The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-05-12

that he could find neither mines nor mining title
there. And, second, by commission sent there,
who travelled over the country last ~ possible,
pausiug but title while at Laguinilhs. We are
willing to let the jury determine how far the testi
mony of Captain Barry in regard to the papers
examined at Rio Verde and Laguinillas is sofh-
cient to prove any thing. The United States un-
dertook in chief to put down the Laguinilas as
we'll the Rio Verde title; and, If the latter WAS
matter in chief SO also was the former; but II
neither was made matter in chief, they made them
30 by going into those subjects on their principal
examination. II quite superhuous in Mr.
Abbot to give notice Of this mining title in Lagui-
nllas, because, as stoutly as MIR. Aguilar and an
other witness that there could not have been
such thing there, somebody knew that there
might be such thing, and induced Captain Barry
to go to that office. Notice, however, was given
to the commissioners of the United States at La
guinillas and on that notice. as their own witness
testified the stand, they proceeded to the office
to ma he examination. The witness is now inter-
rogated to the appearance Of the mining title in
that office, with view to show that il ia fraud.
With referepce to that, he has said that his mind
was not quite made up, but pretty nearly so-that
he satisfied, from seeing the papers eewed to.
gether with a white thread, that the thing had not
| been in existence more than three days. We have
proven since that duly certified copy bad been in
Washington for more than twelve months before
| that time. The United States have opened the
subject, because they have undertaken in their
examination in chief to prove that the defenda mt
! had no mine: First, by the inspection of the
country by Captain Smith or Barry; and secondly
| by The examination Of the record. On every prin-
ciple, therefore, Of the rule TO which have advert
ed, and every principle Of fair dealing TO the ac-
cused, they were from that moment bound to come
oot openly and show all that they had to show
the subject. They cannot give to the jury a
| glimpse of their case, and, after the of the
defence has been presented, undertake to chow
more.
| Our objection is not made for the purpose of
keeping out whatever testimony may be given on
the stand by Mr.. Partridge. We suppose he can
hfrrv han hah has,
] We make the objection now, before we drift far
ther from the true If are not ri ut in
our position, | do not zee why they cannot go to
/ the subject OF the topography of Laguinillas be
cause il goes to negative the exste nee of the mines
as described in the paper Their witness
testified that they had taken exact copy from the
original paper describing the mines, and, com.
parison, that copy ia found to be exactly what W
have in the copy OF the deed which has been ad.
mitted in evidence. Mr.. Partridge took a copy of
what he supposed to be the whole description of
| the Mines The words "Serra de la Huasteca"
in the Introductory part of the mining title,
and it wa, natural enough that he did not observe
them becs use those words not necessary to the
description except to show the general range of
mountains In which the mines were situated. The
| testimony of Captain Barry introduced not
only the subject of the finding of a mining title
in the Office but for the purpose of demonstrating
by bis ysica survey of Laguinillas that in point
| of fact, bad there been hity mining titles in the
| office, there were no mines in that district That
was evidence in chief, proper and competent to
meet the title which they had notice about
to produce Captain Barry has said that there were
no rivers and no mines of any kind there. n has
given description of little hole fountain in
! the mountain where the women went to do their
washing, and all the other things he saw there.
he went over the subject of the topography of toe
| country not only in bis examination in chief, but
in full cross examination. We produced Messrs
Socum and Abbot, and they stated their recon
| poissance of the country and what they had seen
] And now, are the United States TO examine Barry
| Doubleday, and all their other witnesses in regard
| TO this subjecp If it be competent for them to go
/ into the present examination, | see no reason wby
| they cannot do 80. The prosecution took upon il.
self the burden of proof to show that the defend ant
swore falsely when be swore that be had these
mines and a title to their possession, and there
fore every thing which went TO show that there was
! neither title nor mnes not only admissible
in chief. but essential in chief 1t in that way
| alone that they could make out their case. They
were not entitled TO go far they did, and them
after seeing what the defendant adduced. to bring
out the of their evidence of The character
| [rhe learned counsel here quoted from the report
of the testimony of Captain Barry and Mr. Part
ridge the subject, as given in their former exa
Mutations
MIR. Abbot not only offered to show the commits
sion where the title was, but also where the mines
were; and, If the thing frald, he certainly
! would not have made the offer and thus taken
away the last and only hope of the defendant in
| the matter. DR.. Gardiner had been prohibited
from going farther into the State of San Luis Pc.
tosi; and he therefore reduced the sin gle fact
of showing the existence of the mines. By the ar
gument on the other side the offer 10 show he
mines evidence of fraud; and, if that offer bad
not been made, that also would have been evidence
| of fraud.
The DIsrRIcr ATToRsEY. The gentleman pro.
| fesses indifference as 10 what testimony Mr. Part
ridge will give this point, but Jealous ia he
for the enforcement OF the rule of practice IA he
enunciates it, that be found it necessary to make
animated speech for the purpose of shutting out
| this very unimportant and immateria evidence.
MIR. CARLISLE. You have several times given US
| he " fror
| own side Mr.. May objected that it a rule of
practice, and went on 10 chow that il a rule
| founded in substantial justice to accused per-
son. and not a matter OF form convenience.
| The DIsrRIcr ATTORNEY Mr.. May referred 10
| the rule, but the gentleman adopted another rule
and treated il with pa,ernal fondness. ! bold the
| rule to be en- tireIy different The indictment is
for false swearing, and the prosecution in support
OF 1t have gone on to negative the nverment the
memorial OF the defendant of the existence these
| mines In the State of San Luis Potosi. A number
OF witnesses have been examined, and among them
Captain Barry, and they all testified that they bad
| explored the district of Laguinillas in a most
thorough manner, and had never nor heard
OF such mines. Toa question put to Captain Barry,
in the cross ANIMATION, whether he had look ed
into the Laguinillas office for a mining title he
replied that ne had, but did not find any there
This, they say shows that We thought the alcalde's
office at Laguiniilas was place where a mining
title could be found. But is this plain non
stquii,u? We supposed from the evidence in this
cause that all sorts of efforts would he made to ind
mining titles in La guinilas and everywhere else
to prop up this fraud, and the agents went wher .
ever they thought the conspirators would place
a mining title. We did not suppose mining title
ought to be found in Laguinillas. Captain Barry
went there and to great many other places bot
could neither nor hear Of the mines, n or this
mining title. Now the gentlemen say, because
| negatiyipg the mining title evidence which
ght be given in chief, that are to bring all
of evidence to bear that part of the case,
matter how completely We may have made it out;
thus anticipating the evidence that they may bring
forward. They have undertaken TO repel the
negative evidence which had given. Captain
Barry said that he no mining title at La gui-
nillas, and the gentlemen come forward and ga Y
that there was one, and on the 18th of April last
they first produce to the jury tine mining title TO
which reference has been made. TWAS a part of
their case and We could not go into the contents of
the paper until after IL had been produced What
ever might have heard, could not have "a
stunned that they were going to offer it. They
might as well cay that We should have offered the
famous letters OF John Charles Gardiner, which
, were read to the court the other day, without
waiting for the time when they would regularly be
| in evidence. Until they should negative the evil
, dence which produced, were not in posi
ton to introduce any witnesses to repel their
evidence. TT
Reference is made to the deed which John
Charles Gardiner copied on the 10th of November,
1851. IL is said that the mining title a part OF
our case, because went into an examination of
a ba c,rr alta, A.