The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-26

| Ans No, sir.
Qses. Did you oyer tell anybody that Gardiner
would give as much to ARulIar for Staying away
| rs the Government would give him forremaining
here?
Ans. No. sir, never did.
Ques. Have you known DR.. Gardiner for some
time?
Ans. have known him ever since arrived
here. know him we'll.
Cues. You are his friend.
| Ans. And the friend alsoof his brother Charles.
Re-eram;nsd BY Mr.. Bradley.
CUES. understood you to state that you knew
DR.. George A. Gardiner when you first came here?
ans. Yes, sir.
CUES. Who gave you lessons in English?
| Ans John Charles Gardiner.
CUES. Did he teach anybody else?
Ans He taught English to the entire Mexican lie
CATION. became acquainted with him in that way,
and j afterwards became acquainted with his
| brother, DR.. George A. Gardiner, with whom my
acquaintance has continued upto the present time.
Quts Do you remember the fret time you snw
| DR.. Gardiner?
Ans. cannot recollect exactly, but think it
was Immediately after arrived here.
| CUES You have stated that you dined two or
| three times with Mr.. Aguilar; had you nice din
ner. and wine on the table, &C.! 80:
| Ans. Yes, sir. sssM
| The DIsTRIcT ATTORNEY made objection to the
| question.
|
hotel, they are very apt to have wine. Laugh
teri
| Cues. Have you ever told MIR. Aguilar that DR..
Gardiner would give him much to go away as
| herel
| Ans. do not remember that any thing was said
about the subject by me.
Cues. What did he say9
Ans. He told me that he had lost all hope OF get
| ting any thing, and that, if DIR. Gardiner would
| give him $20,OO0 he would go home
Cues. Where did that conversation take placer
| Ans. At Wizards Hotel.
Ques.s Was it renewed at any other time?
| Aas. About two days afterwards he stated that
if Dr. Gardiner would give him S., 900 he would
| go home
Cues Did he ever say any thing further upon
the subject?
Ans. Nothing further than that
| The DIsTRIcT ATTORNEY. What did you say
when he proposed to go away for $4,000? q
Ans. did not say any thing, but laughed. <
Cues. What did you say when he fell down to
/ SIS 600? ssfaf $780,
Ans. laughed again [Laughter.1
CUES You said nothing all the time?
Mr.. May. You state that neither DR.. ardiner
nor his brother accompanied you to Mr.. Aguilar's
| room on any occasion?
| Ans. never went to. Mr.. Aguilar's room with
| either DIR. Gardiner or his brother.
Cues Have you ever said that you had your
doubts as to whether Mr.. Rosa signed that certif
| cate, or not?
| Ans. never said SO. / took the paper to the
| Office and saw it signed.
Cues w ho got you to do it?
| Ans. MIR. Rosa told me to do it, because 1t was
/ my duty to do it
/ Ques From whom did you get the paper?
| Ans. From Mr.. Rosa.
| Cues. From whom did Mr. Rosa get the paper?
Ans. He gave me the paper, and told me to put
the certificate to it; did not put the certificate to
it, but gave it to another gentleman for that pur-
| pose.
Ques Who brought it to Mr. Rosa the first
/ time?
Ans Mr.. Gardiner.
Quss You then carried it back TO Mr.. Rosa
and saw him sign his name to it?
| Aus. Yes, sir.
/ CUES You never expressed any doubt as to whe-
| Their or not the signature was that of Mr.. Rosa ?
| Ans. was aware that it was Mr.. Rosa's sigma
| ture, because saw him sign it. never expressed
/ any doubt of it.
Mr.. BRADLEY offered to give in evidence letters
which had passed between John Charles Gardiner
| while he wac at Guanajuato and Guadalajara, and
| person in Vera Cruz, at the time the prosecution
/ alleged George A. Gardiner was at those places
He would prove by the post and other marks that
| the letters were genuine.
The DIsTRlcT ATTORNEY objected; and after the
admissibility of the evidence had been discussed
by the counsel on both sides, the court made the
| following decision:
The CouRT. 1t has been offered by the defend
ant to show that John Charles Gardiner al
/ Guanaiuato and Guadalaara, by the correspond
proofs Of the genuneness of the postmarks anc
other marks upon the letters, showing when they
were delivered, &C., with evidence of the hand
| writing of the writer at Vera Cruz, and that John
Charles Gardiner to whom the letters were ad-
dressed, now produces them. The court marked
that the objection was founded upon two reasons
because it was not competent for the defence tt
meet the proof of alibi on the part of the United
States by showing that j. Carlos Gardiner was al
the place named. The court thought the first OBJ
jeclion was not tenable. The fact of Charles Gar
position that it would be followed up by other evi
| dence showing that he was mistaken for the de
| fendant in this 1t ia of the ways of meet
/ ing proof OF abb. Every lawyer of experience, a
| least every one of my age, must have seen it re
sorted to for this purpose.
Frequently one man is mistaken for an 1ther.
John Charles Gardiner wanted to use the letters By
| way of refreshing his memory as to time, tina
would be legitimate use; but the contents of tn.
letters would not be evidence in any state of things
| They cannot be used as Independent evidence II
establish the fact that he was at those places at thu
time mentioned. The court is therefore of opin
ion that the evidence must be overruled.
The court then adjourned.
THIRTY-SIXTH DAY-Fridag, april %.
DR.. James F. J. Nc Clery, s,oorn.
Mr.. BRADLEY. (Handing witness paper marked
Us. Nick, ID Have you ever seen that pa
per?
Ans. Yes, sir, it is in my own handwriting;
copied it.
John F. clements, s,oo,n.
Mr.. BRADLEY. Do you know the handwriting
! of John Charles Gardiner?
/ Ans / do. have corresponded with him, ane
have seen him write very frequently.
| CUES. (Handing him paper marked ]. s. Mex.
No. % Is that in his handwriting?
Ans. thing it is. am perfectly familiar with
his handwriting.
Mr.. BRADLEY. The first letter is copy of the
Presidents letter to Mr. Carlisle; the second con-
tains proposition made by Mr.. Carlisle on behalf
| of Dr. Gardiner.
/ Captain John S. SIoctm, recalled.