The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-11

with reference to discovering the style Of The man.
uscript and acquiring . knowledge Of his hand
Qves When wac that, sir?
Ans. Three or four weeks ago; cannot cay
positively.
whether you have examined ihess letters, within
a month past, for the purpose Of impressine upon
your mind knowiedge Of his handwriting' Am
right in that:
An.. will not object to that form of the
question. -
Qs<s. What was the difficulty of your answering
the question when putt at 6rst?
Ans. Because understood your question in
more general sense. l have many times examined
these letters and read them carefully.
QxHs But my question was, had you examined
them for the purpose of acquiring knowledge of
his handwriting, and when? That il, have you
not, since this trial commenced, taken down
these letters and carefully examined the hand
writing? -
Ans. have.
Cues. And was that with the view of examining
1t 30 AZ to become a witness?
/ Ans. did 30 because was requested to do 30.
| CUES. With view Of testifying in this case?
| Ans. Perhaps 20.
| Ques. Who requested you to do 90?
Ans. do not know that ought to answer that
question.
Qu<s. understand you to say that you have
been asked to examine, and have examined, these
papers with the view Of enabling you to testify in
regard to handwriting in this case. Who asked
you to make this examination?
-Ans feel some delicacy in answering that ques
| ton, because do not know that have any right
to implicate others.
| Mr. BRADLEY. The court will say whether you
must answer the question or not.
| Mr.. MAY. Answer the question, doctor You
need have hesitation, far the counsel for the
prosecution are concerned. You are quite at lib
erty. -
Mr. BRADLEY Well sir, who asked you to make
| this examination?
Mr.. BRADLEY. Then undertand that since this
trial commenced you applied to to examine
carefully these two letters that have been received
in the Department of State, and from your ex-
animation of them you able to say that all
these papers you have seen to- day, with the excep
| tons you have named, are in the handwriting of
DR.. Gardiner?
Witness. That ia my opinion.
| Mr.. BRADLEY. Now will hand you a paper, and
supposipg you TO have seen that hand riting be-
fore, ask you whose it 10?
Wines. ttfter examining the paper.) / do
not know that can say whose it is.
Mr.. BRADLEY. Is it or not like the handwriting
of DR.. Gardiner?
Witness 1t does not look like any handwriting
of his that ever saw. The style not that of any
manuscript have ever seen of Dr. Gardeners.
Mr.. BRADLEY. lin an under tone } Any manu-
script you sver sa,o. You have seen two letters?
The CoURr. How il that paper marked?
Mr.. BRADLEY. 1t is marked c. j.
will now offer you another paper, which de
sire you to look at, and wish you to say if you
can tell whose hand writing it is?
Wtness, (after examining the paper) There
are great many points in that andwritng that
strongly reese mble the handwriting Of DR.. Gardi
ner.
| Mr.. BRADLEY Undoubtedly there are; and that
is the very matter about which want your OPT
Mon. Whose handwriting do you think it is?
| Wines. am strongly inclined to think it is
the handwriting of DR.. Gardiner
Mr.. BRADLEY. 1t is your opinion that that is
the handwriting of DR.. Gardiner.
| Yes air. ia m
| Mr.. BRADLEY. Well, sir, / wish you to put
mark upon that paper, 30 that you may be able to
see it.
The witness marked the paper ]. S. NJ, No. l.
Mr.. BRADLEY. NV, l will present you with
another paper, and desire that you may give
| your opinion to whose handwriting it is in?
The Witness examined the paper for long
| time; appearing to study it carefully, and then
said:
81 am inclined to think that that paper is writ.
ten by the same hand as the one have just mark
| ed"
Mr.. BRADLEY. Now, a matter of opinion,
are these letters in the handwriting of DR.. Gardi-
| ner not?
Witness. If called upon to answer that CUES
ton, must say that think they
| Mr. BRADLEY. 1t is then clearly your opinion
that these last letters in the handwriting of
j DR.. Gardiner?
| Witness. Ii is.
Mr.. BRADLEY. Will you please to put mark
upon the last paper, that you may know it again!
The witness marked it j. s. M, No 2.
| MIR. BRADLEY l do not know, may it please
| your honor, whether it would be in order now to
| offer the proof; but prepared to prove
| now, if in order, that neither of these letters,
which the witness has spoken of confidently as
being in the handwriting of DR.. Gardiner, were
| written by him, and that they were not even writ
| ten by the same person.
Mr.. MAY. And prepared to prove that
both of these letters have been written by Dr. Gar
diner.
| The CouRr. Well, WE'LL gentlemen, this ia not
| the proper time to prove either Of these facts
Mr. MAY. Certainly it s not; but it was the
proper time to reply TO the remark OF Mr.. Bradley
| The DIsrRIor ATTORNEY stated that, as the
| rangement under which the defendant returned
from England to surrender himself for trial, had
been frequently, during the progress of the trial,
referred to by his counsel, it was proper that the
evidence of the arrangement should be before the
Jury.
| heightened correspondence between Mr..
/ Webster and the Mexican Minister then read +,
1 in relation to a claim of General Herrera, an alb
stract of which had prepared, but the publication
of which we are compelled to omit, in consequence
| of the length Of our report.
| The court then adjourned, at halfpast four
| o'clock