The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-05-13

signed by Jose - as constitutional alcade; wheresa
all the other psperslha is those which preceded and
followed ..
Mr. Bradley objected TO the witness proceeding fur
ther.
MI May Cannot we show that The man who signed
The deed did not sign the papers which preceded ana ioi
Mr Bradley Mt Partridge has stated that the other
papers bad no connexion with II.
The witness, They had none in the world
Mr. May. understand you TO say that that was the
only mining title on record
Ans. Il was the only one that we could lind.
Mr. Bradley objected
The coun. do no, think that is strictly in ev.
dence.
Mr., May, Do you know where the letters signed by
John Charles Gardiner, and which read TO the jury
the other day. were obtained,
| Ans Yes cir,
Mr. Bradley | submit to the court tha, that is not
evidence.
The Court | do not think that ii is
Mr May. II is part OF o9r case 10 show how got
The Court It is par, of your case to show that John
Charles made them, If you can.
! Mr. May. We desire to show that they came TO the
person to whom they were addressed
The Court is OF opinion That this is not rebutng ev
dencelha does not rebu anything that the defence
have given.
The District Attorney. The letters. to some extent by
the decision OF the court have been permitted TO 30 to
the jury, aud uness they come in as rebutng evidence
they could not in at all They were part OF our
reba.n evidence and we bage proved them to be in the
Handwriting Of John Charles Gardiner We now pro-
pose TO show how obtained them. @
The Cont Had they dropped from the clouds, 1t
would mol nave male dlHerence. me Quesuon s,
were they the work OF the witness, John Charles Gar
diner?
Tie District Attorney, There is objection on the
ground of its not being evidence
| The Court. do not think that il is evidence OF any
thing, lebuuing or Otherwise;
stand, asked him whether he had corresponded with
Verasegui He said that~he had, and thereupon pre-
scented him with these letters, which he refused to ad-
Manuel veiaslegu Now. 4 wan, to prove that these
letters received by Manuel Verastegu from him.
and IN that way 10 contradict him
Mr.. Bradley We waive The objection, TO save discus
Mr.. May. Handing 10 The witness the letters :. T.
No a, 5, g. and H." and the petition from John Charles
Gardiner TO Domingo Chaves, all of which have hereto
fore been publishedl Doyou identify these letters
| Mr Carlisle. When did you first see them
! Ans. first saw them in Rio Verde:
| Cues Were you present when they were deiveIed'
Ans Yes, SIR they were delivered sy Manuel Veras-
Ans. Ans Mr.. May " - " No. ~
Qaes Was there anybody else present.
Ans. There nobody else present belonging to the
commission Mr. Richter was present.
Ques. Who is Mr., Richter
Ans He is Prussian.
Ques. Did he speak English
/ Ans Yes, sir
Mr.. Bradley. suppose that he spoke Spanish, Of
Ans Yes, sir.
Mr.. May. Handing the witness the letter from the
governor OF Queetaro, and also The map given TO the
Senate commission BY that governor.] Have you any
recollection OF those papers'
} Ans Yes, sir have seen them before. The appli-
cation for that map made IN Queretaro.
| Cues. By whom was The application made
Ans BY The chief OF The Senate commission, in let.
| Ter addressed 10 The governor OF QueretaTo.
Cues. Was that on your way up into the country
Ans. Yes, sir; the fourth day before we got to San
/ Luis.
Quss Was the map enclosed in the envelope along
Ans / think the letter was enclosed in an envelope.
The map came 10 Rio Verde.
Cues Is that letter from the governor OF Queretarol
1 Ans, Yes, sir.
Ques. Was the map received at Rio verde'
Aus Ii received either al Rio Verde or San Luis,
but think il was at Rio Verde. II may be that 1t was re-
ceived al San Luis.
! Ques Do you know wha, the character of the appl
cation To the governor wasi #
| MIR. Bradley. | would ask the counsel on the other
side whether they have copy of the letter sent to the
MIR, MAY. We have not. In going up TO the State OF
San Luis, application made by as head OF the
Senate commission, 10 the governor OF QueIearo, in
passing through his city, Tor copy OF the mos, au
hentc and recent map OF that part OF his Stale which
lies contiguous TO Lagunillas The letter was put in
Spanish and sent by the witness TO the governor and we
desire him 10 state The contents OF it, that the court and
jury may know that the map which presented is map OF
only part OF the State Of Qaeretaro and of that part
which lies Immediately south OF Lagunlas. .
The DsTRIcr ATTORNEY. The best evidence ia the lei
ter ITSELF the next best evidence Is copy OF The letters
but where nope exists, and is impossible TO produce
one the next bes, evidence is that OF the witness.
| The Court You cannot use the copy unless you have
used due diligence 10 obtain the original.
The DIsrRIcr ATTORNEY Where there ls no copy OF
letter. and the original is the possession OF person not
within The jurisdiction OF this court, we cannot compel
him TO give II up. -
The Court A written instrument cannot be gwen IN
evidence without showing that the original has been lost
destroyed that II Is IN possession OF an adverse
party who refases TO produce on notice and perhaps
the rule extends where the paper is possessed by
person without the jurisdiction oil the court would
be better evidence than verbal statement OF the
tents OF paper There is no degree in secondary evil
dence but STILL before you give evidence OF The con
tents OF paper i must be shown, IN some way or the
other, that the original could not be obtained
MIR BRApLEY. II the letter were here il could not be
admitted
The Court do no, think il matter of consequence
any way map is evidence OF nothing except as dia-
gram TO exhibit Some must haiti is correct
Mr. May. We to offer witnesses to testify TO ns
correcness NY desire is 10 show the authenticity
OF the document The court decided in respect to the
treaty map that the authouly due TO u was because II
came from the proper depository and that had II not
come from the State department. il would not have been
| rule.
The Court. No; for this is map from aforeign gov
ernment
MIR May bring map here OF the State OF Quere-
aro, obtained from its archives, where by law ought
TO be. II wanted copy of the map OF Maryland
should TO Annapolis and ask The TO furnish
me with the best copy OF the map of that State The
coun would give respect TO such copy than OF
the same State obtained in North Carolina The States
of Mexico lay down their boundaries, and their
maps descriptive OF these boundaries the bes, ev-
dence.
rhe Court should like 10 have some authority with
reference to that fact because do not place much re-
lance on any map.
Nav I uuu min IN