The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-06-08

fession OF guilt But did he act according to the ad-
vice OF his counsel No, gentlemen Although he re-.
used 70 40 what was the only thing which would
have made The acceptance. by The commission, OF
the pIoposili0n OF Abbott all reasonable sensible,
yet shielding himself under the advice of his coun-
sell he allows Abbott to do IT, III he sincere in
ms obedience to the advice OF his counsel he would
have said, These gentlemen have taken my defence
IN their hands they think | ought 10 have con-
nfxlon with The commissioners and they know better
than do will not show them these mines;
do So will not do it myself nor shall Abbott So
cum do II NOW outstanding, however, he allowed ABB
boit to oer % send guide 10 show The mines 10 the
nissoners and why Because he knew that the commis
sloners could hot possibly accept the offer II
ck--a mere stralagem on his part II hollow
swer TO the hsldbl The commissioners used every ef
fort in their power induce the defendant him
self and called Panios house him. but in
vain Some stress il laid the fact that at that time
he, as well aS S0cuR sick. He might have got
OF these friends 10 write a few lines. saying that The
mines proposed to he shown those which belonged
to HIM, and signed " aud that all The commissioners
wanted. Thkle many other things about his con-
duct, such his travelling with false passport,
Sc, &c. which deserve notice; but am nnwil-
Ling 70 ae1 n will Therefore rel pass 70 h.
he has abandoned the description Of his mine found
in the Rio Verde title He now claims the descrpiion
in the LagnnIlas title The testimony of Abbott and Slo-
cum 10 The ownership is mere hearsay, derived from
the defendant himself. and not 80 strong his own
memorial, because that is sworn TO- Gardiner told them
all they know about the ownership and he thus be.
comes a witness in his own case, and not on oath.
against principle Of evidence. on which you have
much important testimony the part OF the pros
boundaries, shut out. intended 10 call your aen-
hon to the discrepancies existing between the state
ments of Abbott and Slocum and the description given
in the mining little and The depostions which have been
hled here. but shall not row do SO.
Mr.. BRADLEY trust that the gentleman will not PASS
over that point but will make statement as to the dis
crepancies TO which he alludes.
The then adjourned until Tomorrow morning at
/ 10 o'clock
n FIrry- SEVENTH DAy--FRlpAY, May 90. 1853.
The DISTRICT ATTORNEY resumed his argument as
follows
GENTLEMEN OF THE JURY l shall now direct your al
tenon the discrepancies between the mining titles and
the evidence, which have been submitted on The part of
the defence in order 10 support them The Ria Verde
lille. which before the board OF commissioners is
follows:
.'rhe citizen Francisco Fernandez, project of Rio
Verde State OF San Luis Potosi
al certify that in the book of registry OF mines of this
office appsainng to the year 1874. at folio IS over, is 10
be found an entry ia the following words, 10 wit:
July l2h. The American Citizen. Mr.. George A.
Gardiner. by profession physician, OF twenty
OF age, and resident OF thus place, has denounced
The date hereof old mining district OF silver, having
number Of shafts and excavations, containing water and
rubbish entirely abandoned without inhabitants, and
branch OF The Sierra Made. opposite of Serro Gordo in
The Sierra OF La Haesleca counly OF Llganas IN this
department
ton 10 the westward, and dips 10 the westward about
forty five degrees, and is upwards Of eight yards wid
It's ores are the red sulphure OF silver and he claims
the rights and privileges conceded 10 restores OF aban
doDcd mineral districts.
Granted and conceded requested by the petitioner
subject 10 apply for possession within sixty days pre-
scrDed by the ordinance.
September 81 Ga The day OF the date hereof pos
session has been given TO Mr. George A. Gardiner in
conformity to bis above announcement OF said ancient
nine. ganiing him three appendages the COURSE OF
the vein, with the limits and measurements marked
out the gounds and prescribed by the ordinance with
all the privileges OF .es'orer OF an abandoned mineral
district, having nominated the shafts La Trinidad
Dolores and San Jose, and conionty the mines OF La
ssrra. aud he has been furnished with the appropriate
deeds and titles constituting him the legitimate and sole
thereof with full power and light to sell and dis
pose OF the he may t, being hereby consti-
lued his property, sublec, 10 the mining ordinance
"Ani at the reqnes, of the party. give this in the
city OF Rio Verde, on the 81 July. 1850
FRANCISCO FERNANDEZ
81 Plo GUTIERREZ, Secy,"
'SAn LUIS PorosI July i5 1850
1.-The governor Of the free State of San Luis Poos
The signature of Don FnBcseo Fernandez
prelect of Rio Verde, which atess the above document
JULIAN DE Los REYES,
LUIS GUZMAN"
tSeal of the State of San Luis PoiosLl
There is discrepancy between this title and The in
the alcalie's Office Lagunias, copy of which
brought here by Abbott and Slocum In the Rio Verde
tile although the district said 10 be abandoned" il il
no, said to be without inhabitants :; while the Lagu-
nas title states the district 10 be abandoned and with.
ou. Inhabitants 1t could not be said that the district
was without inhab,ants because. according to The
contradcted testimony which has been adduced here,
thu village of Pna" is close 10 The Rnes-a village
which, from all appearances, existed long before The year
1874
IL speaks OF only one mne-one vein," and that vein
running in a single direclion north and south, with
| slight inclination to The westward, &c
The Iagunilias title speaks OF |" three mines and OF
veins running in different directens," &c.
Iere the counsel read the different statements OF the
app rs and ncnaiions OF the vens &c, and pointed ou
particular discrepancies
The defendant hts application the acade of Lagu.
nlas saye that IT suits his purpose To denounce
mine in the mountain OF the Rodesno" There is not q
there s any where mountain called Rodesmo The dis
tance between the two last mines and the first is
stated in the Lagunas title 10 be two leagues" In
the Rio Verde iie II Is all mne in one place. Cap
tain Socum oa the 10Th Of April, having before him bls
mem oranda for the purpose of refreshing his memory,
testified as follows
"Ques What is the distance between San Jose and
Trnidadi You SAID this morning twas from 500 TO 500
yards!
"Ans. (Referring 10 his memorands) The
distance from Dolores to Trisdad ia two three times
as far as from San jose Tnnidad-tha is, about 24oo
yards" t#
Mr. Abbott, on the 18th Of April, told you from the
stand that did 90 directly from the mine of San
Jose 10 Trinidad, but by the road we went should say
IL was Eve six miles IL would be impossible for
to say what would be the distance by an air line BY
the road took from Trinidad to Dolores II would be
about i've miles"
Thus, you see these two witnesses differ, and both
wide of the distances stated in the Lsgunillas title
hud OF September according TO the Rio Verde litle and
on the fourth of September, according to the Lagunas
| title. s.f.5 - .
Going back to the deposi,ons filed with The hoard OF