The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-05-14

| by the Witnesses Of the defendant. do not mean
| that you must literally do 20.
MIR. MAY. Oar object = to show that the course
of the commissioners was ia the same direction with
that of the witnesses for the defence Although the
commissioners did not travel over the same road,
yet expect to show that travelling south in the
| same direction they came to the same physical ob
| jects mentioned by Abbot and Slocum, and that
those physical objects south of the State of San
Luis Potosi. Wewish merely to chow, in the best
way we can by the testimony OF the commission
| ers, that they struck the Carrasal river about
| twelve miles south from Arroyo Seco, in the State
Of Querearo, and then struck it still further south
| at place called Alamos, and that from the noun
tain tops which they crossed the valley of that
| river was plainly to be seen for many, many miles,
running to the southeast according to the observa
tons of Captain Doubleday, who was the engineer
| OF the party. ] shall use the map not map,
because understood the court to say it had no
such authority. but merely as a diagram 10 ex-
plain the route to the jury. ls1sdfar
MIR. MAY here explained by the diagram the
route which had been taken by the Senate com.
mission from Lagunllas to Arroyo Seco, and
from thence to Alamos. He continued: The river
had been called for, and the court knows that, as
part of the law of ejectment the course always
yields to the call Courses and distances are very
uncertain, and tho court knows that in the testi
mony in the case Of the defence they are extremely
uncertain, because the witnesses Abbot and Slo-
cum carried no compass with them, made no field
notes. took no observ ations and did not even make
the draught Of their route until after they had
turned to LaguinilIas, when they made it from
memory. tit'
MIR. CARLISLE. The objection is not TO the mode
of giving evidence but ii is to the evidence ITSELF
whether you show it by maps oral declarations
of witnesses. What we object to is, that when our
case proves what we saw and found here, you
dertake to prove what you saw over there.
The CouRr. There is no doubt that natural or
artificial objects are the real boundaries whether
mountains, or pyramid put up by hand, or
| TIL
undoubtedly speak of the Carrasal river, and It's
junction with the Ayutla river.
Mr.. BnApLxy. l think that the evidence is
clearly inadmissible for any purpose.
The CoURr. The witnesses of the defence cay
that they travelled from Laguinilas due south.
The question now ia, whether the evidence it is pro-
posed to give by the witness on the stand contra
diets that given by your witnesses. The prosecu-
ton must conne itself to the localities of the de-
fence. or nearly to those localities The argument
whether the round about way of getting at the
junction of two rivers stretches the distance,
not, Is for the jury.
MIR. BRADLEY. Ito wtness.) What is about the
course from Laguiniilas to Arroyo Seco3
Ans. BY the north and south line on the Coast
Survey projection, south sixty degrees west.
think that it is about % miles from Lagunillas to
Arroyo Seco.
Mr.. BaApLEy then read the following exceptions
to the ruling of the court:
On the further trial of this cause, the United
States, by way of rebuttng evidence, offer to show
by witness Who has been heretofore examined in
this cause, that he left LagunlIas in December
last, and went from there to Arrovo Seco in the
State of Queretaro, about south so degrees west
four or FIVE leagues, and did not cross any rum
nlng water; thence he went nearly south to La
Florida, about twcnty-t two miles; that on the route
to Florida he crossed the first cons,derab stream
at a distance OF eight ten miles from Arroyo
Seco; that the said was called the Carrasal,
and at the place he crossed it, it southeast; but,
at short distance below, turned and to the
northeast; and stated that they offered this evil
dence for the purpose OF showing that the strea ms
which Abbot and Slocum, witnesses to the de-
PENDANT. had sworn ran together and there
united five miles of Laguinilas in the State of
San Luis Potosi, were not in fact at their said
junction within twenty-five miles of the village of
Laguinillas, and were in fact in the State of
Queretaro. To all which offered evidence, IA
evidence for said purpose in this ause defendant
objects; and further shows that the ssme witness,
in bis examination in chief. had stated the same
facts and the court overruled
Mr.. May. Did you see the Carrasal river?
4ans. When we were half way up the mountain.
we had good view of the Carrasal river and also
of a little stream.
Quss. Could you see the ranges of mountains on
either side OF that river.
Ans. Yes, sir. The river seemed to have cut its
Gay through the mountains.
Mr.. BRADLEY. This same question was put to
the witness in the examination in chief.
The CoURr. You cannot repeat evidence that
has been given before. If THAT be done, we never
will get through.
Could you see from the mountain the course in
which the river RAM
Ans. Yes, sir. 1t ran southeasterly, and as
marked on the Coast Survey projection.
Ques Could you zee the valley of the river for a
considerable distancef
Ans. Yes, sir.
CUES. You proceeded to La Florida and rested
night there; where was your next resting place?
-Ans. Ell Durssno.
The CouRT. That is not within the ruling of the
court.
Mr.. May. We think that il is, by connecting it
with the testimony OF other witnesses. Suppose
show that the mines visited by Abbot and Slocum
are those of JalpaD, not prove that they are
al a greater distance from LaguinIIas than they
said they were' Are we bound by their testimony
as to their estimate of distance1
The CoURr. You can contradict that testimony
MIR May. We want to do it in regard to their
estimate of distances. We want to show by wit
nesses that where they say the distance is five it
is forty five miles.
The CoURT. You can show that there are no mines
where these gentlemen say there are Mines That
10 all that is rebutting evidence.
fro BE soNrISurD.l