The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-28

A~s. think was there in September, 1886 |
paced through Rio Verde NJ another time, in No
MEMBER. 1916; whether the hast Of November or the
Let of December, I-cannot say. / remember H.
because II was during the time whom every Amefi.
can citizen was compelled by Santa Anna IN have
q passport signed by himself before hs was allowed
to leave the State Of San Lois Potusi was Obliged
to have one. can produce my passport now. 4
Mr. BRADLEY handed the passport to the Wit
ness.
Witncss. This 10 the passport to which re
fer. 1t 10 dated on the 30th November, 1886
| Mr.. CARLISLE. We have brought this witness
to the stand to prove the signatures to the paper
| and should like to know whether the cross ex
animation is to extend farther than it has?
| Mr. May. ! am going only to the Witness
source of information Of this man being project
and acting as such. Gutierrez, AZ being secre
tary, connects himself with Santa Maria; and
want to see how far. from his previous knowledge
OF Santa Maria and Gutierrez, be 10 able to prove
that they were acting there ~ project and secre
The Cousr. 1t must be confined to that.
Mr.. CARLISLE. Isuopose the matter has already
been exhausted, hut do not care much about it,
| | do not object. but have merely thrown out the
suggestion. We have not gone further with the
witness than to ask about the papers.
MIR. MAY. The fact of Gutierrez having pre-
viousy acted as secretary would be a good pre-
| sumption of his then acting az such.
| The CouRr. That has been already proved.
Mr.. May. But there is evidence az to the
time,
Mr.. May. If the defence make objection, and
the court thinks have no right. why, will yield
The CouRr. Gross examination must be confped
to matters relating to those brought out in the
examination in chief
Mr.. CAsIIsLE The witness has stated that G i.
tierrez called himself the secretary, and acted
such; and that he stamped the paper with the seal
of the prefecture, after he had taken it to the pre-
feet, and had it signed.
The Couar. The rule is, and it was established
on the application of MIR. May himself, that the
cross examination must be confined to the matter
inquire of in the examination in chief. confess
before the point made thou ght the right x.
tended further. stated SO when the objection was
made at an anterior state of this case but the
court adopted the language of the case of Peters,
which, by the way, do not think is precisely a
decision on the point. II il be proved that a man
acts de dcfo it 10 not necessary to prove his com
mission. That is all that ia necessary. think
these signatures sufficiently established by the
certificates OF the persons who in the exercise
of the duties of that office. They have a right to
show that the paper 10 the one that has been in
the possession of Mr. Bradley That fact being
admitted proved, then it becomes competent
evidence.
Mr.. BaApLEy. (Handing the witness transla.
ton of the certificates appended to the doc uments
IL that your handwriting
Ans l recollect having made a translation of
those documents
Mr. BRADLEY then proceeded to read the various
certificates to the mining title, a copy of which
has already been published.
MIR. CAaLIsLE proceeded 10 reao the petition OF
J. Charles Gardiner for q copy OF the mining title.
Mr. MAY. Is that evidence to the jury!
The Couar. That which ought to be given in
evidence is the GO Of the mining deed. do not
think the petition ought to be given in evidence
Mr.. BaApLEY. IL il the petition, a. literally .
pied, and thi ought to be offered in, evidence.
The CouRr. II IL not evidence of any thing in
il, bat only that he addressed this man az acalde,
and that he responded as such, which is the strong
eat evidence that be in the exercise Of the du
ties of that office.
Mr.. BsApLxy The paper contains no fact in
itself. but Is merely request to the alcalde for a
copy of the mining title.
The court then took a recess.
On the Resembling of the court
Mr.. BRADLEY exhibited a copy of the mining
title to the jury, and explained the certificates
to it.
John Charles GARDENERS examination rssumed.
MIR BRADLEY. State, if you please, where you
were born!
dns / was born in Havana, in the Island of
Cuba.
Quss What was the name of your father'
Ans. George Allan Gardiner.
Quss. Do you know bis hand writing9
Ans, do; j have seen good deal of it
Qiss. (Handing the witness a letter of security
to George Allan Gardiner and his family, dated
2lst November, 1929 Ia that bis signature to
that aper!
Avs 1t ia, to the beet of my knowledge.
CUES Have you ever seen that paper before? IF
80, when and xhere9
Ans Yes, cir, have. IL purports that my IA
ther at that time settled down in HAVANA.
Ques. (Handing to the witness the certificate OF
residence of his father) How fr back can you
recoiect of having seen the paper'
Jfns saw the paper in Havana shortly before
my brother left for the United States IL 10 Ger.
ufcate bearing date the I'd Of June, 1928.
Mr. Bo,o<s then read TO the court translation Of
the letters of residence and security.
Ques ITO the witness What is your age and
che date of your birth,
Ans. was twenty nine years of age on my last
birthday. will here state that until two years
ago con sidered n,yself two years Younger than
was then. | ssc.rtained that was two years old
err by baptil NAL certificate which found in
box of instruments. By that ascertaned ] was
twenty nine years OF age last September.
Cues. When was this baptismal certificate given
to you!
Ana. In Havana in ls44, hen l left for Mexico
1t Is dated May %. lS4t.
Mr.. Botrss read a translation Of this paper also
to the court.
Qusr. (Handing the witness a paper) Do you
recognise that paperr
Ans do II is the landing permit which was
given me on my arrival at Vera Cruz on the 4th
of June, lS44 IL is the permit given to all for
eigners who arrive at any port in Mexico.
CUES Was not that the first time you were at
Vera CRUZ
Ans Yes, sir.
Mr., CAsLIsLE stated that the permit was printed
in three parallel columns-in the English, French,
and Spanish languages and then read the Eng
lsh TO the court.
you in September lS43
Ans ] was in Havana.
Sues. have you papers to show that?
Ans Yea, sir. hold in my hand a receipt from
the Normal GYmnastic School, of which | was
member, dated August, lS43.
Cues. Where does that paper bear date? (Hand-
ing the witness a paper)
Ans. 1t bears date at Vera Cruz, of the 9Th of
June, 1874. 1t is the way bill of the diligence Of
flee,
The DIsrRier ATTORNEY. l do not see the object
of those papers.
Mr.. BRADLEY. 1t is to show that the witness was
not in the city of Mexico before a certain date
when your witnesses swear that he was there To
fortfy his statements he has these papers to ex.
hibit.
Qu.s. What ia the paper which has just been
handed to your
Ans. 1t is a receipt for my fare from Vera Cruz
to Mexico
CUES. Did you go to the city of Mexico at that
time?
Ans | did.
Qu<s. Were you ever in the city of Mexico be.
fore thatl
Ans. No, sir.
Ques. Were you in the city Of Guanajuato,
in the Republic Of Mcxco9
Ans. was, sir.
Ques. Were you there in the autumn Of ls<a
Ans was.
Mr.. May. The question ought to be put gene
rally-vhen he vac there'