The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-26

NJ the Government would give him forremaining
/ here?
| Cues. Have you known DR.. Gardiner for some
| Ans have known him ever since arrived
here. know him we'll.
CUES. You are his friend.
| Ans And the friend also of his brother Charles.
Re-szam;nsd BY Mr.. Bradley.
Cues. understood you to state that you knew
| DR.. George A. Gardiner when you first came here?
| Ans. Yes. sir.
Qus.. Who gave you lessons in English?
| Ans. John Charles Gardiner.
| CUES. Did he teach anybody else?
Ans. He taught English to the entire Mexican lie
CATION. became acquainted with him in that way,
and afterwards became acquainted with his
brother, DR.. George A. Gardiner, with whom my
acquaintance has continued up to the present time.
4 Quss Do you remember the first time you saw
/ DR.. Gardiner?
Ans. l cannot recollect exactly. but think t
was Immediately after arrived here.
/ Cues. You have stated that you dined two or
three times with Mr. Aguilar; had you nice din :.
ner, and wine on the table, &C.! 3
The DIsTarcT ATTORNEY made objection to the
question. Pros sae..
The CouRr. Where gentlemen meet at table at
hotel, they are very apt to have wine. Laugh
| teri
/ CUES. Have you ever told Mr.. Aguilar that Dr.
Gardiner would give him as much TO go away as
the United States would give him for remaining
| here?
Ans. do not remember that any thing was said
about the subject by me.
Cues What did he say?
Ans. He told me that he had lost all hope Of get
| ting any thing, and that, if DR.. Gardiner would
give him $4,000. he would go home
CUES. Where did that conversation take place?
| Ans. At Wizards Hotel. M
/ 4. CUES. Was it renewed at any. other time?
Aas. About two days afterwards he stated that
if DR.. Gardiner would give him So 900 he would
/ go home.
Cues Did he ever say any thing further upon
the subject?
/ Ans. Nothing further than that
/ The DisTRIcT ATTORNEY. What did you say
| when he proposed to go away for $4,000
/ Ans. did not say any thing, but laughed.
CUES What did you say when he fell down to
! $sOOOa
| Ans. i laughed again [Laughter.l
CUES You said nothing all the timer
Ans Yes, sir. M fs t
Mr.. May You state that neither Dr. Gardiner
nor his brother accompanied you to Mr.. Aguilars
| room any occasion?
| Ans. never went to. Mr.. Aguilar's room with
either DR.. Gardiner or his brother.
| Cues Have you ever said that you had your
| doubts to whether Mr.. Rosa signed that certif
| cate, or not?
Ans. never said SO, took the paper to the
| Office and saw it signed.
CUES. w ho got you to do it?
Ans. MIR. Rosa told me to do it, because 1t was
/ my duty to do it
Ques. From whom did you get the paper?
Ans From Mr. Rosa.
/ CUES. From whom did Mr. Rosa get the paper?
4 -dns He gave me the paper, and told me to put
the certificate to it; did not put the certificate to
it, but gave it to another gentleman for that pur
pose.
CUES. Who brought it to Mr.. Rosa the first
| time?
Ans Mr.. Gardiner. %
! Cues. You then carried it back to Mr.. Rosa,
| and saw him Sign his name to it?
Ans Yes, sir.
CUES. You never expressed any doubt as to whe-
Their not the signature that of Mr.. Rosa
Ans. was aware that it was Mr.. Rosa's sigma
ture, because saw him sign it. never expressed
any doubt of it.
Mr.. BRADLEY offered to give in evidence letters
which had passed between John Charles Gardiner,
while he was at Guanajuato and Guadalajara, and
peraon in Vera Cruz. at the time the prosecution
| alleged George A. Gardiner was at those places.
He would prove by the post and other marks that
the letters were genuine.
The DIsTRlcT ATTORNEY objected; and after the
admissibility of the evidence had been discussed
by the counsel on both sides, the court made the
| following decision:
The CoURT. 1t has been offered by the defend
ant to show that John Charles Gardiner was al
i Guanajuato and Guadalajara, by the correspond.
ence between him and person at Vera Cruz, with
proofs of the genuneneas of the postmarks and
other marks upon the letters, showing when they
were delivered, &C., with evidence of the hand
writing of the writer at Vera Cruz and that John
Cha rles Gardiner. to whom the letters were adj
| dressed,
that the objection was founded upon two reasons
because it was not competent for the defence tc
meet the proof of alibi on the part of the United
States by showing that j. Carlos Gardiner was al
jeciion not tenable. The fact of Charles Gar
diner being at those places might be proof Of cup
position that it would be followed up by other evil
dence showing that he was mistaken for the de
fendant in this case 1t ia one of the ways of meet
ing proof OF abb. Every lawyer of experience, al
least every one of my age, must have seen it re
sorted to for this purpose.
| Frequently one man is mistaken for an other. 1
John Charles Gardiner wanted to use the letters by
way of refreshing his memory as to time, thai
would be legitimate use; but the contents of The
letters would not be evidence in any state of things
| They cannot be used as independent evidence t
establish the fact that he at those places at thu
time mentioned. The court is therefore of opin
ion that the evidence must be overruled.
The court then adjourned.
THlRTY-SIXTH DAY-Friday, April %.
DR.. James F. J. Nc Clery, s,oor~.
Mr.. BRADLEY. (Handing witness paper marked
J. s. NICK, No ~ Have you ever seen that pa
per?
Ans. Yes, sir, it is in my own handwriting; ]
copied it.
John F. clements, scoYn.
MIR. BRApLEY. Do you know the handwriting
of John Charles Gardiner?
dns / do. / have corresponded with him, and
| have seen him write very frequently.
= QMs Handing him paper marked J. $. Nick,
| No. % Is that in his handwriting?
Ans. thing it is am perfectly familiar with
| his handwriting.
Mr.. BRADLEY. The first letter is copy of the
Presidents letter to Mr.. Carlisle; the second con-
| tains proposition made by Mr. Carlisle on behalf
of Dr. Gardiner.
Captain John S. Slocrn recalled.
when the letter of Colonel Abbot to Mr.. May was
| written?