The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-17

O-And he went before the same board7 Al
suppose g. Won ever converse with him touching the
nature of his claim? A-Nevcr.
DR. Davis sworn. CIV, re you at one time Sec
rotary of the late Board Of Mexican Commissioners?
Al was, for short time.
Q-When were you appointed? Al do not re-
collect exactly. 1t either the last of March or
the first OF April. was appointed on the resigna
ton Of Mr.. johnson.
Odd you ever see that paper before? (showng
him the memorial OF DR.. Gardner) Ayes.
Q.-When did you first see it, A.-rhe first time
was few days after was sworn in as Secretary to
the Board
Odd you see it by itself or with other papers?
A.-No; the whole bundle of papers together in re-
lation to Dr. Gardners claim was shown to me by
Colonel Payne, one OF the Commissioners.
Q-How near was it to the time OF making these
awards Alive six days. more or less, previous
to making the award fixing the amount.
Q-When was the award fixing the amount nader
At was the night before the board adjourned. |
not certain whether it the 18th, l4th or 18th
Of April 1851 All the awards were made that night,
with the exception of few cases.
Q.-When was the other award made? Alt was
made before was secretary.
Q-Haye you examined this paper! Is that your
mark? ('1.O Alt is.
Q.-State why you put it therel AIN endorsing
papers numbered them, and numbered the index to
correspond This was not until severa months after
the board oar adeurnsd put this mark on therefore,
Q.-Was there any other memorial Of George A.
Gardner? A.-There is memorial stating
Mr. Carlisle-We object to the contents OF any
paper being stated which is not shown to be TO-
Witness-Number one is the memorial all cases.
1t was so marked whenever l could find memorial.
There were some cases in which we could not make
out whether there was memorial or not.
Q.-Was there any other paper among the papers
handed to you by Colonel Payne purporting to be
memorial except that? A.-There was another
paper purporting to be memorial. ! do not recol-
lect by whom it was signed.
Mr.. Fendall, (exhiting aper.)-Is that the other
or supplemental memorial? Al think it is the
paper, or 1t was among them.
Mr.. Bradley-But asked you If there was any
other memorial or paper filed by DR.. Gardner, and
you said you don't know, did you not? Al can't
say there was.
Mr.. Bradley-When did you make the memoran-
dun on the paper2 Was it a month after the com
mission closed? Ayes.
Mr.. Bradley-Then | object to any evidence Of
that memorandum.
Mr.. May-Doctor were not these papers in your
possession all the intervening time? Ayes.
Mr.. Bradley-Were they all that time in your ex-
elusive possession A.-They were under my
control.
Mr.. Bradley-Under your controls but had any
one else at any time access to the papers?
Ayes. (The witness retired)
Mr.. Fendall then offered to read to the jury the
memorial of Doctor George A. Gardner, to which
Justice Myer had testified he had affixed jurat &C.,
being the paper containing the alleged false swear
ing.
Mr.. Bradley objected
The Court said he would take till Monday before
deciding whether the memorial should go to the jury;
and then, at hafpast four o'clock, the court ad-
journed