The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-03-23
THE R EPU BLIC.
THE GARDINER CASE.
CRIMINAL COURT FOR THE DISTRICT OF



should not be excluded from the courtroom.
The CouRT thought it useless to enforce the rule
because the proceedings of the court were pub
llshed every morning.
Mr.. CARLISLE thought they might derive some
advantage during the day, before the proceedings
were published, from the exclusion of witnesses
The CoURT concurred that there might be tenn
porary advantage, viewing it in that light. There
of proceedings: that the witnesses might read
them; and that was the only disadvantage about it.
DR.. Dauis, recalled.
By Mr.. FEsDALL. You have been sworn in chief,
! | believe, before?
! Ans. Yes.
| CUES. You stated on the former examination
that you had been Secretary to the Mexican Board
of Commissioners; that you were appointed short
time before the close of the commission; and that
all the papers before the board in the Gardiner
larIy about these two papers, Showing witness
papers markei SO" and ss3.") Are these your
marks upon them?
4ns. Yes, these my marks.
| Mr. BRADLEY. Let US see them (The papers
were passed to the counsel for the defendant.)
Mr.. BRADLEY. We understand you to say th It
these papers were in their present condition before
they came to you, and were united together as they
| now are?
Ans. 1 did not say any thing about that. said
recognised my marks upon the outside of the pa
| pers.
Cues. Have you looked for them into the inside
Ans No; have not. .at. a.. -.......ss .
Mr.. BRADLEY. He says the papers were before
| the commissioner.
14ns did not say SO; the counsel asked if | re-
| cognsed the marks, and said did, .
CUES. Will you look at the papers and see if you
have seen them before?
Ans. (Lo king through the first paper marked
"2.') This one Is the same paper that have
seen before, but there are some marks upon it now
that were not on it before. .-
Mr. BRADLEY. What / want to know is whe
ther these papers-united together by the same
string-are the same papers that you saw before
the board?
Ans. No; they were not united by this red
string; they were sewed together.
The CouRT. Did the bundle embrace tue whole
of these papers? =.
Ans. Yes, the whole of these
The CouRT. What is the mark on the outside of
the paper that you speak Of?
Witness. My mark, sir.
The CoURT. Yes.
ARs. ssNo 2.''
The CoURT. Then will say that papers marked
's2'' were before the commisson-the whole of
them. 80
The DISTRICT ATTORNEY. Yes. -.l .a-
Witness. So were the papers marked ssNo. 81
CUES. You have stated that on this paper, ssNo.
p there are come marks which were not there
when they were in your possession. Will you
state what they were? ae sa
Ans. Gardiner, ne Varietor-J. Antonio with
mark which l think was put on by Mr.. Soule.
By Mr.. MAY. Is not the first paper in the Span
ish language?
Ans Yes.
Cues. What is the other paper, Ono 3?'' ...s
Ans. No. 8 is translation of this paper.
Cues. Did the rules of the board require that
translation should accompany each paper in the
Spanish tongue, and be filed with it?
-Ans. Yes. 81. Nc ..as.- ...s.
CUES These are the same papers that were filed
with the claim of George A. Gardiner before the
Mexican commissioners?
Ans. presume they are the same, because they
w cd to hr,T 7
lect this paper, marked "No. 2,'' probably more
particularly than any other paper in the case.
Mr. BRADLEY. Do you mean the first leaf of the
paper which you hold in your hand?
Ans. mean the first leaf of it, which is marked
"a, No. l.'' 1t is part of the packet" No. 81
The DIsTRIcT ATTORNEY. understand you to
say that these marks, 81. w. M, 2Sth of August,
1882 'L. g. t., Both September, 1892 were
and that, with the exception of these marks and
this red string, sewed through the papers, they
in precisely the same condition that they were
then?
Ans think they are N
CUES. You say they were sewed together with
thread, and that this red string put in after
wards?
Cues. "No. 80 the translation of emo 30
has pink string; do you remember any thing
about that? - aasF
Ans. lido not recollect; it had string of some
kind, because recollect opening it and reading it
By Mr. MAY. Did you read the paper emo. 90 at
that time?
Ans. recollect casting my eye over it at that
time. 81. -s.rEs ...s - ....a
CUES. Was it necessary for you to examine them
to ascertain what they were? .
Ans Certainly. a# .s ..a s.e-=a
Cues. You ascertaining what the papers
were? : 7't1
Ans. Yes; for the purpose of making my index
and looking at the question. En-. - =. ..-
Cross eramination.-By Mr.. Bradley Have
you ever seen the papers since that time?
Ans. Yes, frequently. a 1.=. s.E ..s
CUES. Have you any one of them separate
from the others? sF'ef aH
Ans. think have seen one OF them separately.
Cues. Which one? as.~ .s. - .
Ans. The title page. o.
CUES. The paper marked ga, No. 1?''
Ans. Yes, sir; sA, No. ~ the first page.
CUES. You saw it separated from the others;
where did you see it? .s- =
Ans. recoIlect separating it once myself at the
State Department.
CUES. Where did you. see it separated after
wards. @at ~ Ea@ #
before the commissioners. a z-s 8. ag 81
Cues. Was it not separated at the examination
before the Mayor of Alexandria?
Ans. 1t may have been. -
CUES. Was it not separated from the others be.
fore the committee of the House of Representatives.
Ans. / do not recollect.
Cues. Do you know whether the papers
ever taken out of the United States?
Ans. Not to my knowledge, / do not think. =
CUES. You say you made an examination of the
case before the time of the awards?
Ans. Colonel Payne gave the papers for he
purpose OF making an examination of this case.
CUES And did you make the examination?
Ans. Yes
CUES That was before the final award? ss s.
Ans. Two or three days before. ss
Cues How long before the final award was an.
nounced were you appointed secretary:
Ans. Eighteen or twenty days, think
CUES Did you repeat your examination to the
committee?
Ans. Yes.
Ques Subsequently to that time-about three
weeks after the publication of the awards-you
were making out your index, and made second
examination of the paper?
Ans. Yes had it in my hands frequently
almost every day.
Cues. Did you show it to any other persons!
4ns. Colonel Waddy Thompson came in and