The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-12

received &etle we 49, thcresS4his was SOHO time
between Twelve and VNp o'clq6k.
Qses when you sxt him on the evening Of
your arsfvAl did you hold odAmmunicatien win
him a. to the object * your vislt1
Ams. think some one had been there before +
got there. At any rate, when we got there we
sion.
Qxes. Who went with your .----.f--.s.----.-.s-
Ans think it was Mr.. May, but am no, GER
tain.
Cues. Were you present when Mr.. May de-
livered papers to him?
A~s. do not recollect seeing Mr.. May deliver
any papers To him.
Qwes. You do not? en EfeF
Ans. am not certain about it,. (After a little
rehection.) l rather think did.
Qxss. That must have been on the Monday
evening?
Ans Yes, sir. it must have been; but am not
certain.
MIR. BRADLEY. There are many things about
which You do not appear to be certain. If had
been on that commission think should have been
very certain. You are positive about one thing,
however, that you visited him YOURSELF
Ans. Yes.
Qxss. And what ask ia, whether you were pre-
sent when MIR. May delivered letter to the al
calde?
Ans. / am not certain of it There was a let
ter of introduction delivered to him; but am
not certain that was present when it was de-
livered.
,Ques Or whether it was delivered OF alb
Ans. think have seen it in his hand.
Cues. Seen a letter of introduction in his hand
and not present when it was delivered?
| Ans 1t was delivered to him before he received
| the news of the prOnunciamentO of Rio Verde, be
cause he opened the letter in presence and told
us that the power of Francisco Fernandez had
been superseded BY that of Manuel verastegui.
Ques That was on the day after your ARRIVAL
| Ans. Certainly.
| CUES. Now, you said you had been in his Office
examining papers mining titles. Was that
before or after he received this news3
Ans. Ii was at the time we were examining the
papers. think we were then examining paper
purporting to be a deed Of the mining title OF DR..
| Gardiner.
Cues. Had the commission or not ordered
copy of that deed, or filed petition for copys
| Ans. No, air; when we first went there we filed
petition to take depostions; searched in Rio
Verde for titles, and when got to Laguinlas
we filed petition to take deposi ions, not dream
ing that there were any mining titles there.
Cues When did you file your ;.eti,ion-on Mon.
day Tuesday,
Ans. The petition was prepared Monday
evening? -
taking of dispositions, you into the alcaIde's
Office and saw this deed
| Ans Yes, air.
CUES And you were examining the deed when
the acalde informed you that Fernandez was
down and Verastegui was up?
Ans. Yes. sir.
Cues. Was anybody taking copy Of the
deed
Ans. had taken memorandum. but not a
copy.
Ans. do not know whether any other person
asked for copy. lcannot say whether did my
self or not
Ques Who was there besides yourself?
Ans. think Mr. Smith and Captain Doubleday
were there.
Quss Where is Mr.. Smith now?
Ans. do not know.
Cues Had you any person along with the com-
mission as interpreter or clerk?
Ans. We had.
Ques Who was he
aus. Mr. Howell of New Orleans
CUES Was he in the Office at the time?
Ans do not think he was
CUES. Then this paper purporting to be title
deed was discovered by you or exhibited to you
alter Mr.. AbbOts letter had been received by Mr..
May!
Ans. ] think it was, but l an not certain I
think, however, it must have been after, because
we had no idea that there was any mining title in
Laguinillas at all; and think it was in conee
quence OF the letter received from Mr. Abbot that
inquiry was made of the alcalde whether there
was any mining title, and he handed down
bundle OF papers, among which was a remarkable
paper purporting to be title of Dr. GARDENERS
mine, aud each of the commissioners read it.
Cues. At that time, and when the alcaide in
formed you that Rio Verde had pronounced, moth
ing was said, understand, about any authority
in the hands of the commission received from the
project Of Rio Verde relative to DR.. Gardiner?
Aus. No, cir; it was stuaiously concealed.
munication was opened by the alcaIde from the
project OF Rio Verde there was more than paper
in the envelope?
ans. My impression 10 that there was more than
one paper; but it is possible / may be mist AIKEN
He had two papers in his hand; but whethe, one
of them was an envelope, or whether there was an
envelope at all / am unable to say
Cues. From what you said the other day, and
| from what has been said here this morning b.
another member OF the commission, " hich believe
you heard, understand that the extent of vonr
search for mines in Laguinilas was in going off
the road occasionally for very short distance on
your route between Lagpi1illas and Arroyo Seco3
dns. Yes SIR, my personal search not fur
| ther than that.
Captain Barry, recalled
Mr. MAY. Did you look for the mountains men
toned in this title deed; and did you fad them?
Ans. did not look for them, and did not find
| them.
Ihls witness underwent a heightened
examination, but nothing material was elected
beyond what he testified some days ago.
Francis McNerhany, s,oorn
This witness read to the court the minutes of
the proceedings Of the Senate committee on Mexi
can clalms, being records of proceeding had by
the committee in the presence of Doctor Gar
/ diner.
Mr. Partridge, recalled.
paper was presented to the witness by Mr..
May aud the following questions asked:
Did you see Doctor Gardiner's passport on
board Of the British packet TRENT"
Ans. did.
CUES. Ia that copy of t'
| Ans. 1t is
Mr. BRADLEY Did you make it7
| 44ns. / did not.
CUES Who did3
Ans. Mr.. Lewis made it,
Mr.. MAY. Did you see his passport ON board the
Trent in the harbor of Havana!
Ans. did. | saw the paper of which this is a
| copy. tie claimed it his, and be told the
Mr.. BRADLEY Stop little, sir Were YOU pre-.
sent whsn be sold the agent any 'hing3
Cues. Then, as lawyer. you know we'll enou oh
that you have no business 10 be repeating any
hearsay here. Where did you Hrst ssc this .pre
tended" passport
Ans. saw it for the irst time in the harbor OF
| Havana.
| Cues. And where did you next see it,
Ans. On board the steamer label. He had
taken bis passage on board the Isabel and sent hi,
| passport on beard.
Mr.. CARLISLE. Is that copy from a COPY or a
copy FROM the original passport itselfi Read it.
1.-THE witness read the PASSPORT, from which il ap.
peared that it bore the name of John C. Gardiner,
describing him as merchant of the United States
with description altogether at variance wit the
person of the defendant.]
Mr.. CARLISLE. Is there any signature 10 il?
Witness. There Is not. When we got to Ha
vana he claimed the original of that passport as
| his.
MIR. MAY now presented the correspondence