The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-06-03

CRIMINAL COURT FOR TIE DISTRICT or ooLUM.


thePVisSa iDi 'S SAn"h.l
FIYrY-snTn DAY-THuRsDAY. MAY 10. 1883
The DlsIRIor ATTORNEY resumed his argument as
follows;
All the adjournment on yesterday was engaged IN the
consideration OF the third branch Of this snOIseI
endeavorng to show you that according 70 me ia s
Mexico and The various regulations wnen onIS he no
adopted in furheranee OF those laws, 'nei1 ; 70 az
such mining titles, and consequently ~ 'I jandsn, H.
district OF Lagunlas claimed Dy lhe ae,snuai ~
his memorial shall dispose OF tha' par OF o supIeos
as ouek lv IA can You will observe ihat me ue on
which this defendant got his money .hg one whlcn was
filed before the ,s h Mo- caaa
ibat il is only an abstract but call by what name you
please the paper which the commissioners thought
III TO make him any allowance as the owner OF the mines
II was sufficient evidence TO them that he was the owner
of the mines. The following is the testimony OF Mr.
Partridge on the subject;
did you find any mining title there-dld you search
there for records OF mines
fans. | did and found none. The office was the
projects Office.
"Ques. Who was the project
cans. Francisco Fernandez. | visited the Office
otenevery day while there except one, and that
feast day. looked for records OF mines and found none
&c.
Now gentlemen, here is a witness whose testimony is
NOT obnoxious 10 the doubt which has been attempted 10
be thrown on that OF Capt Barry He is intimately
quanted with The Spanish language, and he tells you
that he not only found book OF registry OF mines
which would have been there if such had ever existed,
but that he searched the records and found no mining title
there. He wen, with Mr.. May, chief OF the Senate
commission. Both of them were lawyers-bolh were
informed OF the facts OF the and knew TO what point
their inquiry should be addressed and these gentlemen
thus armed with the necessary information, made a
thorough search OF this Office, and only found no book
Of registry OF mines bu, no mining title These wit
nesses thus competent at all points TO conduct this exam
inalon performed Il with strong desire that the troubles
they had endured should not be unavajling-,ba they
should not have Undergone all the prIyations and hard
ships OF travelling in that rude and savage country with.
out having accomplished their purpose; but do what they
could they could find evidence OF mines in that place
have sand that negative is difficult 10 prove and so il
Nut when proved. under certain circumstances
becomes the strongest oil all possible evidence These
gentlemen went TO the place where the defendant said his
mining title was, and searched for II IN the presence OF
the man who occupied the ohce--ihe same Francisco
Fernandez. whose name have shown you is forged
on the paper-and found no such document there The
inference OF and law IS that there never
any such paper there Seeing this difficulty, what
does the defendant do He abandons the title which
he got the money, and Lagunas for fresh
mining tile Now, Captain Barry had been there the
ID Sd Of November. and before the defendant and his
party reached that place, and he said that be found no
such paper there, after most diligent search-atter
having searched the office in company with Mr. Meteor
mick. American citizen who had been in the country
twenty years, and who was perfectly familiar with the
Spanish langu and the law and practice OF mining
According the view which have presented 10 you be-
fore, il would have made difference il he had found
title there, i, could not be valid one When the
commissioners went there they saw paper which
represented 10 be he OF which copy has been
presented here You have heard the testimony of Cap
tains Doubleday and Hunter and Mr. Partridge on this
subject Captains Doubleday and Hunter distinct in
telling you ina, the paper they saw contained nothing
about the "Huaseca mountains Mr. Partridge is not
quite certain, but he has strong impression that those
mountains were not mentioned IN II.
Captain Doubleday tesies as follows:
'Ques Did you read the paper ILagunillas ttlel
through'
Ans Yes sir; two or three times
"Ques. Were the Huasteca mountains or Cerro Cor
do mentioned in il
cans Neither was mentioned in il.
"Ques. Are yon clear upon that point?
cans Yes sir my attention was called TO that fac and
Invent back and made special examination 10 see they
mentioned in IL or not Ii struck extraoT-
binary circumstance that they not mentioned; an
certain that they were not
Besides this extraordinary circumstance" as Captain
Doubleday well terms il, you will recolect that all the
commissioners who were examined about The appearance
and contents OF the Lagunas title agree 10 its raudu
lent character The iTesh clean hread with which II
ewed u" the stains OF acids give il the ap-
pearance oil age the stains on the papers before and
behind this document exactly fitting TO prove that
the title had been lately inserted the torn OF the
surrounding and enclosing papers, and which pre-
csey fitted each other while The tile between was unorn,
aud it's fguaFe " The clean white paper on
which II was written, seen by turning the back
part where il was stitched together: all these things
PROVE conciusively its fraudulent 10 deceive
the Senate commissioner, but which sgnally failed to do
they not 10 be deceived by so bunglng cheat
You see how mnuley these gentlemen scTutinized the
rape There Is no possible ground for supposng de-
fect OF memory The part OF the witnesses for the prose-
suon IN regard to the document they at The alcades
Office al LagunilIas. The very concurrence of the
whole three the description OF the paper fofbds any
thing OF that sort but they tell you they do not depend
entirely on their memory-ihat they took memoranda al
the time, minute and careful description, with which
they have refreshed their memory here in your presence
SupposDg Captain Slooum's testimony 10 be accurate,
what does il poyel II proves that there two pa
pers there, neither he nor Abbott saw these signs
and marks upon il, which fact goes to couobora,e
Captain Barry. The paper which this witness the
part OF the defendant not the paper which bad
been by The commissioners, and confirms the theory
that there was original IN that Office and that
this paper put there by the taverser and had been
copied from the pretended cory which John Charles Gar
diner swore he got on the ION OF Novenber, 1851.
You recolect gentlemen, the testimony given on the
made TO rebut that abb by showing that the
sir who had the defendant places dill
feren iron the OF his extensive mining operations
and engaged IN business entirely incompatible with the
truth bis memorial had mistak George A. Gardiner
for bis brother John Charles The effect OF this testimony
OF abb felt to be crushing, and it found
sary to get rid of II in way other Ia the first
place, effort WAS made 10 break II down through the
fundamentally OF some postmarks of letters purporIing
places. The court determined they not legal
evidence and they forced prove his presence
those places in some other way Gentlemen deprecated
being compelled 10 put him the stand but the i'm
mediate occasion OF has appearing witness 10
prove the copy Of the 10th of November 1851 being
The copy of the paper found by him in the aeades OIL
fee at LaguDilas. In the OF his testimony he
stated thai he bad been al his brothers mines three
tmes--n 1874, ISt5, and ls46 and when those mines
in those mines lie also stated, regard the copy OF
the 10th November that he compared Il with the original
AT that time, and that he the alcade eign the
same day, the 10Th OF November his Office al Lagu.
nas. He also stated that he did not think he in
MO Verde on the 10th OF October 1851 and paper was