The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-03-29
n..r aAnD1nnR CASE.
oD,u,n.,, COURT FOR THE DISTRICT OF
ehiMiNAN COLUMBIA.

IT, nj
s ed for false swearing. in order 70 procure an
ward from the late Mexican Board Of Commits,
sioners.) Messrs. Philip r: Fendaii, enite e
ITn;.ed states: and Messrs. Joseph H. Bradley,
James M, Carlisle. and B. F. Perry, of South
Carolina, for the defendant.
FOURTEENTH DAY-Mondag, March %.
M MAY said that he had seen yesterday for the
FIRST time in the Rdps0se an h account count q the pro-
- The court had directed its remarks, as to the
;rrtabty and sensitiveness Of counsel, entirely to
him.
about it; but he remarked to Mr.. May that he was
Mr.. MAY said that he understood the Court a.
saying there was too much irritability among
counsel all round.
Mr.. CARLISLE said that he understood ii address
ed to Mr., May altogether, be being the only one
out of temper that day.
The CoURr said he remembered nothing about
it. l do not say did not make the remark, but
do not recollect it. s ~.
Mr.. FHxpALL said the Courts remark was that
there had been a good deal of irritability on all
sides. -
The CouRT. All 1 recollect saying was to Mr.
May, that he was too sensitive; and that ia all do
recollect s"~-- ~-..
Mr. MAY said he understood it at the time az
Mr.. Fendall did; otherwise he would not have al
lowed it to pass without noticing it.
Some remarks were made about reading over to
the witnesses every day the report of their testi
mony, and allowing them to correctit, but nothing
was agreed to-
Examination of VIM. w. Hunter resumed,
(Witnesss answers to the first two or three oues.
tons put to him were uttered in 30 low tone that
they could not be heard at the reporters desk)
By Mr.. MAY. Do you remember whether or
of certain persons!
Mr. BRADLEY objected to this question.
After remarks by the counsel
The Couar 1t is proposed to ask the witness if he
0r mar nod
and others-this same inquiry having been testified
to by Captain Barry, without objection, in an
swers to questions by the United States.
It ia objected to by the defence.
This evidence having been given bv Canta;n
Barry, without any objection on the part Of the
defendant, the counsel for the United States ma v
make the same inquiries. of Captain Hunter that
t they made Of Captain Barry i the objection had
asked OF Captain Barry, the decision of the cour t
would have been different; but they having been
permitted as stated it is too late to exclude them
MIR. MAY asked whether he knew of any inou-
ries being made for persons named Espindsa.
Simpson, and Andres Arreano, and whether any
such persons were found?
Wines said inquiries for the persons named
were made in his presence, and no such persons
were found.
CUES. l understood you as testifying that YOU
entered the municipality OF Lagunillas from the
northwest to the boundary stone, and put your
whip upon it. Did you pass through the village of
Penijuan?
Witaess appeared to make some reply, but no
distinct articulations were heard by the reporter.
Mr.. CARLISLE to witness. must trouble you
to speak little louder, captain. Your answer is
not heard.
Witness. We passed through the village of Peni-
juan. Penjuan ID nor:heHy from the village of
Laguinillas by the course of the road which we
passed over. took no compass bearings at the
time.
By Mr.. MAY. How large a town in point of
population did you take this village of
ans. suppose of about four hundred people,
from the appearance OF the village and the number
OF the houses.
Mr.. BRADLEY protested against this mode of ex
animation Every question was directly leading
After remarks by the counsel
The CouRT directed the questions to be put in a
more general form. The counsel might ask what
towns witness visited.
BY the DlsTRicT Attorney. State what towns
you visited in Laguinias?
Ans. visited Penijuan and Laguinillas. Peni
juan was very small village; but for its having
name should scarcely call it village Lagui,
nillas was quite village.
By Mr.. MAY. Can YOU describe the s;tnat;o, of
the town or village of Laguinilas and the face of
the surrounding country--its general features?
ans Laguinillas is situated nearer the south.
west boundary than the northern boundary. The
country around is very famous and tia pa this
to be travelled with difficulty on horseback.
The CoURT. This is around Laguinillas?
Ans Throughout the whole municipality of
Lagulnilias In some places for a short distance
the road is better. but generally very rugged. In
deed should think the term road Is scarcely an.
plcable to any pass way throug h the municipality
is very rough and rugged.
CUES What kind of vehicles could pass over il?
wheels
2u:' NJ ask you whether or not you saw any'
Cues. Did you tell, when you were on the
stand on Thursday, at what time you left Lagui-
nillas?
Ans. did not.
Ques. Well, sir, just go on and state?
Ans (After referring to a memorandum book.)
Wednesday, fifteenth December, 1852, left Lagui-
nillas at about six a. m.
The CouRT. Six in the morning?
dns. Yes, ante meridian.
Qnes. That was a contemporaneous memoran-
dunn. You made it at the time?
Ans Yes, made it at the time.
Suss State where you went!
4ans passed out of the municipality Of Lagui-
nilias and arrived at place called Carrasal about
three O'Clock in the afternoon.
Carrasall
Ans. Yes; think we passed through place
called Arroyo Seco; think so.
. eues. In what part of this district country
that you travelled through did understand you to
say the town or village of Lagunilas was located:
witness said he did not remember, but could |, e.
fresh his memory by looking at the snap
stone? ~
Ans. Five or six leagues; or / should saw from
the OF the road 1t was perhaps seven leagues
The Court. From where and to where?
Ans. From the north boundary stone to the viii
lage of Laguinillas. "
Gues Do understand you to say what the noai
ton OF Penyuan is in relation to Laguinilas?
4ns. Penljuan is near the southwest boundary
Of Laguinillas; | should like to refer to the man.
however. T'
The counsel for the United States proposed to get
the map; but
Mr.. BRADLEY objected, and wished witness to
speak from recollection.
Witness. beg your pardon. ! COMPOUNDED the
two places, Arroyo Seco and Penijuan. when
you asked the question. Arroyo Seco is to the
south; Peniiuan 10 near the northwest boundary.
Mr. MAY. What State 10 Arroyo Seco in?
Ans. Arroyo Seco must be, think, in the State
of Queretaro. 1t ia near the boundary of Laguin-
jllas.
Ques. Captain Doubleday's map of Laguinillas
and vicinity being shown to witness.) Look at
that and see whether the positions of places are
located correctly?
Ans (After looking.) Yes; used the word
Arroyo Seco ier Penijuan, by mistake.
QAiss Do these places appear to you to be located
correctly on the map?
Ana. Yes, they do; for have seen it frequently,
and looked at it for the purpose of making up my
mind upon the subject.
Mr.. BRADLEY. Do you offer that map in evi