The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-05-21

CRIMINAL COURT FOR THE DISTRICT OF
COLUMBIA.
rasPoRrEo roa THE aEPusLlc.1

IN Jay enYaEed
ON xh ca the n,osecu,ion thought they had proved
the f.lsehood of This OATH viz the total want of
means TO conduct this extensive scheme OIL mining
in which the defendant had swofn he was en-
gsd and ne had called the attention Of the Jury
10 those PRINCIPLES OF common sense and those
rules of human experience which would require
them as reasonable and intelligent men, to ac-
count for the manner in which the defendant was
thus suddenly raised from comparative poverty to
A strong effort had been made by defendant.
counsel to show that he was q phi ysician, and that
the United States had taken very unnecessary
pains to show that be was not and they had
urged this frequently upon the attention of the
jury as an important point in the case. Whether
or not he was physician prior to the year 1886
was matter of consequence to the prosecu-
ton. In the year lS47, had been alleged, be
might have been very experienced and skful,
and perhaps the best rewarded, phi yscian in the
world; bat that would not in any ma inner ex plain
how he % came possessed of the sum OF s 800 OOO
in lSi4 From the time that be went to the city
of Mexico until the time in which he said be had
engaged in these mining operations, they hah
proved that be dentist, and nothing else,
and that his means of living were entirely con
fined 70 those which he acquired by bis profession
He should call the attention OF the jury to the
evidence they had before them this point. The
witness James Wright had testified that when he
became acquainted with him in Vera Cruz in lsto
ne not only dependent upon nis profession
dentist for the means of living, but even for
the means OF paying his travelling expenses from
not even reach that city without having recourse
tn his operations in dentistry. This witness had
offered him passage In his bug y, which the de-
PENDANT declined, stating that be had in company
with him young physician whose health was
delicate, and whom he did not like to leave. This
witness furtter testified that while he in the
city of Mexico he alwayssppesred to live comfort
ably and to be respectfully dressed, but never
knew him to be engaged in any other business
except that be was connected with Mr.. Haley in
some mining opef atoms at Jalpan.
In addition to the testimony Of this witness they
had that OF Noah Smith, from which IL appeared
that bis business in Mexico was merely ore afford
ing him the means Of living genteeIly, and To
whom he assigned as a reason why he was about
10 leave The city, not that be going to embark
IN large mining operations, but TO practice his
profession more probably, because there was too
much competition in the city. Mr. +. then quoted
largely from the evidence OF the witnesses Atocha.
Angus, and Green, and observed that according to
she testimony Of the last witness the defendant
was practising dentistry IN Mexico in lS+t, and
ieitit not to goto Lagulnlllas, but TO into the
Interior, or TO the Pacific. All the acts and all the
appearances of the defendant, IA {. stihed to by
these witnesses, were consistent with his practising
as dentist, and utterly inconsistent with the pre-
tensions be mad set io:tn in his memorial Thus
lar then he had traced down the defenda ut TO lSl&.
In addition to this evidence they bad the testimony
Of John vi. rOgno, [laughter,l whose testimony
(which MIR. + read was concurrent with that of
the other witnesses TO bis means
In the year lS46-two years after this-they
would find the defendant at Mszatan, where be
bad told Mr.. Green he going; and While in
conversation with Captain Rowan at that place he
had told him he was exploring the country in
search of mines This ma n, W ho, according to his
memorial, was engaged from l5+4 10 lS<6 IN these
extensive mining operations In Laguinillas, IL
found at Mszltlan, hundreds of miles away, in
June, ls46, telling one of the witnesses for this
prosecution that ne vas bunting after mines Thus
far, Them the evidence showed that he prac
Using a dentist from l5a0 to 1916 and there was
not particle OF evidence to show that be
practising a ph y stefan till lS47 except that of
General Waddy Thompson, who stated that be
administered to him; 50 that there were eight wit
nesses concurring in proving that his means of
living those which he derived from the prac
fce of dentistry, and from no other quarter what
ever.
But it sought by the defence to impeach
come OF these witnesses. They we're invited to
dIscredit the witness Atocha because he had a
claim against Mexico. He should not repeat hat
he had SAID yesterday, that because there
Po sibility in the course of events that Mexico
might claim this amount of money, that therefore
blr. Atocha vas speaking under such bias as to
discredit his testimony.
Next TO Mr.. Alocha they sought to impsach the
witness Togno for the came reason; and the Jury
had bad their attention directed good deal to the
history of Togno's claim 1t said that he had
large claim, and had only received from the COM
missioners a small amount; and that If this inen
ton, on the part OF Mexico, should afterwards be
recog missed by the United States he would stand
a cnance of recovering bis claim. The same an
applicable to all the other witnesses
Whose tSstltAAohy WIS sOus 10 upon
this ground.
But Togno was impeached upon mother ground
IL was said that be had Conradicted himsell; that
ne testified 10 having seen the defendant in the |
city Of Mexico in the month of June, lS47. [Mr. |
r. read from the evidence of Togno, where he |
stated that he the defendant in Mexico in lS47
and offered him means TO fly with the rest of the
American citizens if he needed such aid; and that
the defendant begged him not to say that he was
an American citizen, because he was travelling as
a Hsbanero
Now, in this respect ii was said that Togno was
ContEadlcted by the testimony of numerous wit |
nesses who had testified to the defendant, being
IN Tsmpico practising physician in that
years but II was for the jury to say whether there
was any contradiction Lere-wh eIher he might
not nave oeen IN lamplco In ls41, and yet have
had the interview with Togno in the city of Mex
leo which that witness had described. None Of
the witnesses testified positively to his being In
Tanpico In lS47, unless il was General Gates, and
it for the jury to say whether be might not
have left Tsmpico and gone to Mexico without
having been missed from the military station there
He thought the testimony Of Noah Smith went to
show thai he believed he him in The city of Mex
leo in l847 But whether not he "a sfied that
if the jury looked at the counenance of the witness
IognO, and observed his manner, they could not
disoelieye him. There could be- no doubt that the
conversation alluded TO had Ia ken place between
him and the defendant time or other; and
even II ne had made mistake, there nothing
20 show that it was wilfully done and that he
not be believed in his other testimony.
D.
posing that the testimony of Togno was thrown
out entirely, there still seven witnesses who
coneuFred in the statement that he as practising
a dentist.
As to the witness Wright, they had tried to get |
rid OF him in another way. They had seen him !
and observed nls manner, and il could not be de
MED that be was an intelligent witness. Ii was
sail that he had made a statement on The stand
which was inconsistent with statement he had
made elsewhere, and publication had been show
TO him which vas written by himself and Togno
and sayers which went to impsach both himself
and Tugno In that statement it was said that
tbs cohtents of it were facts which were within
their own personal knowledge. On being allow ed
an opportunity for explanation, W right had said
that the ma tiers stated In that paper had not come
within his own personal knowledge. But that wns
not a contradiction. They knew the circumstances
under which this statement was made. MIR. Ro
bert CorWin, OF Ohio, had made a speech, in which
he gave account Of this case; and these wit
said, If that speech true, What they had
sworn would seem to be false. They were about to
leave the United statcs for their own country and
they did not wish TO return to their friends without
making effort TO remove " hat mi Q bit seem 10 be
al imputation upon their veracity; and as a means
OF self protection therefore, they thou Eht il
cessary to make this publication 10 reply this ora
ton. and il was done just before they went away
Rss,s.e. that, il should be remem bered that this
.a. a Joint statement; each one knowing certain
a y,p yer therl