The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-28
THE GARDNER CASE.
cp,y,xr COURT FOR THE DISTRICT OF
COLUMBIA.
rsEposrED ros rHs aAPusLlc.l

TH1RTY-EIGaTH nAY--Ma~dsy, april IS.
tm&st11uUAr1on.
john CAssas awaiasv, .psv~.
Mr. Bradley. (Handins copy Of the mining
title alleged - Be in ths posssssioe Of he defend
ants counsel since 1871 Look at that psper md
state whether - ever saw it before. or NOT.
Quss Did you see the signatures of the Officer
appended to that paper or nots
Aas. saw the name of Senaro La Vega signed
to it, and afterwards the signature Of the prefect
of the prefecture Of Rio Verde, Fernando santa
Maria.
Cues State in what capacity La Vega acted in
signing the paper!
was " hat suppose to be the alcalde of the MUM
cipality OF Laguinillas.
Cross eraminatien
Mr. MAY. Did you see him acting az Judge Of
the ayuntamento, or alcalde. at LaTuiniilas?
Ans. did not see him acting; DO not know
what you mean by that; went into the room and
him sign it; Understood that he was either
the judge or alcalde; 1t would be difficult matte
tosa whether saw him acting. or not.
Cues. What room do you speak of?
Aus. What we term there tho alcalde's office.
2"ss. Had 1T the appearance Of being public
Officer
Ass Yea, sir
CUES. Did be seem to be a person in authority?
Cues Did be appear to be at the head Of the
ofhcs?
Ans. He appeared to me to be So
ssss. When xas this!
Ans In November 1851
Quss. Was this office in the town of La suiniilas?
Ans IL was IN the plaza. opposite the house of
Mr. Pando; It fronted the plaza.
CUES, Did you the alcaIde signing other
papers besides this and appearing to be the person
principally transacting business in the office?
dns When saw the man Vega, went in to
compare this copy with the original COPY. The
man supposed to be the secretary read the origi
nal, and read over this one. Afterwards " e took
the paper to the old gentleman, aud be signed il.
While we were reading ne reading and Sign
ing papers
Qass. Was that the only Wait you made to the
OFF,
An, The day before that ! went to whether
| could yeta copy.
Drsts Did you La Vega theres
Has. did net see La Vega.
Quss. From whom did you get the copy?
Has did not get the copy at that time; went
to inquire how could get copy of the title deed ,
and the secretary wrote me rough draft of ~ e.
mortal, which it would be necessary TO present to
get this copy of It.
Qgss. Did you get The paper the same day,
the next day.
Ans The next day, in the afternoon.
Ques. Then il was that the secretary took that
copy which be had written in the meantime, and
carried il TO him, whose name you saw signed
La yegal
AS | went to the office in the afternoon, and
bad to sign a few memorials He said all that
necessary was the signatures Of Separo La Vega
and his own. wished to have il compared; / took
this copy, and the secretary read over the copy
which at his Office; | compared it, and it
like the original; the secretary then took it to Mr..
la Vega. who signed it, and be signed 1t himself
afterwards.
Quss He signed it in your presence3
Ans Yes, SIR; was in the room.
Quss What did you do then?
dns | returned to the city of San Luis Potosi.
Qsss The Laguinilias you speak of is in the
State Of San Luis Potosi?
Ans Yes, sir.
a
Ans there found out that it was necessa ry
that me signature of this should be certified
by the project OF Rio Verde. went to the prefec-
ture of Rio Verde, and presented this document.
CUES At what time was that?
Ans ! arrived there about six o'clock in the
morning, having travelled all night, and suppose
that presented il after breakfast, bout bali past
nine or o'clock. do not speak precisely Of the
time
CUES. What the day of the month";
Ans IL was in the same montb-tovards the lat
ter part of November; remained few days at San
Luis PotOs
Ques What did you do at Rio Verde?
ans handed it to the secretary, j. Pho Gu
tierrrz, TO have the signature of La Vega certified
to- He said that he would have the matter attended
To. returned in the afternoon, desiring to Rave
that night Mr.. Gutierrez had written out a GER
tiicate but IL not signed, either by the project
Or himself. | only the body Of the certificate.
He told we hat il necessary to 60 to the pre-
facts house, which was dry goods store opposite
the prefecture, and under soms arches We took
the project, Fernando SANTA Mars, whom l
knew before, and be signed II at bis desk.
Pes You knew that he vas the prefecD
Aas. | knew him personally before
Q.ss. Did you see him transacting any business
project?
An, That morning be not in the office, bat
the secretary vas there.
Qu>s. Was ne recognised project therea
Aas. have no reasoE to doubt that ne the
Qrl.s You handed the paper to him a. the pre-.
feet of that department.
Ara. BANDED IL TO the secretary.
Quss After you got il from the secretary, what
was done with he paperS
Ans | went with the secretary to the projects
house, and he handed il to This gentleman.
Quss. You then Jaw Santa Maria put his name
Ans He looked over the paper generally; saw
the signature of La Vega, / suppose, and then
signed bis name TO il.
The DIsrsIcr ATTORNEY. Did you Santa
Maria sign any other papers'
Aus. inquired for the project when went in
the morning, and Gutierrez came forward, and
said that Santa Maria was the project. 1t ia gen
orally understood that be was project at that time.
ases. Was there any sign the office?
Ans sPrefscturo,' had been in Rio Verde be
fore knew his office perfectly we'll After Santa
Maria had put his name to the paper, Gutierrez
returned 10 the office stamped 1t with the seal of
his Office, and signed mis- own name to it,
Mr.. May. The prefecture was the one you for
merry had known?
Ass had visited that Office former occa-
sions but not when Santa Maria project.
CUES How long previously.
Aus. | was there some years previous, in the
spring, but / cannot exactly recollect the precise
month. / know that it was spring, because left
here on the 4th of March for Tampco. From
there went TO San Lula Potos. left here the
4th day of March, 1851.
Cues. Did you go from Tampico to Rio yerde1
Ans. Yes, sir.
Qsss. Did you go direct to Rio Verde?
Ans ! went from there to Vaee Ell Maiz.
CUES. You did not go 90 the project?
dns No, sir; went to see 4 gentleman on pri-
vate business.
Ques Did you find Gutierrez secretary
of the prefecture when you visited that place be
forep
dns. cannot say had no business with the
government when i was there l do not know
whether he was secretary at that time or not.
CUES. Was be secretary Of the prefecture in
1852
Aas. have reason to know.
Qses. The Gutierrez whom you found acting
a. secretary Of the prefecture you did not know
previously To that timer
-hns ! asked for the project, and he intro
duced himself a. the secretary Of the preec-
ture.
Qu.. Wa. be engaged in attending to aay du-
ties in the ONCE,
ofnce.
On IL