The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-05-13

paper was received was that il was recognised in the
treaty OF ls4s twas permitted 10 so 10 the jury out OF
respect 10 the acts oil the government though reluctantly
because had no more confidence in that than in any
other map.
Mr. CARLISLE. think we have now arrived at the fact
that what is proposed TO be given IN evidence is wholly
immaterlal,
The Court. II MIR. May had made a map at the bar ii
would be good The map from The governors provided
anybody proved that the places were laid out on II cor
Iecily When II Is proved that places are improperly
laid down map. the jury take II and examine II in con-
nexion With the evidence.
Mr. MAY we show that map is accurate with
respect to forty places cannot the Jury presume in favor
OF its general accuracy.
The Court. think not
MIR May then exhibited to the court the copy of the
governors map, which had been projected at his sug
geslon, enlarged scale ibe Coast Survey Office.
The court then adjourned until IL o'clock on Monday
FoRrY-ErGHrH DAY--MoNpAY. MAY 8, 1858.
The court held To-day in the chamber OF the alder
Captain Doubleday recalled
MIR, May. Did you see the mining title which was in
the alcades office al Lagunas
Ans. did
CUES Did you examine i, carefully
Ans. Yes, sir.
Cues Describe its appearance to the jury
hlr. Bradley The witness has been examined with
reference TO this matter in his examination in chief
We would like to have the rule fixed.
Mr. May, This IS the same question which has been
asked Mr.. Partridge.
The Court. The Court is OF opinion that the question
may beput.
The witness. Ii seemed TO be stained very evenly.
The stains were very much Of The same hnt L was
not unequay stained like the rest of the papers 10 the
right and the left OF it, They had upon them what were
apparently water stains These water stains were OF a
different appearance IRON those on The mining tlle Inc
stains the papers TO the right and left Of the
mining title fitted each other. There was large water
stain on the paper preceding The mining ute which led
exactly TO stain on the paper which followed IT,
Cues. Were The stains upon the mining tlle!
Ans. They were not.
Cues, Did you make comparison with view OF
satisfying your mind as to whether the stains fitted each
other
Ans Yes sir. 1t was sewed on the back, and the
edges in several places were not stained, but were OF
brilliant white, like new paper
Cues. Did you read the paper through'
Ans Yes, sir; two or three lines.
Cues. Was the Hueseca range OF mountains, or Cerro
Gordo, mentioned
Ans Neither mentioned in it.
Cues. Are you clear upon that point?
Ans. Yes, sir My attention was called to the TACT,
and went back and made special examination to see
whether they mentioned not 1t struck me as an
extraordinary circumstances that they were not mentioned.
am certain that they were not
Cues. Have you visited the State oil Queretarot
Ans Yes, sir.
Cues, Describe its northern boundary line
Ans. | copied its northern boundary line from the
map OF Querelaro.
Mr.. May. Did understand you to testify the other
day that il seven leagues from the town OF Lagu-
nias TO the southern boundary of San Luis Potosi
Ans. did not measure the distance with scale |
said that it could not be more than that
Mr.. Bradley How far is this admissible as rebuing
proofi
The Court do not think that the last question is
within the rule.
Mr. May Ii was for the purpose of explanation, and
understood the court TO that might always get
that when we desired H.
Cues. ITO the wisnessl | understand that you did
not use scale, but that your answer was merely con-
lectural?
Ans Judged from my own map AT the time cop
led the southern boundary of the State OF San LUIS Po-
tosi from the map which obtained from the governor
OF QuereaTo, the scale which accompanied ii had been
mslaid or lost. The scale was folded under, and was
torn of. There is naccuacy in the southern bound
AIRY OF the State OF San Luis Poos, as marked IN my
map in consequence OF the loss of that scale.
MIR. May. understand, when you projected your map
of the southern boundary of the State OF San Luis Poo
81, that YOU consulted the map obtained from the gov
ernor OF Qneetaro for that purpose but that the scale
which accompanied 1t being lost, you made an inaccu-
Iacy in locating that southern boundary your map,
which you now discover, the scale having been found
by comparing IT with the from which you copied
Ans Yes, sir.
The Court He has stated tina, as plainly as he could
do 80 before
The witness would like 10 state the circumstances
attending the marking OF the route on my map. | did
not make the whele OF the map myself IRON actual sur
yey. II impossible for TO have done CON-
piled IL from maps of the States Of QueTetaro and San
Luis Potosi
Mr. Bradley, You need not state where you got the
map from We have nothing on earth 10 do with that
Here lengthy discussion ensued in reference 10 the
admissbiIy OF maps and the boundaries between the
States OF Queretaro and San Luis Potos Alter which,
the court made the following decision:
The Court. The United States propose TO ask where
the southern boundary OF San LUIS Poos is and they
exhibit maps, sayng they are gong 10 show where the
mines OF Japan are which they say the mines shown
by the defendant TO his witnesses.
Maps are generally not evidence by themselves they
are mere diagrams, So far as locations shown to be
properly made maps, the two together evidence,
when that evidence is Otherwise competent
Explanations may be made as TO any error the witness
may have fallen into and is DESTROYS OF coHecngthai
is, what he has actually said and erred in saying
As to what Is published report OF this trial, and
still less what - IN other newspapers or publications, we
have nothing 10 do With them The court and jury have
time 10 devote TO such explanations Beyond this the
United States cannot give, and do not intend TO give,
dcDce contradictory Of what they proved in Chief be-
that would change the ground oil the prosecution
The United States conhne themselves 10 meeting
the evidence the part OF The defendant, and this with
out repeating what they have proved in chief, They
may show that the defendants witnesses are
defendants evidence places it, excluding what has been
testified for the United States in chief but they must be
confined 10 the localities referred 10 by both parties in the
evidence ia chief and 90 new localities other
new inquiry is opened which the court try, and
which the Jury are not sworn TO try. The rebuing es
mony must relate 10 the localities in which the evidence
OF the defendant places the mines That evidence places
them within certain distances OF Lagunillas within
not far from which the United States may show there
such mines and not tha, there mines forty fifty
miles on No defendant could answer such evidence
II not rebultng and not being so, cannot be received
Captain Doubleday resumed
The Court II you have committed any error you may
explain it.
Ans My corrections only extend 10 the route They
did not 20 of the route ! do not wish TO be held re-
sponsble for the entire accuracy of the map.
Mr. Bradley Did you not state in your examination
IN chle that you corrected the locality OF Arroyo Seco
ans, DO no, think stated that corrected IT,