The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-25
THE REPU BLIC.
THE GARDNER CASE.
CRIMINAL COURT FOR THE DISTRICT OF
COLUMBIA.
EREPoRTEB FOB rHE REPuBLIc.1
THIRTY-THIRp DAY-1ke.dnu. Aprl 10.

i 49,
THIRTY-THIRD DAY 1kesdsy. April 10.
| Ezamimasion Of E. w. Abbet coasinssed.
/ Mr.. BaADLEY. / understood you to say yester
| day that this sketch does not pretend to sho,
/ accurately the various turns in the road with til
| general course of the road? ss
1 Ass. Yes. sir.
! Ques. This was made out from memory. l under
stood! fa
/ Ans. Yes, sir.
GUS. This sketch, then, which you have, ia no
Designed to show all the windings of the road; bu
10 general sketch of the general course Of til
I lss. / am inclined to think that this 10 it'll
different from the pencil sketch which made
have not seen the sketch since it went out Of my
hands. should like TO see it for moment, ant
then can tell better with regard to it.
Ques. You stated yesterday that you never hearc
| the name of Arroyo Seco?
| Ans. That lie what I said.
Cues. ls the road to Arroyo Seco the same as the
| road to the mine, or 10 it different route? sa
| Ans. The road from Arroyo Seco DIVORCES from
tbs, and goes further to the right; is near as
can recollect almost at right angles. 1t runs di.
rectiy south. The other route is much further to
| the left. .aos; asu ~ aasfT
Mr.. BRADLEY. Ito Captain Doubleday, who
was in the court but not on the stand) It is sta
ted upon this map (pointing to place on the
map) that this place lthe town Of Lagunillas) il
Mexican leagues, and this route runs due south
nearly. Captain Doubleday estimated in his pre-
vious testimony the distance to be seven leagues OF
about nineteen miles.
est amount it could be; but upon more careful in
spection of this map furnished by the Governor OF
Queretaro, it is found to be less. $50
Cues. According to this map you could not gel
lance of seven leagues in q straight line?
Ans. did not 60 in direct south course the
| seven leagues.
| Cues: Understand you to say that road was
Min kto1~- H.
more than seven leagues, but that you did not e
seven leagues in a straight course?
-Ans. Yes, sir.
Cues. understand you to say that this road tt
Arroyo Seco turned to the right?
Ans. Our road ran directly to the south at the
1 first, and then turns to the east.
Mr.. BRADLEY then went on and explained the
| maps to the jury.
| a map which he had in his possession, and which
| Mr.. Bradley wanted
| The CoURT decided that he could not have il
without the consent of the prosecution
| Messrs. FENDALL and MAY ma king no objection,
Mr.. Dou bieday was sent for copy.
Mr.. BRADLEY. / understood you to state yes
terday that on your way out to the mine DR.. Gar
diner stated that these were his, (poinng to them
on the map.)
Ans. They were, some of them.
CUES. Did he speak of more than one?
Ans There were two
Cues. He said that these we're some of those he
| owned?
|. Ans. Among those he owned.
Mr.. BRADLEY. Which is the nearest mine that
you visited t
Ans. 1t depends upon which point you refer to.
Cues. The nearest to Santa Clara. understood
you to say yesterday that Santa Clara was the
nearest mine. that It was about mile from the
refncry-whch refinery do you mean7
4ns. Imean the upper one upon the river.
Cues. How far from the first refinery?
| Ans. 1t would be impossible for me to saw
Mountains interviewed, and we had to go round,
and to pass two mountains.
QuSs. You think that Santa Clara is about mile
| Ans. From the upper one, where the aqueducts
| we're.
| Cues. Would that be further than to the first
refinery, or nearer to it!
/ Ans. A little further.
! CUES. understood you further to say, that te
San Jose it is about half or three-quarters of
mile!
| Mr.. MAY. From where?
Mr.. BRADLEY. That is what want to find out
| / suppose that it referred to the refinery from
which Santa Clara is little distant. / thought
when the question was put that it referred to the
| fret refinery.
| Mr.. MAY. think my question referred to tina,
refinery which DR.. Gardiner said belonged to him
| Mr. BRADLEY. Did DR.. Gardiner state that?
Witness. He stated that two of the refneries
here marked (referring to the map) belonged to
him, and had been in his possession.
| Mr.. MAY. How many?
| -dns. There were two re6neries in one place
ana Two smelling IurnaCees and In the other place
there were two refineries, of which the chimneys
were standing. He said all belonged to him.
| believe there was no distinction made yesterday
in regard to the different refneries.
| Mr.. BnAD1EY. Do you mean, then, that San
Jose was three quarters of mile from the re.
fnery?
| Ans did not mean that. 1t would be impossi.
BILE to judge of the distance accurately unless you
could see from where you stood, because the noun
tains INTERVIEWED and you had to go round the base
of the mountain to reach the refinery.
! Cues. From San Jose, nearly opposite, you say
| it is about three quarters of mile!
| Ans. supposed that it was that, as near as
could Judge.
| CUES. You stated that by the road from San
Jose to Dolores it was two and half leagues?
| Ans. was told yesterday that | had said it was
two and half leagues. suppose, having been
accustomed to saying leagues, COMPOUNDED il
| From San Jose to Dolores the distance was about
| three miles, From San jose to Trinidad abouN
| five miles. as near as can judge.
| CUES. You were asked yesterday if you knew
the names of the refineries, and you stated that
| you did not have the names given to them; did
| you not understand, when the Mexicans spoke OF
| it, that it was part of these old mines?
| The CouRT. You cannot ask him what they
said there. You may ask him about the proximity
| of those refneries.
| Mr.. BRADLEY. The witness stated that ne did
not hear the name that they were generally called
reneries haciendas. Is it not proper for US to go
| on and give the whole of that conversation, and
state what they said in regard to it in the same
| CONVEX ation in which he heard them called refine.
| ries3 wish TO know what else be heard.
| The CouRr As far as the United States have
onened the door to such questions you will go on.
Mr. RaApLEY. ITO the witness Did you not be ar
| thai snoken of as being attached to those mines?
| Ans My impression was that there were refine
ries attached to those mines. did not distinctly
hear it stated that they did belong to those mines
| Mr.. BRApLEY. Impressions cannot be taken as
evidence; and, if you did not hear it distinctly
stated will ask nothing more in regard to 1t. Did
| YOU hear these mines called by any other name!
| Ans never heard them called by any other
names until last Friday or Saturday. forget
which.
| Oues Will you state whether you heard the
! names of the different mountains?
Ans heard no name, except that of the gene
| raj range which was called Huastaca range
Cues. You were asked yesterday whether Santa
Clara and San Domingo were worked for gold Did
you learn by whom they we're worked?
Ans. heard the name, but did not recollect it
remember distinctly seeing one of tho gentlemer
| connected with the Santa Clara mine, and taking
with him; but do not remember his name.
Mr.. BaADLEy. Did you hear that jose Pand,
| was one Of them!
| Ans. No, sir.
/ Qws. You were asked what was the business q
Jose Pando, and stated that he vas . mn q
wealth Was he removing his establishmen
Z when you were therel 81
i Ans. He was when We arrived there,
Quss. would AK e you we're present in Tam