The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-03-23
Witness. had the impression that YOU saw it

Mr. CARLIsLE. No, sir; never saw 1t.
| Watness. You talked about it, and supposed
| that you saw it.
/ Mr.. CARLISLE. No, sir; / was anxious to see it
and talked about it, but / did not see it.
Witness. presume you are right about it, be
cause recollectI had an order not to show it Il
anybody.
did show it to anybody?
Ans. think it very probable that did.
sues. Were you not on the grand jury!
Il Ans. Yes.
j Cues. You must have shown them there.
4 Ans. Yes
/ Cues. This first leaf has been separated, under
stand you, and you have several times seen it sep
araed from the other papers?
4 Ans. Yes.
Cues. Do you recollect showing them to Benja
min E. Green?
Ans. Yes, was about to mention that show ee
them to him. had them also exhibited to th,
Cabinet by order of the President of the United
States.
examination-about three weeks after the aware
was declared-there was some talk about tbs
1 case?
Ans. Yes.
Cues. Do we understand you that there had
been public talk, or a table talk, or what3
Ans. 1t was a hotel talk at Wizards hotel.
! The DISTRICT ATTORNEY. From your previous
| inspection and examination of these papers, car
| you say that these papers were ali before the
| board?
| Ans. | am sure that the first paper was--the
| paper marked ssNo. 90 on the back and GA No
| ~ on the face of the page.
| Cues You say that you compared the original
with the transatons?
Ans. cannot say whether / compared them
infinitely with the translation / made general
examination, and found them to be correct trans
| lations. @. EE E
Cues. You know that this was the paper emo 81
that was filed there and handed over to you?
| Ans. Yes. &E
| Cues. From looking at the papers now, can
| you state whether these subsequent papers were
| before the board?
Ans. have no doubt that these were all before
the board. -
BY Mr.. BRADLEY. And you do not see any diff
ference, except in the points which you have
| stated, between the appearance of the papers at
! the time you first saw them and their present
appearance? @s . 'ea
Ans / have stated all the difference which /
observe. 5e.@ a-@-E #s SODA .I
Cues. Could you, by running your eye over
| the paper emo g." determine whether it is cor
rect translation? @ ~ E '1+8H
Ans. | recollect this paper for one striking
reason, which would like to mention It is
written in very good handwriting for a Mexican,
and a Mexican who would write a hand like
that ought always to spell well; but the spelling
of this is very bad 49, nd 9
MIR. BRADLEY. Is it a copy? ~sI
Ans. 1t is copy. '< -
MIR. BRADLEY. Then the man who wrote it is a
copyist; it is not to be supposed that Mexican
copied it? " $50 .. r-5" ,7
1nS i 90 not know ABOUT that l had nothing
to do with the copying; only state that recoi
lect this paper by the bad spelling the word
Uera, for instance, is written with instead of
| ., SC. -
George Evdns, recalled.
papers shown.) These papers were before the
Board of Commissioners. f=,.. ~ ....-.-
CUES. Were they examined by the commits
sioners before you made your final award? >r=
Ans. have no doubt they were. One is in Span
ish, which is language l do not read, and i did
NOT examine it closely, and Ispeak of that there
fore from its general appearance.
Cues. Were they filed at the time you made
your fret decision on the claim?
Ans. They were not. They were not filed when
the memorial and great deal of the evidence was
filed but at later period. There is no mark on
them showing when they were fled which ia
somewhat singular, for the board have given gene
raj directions to the clerk in all cases to make
minute of the time on all papers when they were
filed. In this case he did not do so.
Mr. BRADLEY. They may have been in an en-
velope and the mark may have been made on that.
Witness. That may have been the case. These
papers may have been filed in the autumn of 1850,
or the winter succeeding. They both pre-
party presenting any paper in foreign tongue
should file along with it translation. These papers
were not before us at the time of the examination
OF DIR. Gardiner before US, of which spoke the
other day. .- 80 :
CUES. Had it at the time you examined it the
seal of the American consul at Monterey!
dns There was a consular certificate at the foot
OF both papers; it was in English to the original
and was copied in the translation that certTfcste
is dated the 26th of August, 1850; the paper must
have been filed after that.
Cues. Have you any recollection of any mining
title or abstract of title being before you in this
claim of Gardiner - t =.
Ans. There was, and think this was the only
one; If there was any other have no recollection
of it. @' s." 80 .
CUES Were these and other papers those on
which your award was made? .s<
Ans. These and a number of other papers were
the ones on which the award was made at least
have no doubt of it, though cannot speak SO posi-
lively as if the papers had been in my possession
ever since. -s@ F.
Cross-ezamined. Cues. Do you know Mr.. Philip
G. Johnson, of this city? -" -s@5 fr#
Ans. Yes, sir, do. sss--
+" Cues. Do you remember having any converse
ton with him the subject of this claim If so,
state what took place?
dns. Ido. 1t was just before the or gan cation of
the commission. had conve rsation with him.
1t was the morning after got here, and had not
then determined to accept the place; on the con-
trary, had concluded not to do so. 1t was quite
early in the morning, and he called on me at
Browns Hotel; he said that he was acquainted
with gentleman who had large claim which
would come before the board. and who had made
him very liberal offer in relation to it; and said
the gentleman wished very much to have the claim
got through. He said he was clerk in the Navy
Department, and wished to know from me if he
could appear before the board as counsel to prose
cute claim against the United States. told him
the board was not yet organized, and that did not
know should be one Of them, as had not yet ac-
cepted the position, and knew nothing about it.
But said that had hesitation in telling him.
as my opinion, that the board would not exclude
any one from acting counsel before it.. He said
he was afraid he would lose his situation if he were
seen prosecuting the claim against the United
States. told him that was matter between him
and the head Of his Office He said he was anx-
lous to complete his arrangement with Dr. Card.
ner, Che mentioned the name,) that the amount
was very large, and the commissions offered were
very liberal, and would amount to large sum
Cues Did he state any amount?
Ans. have no recollection that he named any
amount. did not examine the paper in Spanish
with the view of reading it, it was the duty of the
secretary to see to the translation Judge that
this is the same paper only from it's appearance.
the color of the paper, &C.. ] noticed particularly
the seal Of the consul, as attached more import
ance to that than any other part of it.
The CoURT. Who was the consul?
Ans. C.. w Mathers; he was the vice consul at
Monterey III 3 zr-s B
To Mr.. MAY. + have no doubt that looked at
the papers and seals when they were before the
board. s. | have no idea that am mistaken in SUP.
posing these to be the same papers. am sure this
is the same paper.
Mr.. BRADLEY. Did you examine them 30 as to
enable you at this time to say that each one of these
al signatures and seals before you in lust the
l 4 - $685. Al