The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-07

Usessquensiy itupp~n 4. .. : ss.iurs.sf u!rs1
value than two thousand dollars that y os'as
Qs.s. 81 u. d.positiss rsss1akths minins title.
or the mini1e title TO tnehepoc y.
A... ThS deposition v1sd'nslS refers to 'ds de-
Tirst. ssssus. the ...s ps.sse Who na. made
tho denoun smsnt l. IL bns VIZ has said that he
moved for - prooeedtng: -
Secondly. Because u deposeeon a. wei - the
deHopnceIneAt suPpoees the miua TO be situated in
one and the Same point.
Mr.. CAaLmLn. should really like to know
whether the witness 10 arguing the case for the
prosecution or giving evidence OF facts Of which
this jury to be the judges?
Mr. BaADLEY. Oh, he 10 = "judge" in the case.
IA laugh.l
Mr.. MAY. Tell him to look at the mining title
and the deposition, and ask him IL he is acquainted
with the signature of Bruno Olavde? kft
Ans. He knows the signature.
Qsss Has he received letters from him
Mr.. BaADL.r. Ask him what means he has Of
Mr.. MAY l was coming to that-inteuding only
to advert to the only two sources Of his knowledge
acknowledged by law. st5
Mr.. BaADLEY. The question is, DO you know
the handwriting of Bruno Oavide9" and the next
question should be, 'sWhat means he Of know
ing bis handw riting? v-foreE u
Mr.. MAY. What meAns has the witness Of
knowing the handwriting Of Bfuno Oiavide?
~
and publicly known in Guadnlcaxar, because he is
writer in the courts of that place, and authenti-
Gates proceedings a. an an assistant witness; and
because he, WITNESS account of his profession
of a lawyer, has every once in while had in his
hands proceedings in which the signature of Bru-
no Olavide figures more or less. alft,
Mr.. MAY. Isubmit to the court that that quail
fes the witness to testify to the handwriting Of
Olavide. 1r
MIR. BRADLEY. do not see how it does at all.
Mr.. MAY. Ask him if the signatures which he
saw were acknowledged to be authentic by the
| court in which they were made?
Ans. Evidently they we're, because they were
made to causes in progress; and, although he says
there was not positive decision of any judge
which said, ''This 10 the signature of Bruno Ola
vide," neither did anybody raise any question
about II. u seael.r sI.s,
CUES. Were these, or were they not, papers
| containing signatures that were acted uponl
Ans He has said chat they were cases that we're
in the progress Of investigation, and necs ssarly
Cues. Ask him to look at the signature of Bruno
Oiavide, and say whether or not, in his opinion, it
is true or false5 sts au-s sIa1
Ans. In his opinion it is not true, but false.
Cues. will ask him whether he knows person
| named Santiago Gomez?
| Ans He does. Gaf
| CUES. Where does he reside? su7o' sHi vi
Ans. In Guadalcazar asf IrGaI
CUES. / understood the witness to say yesterday
that he himself had resided in San Luis Potosi
| between the years 1914 and 1876 Did under
| stand him correctly set 4o ff
| Ans He has resided in San Luis Potosi since
lS4l.
Qu<s Up to what time?
Ans. Up to the beginning of 1850.
CUES will ask him if in all that time person
| named Santiago Gomez resided in San Luis Po-
| tosi!
Ans. He has not known any person residing
there, OF that name, in all that time.
CUES. Ask him if the person residing in G uadal
cssar is the only person of that name whom he
knows? 81 ,usltg
Ans. He is the only person Of that name that he
knows; be has mover heard that name applied to
| any other person.
Ques Ask him If he knows the handwriting Of
| the person of that name whom he knows?
Mr.. BRADLEY. AK him if he is Mexican or a
Spaniard?
Mr.. MAY. ask him to state what he knows Of
the signature Of this pers0n-the only one of the
name that he has ever known?
Mr.. BRADLEY objected; and long argument
ensoed on the question, as the reporter understood
it, whether Santiago Comes was Santiago Gomez.
The merits OF the question will he best under
stood BY the following statement and opinion of
the Judge: sss.eh 5t
The CouRr The prosecution proves that man
by the name of Santiago Gomez lived in Guadal-
caxar. The witness said that he (witncss) had
lived in San Luis Potosi from l84l to the begin
ming of 1850, and that he did not know a man BY
the name Of Santiago Gomez. merchant resident
In San Luis Potos, In all that tune Santiago Co.
meg, of Guadslcaxar, 10 the only man Of that name
whom the witness knows or has known. He never
heard that name applied TO any OF 'er man.
The United States now offer to prove that the
signature OF Santiago Gomez to the deposition &C
companying the mining papers of the defendant is
forged.
The counsel for the defendant object to that, on
the ground that Santiago Gomez isnot sufficiently
identified.
The court then say that the United States may
prove that no such persop as Santiago Gomez, the
deponent, exists; or, haying identified the man +.
they may prove the forgery. The witness saIes
IA OTnn n hat I'D < II N
tosi in lS46. where the deposition says he then
lived. And
Secondly. that the only man of that name he
knew resided in Guadalcazar. where the deposi-
ton was taken, in 1850.
This tends to prove that the handwriting or Gig
nature is not genuine. 1t may be very weak evil
dence, or the reverse. That 10 for the jury 10 de-
terminc. The fact of Santiago Gomez, Of Guadal-
caxar, representing himself to be Spaniard
whereas the deposition intended to be discredted
states the man to be Mexican, does not I think
prevent the admission of the evidence, though the
iact being brought before the jury may weaken
and it must be reasonably positive; but it 10 not
necessary that II should be precise or absolutely
exact. think enough is shown to let in the evi
dence, which the defendant may meet by counter
proof.
Mr.. BRADLEY. l hope the court will note our
exception.
The CouRT. Certainly.
Mr.. BRADLEY. Ask the witness when ne knew
this Santiago Gomez?
Ans. About the year 1913.
CUES. Did he know him Afterwards?
Ans. He has not seen him again since that day.
He was then a merchant, carrying business at
Guadacazar. He knows that by the public voice
and fame
Ques. Does he know whether be was married
man not? -
Ans. He understands that he was married He
knows that, because he 10 old resident IN Qua
dalcazar and has family. he (witness) has
not been tn Guadalcaxar except on his own bus
ness, in the house of the Of that place. where
be has known Gomez. He has been int oduce to
him two or three times one of the weslthiest
merchants OF that plnce.
MIR. FEEpALL. Now ask him whether he ia &C
quanted with the andwrit,ng OF Santiago Go
meg?
Ans. He has knowledge of the handwriting Of
Santiago Gomez, but It account Of having
received letters from him.
Cues. How has be got his knowledge?
Ans Because he has seen his signature on com
munications addressed to the curate oil uadalcazar
in respect to business that they both had in rea-
ton to quicksilver mines, which they worked in
GuadaIcaxar.
Mr.. BRADLEY. Gomez and the curate?
Aaf. Yes.
Mr.. FEHDALL. Ask him IL the lettere which he
saw were acted upon by the curatel
MIR. BRADLEY. What does be know about il!
Ans. They were letters relative to this business,
relative TO the division of shares that each of tn
owned in mines
NJ; FEfpAEL. Did they consult him as a law
Al.