The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-05-20
rHE oAnDlhnu CAFE. f44
CRIMINAL COURT FOR THE DsaTRICr or
COLUMBIA.
REPoRrEp roa THE RKPupLlcl
FIFTY,FoURrH DAY-n..4sy. May u.
IN CONVERSATIONAL ~

REPORTED THE RKPusLlc.l
FIFTY-FoURTH Day t..dsy. May II.
IN CONTINUATION. /
Mr.. FEspALI Well. gentlemen. l have dis.
posed, think. Of the fret evidence In the way OF
this conspiracy on the part OF mexico a8ainat
Gardiner. Now, look Al the conduct OF the Mex.
lean government ana see Il you Mad IN Il aay
indication of conspiracy. de gOes there in the
fall of 1852. He had been indicted hero foe forg.
ing Inc names of high public fonetioaAriss-,he
Governor of one Of her States. the Secretary of
State sc sc and. having done THE, he aoes to
Mexico. Instead Of srrestins him there and try
ing him for this violation Of their laws-to saw
nothing else Of other fase evidence ne NAV have
got-baving this man ia their power wksp had
transgressed their laws; instead of arrestine him
and oringlng nun to punishment, they merely
showed that there was order prohibiting him
from entsring into the department of Rio
Verde. That was all. The government of Mex
leo 10 large confederacy something like our
own, and All hat that government did was
that Of the departments of ono of the Sts,,.or
raner should say the political head Of ono of the
districts of one OF the States of this Copfsderacy
Issued an order TO prevent the defendant from go
ing INTO that department.. Does that look like Goa
spiracy 90 the part Of tho MEXICAN government,
When sna could have incarcerated this man and
punished him without trial, All that was done,
as toe defence itself has shown vas the issuing OF
an order by the project OF Rio Verde to prohibit
HIN from entering that department And what
evidence have you even of the xenuineness Of his
order' Ia tegenuneness proved Not yet. All
the evidence have IL, that il puroorts TO be
signed by one Francisco Fernandez " DO was pre-
iect OF Mo Verde, and his signature we have
proved 10 have been forged to another paper. And
tnls 10 the man Who is brought here to prove this
order OF the project of Rio Verde, prob bitn the
- no pronf of nis signature. We have seen that
che defendant could forge his signature once and
II be could forge IL once, he could do 20 a second
time. We have no proof therefore that this il
genuine signature; and suppose il Ia 80, no doubt
he thought that this should rot be permit TO
COME into the department TO commit for gerics
That OF itself 10 sufficient for shutting him
Out. All that this officer does, therefore, is to pro
hloit this offender from entering the department
And that ia set down proof Of conspiracy on
the pert OF the Mexican government. Gentlemen,
regard the conduct OF the Mexiean government
towards this man as being lenient in the extreme
IN not going further than forbidding him TO enter
the department of Rio Verde 81 pposi ng that tho
Mexican government did But il s manifest
that t simply the act of the project of this de
partment.
Now, what more do see? You have seen an at
tache Of the Mexican government conf z in to court
10 give testimony 10 throw out all hs little
70 break down an important witness for the Upited
Ssai ss-a Mr. Huici, or Huith. or some such ma me
who does not desire tn be called By any name at
oil. de conld not De compelled to come here; be
ing member Of the Mexican legation, the pro
cess Of the court could not reach him He must
have come here by the consent of the Mexican
minister; and, on toe application of the counsel
a
witness for The United States.
MIR. CARLISLE. No, sir; he came here TO testify
20 the signature of Senior de la Rosss.
Mr. FEspaLL. Well, he might have come here
for that purpose hrst, but was brought here for
other purposes Afterwards
Mr.. CARLISLE. Not until your cross .examina-
ton had rendered il necessary.
