The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-05-24


person instructed by the defendant 10 conduct the
TO the site OF The alleged mine the second invited the de-
PENDANT 70 reiei tbe agent TO any Six persons
NE republic OF Mexico, with precise designations OF
their respective places OF residence and with instructions
TO convey the agent TO the site OF the alleged mne who
would accordingly call more OF the persons so
namea request to be conducted to H. and proceed hithe
should the request be complied with This proposition
instead OF restricting him 10 the district OF Lagunias
where he had sworn that his mine was gave him the
whole republic OF Mexico IN which TO poiRt out ind
vdua who could show the mine. II did 10 me-
I'LL after the notice bad been despatched, how
necessarily extensive--extensive beyond any
able requiIement-was THIS range, The third prop
either OF the foregoing alternatives to provide the
agent with description of the site OF the alleged mine
SO particular as to enable stranger to the Localities
OF the country to IND the site OF the alleged mne II then
existing, ii it had before existed, then the agent
would proceed TO the spot indicated by the description,
make the necessary inspection and examination aud re-
port accordingly. You will observe gentlemen, that
those several propositions all reasonable that they
offered TO the defendant an opportunity OF showing his
mne II he had one and thus OF establishing ms inno-
Genes the public expense and that they all avoided
the inadmssibe condition that the defendant should 60
IN person. He might either send an agent or refer the
10 any one OF any SIX or more persons IN the
republic OF Mexico, furnish particular descI ption
After delay OF three days the propositions all
jected by the defendants and others submitted by
him, of which the frs, that he should go in person
to Mexico, and OF course with the Presidents consent
but without any suggestion OF acquescence the part
OF his bail As this and other points of his offer assim
lated it, in all material respects, 10 that which had been
made by him IN May, 1851. and which has been
read to you, no attention given to It = The mo-
tive which had dissuaded the President from Getting
himself with the proposed mission OF the Senate com
mtee having been removed by the refusal OF Gardiner
TO go with it, there was no longer necessity for sepa
rate action the part OF the President and accordingly
none had.
In April. 1851, the counsel for The defendant had
proposed, not enormously stated in the news
paper. lo admit every kind OF evidence that the govern
ment could produce they would admit the written tes
hfnn fba ans had ham cfnl
curing from Mexico &c, Sc, but TO try the on
some written testimony which, it said the defend
ant had recently obtained from tina, country, and on
the affiiavs Which had been procured there by Mr.
Sacum, the government agent. Now, they might not
have seen our evidence. We certainly had never seen
theirs But we had seen certain doc menis which the
defendant had presented 10 the board OF commissioners
and they not Of character TO hespeak confidence
in the integrity of his testimony The blindfold
bargain was declined.
The offer of May, 1851, on which. in substance, the
defendant fell back, proposed that commission special
agent should be appointed by the President of the Uni
ted States which said commission or special agent shall
be such person as shall be approved by Ike defendant
his counsel and who, when so appointed and approved
shall have the duties and powers ia the premises which
hereinafter speCihed-that is to say:
/" He shall proceed in company with the defendant, or
such other person acquainted with the localities may
be designated by the defendant to the place where the
defendants mines located, alleged TO be. Ii il
should mdnestly appear that the defendant had such
mines. and expelled hererom alleged, the agen,
10 certify that effect, testimony to be taken,
prosecution Was 10 DC dismissed, the Iunus
detained to be released. II, however il should mani
testify appear that the defendant had in fact such mines,
&c. &C. the agent should proceed TO take such testimony
and the testimony taken, together with such records
and documentary evidence, certified according the law
OF the place either party may think proper procure
and all the records and files of the late board Of commits
soners in relation to The claim of the said Gardiner,
shall be admitted and received evidence the trial of
this prosecution, in like manner and 10 the effect
if the same facts were testified TO ura by the wit
nesses themselves before the jury" Now, considering
that the theory OF The prosecution, these records
and files, Sc all false perhaps forged papers, this
part OF the proposition somewhat remarkable
agree that il afterwards waived But there still
manned the conditions that the defendant, should leave the
United States without any proposed consent on the part
of his ball. and with the of the President and
the pretenson of the defendant TO approve the commits
sion special agent or, in other words, appoint him.
rrhe notice of oh October 1852. from TIE Dsc, Attor-
Gardiner, and his OF ~ October 1852
read to the jury among the proceedings OF April and
his proposition OF May, 1851 the proceedings Of
April Y.
tTo BE CONTINUED