The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-03-22
MIMI DAY-MoNpAY, MARCH 81.

NINTH Day MONDAY, MARCH 81.
The prosecution asked that the rule excluding wit
nesses from the court before their examination be re-
sclnded.
Mr.. Carlisle objected and the rule was allowed to
main.
DR. Davis recalled. and identified certain marks
upon the papers that had been flied in The Gardiner
marked %" and 49,, tprovng the title 10 the mines
Had no further knowledge OF them than the marks be
put on them when they were handed to him sec
rotary OF the board OF commissioners for Mexican
claims
On the cross examination DR. Davis said he had seen
the hrst page "a No ~ separated from the others thinks
he separated II from them once himself Cannot Iecol-
lect this done al Alexandra, before The may
OF Washington, or before the Senate committee Is not
certain thai this paper has been out OF the county Has
taken more than twenty copies himself He testified
generally 10 having made cursory examination OF the pa
pers. al the instance OF Col Paine, and fuller al
ter The award made-abou, three weeks after Recol
ects having shown the papers TO Gen Waddy Thompson
and Mr. Ben Green, and had them also at the cabinet BY
order oil the President. About three weeks after the
award was made there was considerable talk about this
case--hote talk. There was considerable more said
about the papers, but nothing additional
Hon George Evans was recalled, and recognised the
papers already testified 10 by DR.. Davis, mark and 3
Has doubt both (the original deed in Spanish and the
transauon were before the board Finds evidence OF
their being filed; there might have been mark
envelope which is lost. Thinks these papers
have been filed late in the fall OF so the winter OF
81. There are some marks on the papers witness does
not Iecoect having seen before There is consulate
certificate each Of these papers Has doubt these
made cannot speak as positively as he could if the pa
pers had been IN his possession ever since.
Witness testified TO knowledge OF Philip C. Johnson;
he the first who spoke to him in regard TO this
case. met him at Browns, early the morning wit
had large claim, and had offered him liberal reward
prosecute it, Mr.. Johnson expressed fear that by
doing he might be affected pecunarily, might lose
his place in one of the bureaus of the Navy Department
He spoke Of The claim being very large and said the
missions would be very considerable The seals, &c,
have the appearances but he could not say the
pers were IN exactly the same condition now they were
then.
Colonel Robert Treat Paine (another of the commits
soners Mexican clams) was next examined, and esl
fed 10 the fact that the Gardiner claim passed the board
He could not Pretend TO say that unless the fact had been
told him just that this paper had been before the
board he could not recognise at all. II bears re-
semblance to he there one bank bill does 10
another He remembers such paper, and presumes this
is the Ii was upon that paper that the aug
mentaon of the award was made. He does not recol-
ect that there any written evidence OF title TO the
mines produced at first The board required written
tlle and after that the evidence Tin MS) now produced
was taken This was case upon which the board dis
agreed to the amounttheTe doubt in the minds
OF the board as TO the claim being valid
On the examination the witness stated his i'm
presson that the Mexican minister examined The papers
TO ascertain if the title good Dr. Gardner was be-
fore the board to satisfy the members to his means OF
carrying such an extensive work Witness asked DR.
Gardiner questions, did other members OF the board
and he answered them all satisfactorily Witness ex
amned the claim very aitenvey. There were some
suspicious aroused by anonymous letters that denied the
extent oil the clalu--n0t IeColleC-
lion of having given the papers in this case to Dr. Davis
after the award had been made for the purpose of his
animation, and that he would report on them. There
sufficient papers filed with Dr. Gardeners memorial,
in the first place, prove the validity of his canthe
| after papers only affected the amount awarded Card.
nes testimony before the board coaformed generally 10
the mining schedule afterwards submitted
Mr. May proposed TO offer the paper mo. 2-he trans
laon) the uyhe object being to prove that all the
signatures and seals upon that paper were forged,
The defence objected unless the original filed with II,
The Court decided that the papers might be presented
TO the jury for the purpose OF enghenng them lar
possible in regard TO the point made by the government
| &c.
| The defence desired the court to note an exception
The paper, purporng TO be the announcement OF the
mines in San LUIS Poos was then read by MIR. May. II
is dated 18th July 1874 There several DISPOSITIONS
read and signed sealed in the proper manner, proving
the fact that Gardiner worked the claimed by him
/ in the years 1874 and AS.
Capt Edmund Barry sworn. This witness testified
that he FIRST visited Mexico during the commanded
a company of rooos from the city OF Washington. Has
been on the boundary commission; travelled from the
Atlantic 10 the Pacific Is able TO IN the Span
ish language Was in San Luis Poos in October, 1852
Was al Lagunas in Rio Verde. Went there TO see
il there were any such mines represented by DR.
Gardiner. Examined the entire district, inquired the
boundaries OF the country, &c, and found no mine
Objections having been raised 10 this sort OF esti-
mony the point discussed until a. D. m, without
| cuson.
/