this
Mr. Bradley. Is tina, rebu,ting proof
The Court You can only show the money paid to
George A. Gardiner after the award, aud whether any
was paid TO his brother.
Mr. Bradley. Was not that evidence in chief, il ev
dence al all
The Court You asked John Charles whether he had
any interest in the claim OF his brother and he answer
ed that he had not. They may satisfy the jury If they
can, that be had an interest IN II.
The witness. George A. Gardiner had $4,000 with
US before the award was made.
The Court That the amount arising from the
sale OF onelourth OF hs claim before II was allowed
[Here the witness read the letter which he had writ
Ten TO Mr. May. stating that George A. Gardiner bad
given his brother John Charles letter OF credit for
$40 0,o0o1
Cues. When was the letter OF ,red, gwen, and when
paid
Ans do not know when il paid, or how much
[rhe witness then requested to produce an ex-
tract from bis books with reference to the maer.]
James X Partrldge-exsminalion ressned.
interview with Don Manuel Vsrastegui. al Rio Verde
Ans Yes, sir
dues. tHandns the wiines, Gardner's red book Of
mining accorns presented 10 The board, and on which
his clam was passed. Dad you see this red hook and
this paper shown to Don Manuel Verastegni al Rio
Verde :
Cues. Did you show him his signatures to them
Ans did
Gues. wha, did he say about them
MIR BRADLEY. Do not answer until the court tells you
will submit, 10 the that the examination ol Mr..
Partridge in that respect is no, rebut.ing proof ;,
Mr.. Mar. We propose now to prove what verss,e-
gui (who is the author Of these papers) said about them
The court will recoIect that we only offered two pas
sages in this red book for The purpose Of showing The
precise location OF the alleged mines The book signed
by the averser and used by him After this proof,
we read the passages referred TO We did not o1ef
refer 10 Verasteguis certificates They were read by
the counsel The other side and they also offered the
certificate and letter OF Veras,egu affixed and annexed
to the alleged order OF e&ptlscu.
We offer by evidence OF equal drEfes and author,
ity that his book and this order were both invented and
fabricated by Verastegu We oder hs own declarations,
mads to the commissioners OF the Senate upon view OF
those original pzref5 We are prepared to show by Neras
tegus statements, made urdcr these circumstances,
mat ne MADE lnOSc papers LOT SUN W INJURY Nh''p
the raverser promised pay him for the service and
that there is word OF truth IN them or ebef OF
Them bu, that they wholly false and fabricated
isb in tb. satisfactory 10 show the Jury that tey
oug 10 repudiae aud dscred these papers now reed
on by the defence as genuine and twor,hy.
will further say that we intend TO ofer TO lhe Jury 'he
full narrative or history of this fraud, as given to us by
Don Manuel Veraslesui he figures as the principal ac
complice OF the tb. aooious business tie
has made voluntarily foil confession oil he Affair IRON
The eua~who got II up. who was concerned IN H. and
every principal and Interesting fact connected Win ~
from The beginning the endand that the whole claim
utterly false and fraudulent and never had inc least
foundation 10 rest on y,
We offer with this yerasegui history, letters written
10 hm by the since the claim was passed oy he
hoard showing continuation OF the conspiracy between
them and thus connecting these men together IN the De
fence OF this case. In this respect this question Is
stronger than that presented on the admssioy OF ne
letters Of Joon Charles Gardiner we Do mol h'nk ns
decision embraces the present proposii,on
We offer now the whole oi this evidence, or suon par
as the court may zee fl admit TO the consideration oil
the jury. .;,, aI
do no, intend 10 argue these questions; neither VIII
argue another question OF evidence IN this case nave
done with argument. | have merely stated our pfopo'
sition. !, -, ~, -
MIR CARLISLE. II we assume that the Red BOOK has
be,n Invented by Manuel Verasteaui, we cannot out
declare that his in venon il boundless All can say Is
thai no was the pefect hen he certified and sealed win
ibe seal of the prefecture the book referred 'o was
not only signed and certified by him. but oy he person
who is the secretary TO this day Tue declarations OF
Manuel Verastegui of all others, could not be admitted
IN a court OF law. They are mere hearsay. !.
The CouRr II is proposed 10 ask the witness what
Manuel Verasegu said about the Red Book and paper OF
exoulson With these offered letters OF defendant.
said 10 be addressed to Manuel Nerastsgu n
81 The answer 10 the Argument OF the United States ~,
l.e kun xr,fn IN fFlal