The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-11

Mr.. CARLIsls. l did think that feeling Of
delicacy would hsye induced the prosecution to
refrain from serving this notice on the defendant
while engaged in attending to this trial, and that
he would not, while defending himself from an
accusation here, be c0fhpe2d 70 f6rego bis rights
elsewhere Here his character and liberty are at
trial prevents him from attending there; and at.
tending there would prevent him from taking the
proper means Of answering the charge that has
been brought against him here. This course of
proceeding naturally disturbs both him and bis
counsel, and operates greatly to his disadvan.
taEe. Under these circumstances, spoke TO the
District Attorney when this notice was served
asked him. hat doyou means Are we TO at
tend to the taking of these dispositions while this
trial is going onl'' and he said ssNo;" and he men
toned the hours before aad after the meeting and
adjournment of this court for the taking Of these
dispositions. Then, without word more upon the
subject, and without the ieast dream Of suspicion
on our part that he was at this time going to take
these dispositions, either before 10 O'Clock in the
morning, or after o'clock in the afternoon-after
all that after this distnct understanding thus for
chilly impressed upon my mind, and in the midst
of the examination of witness to day. noticing
the absence of the District Attorney, inquired
where he could be. and thought it barely posai-
bie-though must confess could hardly conceive
it probable-that he might be at the Mayors Office
taking ese.depositions and after further inquiry
it came out that he actually. was there, taking
these dispositions, and we knew not word about it!
MIR. FRNDALL. The terms of the notice were
that these dispositions would be taken between
o'clock in the morning and O'Clock in the even.
ing. did undoubtedly tell Mr.. Carlisle that these
dispositions could be taken before and after the
meeting and adjournment of this court
Mr.. CARLISLE. And 30 / supposed the thing
would be done, and that we would have due no.
tice.
Mr. FENDALL. And supposed that the thing
perfectly understood. But if there is any sort
OF misunderstanding about it, if the gentlemen
nil fo kovn tax hAfO
and after the meeting and adjournment of this
court, all the dispositions which have been taken
to day shall go for nothing. and we will begin
afresh. fS
Mr.. CARLISLE. L understood the proposition to
be distinctly made in the way that have stated;
and knowing now that q different course has been
pursued, shall make no agreement with the coun-
sci of the United States; for should do 60, after
have made 1t can have no reliance upon what
may be the result.
Mr.. FRNDALL. 1t was mere chance conversa-
ton; there was no positive agreement made
about it.
Mr.. CARLISLE. So far from that being the case,
must aver that understood the thing quite diff
ferentlY.
The Couar. cannot say word about it. 1t
does not at all the proceedings before this
court. All that can do is to accommodate both
parties as far as can, which l have already ex-
pressed willingness to do.
Mr.. CARLISLE. Your honor has been kind
enough to offer to adjourn; but, without any fault
the part of your honor, that offer comes too late
We feel obliged for your honor's courtesy; but the
mischief has now been done, and the prosecution
must repair it as they best may,
Mr.. FENpALL. We are willing to withdraw
what has been done, and to take the dispositions
before and after the meeting and adjournment of
this court, il that will suit the convenience of the
counsel for the Defence or in any other reasonable
mode that may be suggested. -.
Mr.. BRADLEY. No, sir; it would be said again.
it has been said before, that we wanted to make
capital out of it. is G
Examination Of Capt. Doubleday by Mr.. Bradley
Cues Have you the tracings of the map which
you made! aRa - seels ate.t.
Ans. have not; they were accidentally burned.
CUES. And you made no other copy of them?
Ans. Did not; but reduced them to this scale.
CUES. Have you any copy of the map of Colonel
Reyes:
CUES. Ia it a map of the State of San Luis Poto-
al, or particular portion of that State?
Ans. Colonel Reyes had no map of the State of
San Luis Potosi. He had small maps of different
had taken at different places. . F7e
Cues. Were they surveys?
Ans. They were.
CUES. And plots? if t
Ans. Yes, sir. - t..., sttt
CUES. Do you recollect any other information
you obtained? f., 8aoste
Ans The only other information obtained from
Colonel Reyes's map was from his map of Guerra
taro "r yea
Cues. Was that full map? las bus
Ans. It was full map, and had the boundary of
Laguiniltas upon 1t, and the two principal roads
laid down-one from Laguinillas to Arroyo Seco,
CUES. Do YOU recollect of any other road laid
down in Laguinillas except those which you have
Ins. No These we're laid down because they
were embraced in that section of country near the
boundary. v lsstp Ftaj .iaidu 81 ba.
CUES. Do you recollect whether there was
place called "Nogales?" -tF5
Ans. do not. .atit azf tfaan III
Ques Then the southern boundary of Lagui.
nillas, you have described it upon your map, is
taken from these two maps? Fee
Ques. You did not visit that portion of the coun.
try yourself believe. .C9fEs
Ans No; except the one corner stone near Com
munidad.
Qa.s. understood you to say that you corrected
the map which you had as far as necessary by OBJ
servation?
Ans. Yes, sir.
CUES. Did you make any sideral observations?
Ans. | did not. | did not not take the longitude
Cues. What instruments had yous
Ans bad prismatic compass and small
compass.
Qu<s Then you had no transit Instruments?
Ans. had not. ata ssa auls tiv sab
Cues Then how did you make your observa.
tons on which you corrected these maps?
Ans. By observations of the course of the road
Oy the compass. Inc distances had to Judge of
as obtained them from guides, and the time inter.
vening from the leaving of one place to the arriv-
ing at another. F4ssH ,i IN hree, ssafstIs} =
Ques. understand you to say that that map re.
presents the positions of places as corrected by
you. IL that so! ta7a m
Ans. Yes; mean the places on the route.
CUES. What places did you correct?
Ans. corrected the villages from Guadalcazar
up to San Luis Potosi, and down to Rio Verde,
where came out exactly. es's -
Cues. That lie to say, suppose the distances given
your own observations BY the compass, you came
out right!
Ans. Yes, sir. .ssspr
Cues. Did you observe whether there was any
difficulty in traversing with your compass in any
part OF the route you went!
-An3. did not.
cues. You say you made an observation at the
southern boundary stone. Explain what that OBJ
servation WASH rs-.f - 8-N
Ans. I could not say that made an observation.
merely saw that II was properly laid down on the
map. bas 4gsgg4 las.iiss33 FL Fsf
Cues. How did you know that?
Ans. estimated by the distance and the time.
l0sRs. hut there was mo- scientific observation:
applied to It. nor had you the means Of obtaining
it's proper location?
= Ans. I took the official position of this road. I
saw that 1t was in the main correct; and. seeing
that the corners appeared TO be correctly laid down.
took il to b officially given. 81
Cues. Tour Language in answer to Mr.. Mays
question was ri made an observation at the south.
L IA ~ L. ~~.- Ar~s~ H.. 49,