The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-05-17
Ana. Il Vas On Sunday morning.

The CouHr This 10 only An explanation to max
| what follows Ineligible.
| original letters contain the same dates az thos
copies and that you believe them to be true copies
! Ans. cannot tell certainly. only judge from
the dates which to these letters. The day be
fore We started for the mines. sat down nd wrot,
u letter to my father, and one to Colonel Seymour
! After I had returned from the Mines and wher
Slocum and Gardiner were sick, l sat down anc
copied portion of the letter ! had written before
and completed il.
Ques. After having written that letter, you then
sent it to Colonel Seymour for publications.
Ans. A couple Of days after my return from the
mines enclosed it to Colonel Seymour.
CUES. / understand you to say that that portion
OF it published in his newspaper is true extract
Ans Yes, sir. tUl an
GUS. Have you been an enlisted soldier in the
army of the United States!
Ans. Yes, sir.
Cues. Did you enlist at Batimore1
-dns. Yes, sir.
The Couar. This ia new matter undoubtedly.
VitmIu. have requested that the defence
should not object. / desire that the evidence on
this subject may go out The gentlemen desire to
make inquiries with reference to q court ma tial
held on me in Florida. would much rather have
it 60 out than that the counsel for the prose.
cution should make false representations, which
has already been done.
Mr.. May. We shall show what we desire from
the records Of the War Office
Mr.. BRADLEY. We will not allow any cross
, z,
touch the sensibility the reputation IF witness
| called by us without first seeing the grounds on
which it ia based. If the gentlemen will let me see
the record. will say whether shall interpose any
objection or not.
Mr.. MAY. will not show it to you beforehand.
Wviness. My character 10 interested, and
desire to make a remark.
Mr.. MAY. submit whether can ask the ques-
tion or noG t-
The CouRr. X seems to me that it is with refer.
ence to a new matter entirely.
Mr.. MAY. The court, then, refuses to allow me
! to put the question?
The CoURT. The court cannot help it. II il
nothing. under the heavens, but new matter. You
must be subjected to the usual law. thong ht you
said that you were going to examine him wholly
| with reference to what he testified before.
| Mr.. MAY. The fret questions which | have put
| relate to his former examination; the last not
| The CoURT. Not that conceive of.
Mr.. MAY. When you hear the letter read, you
probably will be of different opinion. / have a
| right to ask the witness question which may
disgrace him, but be may answer it or not as be
| pleases.
The CoURT. You have not right to ask ques
tons when you please and how you please.
Mr.. BRADLEY. | intend to offer the record in
evidence to the court. If your honor rules it out
intend to publish ii as part of the proceedings of
the case; that the jury and everybody else shall
see it, accompanied with the explanation of the
witness himself.
Mr.. May. The prosecution have no other test-
mony to offer. If there should be any inquiry as
to the original of this letter, shall ask the court
if We can obtain it, to allow it to come in. The
beat evidence is the original itself.
The COURT. MY remarks apply to what was
said in reference to the witness being enlisted
soldier and court-martialed
Mr.. CARLISLE. We have made no kind of OBJ
lection to the copies of the letters.
MIR. BRADLIY. hope there will be no misun-
Outstanding arout the matter. We do not object
| absolutely to the testimony with reference to the
court martial; but we desire to have opportu-
nifty to see the record before we make our answer
TO IT, The counsel on the other side admit that
they have the record but will not allow us to see it.
MIR. MAY We have not the record in the case
but we have an extract from record furnished
by the Judge advocate general. -n
Mr.. BRADLEY. That will not do. We must have
the whole record, and. having it, undertake that
it shall be read to the jury. We do not object
copy of the letter, nor do require the produc-
ton of the original. We only desire 10 see the
letter before II ls read.
Witness. As near as | can say the paper
shown me is copy of the letter which wrote
There may, however, be some verbal errors in it,
Mr.. May. We much prefer TO present the ORR
gipal letter.
Mr. BRADLEY. submit that if the United States
close, they close to all purposes, and without re-
serving any right. We interpose objection to
copy of the letter. and it is useless, therefore, to
wait for the original. We wish to see the COPY
and know whether it is to be offered in evidence
or not.
The DISTRICT ATTORNEY. We took the earliest
means we could Of obtaining the original of this
and another letter, and expected them to be here
to, day. They will undoubtedly be here in the
morning; and as they evidence to which our
attention has been called since the rebutting por-
ton Of the case was opened, We presume that the
court will give Us until tomorrow to produce
them.
Mr.. BRADLEY. We desire to see the letters before
they read What We have seen we desire to
have read to the jury.
MIR. MAY. You shall have every word of both
I~t,o "a,
letters shows that the original is mutilated in GER
tain parts, and we, on that account, wish to pre-.
sent the original, if we can obtain it.
The CoUar. The court will allow until to NOR
row for the production of the originals
MIR. BRADLEY. Has the United States closed, ex-
cept with reference to that letter?
Mr. MAY. 1t has absolutely closed.
The DIsTRIcr ATTORNEY. That ia, 30 far as we
know.
The court at 3 O'Clock adjourned until to. NOR
row at 10 o'clock.
FIFTY-FiRST DAY-Thmsday, May -.
Mr.. MAY. | will read for explanation, and not
evidence, the order carried by asthe chief of
the Senate commission to the alcalde of Laguinil-
las There was Misunderstanding between the
counsel with respect to the matter, and the gen.
tlelnen on the other side have agreed that it may
be read. 1t is as follows:
[TRAssLATIoN.]
PREFEcruRE OF THE DEPARTMENT OF Rio VERDE
This prefecture having come to understand that
Mr.. George A. Gardiner, in company with two or
three strangers, ia now in your town, lodged in
the house Of Don Jose Pando, you will cause that
opportunity he show to Mr.. Henry May, chief OF
the commission Of the United States OF the North,
the site of the mine which be has wished to make
avail belonging TO him in your municipality; as
also the site Of the smelling establishment located
in the same place, and which he has stated in bis
claims destroyed and burnt by Mexican
troops; with the understanding that if expressly,
(openly,) or under any protest, he should refuse
90 80, you will also cause that he present him
self with his ompanions in this prefecture for the
ends which may be convenient.
protest to you my very particular respect and
esteem.
God and Liberty! Rio Verde, December 10, 1882
(Signed,) FRANCO FERNANDEZ.
To the Municipal Chief of Laguinillas.
Mr.. CARLISLE then read the order heretofore
published, proceedings of 18th of April,) which
the witnesses on the part of the defendant testified
that they bad received on reaching Laguinias
Mr.. May. / wish now to renew on offer which
was objected to when made before, on account of
its oaving been out of the regular course of pro.
ceeding dec that the court will give the Jury
leave to apply aSest for the ascertainment of the
genuineness of signatures
Mr.. CARLISLE. The case for the prosecution il
closed, and would inquire whether what is pro.
posed be evidence not?
The CouRr. Ii il not evidence but the Jury may
apply, II they please, at the proper time. The Jury