The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-06-07
The Gardiner Trial.
CRIMINAL COURT FOR THE DISTRICT OF coLuM
BlA.
Reported for the Union,
FTTY SIXTH DAY--THURsDAY, MAY 10, 1888
In CONTINUATION


FiFTY SIXTH DAY--THuRsDAY, MAY 10. 1888.
TN coSTINuArloNI
Mr.. FESpALL continued as follows:
We Will now examine the relative positions III when
the Witnesses for the defendant and those lo Tue Pose
cution stand before YOU A great deal has been SAID
about the bias OF the witnesses for tue piosecauoni ahu
Their testimony has been sought 10 DC eAcuusa i,o sen
sdeaion on the ground OF any suspicion mat they
were subject 10 any improper influence, bu that II would
be dangerous general principle and as precedent
which eh operate nurlousy 10 allow Their testimony
10 be given They had been sent out there by the
eminent to get testimony post hem notamthat is, after
the controversy had begun; and was said 10 be right
on principle, suspect OF an improper bias the state
ments of Witnesses so crcumsanced The commission
ers so they gave testimony confirmed all that had
been said in regard 10 the geography OF The country by
Capt. Barry admit there may be some minor dscrep-
ancies The commissioners and Capt Barry were not
acting partlsans, but sent out public agents
The discharge OF high pubic trust Whatever COM
pensaon they 10 get, they have been paid and il
very inadequate compensation Tor the services tsey
performed and the pIvaons and hardshps they endured
They have nothing further to expect but here these
Witnesses Abbott and Slocum, going out al the request
OF the defendant, manesy shown to you, par
issns. knowing nothing about this case except from in
formation they acquired from him. telling you that they
knew nothing about his title; and after they reached
there, instead OF acting like Capt Barry and the comms
sioners, seeking information wherever was likely to be
obtained, they did not know whether they in
Lagunillas Queretaro and they told you they did
think il necessary inquire hey went out there
The parsans OF the defendant acting blndfod and rest
that they were IN Lagunlas and that the mine which
they saw was in that district They arrived at La
gunillas on the 20 OF November, and the first thing
oil them does the next day write partisan letter,
be published in the providence Jounaa letter full of
gross and uniounded mpualions the government and
officers Socum admitted be had written such let
ter to Joseph II. Putnam, and had requested lis publ.
cation This witness then did that horrible thing Tor the
ikeof which such man as James Wright Is sought TO
be tsc!edited-he who was summoned as witness on
the OF the United States. and who in vindication
his truth and honor, and those OF his companions
thought il necessary TO reply to statements in an cleo
uoneering speech, made III The State OF ONO by Mr.
Robert CoIwIn, Of the counsel OF Gardiner Be.
cause he had been sumrnoned witness here, Mr.
Wright has been denounced before you for making such
publication that, lest perchance, II should IN
tuence the public mind and excite prejudice against
this Defendant. Here is without any pretence OF
having been assaed without any ntimalion thai any
thing has been SAID regard TO him, either directly
indirectly, which would require him 10 abandon what
told is the sacred duty OF wltaess-a man who
had gone with The defendant look these mines,
and become witness Tor hm-wrng partisan letter,
headed Attempt 10 murder Dr. Gardiner 10 the editor
oil Rhode Island ewspaper requesting that should
be pubished and while they proposing to go TO The
mines IN Two or three days, he undertakes TO tell his
friend Mr. Pman all about them Heeays:
They those owned by Dr.. Gardiner, and from
which he driven by order OF the Mexican govern
meni," SIC. "One OF them is within rife shot OF this
village. (Lagunilas) and The other so as many days
journey distant"
shot" meant, and he said II mile distant You have
heard Of men shooting out OF long gum but dare say
luTlneT taan THIS rllle could
med The printed copy be correct with the exception
OF that portion where he refers to the mine being rifle
shot distant" lie told you that was mistake, but he
did not tell YOU clearly how il a msake--whelher it
mistake OF his or OF his iTend, Mr.. Pltman.
Mr. BRADLEY | claim the right TO ask whether the
gentleman means 10 say TO the jury that the witness did
not explain.
The CouRT. Ii The witness did explain, and put the
different shape ought TO be presented to The
Jury in the true shape.
MIR. MAY There need be anxiety about this, for
will give word tor word what he did say
Mr. BRADLEY. Very well, then.
The DIsrRIcr ATTORNEY. DO not mean to put the
witness wrong position, nor in any position but his
Mr BRADLEY. do not think Mr.. Fendal would pu,
gentleman wrong positions but il the witness has
put himself IN wrong position, II is another thing If
he has not Mr. Fenda ought MOI 10 put him wrong
positions and far as concerned he shall not do it,
The DISTRICT ATTORNEY Do not speak 10 me so per-
emponly, or ! may reply IN the same manner. l have
night 10 draw my own nerences from The evidence
which has been presented Captain Slocum testified
follows
"Ques Have you not said the fret mine swned by
Dr. Gardiner within rifle shot of the village Of
Lagunlas Sec
Witness, in reply, understood 10 say in substance:
That he wrote the letter which published his
signature in the Providence Journal OF January H. 1853
but that occurred in It's publication, and that he
wrote 10 the editor OF that paper, requesting them TO be
corrected. He did not write that of DIR. GARDENERS
mines within rife shot OF the village OF Lagun-
las or il be did, he did not intend 10 do so-such
not the fact"
He did not say that he did write it, bat only that ii
error though how il made does not distinctly
appear He says he did not write H. but then qualities
II by saying mat II be dad write H. he did intend TO
do So" leaving II doubtful whether he wrote il or not
Did General Ptman the Providence printer measure
the distance by rife shot Gentlemen, you con-
tent with this explanation II is for you TO sag how
far credit Is 10 be gwen 10 Socums statement pre-
scented the question 10 you OF comparative credit
between Abbott and Slocum, the hand regard TO
the topog raphlcal question, and Captain Barry and the
commissioners, on The other Here the statement made
by this witness the day after he gets the village
of lagunillss TO which he for The purpose OF ex-
plorng these mines
You have that one announcement will no, cover
mines one OF which is two days journey from the others
When the witness was shown the mines which the
defendant claimed as bis, and II found that one OF
them was two days journey from the Others then il
that he found out he had made a mistake. Though be
had not been 10 the mines he gives affirmative de-
scripuon OF them. He says that q there are three of
them They are those owned by DR.. Gardiner" &c
Who told him about them except Gardiner HIMSELF
Mr.. CARLISLE. lie bad read the title deed that morn
ing.
The DISTRICT ATTORNEY. SO much the worse, then
saying that OF them rifle. sho, distant" That
is sort of mistake the explanation OF which makes the
thing darker He wrote letter before he had seen The
mine, asserting the fact that OF the mines only
ri1e-shot distant from the village OF Lagubias. On
what authority could he assert that fact except that OF
Gardiner, who with him, and could tell him about
the location of these mines He had this ,te be
sure, but not from that title that he learned that
OF the mines within rife shot OF the village"
But quite the contrary. lie must have obtained tina, fac,
from Gardiner himself, and that illustrates the bndfod