The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-05-11

for the jury-ths court msrssy saytag BY THE opin
ION that enough has eesa proved 70 wasvant the
introduction ~ far A. stated of the evidence.
The letter Of the l2th December. ls44, is coat.
on and after 9Th May, 1851. and excluded. except
the date Of L. T., No. s, a. evidence that the Wit
ness was at San Luis Potoa ON the 9Th and 10Th OF
november, 1851. The date of L. t. NO. ~ oc.eu
18th November, 1851. and the passage IN II, " Ien
ma the exact position of my brosber's mines;" and
the passage in the letter Of the esn may, 1901: u
IT,, No.4, my brother and H. pave ooo9n'a cnn'
these particulars Of the three ie''er' nAea arc @o
mitted.
Eis unnecessary to say how far this evidence
ought 10 be excluded not rebuttng-
The letters lin Spanish) bearing dates 9Th Nov
smber. 9th and 10th November, and 18Th Of Nov
embsr (alD 1851, were shown To the~jury for the
purpose Of seeing the dates, and . passage from
one Of them in The following words: Tell me the
exact position Of ny brothers. mnes-their dis
lance from Rio Verde, &c, &c--vas read. -
Another letter of the 9Th of May, 1851. was ad
rnitted 30 far related to the following passage
81 have already told you that my brother has, in
his own name great business, composed Of many
others; that we The snd ID bought between us.
This, when left, was about to be decided upon.
and now, doubtless, the sum for which they have
been acknow lodged has been named"
Captain Maddox, Captain Rowan, and Mr..
BoWes, the translator, we're recalled by the prose
cuiion, and were asked to look upon the two bro
theirs, Dr. Gardiner md his brother John ChAries)
and to say which of them it whom they saw
at MaEatlan. They all identified Dr.. Gardiner as
the person they saw there in 1876, proving, how
ever, their cross summation that thrr ac-
Quaintance with him OF the sli ghteet and most
Incidental character.
The same questions which were asked OF John
G. Gardiner, in reference to various loo alitee in
the vicinity of Maz,tlan, with the view Of testing
his memory and his truthlulness, were asked OF
these witnesses; and the answers which they gave
generally concided with those given by MIR. J. Z.
Gardiner on bis cross-examinatiou by Mr.. May.
The witnesses Jones and Lewis were called for
he rms nm IN I'd
defendant in Guadalajara and Guansjuat in the
fall of lS45. They reiterated the evidence which
they gave in their examination in chief. which has
already appeared in the R,public, and which II
would be useless to repeat. They were interroga-
ted as to various localities in and about these
places. and corroborated in every essential pari-
cular the description of them given by J. C. Gar
diner.
The witness Jones identified the defendant in
consequence of having passed him in the streets Of
Guadalaiara, and recognised him because stran
gers seldom went to that place.
The witness Lewis undecided in some i'm
portant partic ulars to which be had positively ties
tilted on a former occasion, but in the main he ad
hered to his former testimony.
Mr.. Partridge, recalled
Mr.. MAY. understood you to say that you hac
seen paper purportipg 10 be- mining title in tn,
office Of the alcalde Of Laguinillas!
AHs. Yes, sir.
Mr.. MAY, (presenting the copies of the title
proved By the defenda Mt to have been taken from
the game office in 1851. Is that true copy1
Mr.. BRADLEY 1 understood the witness, on biz
examination in chief,-to say that he Did not take
copy of 10.
Witness. | copied a portion of it.
Mr.. MAY. What portion did you copy
Ans. That portion which gave a description o.
the location of the mines.
CUES. Where is that copy which you Their
made
Mr.. BaApLky. He has Just said that he did no
make a copy, and in bis examination formerly b,
said he had only made memorandum.
The CoUsr. ] think he said he bad only made
memorandum, and not copy Of the paper.
Mr.. MAY. Where is that memorandum /?
Ans. II 10 among the Senate papers.
A long discussion ensued in regard to the pro-
duction of this memorandum pending which
The court adjourned.