The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-12

,tsam engine could not be earned over ~ any
By Mr.. MAY. do not recoliect whether the
United States ship Cyane waa At Masatlan when
saw DR.. Gardiner there, but 4 was there While
vas there. visited the ship, and saw Mr.. Rob
nson. one Of the ships officers; DR.. Gardiner
ten days. knew his brother Charles in Mexico.
Qwss This machinery Of which you spsak-did
it not come from Durangos
Ans. know that it came from Durango; but
where it came from before 1t reached Durango
Am unable to say.
Mr. MAY, TO the court.) There il . question
which will now submit tn the court We pro-
pose to ask Captain Doubleday whether in the dis
trict Of Laguinias be inquired for the mountains
spoken of in this mining title, and whether or not
he could find them. am not aware that the court
has excluded W. from making an inquiry into
purely physical fact as to the existence OF such
mountains. If the court has 30 ruled have nothing
more to say.
Mr. FENpALL. think the court ruled that we
mi ght inquire into geographical physical facts.
The CouRr. have said nothing about excluding
you from inquiring into physical facts, at all The
decision OF the court was one which related to
boundaries; and suppose, il that decision 10 cor
rect, believe it to be, it applies as we'll to noun
tains az to boundaries, a knowledge OF which ia &C
qured by reputation. They are both physical OBJ
jects, boundary Of country may be noun
tain or river. or both, is frequently the case;
and suppose that decision would apply to this in
quiry. mountain ia not any more physical
fact than boundary. think the rule of the Su-
preme Court of the United States 10, that know
ledge by reputation acquired after proceedings in
a case have been commenced ia Objectionable.
MIR. MAY. suppose may aak the witness whe-
ther be found any such mountains as those men
toned in the titlel
he found any such mountains, exclusively of his
inquiries regarding them of other persons.
Captain Doubleday, recalled
Mr. MAY. Did you find any such mountains as
those described in the mining title of Dr. Gardiner:
Ans. did not.
CUES. Did you look for them?
Ans. did.
Cr,ss examined by Mr.. Bradley.
Cues Have you not told US that you did not
leave the beaten track in going from what you
called the northern boundary stone to the south
western boundary. except when you went to some
slight elevations near the road for the purpose of
making an observation?
Ans. From some of these elevations you can see
the mountains all around.
Cues. And how could you find mountains with
certain names? Did they speak and tell you what
their names werel How could you look for these
mountains when you did not know them?
Ans. looked for them upon our route.
CUES. Then your search for these mountains was
from the roads to the submits of these little eeva
tions to obtain views?
Ans. Yes.
Cues. ask you if you looked over the title deed
u LIT. O6FOlueTp WHICH you IOunQ In the ONCE OF
the alcalde at Laguinillas?
Ans. went into the alcalde's Office while some
of the commission were looking a paper pur
porting to be title deed.
CUES Did you look at it yourself3
Ans. / did.
Cues. Did you read it?
4dns. did.
Cues. And it purported to be title deed'
Ans. 1t did.
CUES. Did you find the names of the mountains
you look ed for in that deed9
Mr.. FENDALL. You can produce the deed, and
see whether they were there.
Mr.. BRADLEY. I should really like to know how
you were going to find out the existence of these
mountains in Laguinllas, the names of which you
did not know, Or, if you did know them,
how you could find out their existence from mere
knowledge of their names without being told by
The CeURr. think you must produce the pa.
per before you can inquire to what in it, or
else prove that the paper ia lost cannot be had
by reason of some other sufficient cause. And
then you may inquire as to it's contents from some
competent witness
Mr.. BRADLEY. We have the paper, and will
produce it at the proper time. (ro the witness
Was It before or otter the receipt of Mr.. Abbot's
letter to MIR. May, the chief of this commission,
that you saw this title deed in the Office of the al
calde?
5ns. l think it was after.
CUES Was any copy taken of that paper deed
that you there?
Ans, think Mr.. Partridge took copy or part
of a copy.
CUES. Did the commissioners take copy Of the
deed not?
Aas saw Mr.. Partridge copying part of it,
it not.
CUES. Did you afterwards see any copy of that
deed in the possession Of the commission
Ans. No. Mr.. Partridge, being a LAWYER had
charge of these papers. | did not give them much
attention myself.
cues You say that you read the whole of the
deed?
Ans. / did
CUES. Did you. of the commission. go
into the places mentioned in that deed or not
Ans. inquired after places
CUES. don't want to know what you inquired
for. Did you go to the place mentioned in the
deed, or not?
Ans. could not find any such place.
CUES. You could not find it; how could you ex
pect to find it if you die not go' You did not ex,
pect the place to come to you? Was there not an
offer of a guide made to you to take you to the
place described in that deed?
Ans. Phe letter of Mr.. Abbot offered to pat us
in the way of finding guides, but do not know
whether the mine referred TO was the same or not
CUES Did or did not the mine men toned in that
pager correspond with the mines mentioned in the
title OF Dr.. Gardiner?
,4ns. ] think not.
Ques In what respect did they differ?
Ans. The name of Sierra Huastica was not
mentioned.
This mode ofinquiry was objected to, and con
siderable argument followed after which
The CouRr said You cannot speak of the speci-
hc contents of the paper without producing it.
Mr.. Partridge recalled
MIR. May. Did you try to find the mountains
described In this title9
Ans. On route? Yes, sir.
CUES. Did you find them?
44ns. No, sir.
2ues Did you see the Sierra Madre?
Ans. believe that spur of the Sierra Madre
does run through Laguinillas, but not the Cerru
Gordo, or the Huastca.
Ques. Had you any order from the project Of Rio
Verde?
Ans. We had.
Cues. Was that order ever shown, delivered, or
useds
Ans Never.
Cues. Nor copy Oft?
Ans. No, sir.
CUES. Nor it's contents slated?
Ans. No, SIR
Cues. Was any allusion made to it in Lagui
nillas?
Ans. Not any.
CTossesaminsd by Mr.. Bradley.
Ques. Were you in the Office of the alcalde at
Laguinilas with Mr.. May?
Ans. Yes, sir.
Quss. More than once?
Ans do not know that was.
Cues. And do you mean TO say that nothing was
said to the alcalde of Laguinillas about order
from the project of Rio Verde?
-dns. No, sir.
Ques. Did he not state that be had received a
P.onunciapento, informing him that Francisco