The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-25
Mr.. BaADLrr. Was Captain Slocum present,

collect it. In ascending the range Of mountains
which It impossible to ascend in the ordinary
| gon, do you remember going to an open plain
through which little stream opens, and on the
further side of that stream two little huts, either
| going or returning from Laguiniilas to the minesl
Ans, No, sir; the only stream that crossed was
email stream going out of Laguinillas.
! Quse. Did you see a cave in the side OF the
| nountain. described by Captain Slocum?
| Ans. saw a cave before came to Laguinillas
! about a league from Laguinillas.
| Qses. Did you see any opening in the mountains
on your way from Legunillas to these mines?
las saw one and only one that can remem-
Der, in large Cliff. On my way from the refine
Fies to Trinidad the water was running out of it.
There were q number of little excavations, and
those are the only ones that can remember.
Cues. Do you remember valley called Lamon-
Ans. Iheard no place named except CarasaI
Cues. Were those furnaces sending forth smoke:
Ans. The lower furnaces were working when we
frat went there; and when we came back the up
per furnaces were working, and were running the
silver out saw some of it.
Cues. Can the smoke BE- seen at any great dis
lance?
Ans It cannot be. We saw it about mile and
half distant, but could not see further on account
of the mountains intervening.
CUES. understood you to say that the upper
hnery you saw is the little refinery?
Au. It was not in operation. | saw only
the time, although it was the neatest and finest
one we saw; that was the upper one. The little
stood alone by itself, and the little house oppo
site to it.
CUES. How many persons were engaged in these
refneries?
Ans. At the upper re6neries l suppose there
were from fifteen to twenty, and perhaps that
many at the lower refneries. l did not count
them. I only judged from seeing them as passed
there.
Ques. How far from the fret refinery to the near
est mine?
Ans. We passed round the road in going, and
in coming back
Cues How far from the first refnery9
Ans. 1t was about three miles. l think.
CUES. Which is the nearest mine to that?
Ans. Santa Clara.
CUES. How far was it to the farthest mine by the
road?
dns. cannot say exactly. because did not go
directly to Trinidad, which is the farthest mine.
should think it was about the same distance-it
may be a little more. From Dolores it is about
five miles.
Mr.. BRADLEY here explained to the jury the dis
tances and situation of the mine from the maps;
and be proposed to read to the jury the dispositions
which were filed with the memorial.
The DIsTRICT ATTORNEY objected to the reading
of the dispositions. The United States offered in
evidence the second series of dispositions which
filed with the mining title, for the purpose of
showing that they were forgeriee, and offered evil
dence to that effect The ground on which the
court admitted the evidence was in analogy to the
res geste. We did not offer the fret series Of de-
positions in evidence, and do not regard them as
evidence.
Mr.. BRADLEY. think they were read.
The CouRr was under the impression that they
had been read.
The DISTRICT ATTORNEY. They were merely
identified by Mr.. Evans, who was about leaving
the city.
If the court thinks they can come in as part of
the res geste, it will, of course, decide bot
do not consent. We object.
The CouRr thought it might have got it's i'm
preston that the first set of dispositions had been
read, from the fact just stated of their having been
identified The court of opinion that they
might now be read part of the res gestG.
Mr.. CARLISLE then read them to the jury, as
follows:
I'd No. l-1ranslation.]
Simon de los Santos, third constitutional alcaIde
and Judge of the fret plea of Cadereyta Jimenes:
On the day of the date hereof appeared before
me, in this court, in my charge, the citizen Don
Juan Soto, whom swore in all legal form, and he
deposed that from the month of July, 1874, until
the month of October. 1876, he was employed on
the silver mines of the American, MIR. George A.
Gardiner, situated in the Huasteca Serro Gordo,
department of Rio Verde. State of San Luis, as
perntendent of the Hacienda de benehcio) ref
merry; and that said Gardiner the only known
proprietor OF said mines, he having wholly estab-
and clean them out; that he also constructed
(hacienda de benefcio) refinery for extracting the
silver, consisting OF such machinery, furnaces, and
extensive buildings; and that said mines were
yielding abundant supply of very rich ore, and
the (hacienda) refinery extracting silver, and the
whole establishment was in the most prosperous
condition. when on the 2lst of October. of 1876, the
government of San Luis expelled all American
citizens from the States and that said Gardiner
expelled az American on the oath OF said month
and year, and by body OF soldiers, who obliged him
with maltreatment and violence to abandon his
said mines, which were taken possession OF by the
sodiery and that they pillaged and carried off all
they wished, and then set fire to the mines and
(hacienda) refinery, destroying them entirely;
that at the time aforesaid Of the expulsion these
mines were in a state of (bonanza) prosperity, and
that during the months of June, July, August,
and September, of the year, they yielded
upwards of $4,000 of silver, and that for the
month of October, had these mines not been de-
stroyed, they would have yielded about fifty thou
sand dollare; and that had these mines continued
in operation, their yield would be about $50 900
per month for the term of five or six years, and
that the expenses of working them during that time
could not exceed three thousand dollars per week;
that said Gardiner had expended in establishing
these mines and refinery, and in laying in sup
ply of materials for carrying on the buslnesssuch
as quicksilver lead iron, and steel-upwards of
two hundred and eighty thousand dollars, and that
all was destroyed in the manner aforesaid; that
these mines and refinery, the deponent is OF OPT
MON, were worth at the time of expulsion at least
five hundred thousand dollars; and Furthermore
deposes that his name is above stated; that he
is forty-two years of age, native of Zacatecas, by
profession miner, and that the time to which this
deposition refers he resided the said mines of La
Sierra, and that his occupation was that of super
intendent or the lhacienda) refinery; that be is
that he not tie agent ~ as
said Gardiner, of any person interested in his
claim and that he has interest, direct or con-
tingent, in the claim to which this deposition
refers.
In witness whereof, he signed it with me, the :
aforesaid Judge, and witness present with whom
oficiate in ali legal right, in this city of Cadereya
Jmenes, on the 2lst of September, lS49. To all /
bear witness.
JUAN SOTO,
SIMON DE Los SANTOS.
Witnesses JESUS Ma. LOCO,
FL certify, in all legal form, that am not the
agent or attorney of the claimant, nor of any per-
son interested in the claim to which this deposi.
ton refers; and that have no personal interest
therein, direct contingent. | further certify
that the deponent is personally known to me, and
that bis oath is worthy of all credit. also certi-
fy that this deposition has been reduced to writing
in my presence by the scribe, jesus Ma. Lozano,
and that he has no interest In the claim TO which
this deposition refers, agent, attorney, in any
other way whatever; and that this deposition has
been read by me to the deponent, and be has APP
proved it as being in accordance with bis pledged
oath and, that it may answer its desired Object,
give this, and sign it. with my assistant witness
e., on the 2lst September, 1649. bear witness.
SIMON DE Los SANIoS.
| Witnesses: Jxsus MA Loao,
DoMiNGo RUIz
ConsuLArs OF THE q. s OF AMERICA,