The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-29
THE REPUBLIC.
TUE o.nCYwrD Cas1
THE GARDINER CASE.
CRIMINAL COURT FOR THE DISTRICT OF
COLUMBIA.
IakPoRTED FOR THE REPUBLlC.1


THIRTY-NINTH DAY.-Tu.day april 26.
John Charles Gordinsrs cross eramsstion resumed.
Mr. MAY. Do understand you to say that you
have never been at San Juan de Mirahores, in the
State Of Mchoacan?
Ans. do not remember. There are several
! Mirafiores, in Mexico.
Qtxs Do understand you to say that you left
the State OF Niichoacan some time in September,
Ans. Yes, sir; | think some time after the
10th S.
Ques. Did you return during the year?
Ans. Yes, cir.
Ques. At what time in that year?
Ans spent the winter of 1914 and l845 in that
| State.
CUES. In VIVA. part of the State2 sys.--.-...-
! Ans In different parts of it.
! Cues. Were you in the State of Michoacan In
| the month Of December, I64R
Ans cannot say exactly whether was there
during that month or not; as well as | can remem.
| Der, was there during the winter OF 1914 and
ls45, and the spring of 1845.
CUES. You cannot il months places!
Ans. No, sir; that was nearly nine years ago,
and it is now almost impossible for me to Tx times
and places.
Cues Do you know Antonio Quiros?
Mr. BRADLEY object to the question.
After the admssibility of the question had been
discussed at some length, the court ruled as iol-
! lows
The CouRr. drew my opinion up on yesterday
with the express intention of showing what the
court thought. think that it is pain, and that
it cannot be made palmer. said: at is impossi-
bic the court can doubt that the right OF cross ex
animation extends to testing a witnes's accuracy
ortrutb; whether he is under bias; whether he has
| received money to testify; whether he is related
to the defendant; whether he is inter6ted-whrh,
by the way, is not a collateral q, es6on; whether
he has not had a quarrel with the party; whether
he is an accomplish. These, and all other kin
dred questions, are proper and may beput, as they
have been put, In this case. 1t requires no argu-
/ O a q
miiar to all lawyers. All that has been said 30
ardently is beside the question. In my judgment
you may ask collateral question. if it will test
the witnesses accuracy; but you must be content
with his answer, otherwise the court would be en-
gagged in trying other issues than the one made up
for trial; but even that collateral question must
have some relation to the Issue trying, or to the
matter specified in chief If it have not, it cannot
be asked if objected to. 1t has been objected to in
this instance and having no relevancy to the issue
or to the testimony in chief think cannot be put
Mr.. MAY Will you test whether the question
4 be collateral one by the measure Of the issue In
the case, or by the examination in chief?
The CouRr. 1t must be done by both, and If II
be collateral, you are then bound by the answer,
and inquire no further. II it be not collateral
you may contradict by laying the proper founda-
ton.
MIR. MAY. That is precisely what understood
and trying to show to the court that, ii this be
question collateral to the examination, it Ia not
collateral to the issue. say that it is not exami
nation in chief, because that question is not con-
cerned where you inquire into the powers of mem
Dry and veracity of the witness.
The CouRT. What mean to say is, that q
question may be collateral and yet relate to the
issue fit s, you cannot followit out further, fol-
the given in all ofthe books that you would
be trying immaterial issues all the time. If it be
collateral but tends to prove the issue, on one
side or the ether, you may then contradict the
, witness by laying the proper ground. That is the
idea have about the law, and think that it is al
= moot impossible to be mistaken about it.
MIR. BRADLEY. According to the statement which
has been made, this evidence tends to support ir
part the evidence in chief of the United States
which is the strongest reason why 1t ought not te
be allowed, independent of the ruling Of the court
The CoyRr. The United States cannot give in
! any evidence in chief now. They are confined en-
tirely to cross-examination within the limits al
ready prescribed.
Mr.. MAY Cannot we support the evidence
where it is attacked?
The CouRr. You can if it comes in incidentally
but you cannot make that the main object You
can rebut every thing that has been produced, Blu
you cannot give in evidence in chief
Mr. MAY. (Handing witness one of the Morelis
papers marked A. J H., No. 34.) IL that you
signature to that paperl
MIR. BRADLEY objected; and debate then aros
with reference to the adissibiiity of the question
The CoURr. The court said on yesterday, tina
the United States may inquire as to where the wit
ness at the periods of time inquired about bJ
the defendant. This is an inquiry as to where tn
witness was and not what and whom he knew.
must be confined within the limits within which
he Gays that he at other Places and in that
pect it may be and alone be evidence.
Mr.. MAY. ITO the witness.) Do you know any
thing of hacienda reducing establishment
called San Jose Mirafores, in the State OF Michoa
can?
Mr.. BRADLEY objected.
The CouRT. You can only ask his whereabout
at the times within which he said that he was a
. other places.
Mr. MAY. Did you visit a hacienda or reducing
/. establishment called San Jose Maridores, in tn
State of Michoacan, between the times you hav
/. testified you were at GuanajuatoAnd Mazatlan?
Ans visited two or three rehneries in the Stat
of Michoacan but do not know any by tina
name. stayed at one called San Diego.
is from Mazatlan?
Ans / do not know.
Cues. From Mazatan where did you 60 to?
: Ans. To Topic.
Ou,s. Did YOU pass the town of Rosarioe
: Ans. / do not remember the names of the town
/ passed through at that time. am speaking o
what occurred seven or eight years ago.
CUES. Was the port of Mazatlan you visited!
Ans. Yes, sir.
: Ou,s. Do you remember town called by tina
name!
T. Ans. There is town in the interior called tn
presidio of Mazatan; think that the town OF Ma
zatlan was moved from there to the port.
GUS. How far is it from the port!
, Ans. do not know, sir
CUES. How long did you say you remained
Mazatlan?
Ans. was in Mazatlan few days, in the winte
Of 1916, and on my return in the spring;I suppos
| was there about two weeks; cannot be positive a
: to the length of time, be it more or less.
Quss. Were you there three weeks in all!
Ans. suppose / was, but it is mere guess work
Cues. Do you remember place at Mazatlal
called Las Olasalas!
Ans. Yes, sir.
Cues. In what part of Mazatlan is it?
Ans. 1t is the place in Mazatlan where though
8 the best houses we're built; 80 far as my memory
. will assist me- it is on one side OF point Of lant
: which projects into the sea.
Ques. Do you remember place called the Cres
ton?
Ans The Creston il point or bluff towards tn
) sea; OIasaltas is towards the city.
CUES Is the Creston the exterior point of tn
. bluff
. Ans 1 understand it to be the extreme point
D Q,ss Do you know where the Biglia is?
Ans | do not remember having seen such
. place.
Que. Is there any mountain near the port o
. Mazatlan?
&c AM. The country is mountainous back of tn
= port.
q CUES How far 10 the nearest mountain to Mazat
AM, cannot state, sir; it is buta short distapc
. frop Mazatlan.
;. Cues. Is the nearest mountain within one or tw
milee!
So Ana. I do not know.