Mr.. FrsDALt- Some days intervene, and all
these proceedings published in the newspa
pers, and ace Mr.. Huici here again. The Mex
lean minister knew that; he knew what he vas
doing; be knew that he wss giving testimony to
break down an important and principal witness
for The United States, and yet be does not wave
his hnser to prevent him. Does that show tina,
the Mexican government has acted a conspira
tor against the defendant1 Surely not But
gentlemen, if they had shown any conspi-
racy between Mexico and the Government
Of the United States against this man, I am
sure IL must be source of great eradication
to you TO see that that most unhoIy alliance was
defeated. Notwithstanding the great power of
these two great Governments, they failed in one
most important object Although Francisco Fer
nsndeZ has Issued this order TO prevent the defend
ant from obtaining bis testimony, the scheme
entirely abortive. Ons man was too str ing for
these two great Governments, David beat two
Goiiahs. He not only entered tas department de-
spite this order bat be also went to the Mines and
his witnesses also; and they tell that they
brought away ores from them testimonies and
trophies We have seen, therefore, that the object
Of the Senats committee in seeking to ercud.
MIN from this country 80 as to prevent him from
compile ting hs testimony for his defence, abor-
tive In spite Of this malicious eopspiracy. So
much, then, for the conspiracy.
shall dispose Of the other preliminary topics as
briefly a. can.
The next one an act of great oppression, which
occurred last summer, in requiring the counsel
Tor the defence TO take testimony in Alexandria
Permit me, gentlemen, to give you a little history
OF that matter. have frequently desired to do 90
IN the progress Of this trial, but it Seems haze
never been in order when | have attempted IT,
he fact inf
The hrst great object of the prosec uiion was To
orlng the alleged criminal to justice; the next q
subordinate, but nevertheless important DUR
pose, was to get back "a much of the public money
as possible which this defendant took from tbe
public treasury. With that view an iniunction
was laid upon bs funds here a nd also unon tboss
Wnicn ne mad In New York. The witnesses had
come Oh mere 10 testify IN this very case of false
swearing, and the counsel for the defendant OBJ.
tanned continuance OF that case, IA they did in
the case OF forgery, and the witnesses had to GO
back again This vas in the month of August
and the criminal case was TO commence on the first
Monday in December. There was the testimony
Of some six or eight witnesses to be taken in the
two suiIs-aepostions which were to be used 10
the chancery suits. All ths to be done in
time 20 enable the witnesses 10 20 back to Mexico
and return TO give evidence the jury trial
nese depositions we're taken under the provisions
Of an act OF Congress. The criminal court had
1ust closed It's session. and il thought be i'm
pvsing too much upon the Judge OF that court 10
ask him 10 attend 20 that duty. Nexe>to him. the
only authority in Washin gton before whom these
depositions could be taken the mayor Of the
eligible two other judges being sbsent. The
mayor applied TO, and he agreed to take
theo; but he found that from the engagements
which his Office of mayor deyov. d upon him.
be was unable 10 devote the time necessary 10
complete them Some days be could not attend
10 it at all, and 90 others not than Tor IN
hour or tvo. The examination and crossexam-
inatiou OF one witness alone occupied, | think
nearly three weeks have here what gentlemen
may read II they cboose-the why IL was
necessary TO change the place os taking these de-
positions The mayor could not DO IL and il was
necessary that il should be done by some body else
The judge Of the criminal court declined to take
them on other grounds-tbose of delicacy pre-
sumo, as there was an indictment gaiDst he de-
PENDANT to te tried before hial--and the mayor Of
Alexandria was the only party next who could
take them, Georgetown not being city [Mr.
j. proceeded to read from pa per a statement of
the reasons in regard to taking dispositions in
Alexandra, which was more in detail of what il
given above in substance
Mr. BRADLEY What are you reading from, Mr.
Fendalp
Mr.. FESDALL. From my own statement
Mr.. BRADLEY. Your own statemen3 When
was II made' What ia it aboutp
Mr.. FENDArt. 1t 10 part of my speech
MIR. BaADLEV. Oh, if it il part Of your speech
/ rave nothing to say.
Mr. FESDALL have right to read my speech