The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-05-06
The Gardiner Case /.
CRIMINAL COURT FOR THE DISTRICT OF ooLUM.
BiA.
FoRTy.THlRD DAY-TuEsDAY. MAY 8.

FoRTY.THIRD DAY-TUEsDAY, MAY g.
The court, soon after opening took recess MI one
o'clock, IN consequence OF the unexpected oeehton OF
Mr. May at Alexandra in the discharge OF important and
pressing business.
Ga Teassemblng-
The District Attorney said that the United States of
fered the Papers marked A. H. 81 and l.. L. IRON No
10 No 10 inclusive, on TWO grounds lst TO contradict
the witness and, 2l on the ground OF his being an &C
MI Carlisle said that their objections went entirely
clear OF the contents OF the letters They The alleged
writings OF a witness, j. Chas. Gardiner examined on
the part OF The deeace For the sake OF argument, he
admitted that they were genuine. As mere oral or
written declarations OF lhIrd party, nothing more
clear Than Their inadmssiblly Tor any purpose AS the
declarations OF witness, they could be made evidence
only under certain circumstances, and for special pur-
pose. That special purpose dscredit the witness
and 10 do So the FIRST requisite that the declarations
sboua be contradictory inconsistent with the evidence
given in the cause Il bad been said that they do contain
statements inconsistent with the evidence given by the
witness from The stand He (Mr. Carise) admitted, for
the sake OF Argument that they did contain contradictory
and irreconciabe statements. proper foundation must
be laid 10 authorize The giving OF contradictory state
men,s in evidence. To do so, the witness must be hsl
asked whether he made such statements, and then he
must deny that he has not The first requisite has been
complied with. Had he denied that they were hlsi ii
he had not, they were inadmissble III evidence.
The learned gentleman then read in support OF his ar
gumeni from the following anthorilies VIZ: Decision OF
Judge Tindal in OF Paine Us Beas,on LIST Moody
and Robinson Roscoe, page 1853 and Greenleaf section
462 note N, where same case is quoted 9th arlington
and Paine, page 69 and Smith Price, Sh Watts, page
AT; and referred 10 The decisions OF courts OF this
District the of Alexander, Calder, Van Ness, and
Camper In regard TO the papers beng admitted as the
declarations OF accomplish he quoted I'd SaTkIe on
Evidence, page H. The defence supposed the matter
was entirely collateral one. LII all the difficulties
which he had alluded sufmounted, the papers we've
not rebuttng proof, but evidence IN chief
The District Attorney, before replying TO the objections
of the defence, read the following papers, which deE
titled by Colonel Thomas TO be in the handwriting of j.
Charles Gardiner. and which The latter, with excep
ton, neither admitted nor denied TO be IN his handwriting
List Of papers proved 9th April 1853 by Col Lorenzo
Thomas. assist
United States be the hand writing OF John Charles
Gardiner, and offered in evidence by the prosecution on
the 81 of May: ..r.,
A. H., No 81. Carlos Gardiner TO Quiros. San Jose
MiIafores, December 49, 1914, unprecedented "Al Scr
Dr. Antonio Quiros, Morelia favor del Scr Paeno.'l
Fl L. T., No. "A J. {. Gardiner 10 Manuel Verastegu,
S Luis Potosi, May $, 1851.
1. T., No T. c, Gardiner to yerasegui. Mexico
September IT, 1851.
/. T., No 8. j. C. Gardiner to yerasegui, Mexico.
October 8, 1881, [snPerscrlbed '.sor Dr. MANUEL
Veraslegu Rio Verde Dto. "de S. Luis."l Pos,marked
L. T., Nos. J c. Gardiner 10 Verastegui, S. Luis
Poosi, OH November, 1851 tSuperscribed "Sor Dr.
Manuel vetasesui, Rio VeEde."l Posmaked "San
Il. T., Nos. j. G c. lssmb to verastegui,ls Luis.
Nov, 9 and Nov. 10, 1851.
l. T., no II, J. C. G. to Verastegui, S. L. Potos
Nov. 10, 1851.
L. I. No. Is, A H. No, 80, original in English J.
G Gardiner TO A. J. halsey 5 La's p PHos' Nov
Soeieoad. Megico"l Possmarked San Luis Po.os No
l. r. No. - &c G to verastesui, S Lss Poosi,
Dec IS. 81 TSuperscrbed IS. d. Manuel Veraslegui.
[. l.. No. 10. J. C. G. Fragment and postscript. no
date
L. T. No ID. Mano, without date or signature, con-
corning George A. Gardeners connexion with the claim
in the name John Il. Mears,
II, No q J. C. G. 10 YeIasegui, S L. Potos, Janu-
airy IL, 1851, lls521
L. T., No. 8. }. 6. G. TO verasiegu QueIetero Jan;
uary is, 1851. ll652 lSuperscfioed Sor. Dr. Manuel
Verasegui, Rio Verde."l Poslmarked Enero, Ia. 20
L. T., No. .. Loscar 10 Veraslegue. Washington, sep
de so lSuperscnbed "Sor d, Manuel Verasiegu Cui-
dado de Dr.. Eco. Couea"I
L. T., No. TO- Loscar 10 yerastegui, Washington, Sep.
de 1882.
draught of deposition Tor Jose Pando 10 10.
Certificate OF The judge, 10 be annexed 10 the deposit
Printed copy in English of the rules and regulations of
the board OF commissioners under the treaty OF Guada
lnpe Hdago. with few lines il pencil in Spanish, in
the handwriting OF John Charles Gardiner.
lPnva,el IA H., No 81
SAN JOSE MIRAFLoREs. Dec. 18th, ls45
Mr.. ANTHONY QURos: | have hardly time TO say
two words 10 you, and 10 inform you of The details
OF the lgvingl possession OF the mine Guadalupe"
and this reducing establishment, the which 1 will do
the first opportunity Neither does my lime permit me
10 give you minute account OF the dsagreeable events
that have taken place within these few days. caused by
Mr.. Gonzales he has had disputes and quarres with
everybody, and he has finally decided going 10 that
city al the most critical moment Such conduct ought
MOTTO be observed IN person having such considerable
interests under his charge This conduct IN Mr. q. IS
not TO be wondered al when take into consideration
for a moment his violent temper and pride.
la hne, you can inform yourself from MIR. Medina and
Mr.. Cambran, who will give you minute relation OF
all thai has toured they say that my brother deserv
ing OF compassion, account OF having TO sruggl~
and having TO do with such man, because they they
know him we'll
You will DO that which you think most proper for your
interest. aud what remedy you win apply to evils
which in their beginning, and which, after a
while, may haze remedy In the present state of
things II clear that they have satisfactory end
The gentlemen who gave possession (de ia possession
n rat bp Ouse
Having nothing else TO say, remain
Your very atectioBate servant, &C.,
CHARLES GARDINER.
"a rubrc)
Regards to the partners there and receive you those OF
my brother and Mr., elliot. The former does not write
for want OF time.
IL, T. No. Al
s. LUIS PorosI, May s, 1851,