The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-05-13

xsl river. and lis junction with the Ayula river
Mr. BAAoLEY think thai The evidence IS clearly IN
The Court The witnesses OF the defence say that
they travelled from Lagunlas due south he question
now is whether the evidence u IS proposed 10 give by
the witness the stand conlfadcls mat gwen by your
Witnesses The prosecution conhne itself TO the
localities Of the defence, nearly 10 those localities
The Argument whether the Tound,abo way OF getting
al the junction OF two rivers stretches the distance or not
Mr. Bradley, 10 witnessl What is abozt the course
from Lagunillas 10 Arroyo Seeo
Ans By the north and south line on me Coast Survey
protection south 90 degrees west. | think that il is
about % miles from Lagunillas TO Arroyo Seco.
Mr. BRADLEY then read the following exceptions 10 the
ruling OF the court;
On the further trial OF this cause, the United States
by way of rebutting evidence, offer TO show by wit
who has been heretofore examined In this cause
that he left Lagunlllas IN December last and went from
there Arroyo Seco, in The State OF Queretaro, about
south 60 deg west four live leagues and did not
any running water thence he went nearly south 10 La
Florida, about twenty-five miles; that the route 10
Florida he crossed The first considerable stream al dis
lance OF eight miles from Arroyo Seco that The
said stream called The Cauzal and al The place he
crossed IT, II southeast but al short distance below
turned and TO the northeast and stated that they Of
iered This evidence for the purpose OF showing that the
streams which Abbott and Slocum, witnesses 10 the de-
PENDANT, had sworn together and there united five
miles OF Lagunas, III the Stale OF San Luis Potosl,
not in fact at their said junction within twenty five miles
OF The village OF Lagunas, and IN TACT in the State
of Queretaro. To all which offered evidence EVIL
dence for said purpose in this cause defendant objects
and further shows that the witness IN his
alton in chief had stated the same facts, and the court
overruled
MIR. May Did you see the Carrzal rver'
| Ans When we Were bali way up the mountain, we
had good view OF The Cafrizal rver and also OF little
| stream.
| Cues Could you see the ranges of mountains on
either side OF that river!
4 Ans Yes sir. The river seemed to have cut its way
| through the mountains
Mr. Bradley This same question put 10 the wit
ness in the examination in chief.
evidence
given before. II that be done, we never Will get through
| Mr. May. have not asked the question before
Ans Yes. sir 1t ran soulheaserly, and as marked
on The Coast Survey projection;
siderable distance
! Ans Yes, sir
Cues. You proceeded 10 La Florida and rested night
there where was your mex. resting place.
| Ans. Ell Durasno.
| The Court That is not within the ruling of the
| court.
Mr. May We think that it is, by connecting ii with
the testimony of other witnesses. Suppose we show
that the visited by Abbott and Slocum those OF
Jalpan can not prove that they al greater dis
lance from Lagunlas than they said they were Are
bound by their testimony as to their estimate Of a's-
4 tances'
/ The Court You can contradict that testimony.
/ Mr.. May We wan, to do II in regard to Their est
mate OF distances We want TO show by witnesses that
where they say the distance is five il is fory-hv miles
/ The Court. You can show that there are no mines
where these gentlemen say there mines That is all
tina, is rebut,ng evidence.
/ Captain Hunter recalled.
Mr.. May Did you the mining title IN the ONCE OF
the alcalde at Lagunias!
Ans saw paper there purporting to be such.
Cues. Describe 10 the jury the mining title relating to
1 the traverser.
1 Ans There was a document there composed of two
papers One dark and the other light. The dark
/ paper embraced the light-coored paper There was
rent or tear one of the leaves OF the dark color
ed paper. The white coored paper was between the
dark one, and the the dark cooed paper, when
compared them, fitted each other precisey that is to
say became fully convinced that the rent in the paper
that went before the mining title, and in the one that
followed 1t, were made AT one and the same time
Here the witness explained that by doubling the min
ing title ght-colored paper under, he bad compared
the rent in the preceding paper with the one IN The paper
which followed the ie and found them TO correspond
Mr. Carlisle understand you 10 say that there were
number OF different files or documents sewed together
Ans There small document pertaining 10 the
same subject.
| Cues Do you mean tina, the portions of the
documen, pertaining 10 the same matter each side Of
/ the title were torn
| Ans. think
Mr. May. Did you read the documents
Ans No sir.
/ Ques. Who were they read by!
Ans. Captain Doubleday and Mr.. Partridge. | think
they read them through. saw the signatures that were
on the clean white paper. made little note OF these
facts al the time, which now have with me. II DESIRED
Mir May You cannot read H. You only use it
to refresh your memory.
/ Ans. It's pretty nearly the same as what nave
stated IL made at the time was there,
Cues Did you notice the inequality OF the stains on
/ the paper
| Ans. The outer papers were stained. I'LL
] Mr.. Bradley You may read the memorandum, u II
! be composed Of facts II the gentlemen on the other
eide know there anything OF opinion 10 il, you cannot
read il. Is there anything OF opinion in il I
/ Ans Yes sir there is.
4 CUES You canno, say anything about your opinion
Ans That is the why do not care TO read It,
| Mr.. May You have spoken Of some papers on either
side OF the mining title being dark -colored papers do
understand you to say that those dark coored papers
part OF the mining title or that they related to other
matters
Ans | did not read the documents through. and do
OF know whether they related other matters not
! Cues. Have you visited Arroyo Seco
Ans have.
/ Ques What is the distance from LsguniIlas TO Ar.
royo Seoo
Ans | took note at the time tina, twas a little over
four leagues.
Mr. Bradley. Is this within the ruling of the court
The Court. The witness may speak of great natural
Objects and where they tie can say how tar IL
is IRON Lagunlas, so far az he travelled himself
MIR May. What course did you take from Lagunilas
TO Arroyo Seco
Ans think that we travelled little over six miles
nearly due south then inclined perhaps two onts TO
The west-but cannot be positive about tha-until we
reached Arroyo Seco making the balance OF the distance
of little two leagues and half southwest lhe
whole distance from Lagunlas to Arroyo Seco noted
at The time TO be over four leagues.
Cues. Did you meet with any running water IN your
journey from Lagunes to Arroyo Seco
/ Ans. No, cir.
4 Cues Where wa. the first river that you met
Ans We met a river about three and a bali or Tour
leagues from Arroyo Seco between three and Tour o'clock
in the afternoon Of our days travel We estimated the
II II A.