The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-11
compel him to show his mine in case he refused to


Ans ! understood that MIR. May had paper to
compel him to go and show bis mine il he refused
to go with US and chow it. tom
Mr.. BRADLEY: If he refused to go. How was he
Mr.. FEnDALL. object to that question
Mr.. BRADLEY. Then shall ask for the prodnc
ton OF the paper
After little delay, Mr. Bradley resumed the
cross-examination of Captain Doubleday.
Cues Do you recollect when it was that you
were in the Office of the acalde at Laguinilas tax
ing dispositions? Was it the first day or the second
day that you were there?
Ans It was the second day, think They
might have taken testimony the first day, butI
cannot speak to that.
Cues. Do you know whether it was the design of
the commission to 60 round by Rio Verde or by
Queretaro?
Ans. They desired 70 return by the quickest
route, and We were informed that the latter was
the shortest by two or three days
Cues And when you got to Lagunllas you had
not determined which route you would take?
Ans. think not.
Cues. Then it was not the design of the commie
sion to return to Rio Verde? -
-Ans No, sir
Cues. Now in regard to that paper you have
spoken of about compelling DR.. Gardiner TO show
his mines, it at any time shown to the alcade'
Ans. Not to my knowledge. 1t was not made
use of at all that know Of
CUES. understand you arrived at Laguinillas
in the afternoon OF one day, and spent the next
day there, and then, on the morning of the fol-
lowing day by about sunrise, you left The town?
Ans. Yes. sir we arrived at three 0 clock in the
afternoon, and we left on the morning of the Sc
cond day afterwards.
CUES. And on your way to Arroyo Seco you
met a man bearing specimens of ore from the
mines of Xichu, going to the house of Jose Pando
Ans. No, sir; that was after we left Carasal
Cues. How did you ascertain the fact that he
had specimens of ore from the mines of Xichu
Ans. Because we stopped him and made inqui
ries about DR.. GARDENERS mine.
CUES. Don't tell US about any inquiries you
made after DR.. GARDENERS mines?
Ans. This man told US that he had got these
specimens from the mines of Xichu.
Ques Did you examine his specimeus!
Ans did not.
CUES. How was he Transporting them
Ans. On a email donkey
Cues. In panniere?
-Ans kind of rough pannieEs slung on each
CUES You know nothing of the weight
Ans. do not
Cues. Ali you know then is that you met man
who told you that be had specimens Of ore from
the mines of Xichu, and that he was going to the
house of Jose Pandci
Ans. Yes.
Cues. You have been asked about letter ad-
dressed to Mr. May in Laguinias by Mr.. Abbot.
Did you see that letter?
Ans did.
Cues. And the reply?
Ans. / did.
CUES. And the answer to the reply?
Cues. Did they pass all on the same day or on
different days?
Ans. think on different days.
Cues. Do you recolect whether, after the receipt
of the first letter from Mr.. Abbot, Mr. May, or any
of the commission, went to the Office Of the alcalde
before they replied to that letter?
Ans. do not. 90
their examinations, or the work in which they
were engaged at Laguinillas, on the morning that
they left there or did they leave the town earlier
than they originally designed? uI e&
Ana NON, bad r1ataI 1;
signed to do there.
Cues. Do you know whether they got copies of
any papers there?
Ans. They got copy part of copy Of one
paper from the alcalde's Office.
MIR. BRADLEY, (to the counsel for the prosecu-
tion.) Gentlemen, do not want to formal
notice upon you for the production of that paper
but would like to see it.
Mr.. MAY. Ifit is to go to the jury, have no OBJ
lection to produce it.
Mr.. BRADLEY. To offer pig tied up in bag is
not a fair offer. When it is here, and see it,
will say whether desire it to 20 to the Jury or
Mr.. MAY. do not want the trouble of hunting
for it unless know it is to go to the jury.
MIR. BRADLEY. If you let me see it perhaps may
be glad to get it there.
The court here took a recess of nearly an
hour.
Re examination Of Captain Doubleday By Mr. Mug.
Cues. Did understand you to say that THE
place, "Carasai," was a town?
<1nSs suOuIQ call IL q Town. Ii Is like great
many other Mexican towns. very small Ii had
some twelve or fifteen houses In it. 1t is a small
village.
Ques. Was it not sugar estate?
Ans. believe they did make sugar there.
Cues. Can it be called a town?
Mr.. BRADLEY. He has just said il was town;
surely you do not want to cross-exanaine your
own witness?
Mr.. MAY. Was it public or private town,
Ans. really did not inquire.
Ques Did you see any church there?
Ans. No.
cues: ANY blacksmith's shop or store or aIcsl.
Ans. did not; for that section of country il
seemed to be a village larger collection OF
houses than usual.
4aes Were most Of the people you saw there
Ans. did not notice. There were sugar estates
round the village.
Que. Were they not bringing bags Of sugar
their heads to the warehouse?
Ans, Ioannot say. do not remember observ.
ing any thing of the kind
Cues Did you observe any Of the general char
acteristics of town-such streets, lanes,
plaxas, &C.?
Ans. None.
Cues We're they not like negro huts scattered
round an estatea
Ans. Yes, they seemed to be 90.
Ques. understood you to say that YOU never
saw steam-engine made in sections?
Ans. never have. -
CUES will ask you whether, in saying that a
try, you mean an engine for any practical Dur
poses
Ans. That is what mean.
Mr.. BRADLEY. Could you carry artillery there
Aus. No.
Mr.: MAY. Could you carry small artillery
there?
Ans. doubt if you could carry mountain how.
itxers there,
Mr.. BRADLEY. understand you did not, at any
time, for the purpose of exploration. leave the
main road from the northern boundary stone in
going to the northwestern boundary stone?
= Ans did not for any great distance would
sometimes go 10 a little elevation not far from the
road, where could see the country round
Mr.. MAY. We now propose to renew an offer
we made the other day. 1t is little varied. and
think 40 as not to come within the rule prescribed
We nropose to inquire about the existence of this
mine. or any mine. by public reputation; and we
thnk that the aspect of the proposition 10 consider
ahly chan red since it was first mooted before the
court We have now given evidence to chow that
these mines are part of the eminent domain of
Mexico; that the title to mines is granted by the
public authorities; that all transactions regard.
ing their titles of an open and public nature,
and that besides that, tax is paid upon the
silver taken from the mines. advert 70 these
points of evidence TO show the court the public
nature Of the mines as established, in evidence,
which Wa not done before. Also, the relation Of