The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-06-05


ssw hin-Ss have clearly proved that he was ct other
psess enEtEed 70 ether business and declareG o.hsi
that The papers which he hed IN support OF his claim
ioIgenes. We have shown that twenty one forged pa
pers presented by him the board ri commissioners
"a order TO get this claim through Then, ask you
men OF Intelligence did man attempt 10 carry out
Just clam by forged papers The very act OF forgery
when proved, shows the claim was false one, and that
all connected with Il was ialse-oath and all.
Il have heretofore confined myself TO the made
out by the government. will close my observations
with consideration OF the testimony which has been
brought forward by the defendant in order 10 repel the
mass OF testimony which have addueed, and BY
which we have maintained, so successfully this prose
cuIion,
has been said that The defendant ought not TO be
convicted on question OF geography. We reply that
he ought not TO be acquitted by violation OF The plain
geography Of the country The geography OF the sub
l.ci Z a most vital Inquiry L shows the boundaries
II the mines visited by Abbott and Slocum in the
State OF Querearo then IL clear they not GARDENERS
mines because his s and l., svsy papf. relating to his
show that his title emanated from The authorities OF that
State. Queretaro is nowhere mentioned in his claim
As well might man attempt to prove his title to lands
IN Virginia by showing patent from the land office OF
| Maryland The States of Mexico independent oil
each oiheras States You have The evidence OF
this Then, gentlemen, this geographical question is
very decisive one
We say the mines shown to Abbott and Socum are the
old mines of Jalpan, in The Stale OF QueretaTo 10 which
Gardiner has been, far title is concerned as
much OF stranger as any one OF you, and that in all
probability he never saw them beiore he made this visit
OF fraudulent discovery with his two chosen friends and
! Paudo, the brother OF his accomplice.
We have how Gardiner carried these witnesses
bndtod on the route ignorant Of the radical geograph
ical feaures-ienorant that Qneretaro the south
adjoining the State of San Luis--wilhou, single in.
curry for The boundaries jurisdiction, they both ad
m-not knowing and not caring " hlber they went, SC
that they old mine and could return here TO swear
these going, willing recipients o! the bandage
with which this ar,ul criminal was TO hide the geo.
graphicaluuh They go. and know no, where the towns
rivers, mountains situated with respect 10 The Ju
risllcton OF the contiguous States
| You heard our offer TO prove, by witnesses who had
visited the old mines OF JalPan with instructions TO do
for the very purpose OF preventing The of this
fraudulent evidence, which we had long ago expected
would be produced and heard offer 10 show, by every
mark and signify every object both natural and artificial
referred 10 and described by Abbott and Slocum-tha
these mines they were those OF Jalpan Capt Barry
had visited them, and had an accurate description oil
them. The cross examination OF Abbott and Slocum
made by on BarIy's notes.
say you heard US offer TO prove this most decisive fac
of The whole and heard oler rejected by tn,
court We denied the right 10 contradict the defend
ants witnesses this PLAIN point because they hi L
measure the distance 10 those mines by short rule Tit
court adopted their estimate absolutely true, and re
| fused 10 allow us 10 show il was false To snow il wa
false was TO show these mines were out OF San Luis
and so end the case Now let us how this admitle
testimony treats this question OF geography.
Abbott and slocum say they went nearly due south
rivers; aud that the first named the first stream
running water (besides small brook) that they met o
passed,
Now we fixed the south boundary line OF the Stat
oil San Luis have proved by the testimony OF the com
missioners going south that they first met and
this same CaIzal Tver, IN the State OF Queretaro
era leagues south OF the most southern line OF the Stat
Of San LUIS; and that It's course, which they could &c
for great distance from mountains which they ascended
was the southeast; that they passed the III
place called Carzal del RIO and again, the following day
several leagues further south, this river
Alamos, its still southeast coul
be seen. They then not very far above the june
ton with the Ayula. and they all testify that at thi
point the river not nearer than three and half o
four leagues the southern boundary OF San Luis
Captain Barry proves that he followed this rive
up and down rs course for many leagues 10 The south
10 the southeast, and south west OF the route tavee
by Abbott and Sloeum He did not see The Junction
the rivers but he did fix the OF the one neaes
10 the State OF San LUIS and this both sldes-abov
and below the junction; and be swears most POSITIVELY
that this river norohere any part OF it's south
Ligunlas approaches the State boundary line thai
four leagues
And you will observe that Barry was accompanied il
his explorations by The swcJn surveyor OF the State
Querelato and both his party and the commissioners
had instruments 10 aid them, and used them, and al
made careful inquiries to the boundaries, iursdc
ton, and geographical location of the towns rivers &c
| that they met
Thus you see, gentlemen, we have made this question
plain; and every must that when Abbott ans
Slocum crossed these rivers they then far in III,
limits OF the Slate OF Quereafo; and yet they both test,
fy that when they reached the Carfizal they no
half Tray 10 the mines They still proceeded to the south
and the following evening reached there. Their plat Of
their route south, which they generally
locates the rivers about fourth Of the distance ID,
mines. Can any doubt after this, where these mines
are! II is gentlemen OF the jury Tor you 10 decid,
whether the testimony OF Capt. Barry and the eomms
sone, the side, ortbat of the defendants witness
and friends, Abbot and Slocum, The other is 10 b.
believed That is all think necessary 10 say on The
geography OF the question. Whether not the mine
were GARDENERS is sui an open question.
/ TTo Br CONTINuEp.1