The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-05-17
}. Wa. not the stone that was shown Won

IA search was made for the piece Of stone tina
had formerly been examined by the witness, but i
could not be found.1
Mr.. May. l have submitted the motion time
and again that the other ride should file their pa
pers and ores; but it has not been done.
The court here took recess.
Alter Resembling
DR.. C. W. Dapis, recalled.
Mr.. MAY. Have you lived in Mexico,
ARs l have for seventeen years.
Cues Had you much to do with the authorities
there and their writings,
Ans. was frequently brought in contact with
them.
Ques. Handing the witness the decree Of the
project OF Rio Verde, Domingo Chaves, on the pc
titon of John Charles Gardiner, which was pub
lished in previou, report.I What is the date Of
that decree?
AZ should suppose that it was "Ri0 Verde
CUES. Have you seen numerals made IN that way
Ana. In Mexico .sten,h" is frequently written
| "a il 10 on that paper.
Mr. BnApLrY Among all the Mexican papers
which you have, can you find one in which "tenth
| 10 written ss il is on that paper'
| Ans. have not many papers myself, but there
are q good many in the Department oil State, to
| which can have access.
Quxs. You will do a favor by looking through
the apers in the State Department and finding q
| single one where "tenth'' IL written a. 1t IL on
| that paper'
Ans I will examine them.
Mr. CARLISLE How would you say the "irst o
| 4dns Dia uno de Mayo, or de Mayo
| Mr.. BaApLEY. Handing witness a paper on
| which were marked tenth" and "Erst."1 lfthost
dates were written in Spanish, bow would yor
| read themI
Ans. "Octobre dies j." and "Octobre primero. >
Nv recollection ia that Mexicans do not make the
| figure II" and gro" for "primUo.
CUES. If were to show you letter with the
da,e wrinGn with long figure sd" and "ro,
| would y60 say that it was not written by Mex
| ican9
Ans would first look at the document. said
my recollection was that Mexicans do not make
the figure 81" and ''ro" for ''primeo."
Cues. Handing paper to the witness.l Wha
is tue date OF that paper
ans. "Rio Verde, Novembre priu,syo - but il
was not written by Mexican.
Quss. According to your recollection, instru-
ments and promissory notes, or any thing or
which the day of the month is entered, "hrst" ii
written with a figure 81" without an 60" or "ro'
next to it, and that when cipher is annexed to
the figure some" at the top or bottom, II i:
",enth""
Ans. That ia my recollection.
Qu<s. Have you studied any spanish grammar!
Ans. have depended more on my knowledge
of the Latin grammar, owing to the great stint
larity of the languages. Josse's grammar was the
one / had access to. The standard Spanish
grammar at the present time Ia one got out
on a new plan, but | know little about it.
refer to OendorPs, which ia con sidered the best.
Mr.. MAY. Do l understand you to say that the
Spaniards, in writing numbers, do not use any
thing which corresponds to our "hrst, !" second,
or "lhrd? ?"
Ans They do in the division of discourses, argu-
ments, any thing of that kind. First" if
written with 81" and 'ro," would undoubtedly
signify primero.
Mr.. BaADLrY. Did understand you to say, in
regard TO bills of exchange, promissory notes,
deeds accounts, or transactions OF that kind, that
they only use the mineral, without any addition
tot IN vynn rlf % Qhc 1
Ans. Promissory notes are rarely used in Mex
leo. The business there ia pretty much cash
one. DO not recoect having seen promissory
note there.
Ques Did you not at any time, during the seven =.
teen years you were in Mexico, see q bill of ex-
change or promissory note?
Ans. have seen bills of exchange, but no pro.
missory notes that | recollect of.
Ques Do they not habitually in Mexico use
something more than figure to describe nu-
nerals?
Ans. think not; but my recollec ton ia not dis
tinct. As a general rule, they say 40 May
$40 June" "June H." "June 49," and not
"June lltb," "June l2th," &C., we do If |
had the decree of Domingo. Chaves to translate, l
would translate the date October 10TH" If the
document a forged one. the person commit
ting the forgery would take good care that the
dates should correspond, especially when hav-
ing the dates before his eyes in the concluding
line above.
Ques Would you read that GATE the "tenth, %
If you had seen nothing that went before or fol-
lowed IL?
Ans. From my general knowledge of the habit
OF the county alcaldes iu putting figures in place
Of numerals should say that it was "Rio Verde,
October 10, 1851
Colonel Ab6of, recalled.
Mr.. MAY. Are you acquainted with Isaac ID.
Seymour. of New Orleans?
Ans. Yes, sir.
eus'. Have you correspondent with him3
Ans. Yes, sir.
were at Lagunillas?
Ans Yes, sir.
Ques Pointing to an article In the New Or
lean Commercial BuHetin.l Did you write that
article?
Ans. did
MIR. BRADLEY objected.
The DlsrRIcr ATTORNEY. We are now proceed
ing With our cross examination of the witness.
Mr. CARLISLE. think that you have made him
your witness. The court said that We had right
10 call your witnesses for at any
time before you had closed your case. We have
closed our case, and you have gone into your re-
outung evidence, and cannot, therefore, call any
OF our witnesses for cross-examination.
The DIsrRIcr ATTORNEY. The principle of the
ruhng OF the court which allowed you to recall our
witnesses tor cross-examination at any time, en-
titles Us TO call your witnesses for examina-
ton when We come to rebut We are now merely
cross examining the witness with reference to
facts which did not come to our knowledge until
after our case had been closed
Mr.. MAY. We avow that our object ia TO contra
dict the witness: but do not wish to examine
him as to new matter, because the rule in Stimp-
sons case would make him our witness az to new
matter.
Here discussion ensued as to whe Their the wit.
ness was to be considered recalled for cross exami-
nation by the prosecution, a witness for the
United States. After which, the court decided as
follows:
The CoURr. What the court has heretofore said
does not reach the present case at all. The court
said, when appealed to, that the defence had
right to examine at any time before The pro-
secutiou had closed its The rule in Simpsons
case does not apply to this matter at all, in my
Judgment. His honor then read Greenleaf on
Evidence section 4f7, and Starkie Evidence,
page l21.l am of opinion that in this the
witness may be cross. examined far relates to
what be said before. He be cross- amin ed
with reference to any new matter, without being
made witness Tor the prosecution.
Mr.. MAY. | understood you to say that the
article in the paper which l handed to you was
written by yourself?
Ans. l believe 1t was; but there may be some
little errors of the compositor in it. / wrote a
letter, portion of which 10 published in the paper
which was handed to me.
CUES. Would you know the rest of the letter. if
you saw IL?
Ans. Yes, sir.
cues. [Handing the witness two letters. Ex
anime these and see whether they are correct
dns. To be certain in regard TO every line,
shall have to examine them word by word There
ia no question in my mind but that these copies
of the letters which wrote.