The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-05-13

he opposite side ssd that only did their objection 20
70 lhe examination which propose TO make touching
lhe character and appearance OF the mining title in the
aicaaes once al Lagunas. but 10 The Introduction OF
any luheT evidence touching the geography OF the
nS no", me court consider mat as included IN he
Present proposition, beg leave TO make few observa-
ilOns.
The Court. Please proceed, then
Mr May My colleague has well said 10 the court
ihal the issue which this jury is sworn 10 try is Il
70 Inc ruth ialsiiy OF the memorial presented by
George a. Gardiner 10 The commissioners who adudicated
lhs CAIN. which memorial contains statement that he
ws me owner OF an extensive mine located 10 the de-
patment OF Rio Verde. IN the State OF Saa Luis Po,os,
MsXico. There are two things 10 be considered -
FIRST The title of this person 10 that mine, aim that
question includes the consideration OF the deed winch Is
me precise question before We have got 10 negative
ths TACT OF his being The Of that mine and whelh
er he was the owner of that mine not depends upon
several elements. .s..
Second Was that mine located nthe State OF San Luis
Poos That is the geographical part OF the inquiry In
our examination in Chief we We're, OF course, confined TO
ihe examination o The geography OF the State OF San Luis
Poos and We did not so out of il. We conceived when
we had Shown thai there mining title in the pre-
iec.s Office at Rio Verdethe mining title which the
claim was based and the only presented to the com
mission on Mexican claims-ihat we had negaved that
title We have shown, in point OF fact that that office
had been searched by two agents OF the government al
d1eTent times and thai mining title could be found in
H. We have offered evidence to the COURT showing that
IN point of law there could be there because the
peiect is political officer, who has nothing to do with
the announcement OF mlnes or the granting OF posses
OF them We have offered further evidence to show
lba, the proper place, under the laws Of Mexico, for Dr.
Gardiner 10 get his mining tlls. If he had any mine
the Stale OF San Lnls Poos Gaadalca-
zar. he law read from The printed statute book
and also given by word Of mouth from the stand
by learned Mexican lawyer, showing that un-
der the laws OF that country the only tribunals which
had cognzance of mining titles were the mining dep
ulations. We gave the names OF the mnlng depuia-
tions IN The State of San LUIS Poosi-hye IN number
and also their locaons and showed by the laws that it
there be mining depualion in the district where a
mine located the party must 60 TO the nearest one TO The
mine to get his title AS have already said. we have
successfully demonstrated that there vas no mining title
al Rio Verde, and could be none. That was the only
title we knew anything about, and rested thare.
Capt Barry called and asked whether he had found
mining title the acades Office in Lagunillas. Ac-
cordng 10 the statement oil my colleague he had gone
there because The county town OF that district and
there being judicial officer there in the person Of the al
cade, he was determined TO carry out the negative and
show that there was mining title 10 be found IN Lagu
nilias He inieTogaed 10 whether he had search
ed The office, and who with him. He said that be
had searched the office along with Mr.. Mccormick and
the engineer OF Qneelaro and had found mining title
there. There them nothing touching that title upon
which could offer proof, there being title which we
could find except the one which we supposed we had
sufficiently dsproyed. We examined the witness with
respect 10 the topography OF San Luis Potos and showed
that he had gone everywhere within the limits OF the dis
,rc where toe mine alleged TO be located, and had
found niue. As the mine SAID 10 be In San LUIS
Po,os conceived ol course that when we had proved
that there was mining title IN that State and mine
in point OF fact TO be found, that there was an end both
nothing do with DR. GARDENERS mine being in any other
State. The title upon which his claim was grounded
from the Stale OF San Luis PooS and therefore, if
the mine shown be of that State, the rresist-
Bile inference was that it not his Ii may be sup
posed 10 be necessary that should have gone no the
States OF Guanauao, Zacalecas, New Leon and Tamau-
pas all these being the States surrounding San Luis
Potosi for The purpose Of inquiry; but supposed the
inquiry 10 be limited of course TO that thing which
was the issue hereto wit: whether not there
mine in the Stale OF San Luis Poiosl Ga the cross-
sSa kpd
pursued by the commissioners and Captain Barry IN go
ing into and coming out OF that country which were
wholly aside from the examination and search for the
mines 10 San LUIS Poos. Just we had expected,
wheh the other side TO their they offered ev
denee to show that Dr. Gardiner had taken bis compan-
ions away from Lagunllas, and shown them some old
mines which he said belonged TO him We hadstaied that
easy for hun 10 do that, because everybody knew
that there sort OF difficulty in finding old mines
in The adjoining State OF Queretao. In my opening ad
dress the nry stated that the mining districts OF jail
pan, Xlchu, aud Escans not lar distant from the
boundary OF the State OF San LUIS Potost 10 The neigh
boring States OF QueIeiaro and Guanauato. We did moi
20 into those States TO look for mines II we had, We
mig Ia, have found these very mines which we think were
shown by Gardiner to Slocum and Abbott, The qses-
ton presented by his S where are the mines which
he showed those persons We now want the oppoTlu-
nifty TO prove TO the satisfaction Of the jury that the mines
shown by Gardiner TO bis companions were those OF jail
pan IN which he bad interest, and which, IN all hu-
man probability he bad never before visited In order
to meet the very presented, il being supposed
that there mines IN the department OF ho
Verde would be necessary for the defendant south
of Lsgunias into the State OF QueteaTo 10 The old
mines OF Jalpan, which were ior the most part ahan-
doned on the Independence OF Mexico. we thought II
requisite get the most exact information IN respect TO
the boundaries OF the States OF San LUIS Polos and Que
rearo. The archives OF the government oil Qaeretaro
were consulted before visited San LUIS, and we OBJ
tanned IRON the governor o, Quereisro lbe most recent
aud authentic map OF that Satc marking its rivers,
towns and other places, and The boundary between il
and L,gunas. Captain Doubleday has testified that
that roap compared with map OF the Slate OF San
Luis Pvos IN the possession OF Colonel Reyes, who, as
Typographical engineer ot that State, possessed Of
he best maps oil l and both found 10 agree in
spec to the boundaes We expect to show by that map
that Messs. Abbott and Slocum went directly south.
out OF the State OF San Luis Poos, aud into the state
oi Queretaro 10 the old mines oil Jalpan that the
junction OF the Carrlza and Ayata rivers al the point
which Gardiner and bis companions crossed them is
Jour leagues south OF the State OF San LUIS Poos Yet
when Messrs. Abbott sad Slocum got to the junction,
they say they probably only third, ana certain
not lnsn one-half, oi the distance IRON the VIII
sge OF Lsgupllas TO the mines. We further went 10
prove by The testimony OF Witnesses who bave rayeied
across the boundary between San Luis Potosi and
Queretaro and who have the boundary shores AMI
who know the distance IRON the boundary 10 those
rivers, as a matter OF their own personal knowledge,
that you cannot strike the nearest river-he Carzal
within four leagues south OF The southern boundary OF
the State OF San Luis POos The testimony OF Abbott
and Slocum in reference the route which they took to
the maes differs from he testimony OF Witnesses which
we have offered only in respect TO distances We want
TO call witnesses whose information is more exact than
that OF Abbott and Socum, who say they trav He'd about
two miles an hour, and who, without having compass
with them, taking notes OF their route, made out
map of after they had returned to Lagun,as. They
had means OF determining distances, and made no IN
quires from the time they started tney reurned as 10
whether the villages and towns they passed were IN San
Luis Poto.i the adjoining State OF Quereiaro. They
went bndfoded by Gardiner and returned 80: One of