The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-05-11
Examination resumed

which of ihen il was you saw at Mazatlan. -
/ Ans The accused is the man. without doubt. II
would be idle TO think otherwise
| Ques. Yon mean George A. Gardmer2
| Ans. Dr. George Gardiner. the accused, is the man
whom saw at the place. never knew The other one
Mr.. Bradley How long were you at Mazaan in the
| spring Of 1s46
Ans. arrived there on the goth OF April, and re-
NAMED until the 18th day of May.
Qaes During that time were you on board ship or on
shore' .N #
that was there visited the shore every day, unless
we had gale OF wind. something of the kind, which
woald prevent my going. most generally returned al
night.
| Cues. To what ship were you attached
| Ans. The United States ship Cyane
| Ques. Where did she lie at that time
/ Ans. About Two miles from the wharf.
| Cues. What was the character OF the wharf there
Ans There was wharf there at least fifty yards in
| Ques. Was it of wood or of stone /
Ans II was bound round partly with wood and partly
with stone
Ones. Was there quantity Of timber there which
mad not been put into the wharf, but which after
wards used by Commodore Jones for block housesl
| Ans do not think that il was there at that time
1 do not Iecoeci about it. ~
Cues. In what direction did the point of land to which
allusion has been made run out from the town.
Ans l think that il was little 10 the east Of south
do not particularly recoec the points of the compass
but think that is the direction.
| Cues. On which side of the point OF land was the
wharf!
| Ans vi thc icit cuc lIOu tOWn Oh lne norm
east sde #
oues Was the wharf neares, to the point of land or
the main land'
Ans The point ran to some considerable distance be
yond the wharf into the
| Cues Do you recollect what the point OF land was
calied
| Ans. / think II was called The Creston.
Cues understand you to say that the wharf was on
the northeast side OF the Creson, and that the point of
land projected further into the sea than the wharf!
Ans. Yes sir, considerably.
| Cues. What 10 the distance between the wharf and
the nearest part of the town!
Ans There are houses near the wharf, and forming,
think, part OF the town. Messrs Mott and Talbots
house was nearly half mile from it,
Ques Was their house directly on the shore
Ans No. sir, 1t was more 10 the interior of the city
CUES On which side of the point of land did the yes.
sells le9
Ans They lay to the northeast on the left hand,
looking out into the sea-
Cues. Were there any vessels besides the Savannah
and the Cyane there on your second vistI
Ans Yes, SIR. the Colng wood. an English seventy.
besides the Savannah and the Cyane.
Cues. understand you 10 say that there were three
American vessels there, and only one English one'
Ans. think there several English men-of- war
there. There was one the name OF which forget II
was sort of razee friga,e think the brig Frolic
there think that there were at least three vessels Of
the English service there.
Ques Did you form the acquaintance OF any OF the
officers belonging 10 those vesselsi
Mr. May. The defence have right 10 cross. exam
ae the Witness excep, with reference the about
which we intenogaied him. They are now going over
the whole ground OF The examination in chief ~
Mr. Bradley. We have the right TO examine the
witness 10 test his memory How do that, unless
by putting questions TO him with reference to the facts
occurring at that time and place -
After discussion OF the point by the counsel on
both sides, his honor the judge made the following de-
cslon
The Court held the opinion that the question being
presented in new aspect the evidence of Captain
Maddox was admissible. He asked, on ing at
the defendant and his brother John Charles who were
slung al the baowhich of them it that he at
pl,eH uf fhaa al dxp,s fboo ha
had seen The defence may ask with reference 10 any
thing embraced IN that question; whether George
that he is the person; whether the person he Ma
zatlaA was OF certain heght whether he was corpu.
lent or otherwise, and such similar questions You may
inquire IN respect TO the localities OF Mazatan because
that the place in which the witness says he saw DIR
Gardner but the questions about the British frgae
and the brig Ffolc are collateral You cannot pu, them
Mr.. Bradley. Did you form an acquaintance with
any of the officers of the vessels which you Ma
zatlanl
Ans did, sir
Cues. Did you DR.. Gardner in company with any
person there and il so with whoml
Ans | saw him IN company at the dinner table OF
which ] have spoken before. ! saw him once in the
street, but do not recollect with whom.
Cues. Do you remember who were at the dinner
table
Ans. recolect tha, the family were att
Cues Whose family
Ans. Mr.. Motifs.
Cues. Not Mr.. Talbors then
Ans. MIR. Talbot had no family there that know Of
Cues. Was Mr.. Talbot himself at the table,
Ans. He was generally there but do not recollect
whether he was present on that occasion or not
Cues. Was Mr.. Mott there
Ans. He was, and presided at the table.
CUES Have you any recollection OF the number OF
the guests that were tberei
Ans. There about eight or ten.
Cues. DO you recolect by whom you sat
Ans. | could not say positively by whom sat.
Ques. DO you remember whether lhere any Off |
OF the American vessels there besides yourselfi
Ans. think i likely there was, but do not recol- |
leci positively. The officers dibed there frequently
Ques. Could you ndlvidualize any officer who dined
there al The came time yourselfl
Ans do not think that ! could
Qnes. Do you remember whether you had a conver- |
sation with DR.. Gardiner at that lime
Ans. had conversation with him after we left the
dinner table.
Cues. DO you remember whether there was any per.
son present during the conversation
Ans | think that Mr.. Mott walking with him |
under the covered way towards his store house think
that Mr.. Bsell, who connected with the firm, was
present at the dinner table.
Ques. You do not speak of Bise Of the navyi
Ans No, sir but of a brother OF his, who, think,
belonged 70 the company. lie was certainly engaged
with MIR Mot.
Cues. Tse conversation you refer 10 after you
ieiI the table, and while you walking down the
street .
our going out doors. We waIkei on side OF the |
street TO The corner OF the next under
q nee. How far lhati
Ans. PROBABLY 1850 feet
Cues. Did you separate before you reached his place
Of business
Ans was smoking my cigar under the arcade.
Ques. Dd you separate from DR.. Gardiner before |
reaching Mt Motifs place of business!
Ans. left him there, and really under the i'm.
preston that he was staying there.