The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-05-17
The Gardiner Trial.
CRIMINAL COURT FOR THE DISTRICT OF ooLUM.
BiA
Reported for the UnonI
FlFrY'FIRsr DAY--THuRsDAY, MAY 10, 1853.
IN CONTINUATION

/
| John Charles Gardiner recalled
Mt. BRADLEY. The witness desires 10 make an +
pansuon IN regard TO the dates and portions OF the let
ieIs marked IL T." which were admitted in evidence,
and The petition TO the project OF Rio Verde Domingo
Chaves, and hIs decree thereon.
/ The witness When called TO the stand the
ohef aay was unable 10 say whether the letter dated
Inc oIh ana lOh OF November was mine or not did
mol al thai time regard the dates it, could have
positively denied it, The letter resembles my hand wri-
ting very nuch but on the 9th and 10th of November
am confident was at Llgunias, and not in San Luis
Poos, from which the letter is dated.
Mr. BRADLEY. Stale, II you please whether you have
any papers IN the handwriting OF anybody else which
very nearly resembles your own at3
! The DsrRlcT ATroRNEy. ! suppose that when a
winners 10 put upon the stand al his instance to
plain he must make his explanation without exanina
lion by the counsel.
| The CouRr. The evidence of The defence must now
be confined TO the rebutiing evidence OF tie United
States. se '1Ea& @
Mr., BRADLEY. | submit to the cour, tina, the witness
has right TO state whether he has in his possession
any papers in the handwriting OF anybody else connected
with the correspondence offered in evidence by the prose
culion like his that il would lead him to doubt
The DIsTRlCT ATTORNEY objected.
The COURT. The evidence must be strictly confined 10
the rebu,.ing evidence OF the prosecution.
discussion OF some length here eDsued with refer
ence 10 The offer by The defence Of certain letters stated
TO be in the possession OF the witness, and alleged 10
have been written by Jose Vincent Verastegui, which
closely esembled the wltesss own handwriting; alter
which, The court Tade the following decision:
The Court. The Court is Of opinion that those let
cannot be received at all The defence may ask any
question which has been put and answered before,
il have reference strictly 10 The rebuiling evidence OF
the United States You cannot 90 beyond that. The
letters marked L. T." were first introduced by the tes-
umony OF Colonel Thomas They were introduced as
rebulng evidence by the United States, so Tar as his
evidence was proof Supposing the character OF the
witness had been attacked by some who said that
he was no, worthy OF belief. presume that il would
hardly be conended that he should not be allowed
opportunity TO explain The defence may ask the ques
ton; but they must conine Themselves, as have al
ready stated TO the ebuDg evidence OF The prosecution
Rn.r md, itpnS his haIitI Inn MI he
decree oil The preec OF Rio Verde thereon is the body
of that paper in your handwriting and If not in whose
Handwriting is IL ...
The DISTRICT ATTORNEY. The court said that you
could not any question which had been asked before
That question put him before and be replied that
he did not remember aa.g U4
Mr. Bradley Cannot he put himself right now'
The Court You canno, refer TO the letters said TO
have been written by Jose Vincent verasesui.
Mt- May. II you say that those letters are IN the
Handwriting OF Vincent Vcras,egui, we will bring per
TO prove that there is no such person living,
Mr. Bradley. ITO witness State. if you please, in
whose Handwriting the body OF that paper is, TO the best
of your information.
Ans / believe il to be in The handwriting of Jose
Vincent Verasegui. the nephew OF Manuel Verastegui
think my signature is genuine. His writing IS so slm
lar to mike that II is difficult to tell them apart.
Ques. In whose Handwriting is the letter OF the 9th
and 10Th OF November, marked IL. 4. No. 9. r
The District Attorney understood the court to say
that they to ask questions about The letter.
The Court. | referred 10 the letters OF Vincent We
rastegui
The witness believe that letter 10 be in the same
handwriting the body OF the pe,ition-tha is, IN The
handwriting Of Jose Vincent Verasegui..
Cues, Hase n you any papers OF VIKINGS written 0S
The District Attorney is that within the ruling OF the
COURT
The Court. You cannot make any inquiry at all about
Mr. Bradley When we come TO look at the contents
OF the letters will whether they evidence or
not Handing witness leer.l What is the date OF
Ans November t.t
Mr.. Bradley That is the date which ! showed DR.
Davis, and which he said was the "ten,h'
The witness Ptimero is always made with figure
II" and an 20"
Mr. BRApLrY We have now closed the case on The
part OF the defendant This cause has now occupied
months, and the court and jury have Listened
with very great patience 10 the testimony produced on
both sides and 10 great many arguments oil me coun
sell and speeches which arguments. We think
The Jury have had full and ample opportunity 10 make
M Their minis and therefore oiier 10 submit The case 10
them without argument
Mr. May. We have only TO say in reply that we an.
cpaed that this would be the tactics OF the counsel on
the other side from the course OF observation upon The
facts which the learned gentleman admits to have been
pursued in this We deem II our duty 10 The pub
lie and our situation towards The govern aent to briefly
recapilulae the evidence which, after the long period Of
two months must have, Tor the most part, escaped The
memory OF the Jury We think that in so doing we shall
be assisting their minds TO just conclusion. What IS
matter OF duty 10 OF much Importance as Tins
ought 10 be attended 10 al all hazards We are willing,
however limit addresses TO the Jury 10 the term oil
three or iou hours We will make TO do
that and we think when we have done so, we have
manifested great desire 10 obge the court and jury
This has broken up in my professional business
at home. II has been source of greater Inconvenience
TO noe, think than II could be 10 ans body else con-
necied with il, Sl hope TO be always found ready TO
discharge what consider 10 be duty After the Jury
have heard the arguments they will 70 out with their
minds rekhened 10 the examination OF the evidence and
aided by such Just observations upon Il a, no doubt will
be made on both sljes. -. @
Mr.. CARLrsLr. | indeed sorry that our offer has
not been accepted thought from the promise in The
opening speech OF the perfect demonstration OF facts that
were TO be brought forth, and whic, were 10 argue
themselves and convince everybody. that might be
excused II we desired 10 argue the case. Although
The prosecution made that promise, they now desire
10 aid their facts by Argument and eloquence, We
content To rest on the eloqnence of
the facts we have produced and we are utterly hope
less, after the two months examination tba, aas been
men,s suppose that the gcRllemen the opposite side
have their convictions the subject but II The case is
TO be argBed 80 far as concerned, am entirely un
willing TO go into the discussion with bit IN my
mouh--with restriction TO my acting and speaking Rs
please have no idea of having my trends stand be-
hind me 10 stop when my time has expired, and may
be when am in The midst OF an important argument
proposition OF the other side the object OF the prose
cation be only to feshen the minds OF the iry with re-
gard to sc,s lei them throw open the case and then LET
one Of US reply
MIR Msy That would be taking the conclusion on
your side, which s in opposition 10 all precedent
| [l.auebier1 rs
Mr. Bradley. made the offer in good faith, and with.
out supposing that the counsel on the other SIDE would
have any reasonable objection 10 IL. have not had as
much in criminal matters the counsel Tor N
United States but do not recollcct ot any criminal sui
in which the offer OF man charged with crime 10 submit