The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-03-26
THE Il EPU Bile.


iect. nor i TO him, -
Quss. Did your guide tell others 90?
Objected to, and ruled out.
CUES. Did you not know that the owner Of the
wheeled carriage you met on the road near Rio
Verde was the superintendent of the road?
-dns He was. believe, endeavoring to ASCERTAIN
the practicability of constructing road.
Cues You say your compensation and expense.
amounted to S 2, 500?
Ans. About that amount, beside my own be,
diem. .'ss..'si 8.
Cues. That did not include your per diems
Ans. No; Ireceived eight dollars day besides
ny expenses while was engaged. go
cues How long were you engaged?
Ans From the lth Of September to the lat o,
February. - - =
Mr.. MAY said he did not know what this INQUIRY
had to do with the case The amount paid Captain
parry was ~ no way dePenden. or contingent on
which the law recognised as affecting the testi-
mony of the witness. -
The CouRT. That is, as to his competency.
Mr.; CARLIslE suggested there was nothing be-
fore the court to be discussed The defence did
not propose to pursue the inquiry further, :.
Witness to Mr. MAY. found in that country a
great number of arroyos or dry beds of streams:
there are large number Of them among the
mountains, which undoubtedly are mountain tor
rents IN winter or the rainy season. and during the
Dry season contain no water, or scarcely any 81,
CUES Did you go to the house of Jose Pando
-Ans. did 4. .,...-
CUES When did you go there?
Ans On the same evening the commission ar
rived-on the evening of the 18th of December. L.
CUES. How long after you got to Laguinillas?
Ans 1t was not more than half an hour after
my getting there.
went there? wv
Ans. Captain Hunter, of the navy, and Cantain
Doubleday. of the army.
cues. DID you go to his house?
md ouyh h Sn. L.
before went into his store.
Mr. BRADLEY. Did you go into his dwelling or
Ans went into his store; he had no other
owelilng, house than that one that know | went
into the store, and it communicated with the rest
of the house.
CUES Was there any other door leading out
OF that room where you saw him beside the one
you entered!
Ans. There was; on the left-hand aide Of tn,
room' and near the door by which we entered,
there was another door, which, while we were
there, was ajart
Cues. DID you go into that room2
Cues. Did you hold a conversation with Jose
Pando? ''' 'o'o
Ans. did.
Mr. BsADLEY. Do you say you did,
bsd "t tha was one Of the party; Captain Doubleday
Cues. You heard it,
Ans. l heard it.
Cues Did you see the defendant therea
Ans did not.
saw histwo friends, Abbot and Slocum?
"Ans. 1t was the same house.
Cues: Captain, will ask you if there il a range
OF the Huastlca mountains ranging into or near
the district of Lsguinillass
Ans. There is not; found none. The only Hua
stlca mountains saw we're near the city of Mex
leo, in the State of Puebla think; perhaps so1ne
OF them were in the State of Vera Crux and run
nlng down towards Tampico. khave been to Vera
Cruz; but was never in Puebla. have been to
Perote.
Cues. You saw no Huastica mountains running
into Laguinillas?
Ans. No, sir; Ibid not
CUES You saw no mountain there called serro
Gordo? ~0'.
Ans No, sir.
Que'' You Ie saw no branch of the Sierra Madre?
Cues Did you find any village in the district or
county of Laguinillas which had at any time con-
tanned five hundred people?
dns No; did not l did not hear of any such
place. ~ .~
CUES. You did not then see or hear throughout
the "noie district you explored any village or town
containing then, or at any time, five hundred PEG
pie. except those you have named?
Ans. / did not
Q"es. Did you or not inquire for such a town
hundred people?
An': inquired for nothing but mining town
or such town which supposed would have grown
up around mine of this magnitude. did make
such an inquiry, and did not hear of any
Mr. BRADLEY objected to this evidence It had
court.
The couRr said the evidence must be confined to
up everywhere in the neighborhood of mine, or
furnace.
Mr.. BRADLEY. Did you make the INQUIRY YOUR
SELF or BY an interpreter?
4ns I
could speak Spanish we'll enough to make myself
understood by those whom questioned.
Mr.. BRADLEY. That is what we want to find out
repeat the question you put to the people in the
language you used?
tpitnsss put my questi ms in Spanish.
MIR. BRADLEY. Well, repeat the question you
put IN Spanish just as you put il?
W1t'aess. Asthis is an American court, where
the English language is spoken, appeal to the
Judge to say whether am obliged to talk Spanish
here.
juror desiring to 60 out, the usual recess was
taken at this time. When the case was resumed
Inc COURT again stated that the evidence must
be confined to such questions as were asked re.
speeding Pubic totcns, and not to private establish.
ments mining works, the existence and location of
which could not be proved by reputation or hear
say The witness must state if he can the question
ne put and In the language be used in addressing
the people of whom he inquired.
Witness. The question put was" Conoee u.ted
IN MINERAL estd nauncipiidad quil hene g,.inieentos?
$50 understood by reporter.) Which translation
means: edo you know of any other, or any mine
raj town in this district, be sides this"-supposnp
was at the time put the question STANDING in a
town-"and that has contained five hundred in
habitants?'' - go
MIR: May. What was the answer you received
TIC that question:
Ans. The answer was "No,'' universally no.
CUES Did you find anybody who did not reply
in the negative?
A"s. never found any one but who said thew had
never heard of any mineral there existing or that
had been in that district Old and young said the
same thing-they had never heard oft All whom
asked answered in the same way
CUES ask if you inquired among the people
there II any government troops had ever visited
that place?
Mr.. BRADLEY objected to it; it was hearsay
evidence, and had been ruled out before by the
court
Mr.. May said be did not think 90; and desired
70 be heard on it before the court made any de-
cision,
The CouRr expressed bis willingness to hear the
counsel
Mr.. MAY said this was a public fact and its
occurrence could be proved by reputation among
the people residing in the neighborhood. The visit
OF troops toa wild and remote part
country like this had been shown to be- was public
fact No other fact would be SO likely to impress
itself on the minds ofthe people. TWAS the advent
among them OF new class of people of strange
faces, and of unusual character. Such an occur
renee could not have failed to have created an
enduring impression on the minds of the poor
herdsmen of that vicinity; it was an