The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-05-07

creditors for about Sls00o0 but they paid by
nslamenls and that al The period OF Mr. Cts expulsion
there only remained the OF 42 500 and some dollars
part OF which was q debt OF DIR Aears Aud this sum
was 10 part owing from Mi. J. IL Mears, whose quick |
silver mines oil Diego had also been supplied with capt.
tai upon The recommendation and endorsement OF said
Gardiner these gentlemen made and signed Joint
obligation pay the amount there stated, which obli
CATION sold and endorsed 10 Don Diego dc la Lasra,
Spanish merchant Tampco and this gentleman sent the
same his minister at Washington, IN order that he
should recover the from the claim of the said
Gardiner, and John II. Mears'l
Deponent also states that he knows that said Mears
had not and has not any interest in the Gardiner Mines
and that Mears had none IN the said mines the Sierra
belonging 10 Gardiner
Deponent adds that Gomez, referred 10 in this depo-
siuon, went in 1850 10 Guadacazar upon his own
business and afterwards went TO the mines OF Sonora. 10
the places known as the pllntha5 de plata, the
gnacio river, and among the Apache nation that he
knows that said gentleman, although he agent in
many matters Tor Mr. Gardiner, never made any advan
ces 10 said mines, but sor, OF agent and bank e
OF Mr.. Gardiner.
He also declares that he knows positively that Mr..
G. was the sole and only owner OF this undertaking,
and had any partnership with any one. although he
owed large which were len! under bond Depo-
nent also thinks that MIR Gardner did make much
OF the letter OF credit from Senior r. Gayez for he
knew afterwards that this letter was SORT OF specula
ton OF The said Senior p Gayez, and that this arrange
men OF The letter OF credit was private affair between
them, aud that Gardiner could not make OF this
credit unless he paid exorban OF usuIy which,
although Gardiner yielded 10 II al first because he bad
NOT sufficient capital, he afterwards refused TO do so
sociass agreed TO advance II 10 him al moderate rate,
[of per cent per monib'I Opponent further swears
tina, his name s. as stated Joseph osf) del paado
| native OF ---, and -- years OF age by profession
merchant and miner, and that tor ----- years he has
lived in Rio Verde, where he resides; that he is
neither agent attorney OF said Gardiner, and that he
never partner in The mines OF said gentleman
that the said debt he had against said Garclaer he has
sold, stated, 10 Mr. Diego de la Lasfa, and he has
therefore interest, direct contingent IN said claim;
that be has by the newspapers The sum paid TO SAID
Gardiner tor his [expu losses suffered in consequence
OF his expulsion, and he believes, and II is ms opinion
that The u s. government have in way over
rated the matter; but, on The contrary, he thinks, in
of the suierings and losses which said MIR G.
tanned, that bali million OF dollars would not be too
much and he signed this with me, the judge, and IN
presence of the usual Witnesses, &c. &c.
Let the certificate of the judge, according 10 the copy
you have, here in. In making this and other depo
stons, you must look over the various memoranda
which you have, and let the Judge certify also that il was
certainly in 1916, that Rio VERDE was invaded BY the
and that they burned the aTchives IN hne,
let everything be straght)
Certificate of the Judge.
l. the above named Judge. before whom the foregoing
deposition TAX en-, certify that not the agent nor
attorney oil The CLAIMANT OF any person interested IN
bis claim, and that have interest," direct or contingent,
in it. certify also that | know The deponen tdepo-
nens aud that his cath is worthy OF all credit, and that
this deposition has been written IN my presence by the
clerk and that the said clerk has interest IN This
claim agent attorney, director or in any other capaci
y and tina, have read this deposition TO the depoaent,
who ratihes it in all lis parts In testimony OF which,
give the present, in - the -, 1851, in the presence
OF the assisting witnesses.
IL. T. No.. il
Annexed to the draft OF deposition of Pando III ere
is found printed copy OF the "Rules and Orders CT the
commissioners appointed under the act OF 81 OF March,
lSi9 entitled San act TO carry INTO effect certain spuia
tons OF the treaty between The u !. OF America and
he republic of Mexico of the 81 OF February, ls4s On
the top gin OF which the wing words written
in pencil IN the handwriting OF j. {. Gardiner
81 do ate The articles marked on the margin
because they relate 10 claims oil The year 1889"
The articles referred 10 the fifth and second resou
ons which follow it, and the three succeeding orders,
and the OH 7th and sth articles of the fourth order
The from article XIV OF The treaty between the
IT, s. and the republic Of Mexico OF I'd February, lsaS
1885, CONTAINED in the pamphlet is marked on the
margin with ink.
The words marked with an as,erlsk and enclosed in
brackets are erased ia the original
[NorE-Tbe Spanish words from which the words in
italics OF letter No printed in Roman 10 yesler
days Union UNDERSIGNED in The original et,er:l
do not know If they may desire 10 go TO the mines
II so, lei them go alone 10 seek adventures with noun
taineeFs (Saraaos0 and take the consequences will
not expose my skin, and much less about IN time MAT
people have inclination 10 make tlie disturbance
In the letter marked IL T. No. 81 s. Luis, Nov. TO-
1851, the sentence ''The two came here have no
kind OF elasticity that there counting upon them
except enenaus," should read !" The two men who
Note bv The RsporerTke agents referred to in No.
0, under date OF November Q, 1851, are Mr. George W.
Slocum, OF Alexandria Virginia aud Mir. Bowes. They
are also meant by the two men referred 10 in No s
under date Ct November 10 and Mr.. Slocum is the
I" agent referred 10 in other parts OF the letters
Each OF the following words, printed bet ween brackets
added by the translator TO complete the sense VIZ CIV
ing see 10 do so. of them, the agents, IN RIO Verde he
was situation, by circulated al Washington also, con-
tested, us. of men, collecting evidence"
The Dstric, Attorney then proceeded 10 Akpain the
grounds OF the sdmssibity OF the papers ~ evidence
LIST. As eontrsdicng the witness
The OF Paine Beesion, Moody and Robin
son, 90; and Long Hitchcock, 9th Darlington and
Paine, 6l9, In conflict with The OF Crowley
Page, 7ih Darlington and Paine, 7o, which seemed 10
Long Us Hitchcock was little later Than that OF Cow
ley Page but il was difficult 10 get over Judge Park
efs objection tina, il the rule that evidence oil
statement which the witness which the witness neither
admitted denied not admissible, "you could never
contradict witness who said be could not remember"
The circuit and criminal courts, ii said, had adopted
that rule The criminal court had done reluctantly
and under the pressure OF precedent IL would not ex
tend the rule ond the facts and ccuns Of
TO which II had fell constrained TO apply H. Those were
all cases OF e-bG statements. The roordo OF
the witness o. Charles Gadiner) only TO the
fact OF having written the letters, &c. any knowledge
OF their subec,-maiie bat 10 the knowledge OF hsown
handwriting The OF the rule 10 rerbaf state
nents conceding that rule 10 be as conlendsd Tor
did not apply TO pritsr evidence. Geeuleaf on Evi-
dence, 462. 400, 464 Phillips on Evidence, <63.
Several of those papers directly con,radicied the posi-
tive declarations Of the witness made on the stand
hers contained statements word that the jury might
properly infer such contradiction. This sufficient
why the court should send the documents TO the
jury As TO the right of the jury, in certain cases 10
consirue writings, Green Ev., 6li9 Siaikie Ev
525, Sd ed.
On the second gronnd that the witness ia an accom-.