The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-03-23

9 anu lhe otner, II ls said, is translation
OF ~ NO. z 10 called an exhibit of mining title
ana NO. IS said to put into English what the for
mer contains in Spanish. These papers are of
iered IN evidence, and objected to-.
The Court thinks-and without any doubt at al
ABOUT lt-that these papers must be admit ed a
papers Hled BY defendant in support of the claim
Tor swearing to the memorial in relation to which
the Indictment is preferred that is now trying
Inc ming. and as necessary consequence til,
adoption, if not the procuring of these papers put
them precisely on the footing of conversation
held by Or. Gardiner, and expressions used il
them ~ him, and as statements made by him ir
relation to the subject matter trial think ths
4 papers must go to the jury. No. 8, however al
the real paperis No. 2, open to evidence as to it
4 correctly representing what No. contains. Ii
may be correct translation; do not know. The
| MIR. BRADLEY. We make no objection to the
translation if the original goes in. The only ques-
ton is whether more evidence is not necessary to
/ let the original go in.
The Court. ] think the evidence places the oues.
ton beyond all doubt. Witness Payne is not SC
certain, but witness Evans said they were un.
doubleday before the board the whole appearance
OF the papers was perfectly familiar to him.
/ Mr.-MAY. understand the gentlemen to agree
that the translation is an accurate one!
The DISTRICT ATTORNEY. We have not had a
very particular examination made as to the trans
/ latlon; but shall have it examined
The CoURT. Undoubtedly the translation ought
to be correct representation Of what is contained
/ in No. 2.
| Mr.. MAY. Gentlemen will read this paper
/ the translation to you, There is the original,
| spect very carefully. s.:z.is -.
| Mr. BRADLEY. 1t will take an hour for the jury
to examine the paper. :
| Mr.. May. The jury have the right and we
think 1t IS part of their duty, to look at the paper;
and we hope that sufficient time will be allowed
| them. 1t is part of the examination. We ask
them to scrutinizevery carefully the handwriting
| and particularly the signatures and SEALS
10 hob \, ~
| shall have full time. ,
After the jury had spent some time in examin-
ing the original paper .a..sa
Mr.. MAY read to them the translation, as fol-
! lows: a rlse...er 4z. .l.....s-f -
"a No 1.-TRANsLATIoN.]
The citizen Francisco Fernandez, Prefect of
Rio Verde, State of San Luis Potosi:
certify that in the book of registry of mines OF
this office, appertaning to the year 1874, at folio Is,
over, is to be- found an entry in the followin g
words, to wit: aazsssEEs5 sagE 49,,
! "Juy 18th, the American citizen, Mr.: George A
| Gardiner, by profession physician, of twenty
six years of age and resident Of this place. has
denounced, on the date hereof, an old mining dis
trict of silver, having number of shafts and ex-
| cavatons, containing water and rubbish, entirely
abandoned, without Inhabitants, and not worked
| since the time of the independence, situated on
| a branch of the Sierra Madre. opposite of Serro
Gordo, in the Sierra of La Huastica, county of
| Laquinillas, in this department.
| s'The vein runs N. and S., with slight incli
| nation to the westward, and dips to the westward
about forty five degrees, and is upwards of eight
| yards in width; its the red sulphuret of
silver; and he claims the rights and privileges
conceded to restorers of abandoned mineral dis
tricts.'
Granted and conceded as requested by the peti
toner, subject to apply for possession within sixty
| days. as prescribed by the ordinance September
Sd. On the day of the date hereof possession has
been given to Mr.. George A. Gardiner, in con-
formty to his above announcement of said ancient
mi ore m three he
course of the vein, with the limits and measure
| nlents, as marked cut on the grounds and pre-
scribed by the ordinance, with all the privileges of
restorer of an abandoned mineral district, havin
nominated the shafts, ella Frendad Dolores, and
San Jose, and conformity the mines Of La Sierra''
and he has been furnished with the appropriate
deeds and titles constituting him the Legitimate and
sole owner thereof, with full power and right to
sell and dispose of the same as he may fit being
| hereby constituted his property, subject to the
mining ordinance.
And at the request of the party, give this the
city of Rio Verde, on the Sd of July, 1850
FRANCISCO FERNANDEZ.
J. Pho GUTIERREZ, Sec'ry.
-..-. .@ SAN LUIS PoTosI, July 49, 1850.
The Governor of the free State of San Luis Poto-
| 81 authenticates the signature of Don Francisco
Fernandez project OF Rio Verde, which attests the
above document.
JULIAN DE Los REYES.
LUIS GUZMAN.
[Seal of the State of San Luis Potosi.l
[B No. 2.-TRANsLATIoN
The citizen, Bruno Olayde, lat Constitutional
Acalde of this city and mining district of Guadal-
cazar, State of San Luis Potosi
Icertify, in due legal form, that on the day of the
date hereof, at the petition ofthe American citizen,
Mr.. George A. Gardiner, i have called up the cti-
zen, Don Jose Ochoa, for hin to depose relative to
the mining enterprise that the petitioner had in this
State, and said Ochoa appearing before me, was
sworn in due form and deposed: That he was
versant with the mining enterprise belonging to
said Gardiner, in the Sierra de la Huasca, in this
State, having been the chief miner of these mines
for upwards of two years. That he entered the
employ of said Gardiner about the middle of the
year 1874, and continued in this capacity until Oc-
tober of 1916, when these mines were confscated
and destroyed by order of the government. That
these mines consisted of two main shafts, that of
Dolores being upwards of three hundred varas
and that of La Trinidad of upwards of two hundred
yarasin DEPTH and Of the air shaft of San jose of
one hundred and eighty varas deep, and the adt of
San Andres of upwards Of two hundred and fifty
in length, there being throughout this whole
depth numerous workings excavations of about
mile in extent on the course of the vein, in which
were employed about three hundred workmen.
That the vein was from eight to twelve ,varas
wide abundant in rich ore, much SO that it could
not be all extracted in less term than five or six
years That the principal outlay ofthis enterprise
consisted in the machinery, in timbering the Mines
and in the buildings and refinery of metals of San
Cristoyal, for the actual mining working of the
mines cost but little, as most of the miners were
employed on shares of the they extracted
That the machinery of these mines, inclusive of
steam engine and the putting up of the same, cost
about fifty thousand dollars.
The timbering, cleaning out, and ventiIating
them, cost about forty five thousand dollars The
buildings, houses, and other external improve
ments at the shaft of Dolores, cost about FORTY
thousand dollars; the same kind of buildings and
exterior works at the Trinidad cost also about |
forty thousand dollars; and the buildings and outer
works of San Jose and San Andres cost about
twenty thousa nd dollars; internal subterraneous
workings, mining proper, spent about ten
thousand dollars; and it is the opinion of deponent
that the refinery of metals, with all its apparatus
must have cost upwards of fifty thousand dollars;
and that in tools, instruments, mules, and uten-
slls, there invested about ten thousand dollars;
and he believes that the stock hand of effects for
refining and prosecuting the works, and in the
pay store, amounted to about forty-hve thousand |
dollars; and, as he is aware there many other
expenses of which he has made no reference, it is
his opinion that said Gardiner had invested in the
enterprise capital of about three hundred and /
fifty thousand dollars That when this enter
prise destroyed, as before stated, these out
lays--which may be termed of consruction-were
made; and in future there would have been other
expense than that requisite to keep it going,
which ought not to exceed ten thousand dollars
per month, and he knows that the refinery would |
yield from forty five to fifty five thousand dollars
worth Of silver every month, and he believes that I
this condition would have lasted several years, in