The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-05
THE GARDIHER CASE.
CRIMINAL COURT FOR THE DISTRICT OF
COLUMBIA.
EIGHTEENTH DAY-F,sday. Apri' l..

REPoRrBD FoR THE RnPUDLIC.1
EIGHTEENTH DAY-F1lay, Apsi' l.
In conrINUArIoN.J
Mfr. P~tridgs recalled.
Mr.. MAY. 1 understood you to say you made IN
quiries for Mr. Manuel? -
,h;. - v;d.ncs hefore you 20 further. Let us a.
certain how far it 10 competent to ask Witnesses |
whom they have inquired for and what answer
thew received
A. NV don't ask for the answers
Mr.. BaApLEY. Then the answer to the question |
will not be evidence, not being pertinent to the |
The Couar. think there 10 no use in asking |
such questions. a. the answers cannot be in evi-
dence.
Mr. May. Can it not be asked whether ouch per-
sons found or not? We propose to ask the
witness generally whether he made certain in
quiries, and what was the result propose to ask
generally whether inquiries were made for certain
persons, and whether they were found or not.
The Couar. Ny opinion is that the true way il to
bring somebody from the place, who has known
the people there for years, and whether such and
such persons wero residing there or to be found
The witness can then speak to q fact
Mr.. FRnDALL. The defendants memorial states
certain fact al to the existence of certain persons
in certain place. We propose to show that after
found.
The CouRr. But you must show that by compe
tent evidence.
MIR. FEsDALL. We are endeavoring to show it
to endeavor to find them, and after the most dgent
search they failed to find them. If the court
not allow the witness TO say that he made certain
inquiries, because the counsel for the defence
thinks that it indirectly involves inference, we
can surely ask MIN whether he tried to find those
persons there, and whether not he did find
them.
The Counr. The best way undoubtedly would be
to bring some who has resided in the neigh
borhood. If the witness tesfes that he made these
inquiries and did not find the persons, it amounts
to nothing.
Mr.. FENDALL. But suppose he answers afir-
matively?
The Couar. That of course will alter the case
altogether.
Mr.. FENpALL. Then we do not know-or at
least not presumed to know-what the an
will be until the question is asked and an
swered.
MIR. CARLISLE. i do hope that my friends on
the other side will be content to get their convic
ton by fair and honest means, and not make these
constant efforts to travel beyond all rule and au
thority to effect their end. If the defendant is to
be convicted, let him be convicted upon legal tea
timony, and not upon hearsay.
Mr.. FENDALL. hope the counsel on the other
side will not get excited on the matter.
Mr.. CARLISLE. There ia not much danger of
that; the excitement has been all on the other side
80 far.
Mr. FENpALL. We offer to prove that Mr.. Par
fridge went there for the purpose of endeavoring
to find men. and could not find them What 10 to
be the effect Of such testimony 10 another matter.
If he did not find them, why Of course he proves
nothing ia regard to them.
Ito witness.) Did you see any such man there
Mr.. BRADLEY object to the question. as being
wholly irrelevant What has he to do with In.
guinas or any thing else? 1t ia said in that book
that there is charge Of 30 much money paid 10
Manuel Saldierna. Now does that item in the
book of accounts pretend to say that Don Manuel
Saldierna lived in that country? He might have
lived in Baltimore or Philadelphia and had claim
upon the land or upon the mine.
The CoURr. / really do not see the use OF going
into questions of that sort.
Mr. MAY. Then to understand your
honor refusing to allow US to ask such questions
az whether the witness saw such and such persons!
The CoURT. Certainly not. But you have already
intimated that the witness will answer negatively,
and we think the question in such case irrelevant.
1t is only putting the same question in another
shape. ! really see no use in a negative answer,
because it proves nothing.
Mr.. MAY But your honor would not rule out
the question if the answer wers Affirmative
The CoURr. No; because that would be fact.
Mr.. MAY. But if the witness did not see such
persons, is not that fact?
The CoURr. Certainly not. 1t ia the absence of
fact.
Mr. CARLIsLE When the counsel for the Uni
ted States say that they know the answer of the
witness will be that he did not ace these persons
there, then know the object for which the ques-
ton IL asked.
Mr. MAY Certainly ITO the witness) Did
you go to Guadacazar to find persons by the name
of Iraqun Espaniosa. - Simpson, and -
AriIIana?
Ans. I did.
Cues. Did you find them?
-4ns did not.
CUES. Did you make inquiries for them at Rio
Verde?
Ans. did.
Ques Did you find them?
dns did not find them.
Cues. How far is it from San Luis Potosi to Rio
Verde?
Ans. do not know how far it ia by the nearest
road; but by the road went it ia from eighteen to
twenty leagues by way Of Guadalcazar. We were
,b,,x fuyoa and half davs inn TO hia MIA
Gus" Did you make memoranda every day?
Ans. did,
Qres. How far is it from San Luis Potosi to Rio
Ans. We left San Luis Potosi on Sunday, the
18th of November, and that night we got to La
guinias. Witness described the route they ira
yelled, and the distances from place to place till
they reached Camotes, from which place they went
to Rio Verde in one day)
CUES. Did you visit the district of Laguinillas?
Ans. did. We went through it.
CUES. What do you mean by going through it
dns. We went from north to south, and con-
siderable portion Of the extent of the district from
east to west.
CUES. Say what towns, hamlets, villages, &C..
You visited in La9uinillas, and what you did with
respect to fading mines, &C.?
Aas We went to Laguinillss through the vii
lage of Pepijuan, which ia nearly on the northwest
boundary. We stayed there short time, and then
went to Laguiniilas. We there endeavored to hnd
mine.
Mr.. CARLISLE. At the village,
through the district from the time we passed the
boundary till we got to Arroyo Seco.
MIR. May. Did you find any mine2
dns We did not.
Cues. What is the character of the country
Ana. IL Is exceedingly mou infamous.
CUES Describe it?
Ans. There roads there nothing bat bri-
die paths. say no road in all Laguinillas-no-
thing that could be called road. 1t would be i'm.
possible for any wheeled vahicle to pass through
it. saw no wheeled vehicle there.
CUES. How the roads round the mountains
Ans. 1t is an exceedingly rugged country.
Ques. How is it, then, in regard to transPorta-
ton of things2
Ans Transportation, should Judge, is done oil
together upon mules and jackassesr / saw no
other mode of transportation there. There 10 very
little cultivation there; it ia grazing country.
CUES. Did you see any steam engine there, or
parts of a steam-engine?
Ans. saw none.
Qaes. Now, ask you whether a steam engine
could be carried there!
Ans. From my knowledge OF the country,
should say il would not be possible.
Qxss- Did you see the southern boundary stone'
Ans. | did.
Cues. Where was il?
dns II was in sight of place called Commu