The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-05-25

ernor and secretary Of one OF her States and il was
khowh IN Me&ico that he was also charged with hav
RON her citizens Instead of arIesiine and Irving him
Tor these violations OF her laws they let him alone The
government OF Mexico you will recollect, is large con-
iederacy, embracing almost as many States as those o
our own Union. Gardiner having gone again into her
territory, and being IN her power. all that was done by
any Mexican functonary which be tortured into ev
ldence OF hostility against this was, that the po
lltea head OF one of The districts in of The States
issued an order TO prevent The defendant from entering
MS department Does this look like conspiracy the
patl OF The Mexican government. when she had the
IN her power, When she could have punished him,
have been told they do THERE without trial! All that
was DONE according TO the utmost showing OF the de-
iendani, was an order from the preiect OF the depa-
ment oil kio Vetde. prohibiting the defendant from enter
Ing Una. department Now what proof have you OF The
II from the evidence is, that Socum and Abbott witness
es Tor The defendant testify that it handed 10 them
been sent TO him by the prefecl OF Rio Verde, and that
the name OF the project Francisco Fernandez. You
will observe that this Francisco Fernandez the same
man whose signature 10 paper presented by the de-
iendant 10 The board Of commissioners we have proved
to be forgery The name purpors to be signed TO the
certificate OF the first mining he OF the defendant, pre-
sened by hIm 10 the board OF commissioners, which
and other papers, he obtained his award. Now, that
document, signature and al, have conclusively
proved to be a forgery. No proof has been offered OF
the gennneness OF the present signature AS the sigma
iure o Fernandez bad been forged support oil this
case the probability is that il would be forged again il
the fresh forgery would be scrvceabe But it is quite
immateal 10 Ills branch OF The argument whether the
order is genuine forged A sufficient reason for the
issuing OF an order prohibiting the defendant from
ing the department of Rio Verde would be found in the
fact that be had before made that department the
scene Of crime that he had forged the OF a
public officer residing there. and not therefore, him
sell person ht TO be there This order is set down as
proof OF conspiracy the part OF the Mexican govern
menl. Now, gentlemen looking at what has gone be-
tore il, was not the conduct OF the Mexican government
merely issuing the order, and doing nothing else, the
extreme of leny?
What else have we seen' An alta he of the Mexican
legation here, coming into and giving testimony,
and throwing his whole strength (very little, agree)
for the purpose cf breaking down important witness
on the part OF the prosecution. lie could not be com
PEELED TO come h.he, because being atache of the
aexcan legation, he parlook OF the diplomatic privi-
ege and the process of the court could not reach him.
He must have then by the consent of the Mexi-
minister and indeed it was think, stated by the
counsel Tor the defendant
Mr. CARLISLE. Certainly
The DIsTRIcr ATTORNEY. The Mexican minister
agreed that Mr. Huci should waive his privilege and
come into couro do WHAT To give testimony against
witness for the United States.
Mr. CARLISLE. We applied to The minister to prove by
Mr. iuci certain signatures Of Mr.. Rosa: and he
allowed 10 come here Tor that purpose
The DISTRICT ATTORNEY. And after testifyng 10
that purpose. he ttled to break down Judge Aguiar
Some days lnterveneh aud after all these proceedings
bad been published in the newspapers, we see this
| hulcl appearing here again. The Mexican minister
knew what he here for He knew he was here for
the purpose OF giving testimony to impeach and con-
,radct important and principal witness for the United
States and yet The minister does not waive his finger
bearance indicate viudlcve feeling The part OF the
Mexican government? Does il show that che was act
ing conspratori Surely not. This conspiracy
charge gives occasion for agreeable reflection: II
there any conspiracy between the government
| OF Mexico and the government OF The United States
against this prosecuted individual, am sure, gentlemen,
must be OF lively qualification to you 10 see
that this most unholy alliance in essential
spect defeated. notwithstanding The great power of
these two governments, and the hendish purpose Tor
which they allied, they failed in most import.
ant object. Although francisco Fernandez had Issued
the order prevent the defendant from going into Rio
Verde and obtaining testimony about his mines, the
scheme failed-most sgnally failed David beat two
/ Goahs. lie not only entered the department OF Rio
Verde, but he entered the mres-the very things in
controyersy-and his witness went with him, sounded
The mines and brought from ,hem-at as iest-
mony and trophies Hereafter may perhaps show TO
you that the testimony IS worth about as much az the
trophies But at all events, II there was conspiracy, II
was an aborlive one far that essential par
ticular concerned. The great object OF the defend
ant accomplished in spite OF the conspiracy. he
went 10 The mnes took witnesses with him, and we are
told that he has demonstrated" that he had mines SO
much fer the conspiracy.
| shall dispose ol the few other topics briefly
The is with reference 10 an act OF alleged
great oppression, which occurred ast summer, IN equ-
ing the counsel for the defendant TO take testimony IN
Alexandra. Now, permit me 10 give you bne history
OF that matter,
| THIS has been a frequent theme of comment with the
counsel for the defendant but happened that reply
was never in order, though often attempted use the
present opportunity TO state the principal iacs bearing on
this TOPICS The primary object OF the prosecution was to
bring the alleged criminal 10 Justice The next-and a
very important one-was to get back much as could
be recovered OF the money Of (which he had pundeTed
the public treasury With that view, nIunclions were
laid the fund here and The fund IN New York Wit
had from great distance, and at much in
convenience, TO Washington, the promise OF being dis
charged within assigned period, IN order 10 testify in
this of false swearing but the counsel Tor the de-
fendant obtained continuance as they did OF The case
tor forgery Tue witnesses had been detained long be
| yond the expected time OF discharge They were TO
return to Mexico attend to their long neglected concerns,
This was late in August, and the criminal court was to
meet on the fret Monday in December The deposuons
of these Witnesses eight ten IN number were 10 be
to be used evidence the trial OF the chaDcery
cause here and also the trial OF the cbancery cause In
New York Two sets OF deposi,ions were, OF course,
necessary All this be done in time 10 enable the
witnesses TO 20 Mexico, and 10 return 10 Washington
uIaing the proceedings required the deposions to be
before any justice or Judge OF any o the courts oil
the United States, before any chancellor, Jusice or
Judge of supreme or superior court, mayor or cbei
mag strae of CITY, or Judge OF county court or court
OF common pleas OF any OF the United States. The
criminal court had Just closed arjuous session, and u
was though, 10 be imposing loo heavy burden on The
MIN The state OF the health of the chief Judge OF the
circuit court made ii impossible Tor him to attend Both
other Judges OF that court were absent from the
District OF Columbia and the only other authority IN
the District competent to take the deposions was that OF
the mayor OF acknowledgements not being " a
cItyn The mayor of Washington was apped 10, and ne
agreed 10 perform the but owing 10 the ohc al
ensaaements of that gentleman be unable TO afford
the time which necessary for taking The deposuons
On lme days he could not attend at all and on others
only small portion OF the hours prescribed by the nouce
The examination and coss-examrnauon OF one witness