The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-04
3uE GARDlNDR CASE.
CRIMINAL COURT FOR THE DISTRICT OF
COLUMBIA.
[RHPoRrEp ron rHn RHPuBLIc.l
NINETEENTH DAY-Sa.srdas. Apri1 2:


NINETEENTH DAY-Satuydas, Apr" q.
The United States offered to prove y a., mr. S,s..
tsidgs-who had the original sea- 20
Department in San Lous Potosi a1 an :. ~
made there Of it. and imPfes ss IL ,sso>-th.t ths
.esls an the mining title, &C., we're torgeries.
The defence objected; and, after arguments by
all the counsel
,r,,.t ,ook TO general principles and rules. II
wonid IN become the court to impute corrupt mo-
t;ves TO any man connected In any way with the
evidence offered. have right to think that
any such motives exist. The principle which
the decision of yesterday was made embraces this
question. There ia undoubtedly q difference be.
tween the uniformity of signatures and that Of
seals, but the danger of connecting evidence when
the witness goes to qualify himself to testiiy ia "a
great in the one case AZ in the other. The know
ledge ia not derived from ordinary business trans
actions. Many persons must be able to testify tc
this seal from the same knowledge that Mr.. Ma.
varro possessed, DO was the STAND few days
ago, and they best qualified, if others at al
qualified, TO speak of the seal.
The offer is overruled.
Mr.. Partridge being recalled, said he was
quainted with Santiago Gomex-had him
sign his name to dispositions taken by the Senate
committee at Guadalcazar. Gomez was mer
chant in Guadalcazar-a Spanish subject.
Mr.. May said he was the same man whose de
position was fled by Doctor Gardiner with the
mining title.
Witness said he saw Gomez sign his name ones
or twice, but only on one occasion; be had but tn,
one interview with Gomez, which was at Guadal
cazar, when he signed the deposition before the
aIcalde which deposition was taken for the Senate
committee. All the original papers and books
filed by Gardner in support of his claim were
taken by the commission to Mexico, and all the
witnesses whose aftldavits were attached thereto
inquired for. The deposition of Santiago
Gomez (hled with the mining title) was shown
to this man, Gomez, who was the only person Of
that name of whom VIC could hear
,,r oftrro nj IA Fin
Gomez to the mining title was genuine or not.
The defence objected to the testimony, and the
objection was argued.
rHE CoUsr, latter repeating the evidence
When theevidence first offered thought the
objection was ra Their TO the order In which 1t was
presented than to the matter itself. 1t appears to
the court that this sgnature--or these signatures,
supposing there were two-to deposition taken in
relation TO the same subject matter, although not
in the case taken to prove the falsity OF paper,
subject, as sources OF knowledge, to all the
objection which the court thought existed against
the signatures, obtained for the express purpose OF
giving knowledge to the witness. Santiago Co.
mez was shown the original deposition, or paper,
the United States seek to disparage. He was asked
if the name to it was his signature, he said, No.
His deposition was taken to that effect, and the
signature he makes to it is the only means of
knowing il the witness possesses, unless he may
have signed a citation accompanying the deposi
ton. This though be was not told In terms to Sign
his name, that the witness ght swear to- 1t, places
him in circumstances of greatest temptation to
vary it than if he had been 30 asked The deposi
ton cannot, every lawyer knows, be evidence; but
the effect is precisely the same II the witness, hav
ing seen him sign his name to denial of his sig
nature, can be permitted TO testify to the truth Of
that denial, for that is the substance OF the tes
mony offered. think it must be overru!ed.
Witness asked If be thought Captain Barry
could speak Spanish sufficiently well to be under
stood, and understand, in conversations with PEG
pie in Mexico
The question objected to, and after argu.
ment allowed
Witness thought Captain Barry could converse
in Spanish sufficiently we'll to be understood
Commander Stephen Ro,can, United States Navy
testified to having seen DR.. Gardiner In the month
of May or jun, 1916, in the port OF Mazatlan, on
the Pacific; made his acquaintance and frequently
rode out with him; understood from Gardiner that
he was exploring the country in search Of mines;
have no doubt but that the person in court ia the
same person; thinks there was defect or some
thing peculiar about one OF his eyes; thinks be
noticed this when he shw him in Mazatlan. Have
seen DR.. Gardiner several times in Washington.
The court then adjourned