The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-29


and then returned to San Luis Potcsi
CUES. From the village of LAguinias, where
did you to in the district of Laguinillas'
Ana. went to the Huasteca mines
CUES. Were thoee the first mines,
Ans. Yes, sir.
Quss. At what time was that?
I Ana. II was in the latter part of 1874.
Mr. BRADLEY Is this evidence in chief or cross
examinations
The CoUar. think the prosecution have right
to show where the witness was at any time within
/ the period embraced in the examination in chief.
Mr. BRADLEr. The witness has stated that be
went to those mines. Now your honor will see
that the prosecution may go on and interrogate
him with reference to those mines
The CoUxr. ! do not think there can be any
interrogatories with reference to those mines, Tor
| that would be examination in chief.
| Mr. May. The rule of the court, as j under
| stand, allows me 10 ask the witness where he was
| at any time within the period embraced in the
testimony in chief
| The CoURr Yes sir; but only that naked fact.
Mr.. May That ia the question put to him. I
| have asked him many questions as to what rivers
and mountains he had crossed, and what cities and
towns he had passed through, for the purpose of
testing the accuracy of his memory. Ioniy pro
| pose to pursue the same line Of inquiry.
| The CoURr. Your object in that respect has been
| very apparent. Now you come to inquire about
the bone of contention in this cause-thas is, the
| distances Of those mines
| Mr.. MAY. have not yet asked the witness
whether the mines were those of his brother, or
| not.
IA discussion here cnsued on the point in O..
| rolved.1
Mr.. BrApLEr will asl, the witness question
/ for the purpose of settling the point.
| ITO the witness) What mines do you refer to?
Witnsss mean the mines of my brother, now
| in controversy.
The CoURr That inquiry, in my judgment, can
| be pursued no further. You can only ask whether
he was there, or not.
Mr.. MAY. Cannot | ask him with reference TO
| the roads to those mines?
| The CoURT. The location Of the mines is the
Qslss Did you visit the Huasteca mines on any
! other OCCASION?
Mr.. BRADLEY objected to the question.
The CouRr. That particular question be
| asked, but il cannot be shown where the mines
| are.
| Wilnsss had visited them on another occs-
sion went TO them for the first time in the latter
| part of lS44 The next time / went to them was
| in the middle of ls45 and the third time was in
the summer of 1916.
CUES Have yol received share of the award on
account of that claim9
/ Ans No, sir.
/ Qlses Did you say at Mr.. James's in the city of
! Washington, TO Mr.. Philip C Johnson, before the
| commission which adjudiCated your brothers.
| claim was organized, that you were interested in
/ the claim9
Ans. All | remember about any conversation !
bad with Mr.. johnson is, that il was with reference
TO the President having appointed the members of
/ the Board Of Commission. think that be stated
/ to that Mr.. Evans one of the Board, and
coming as he did from the same State of Maine,
besides being acquainted with him, he thought
that his Mr.. Johnsons) services might be of some
use to my brother
CUES. Did you ever say to Mr.. Johnson that you
were interested in your brothers. claimf
Ans No, sir, do not recollect having said 30.
CUES. Do you say that you never did say soI
Anr | say that do not remember having said
CUES Had you any hand in the fabrication of
the title deed which you brought here'
grx haf VI m by
f. gus. Did you suggest and advise how that title
should be made up and put in the alcalde's office?
Aus. No, sir; would not do such thing.
Quss. Are you acquainted with DIR. Andrew
Halsey9
Ana Yes, sir; knew him in Mexico.
CUES Did you correspond with him
Ans. do not remember that did.
Cue, (Handing the witness letter from him
self to MIR Halsey) Is that like your handwrit
ing
Ans 1t looks like my handwriting.
CUES Do you admit or deny that it is your
handwriting?
Ans. cannot say positively that it is my hand.
writing.
Quss Have you correspondent with Don Anto-
MO Quiros
Ans / do not remember. / knew him some
years ago.
Quer (Handing witness a letter marked ga. J.
H. No; Sd Is that y0ur handwritingf
Ans. ] do not think that "J Carlos Gardiner
is my signature. / have yariously signed my
name "John Charles" -. c., and -. Chas."
Quss. Have you never signed it "Carlos 20
Ans. / 60 not recOllect ever having signed it in
that way.
Quss. Do you deny that it is your handwrit-
ing
Ans | do not think that it is.
Qu<s. You cannot swear, then, to your hand
writing?
Aas. / cannot say that it is nay handwriting IL
does not look like il. IL resembles il very slight
ly. II the name 'sJ Carlos Gardiner" we're taken
sway. would then say positively that it was not
my handwriting.
Over Examine the flourish under the signature,
and state what you think about itp
-Aas. It resembles my flourish. Mr.. Hal.ey was
my writing master, and taught me how to make
the flourish which 1 attach to my name. There
are two three things which make me doubt this
being my handwriting. In the first place, do
not recOliect having written the letter; secondly,
| do not sign my name in the manner in which il
is here signed; and thirdly, the handwriting is not
like mine.
Cues. Where were you in the month of oc-
tober, 1851?
Mr. BRADLEY That is not within the range of
the gentlefn an 3 inquiry.
Mr.. MAY. / desire to test his memory. If be
cannot remember matters which have taken place
recently, he cannot remember those which took
place a great while back.
The CoUkr. Il is an irrelevant question.
Mr.. NAV. | understand the witness to state
that be in Rio Verde in the tall of 1851.
Phs CoUSr. he said that be got certain paper
there in the fall of 1851.
Mr.. MAY. Yes, sir; and ! only want to ask him
whether il was in the month of October, or no}
The CoURr. He said expressly that il was in
November.
Mr.. MAY. | also want to ask him whether he
vas there in October.
The CoURr. You can ask that question.
Mr.. MAY. ITO witness.) Werey you in Rio Verde
in October,
Ans. ventfor the pa per which has been refer
red to in November.
CUES Yo1 cannot say that you there in
Octoberp
Ans. | think that returned to San Luis Potosi
on the 25th or Goth of November; | do not think
thai was in Rio Verde in October.
CUES. Do you know Domingo Chsves, the prin-
cipal acalde in Rio yerdep
-Ans do not remember nina at all.
Mr.. MAY. (Handing the witness paper marked
] No 49, 10 that in your handwritingl
Ans. rhe signature attached to it is my own;
do not know whether the body of the paper 10 in
| my handwriting, or not.
Mr.. MAY then read, at the request of Dir CAR-
LlsLx, the following translation OF the paper;
Fourth seal, l.. s., for the years 1850 and 1851.
| l2t cents
TO ths Firsl Constitutional Alcalds Of this city:
| ], J. CharIes Gardiner, citizen Of the United
States, and temporarily in this city, appear before
| you, in the most legal ma nner, apd say: that my
4 brother, DR.. George A Gardiner, worked mines
in the pcipl (or pace) called Laguinillas, in the
| Huasteca range Of mountains, (Sserra de Ia Huas-
| f,cal and known by toe name OF Trinidad