The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-26


not right to ask the witness the circumstances
under which that letter written?
The Couar. You have right to ask him when
that letter was written.
The DasrRfcr ATTORNEY. | understood you to
say that you stopped at WIlard's Hotel. Please
tell the court and the jury how long you stopped
at Wizards Hotel; when you left there, why you
left and where you removed to?
MIR. BRADELv. do not think that is admissible
The Couar. There may be some connection about
II, which do not see at this stage Of the business
The DISTRICT ATTORNEY Supposing the witness
answered that he left it to get rid of importantly
MIR. CARLrsLE. Suppose ne left there because the
United States said that be shoul0s
The DisrRfcr ArroRsnY. Then that would be
god send to you.
The Couar. lido not see what that has got to do
with the matter.
MIR. CARLIsIx. Has not the witness stated that a
countryman told him that he need not expect more
than dollar and quarter day and his mileage;
and when he told him that be told him the TRUTH
The DrsrRrcr ATTORNEY The witness has also
| testified to the importantly,
The Couar do not see what that has to DO with
the matter, because at this stage of the business,
Mr.. Hoic has not been examined, except as to the
| handwriting; and you are now attacking man
who has not been examined. That is not now al
loweble at all.
Il The DrsraIcr ArToaSxv When did you leave
Wizards Hotel, and where did you remove TO, =
Ans | DO not precisely recollect the day left
/ WIZARDS Hotel but removed from there TO the
/ Avenue House, after having lived at WIZARDS
|
how many days, however.
Re- termination.
Mr. BsADLxx. At what time did you arrive at
| WillRrd's Hotell
4ns. must have arrived there on the goth oil
| February, or theresbouts-
o,ses Was the $40 Of which you speak, your
/ hill at Wizards Hotel, or at the Avenue House,
! 4ns | would ask your honor whether IL ia pro
nsr that such questions should be put to by the
| learned gentleman | think | have answered
fully by shosing how much bad received
The Cousr. do not see the object of it, con-
Mr. B.ApLEr wish to know whether he had
friends dining with him every day, and hne wines
on his table at the expense of the United States,
/ or not.
Mr.. MAY. The Government will pay him what
| Il thin ks just. you may rely on that.
| The CouRr do not think that ID beon gs TO the
oonrt to regulate the expenses of the Government
| in this matter. Those who have charge of the
| finances of the country must do that.
Mr.. BsApLxv. expect to show that the witness
/ ia nov and has been since arriving here, living
NJ w hat would call extravagsnt rate, and that
] the gnitsd States are to pay all his expenses.
The Cousr lido not think il would do for the
court to make an inquiry about the matter
II The DtsrsIcr ATTORNEY. 1t was stated by Mr.
| Nav very fully on what principles the witnesses
from Mexico we're to be paid; bot il does not fol-
low that the United States obliged to pay every
one Of their bills The witnesses TO be allowed
q fair compensation.
|
think the court ought to inquire into such things
The matter belongs to another department OF the
| Government.
large sums Of money would necessarily influence
! the minds of witnesses; that the law provides q
! uniform compensation for mileage, and one dollar
and a quarter per day for attendance to each wit
ness; and that he did not know of any law which
would authorize the giving of any more or less to
any witness that the fact ught TO go to the jury
| for what il was worth IL was always disa greeabls
for him to inquire into the private concerns of
man; but In this case a sense of duty would com
pei him 20 cay that the question was proper one
! and ought to be put, and ought TO be answered.
| The CouRr do not think il would be becoming
for us, unless compelled by some rule Of law, tc
open an inquiry Of the kind. IL belongs to anothel
branch of the Government. The United States
must regulate that part of the matter, in the pros
ecutioD as il thinks best You have already plenty
Of evidence that these gentlemen are not paid a
the ordinary rates, because their circumstance.
are peculiar. Mr. Togno said that be got FIVE dol
lars day besides his expenses, 10 support hi'
family.
Mr. Mar stated that neither Mr.. Wright NOS
! Mr.. Togno were brought here by his order, but by
the order of the late President of the United States
| made through Mr.. Letcber, who was our Minister
at Mexico. They came on here before be had any
connexion with the case. They went back to theii
own country after having given pledges to th,
District Attorney that they would return. As L
the other witnesses, be would frankly state tba
ne had authority from the President of the UniteC
! States to make the best arrangement ne could f0l
their expenses and losses under the circumstances
| The Government had no compulsory process tC
| bring them here, and unless indemnify made
for their expenses and losses they could not be go
/ here He would show the Authority be had from
! President Fillmore. He bad offered to do so be
! FORE
Mr. BRADLEY thought it was not just to his eli.
ent that Mr.. May should be allowed to make such
statements.
Mr. MAY only repeated what he had stated be-
| FORE and to which he did not suppose there was
any objection. As the court properly observed, il
matter left to the discretion of the Executive
of the Government No specified compensation
having been fixed, il is a matter which the Presi-
dent OF the United States and the accounting Off
GERS must settle as they may deem just and right.
Mr.. BsADLEY thought the question was, as to
what influence wrought on the minds of the
witnesses. They are brought from a distance, and
were TO have their expenses paid, whatever these
expenses might be.
The DIsrzIcr ATTORNEY under the impress
sion that the question had been decided.
Mr.. BsADLEv submitted his point in writing
He inquired of the court whether il not COM
petent to show that the party calling witnesses had
offered to pay their expenses, their BILLS for wines
| fine dinners and servants, &c.
The Cousr. 4 do not think the court has any
right to inquire into the mode OF living of the wit
ness. He has made bis arrangement with or with
| out law if without Law, it will no doubt be in
| question cannot be put
VViHiar K Glover, stcorn
Mr.. BRADLEY. Were you consul at Monterey
| in 1S49 and 1880.
Ans l vas; was absent part Of the year.
! Cues. Who acted in your place when you were
i ABSENT
Avs Mr. Thomas w Mather.
CUES. Do you know ths seal of the State of New
Leon, and the signature Of its governor and sec
! rotary?
Ans. Yes, sir.
CUES Have you seen it in the course of your Of
fetal business9
ans. Y es have, very frequently.
Ques. (Handng TO him the mining title.) Ia
the seal affixed to that paper the seal of that State
| or noR
Aus Yes, take it to be the seal of the State Of
| New Leon.
Ques. Are the signatures to that paper those oil
the governor and secretary OF the State of New
\ Leonl
(, Aus do not recognise the signature of the
/ Governor, because be was not acting such when
i | was there. Governor Barras died while was al
! Durango. He was Lieutenant Governor, and
when Governor Barras died, became Governor
vidsuri was the Secretary of Governor Barras
| and Afterwards Secretary OF the Lieutenant Gov
ernor when he became Governor.
Mr.. MAY. Did you ever see Mr. Vidaur
| writer
Ana. Yes, have.
Ques. aave you received papers signed by
him2
Ans. have, both in my official and in my Pri
, yate caDacity