The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-06-03

hsss Is,rs did occurl and II they did not occur, he
ennId moi possibly be in doubt about the matter. Why,
Gentlemen am certain when The witness, in answer 10
suestons which were put 10 bun Ia regard 10 the hand
writing OF these letters replied in substance that he
whether they usrs in hls hand wning not and al
Ter the portions allowed to be given in evidence by the
court had been read to YOU you must have set him down
at once witness wholly destitute OF truth.
Mr. BRADLEY. ] do not know whether have any
night 10 oblect bat do not think the gentleman has any
right to refer 10 the contents OF any letters which The
court has said were not In evidence
The DIsTRicr ATTORNEY. You will see, think that
have preserved The distinction, The opinion OF The
court is as follows:
1.-The letter OF The 18th oil September is collateral and
cannot be read"
[Here Mr. Kendall read from The opinion of The court
showing what letters and parts OF letters had been admit
The COURT | do not think the District Attorney de-
sires to speak OF anything but what is 10 evidence
The DISTRICT ATTORNEY. VIVA, The court allowed
10 before you, gentlemen. is this That the witness
writes letters showing that he does know Whsrs has
brothers mines are-does not know hog fur they are from
Rio Verde. or how far from Lagunillas lie had sworn
upon the stand that he had been at those mines tbree
times He had sworn that he had no interest ~ INC Sc
mines and no interest in this claim; but he had be-
fore written. asserting such interest
The CoURT One letter admitted on that ground
The DIsTRIcr ATTORNEY. ] therefore say, when he
had an opportunity OF reading these letters and aseef-
tanning that they referred to matter so interesting TO nm
as a witness, he placed IN most critical condition,
and could not fail 10 remember whether he had
ever written them or not. He writes :" / have al
ready told you that my brother has in his opa name a
great business composed oil many Others that we The and
y have bought between us. These when lett were
about to be decided upon, and now doubtless the sum
(mone for which they have passed has been honored
Mr. BRADLEY That Is not what you read before.
The DISTRICT ATTORNEY. can read but one thing
at time. | have right TO refer TO the character OF
the letters shown 10 the witness prove that # be were
truthful witness, he could not have possibly forgot-
ten whether he wrote them or not
Mr. BRADLEY. That is not evidence to the jury.
The DISTRICT ATTORNEY. Certainly il Is The let,
tara hava II hpan n RI.
its opinion referred to them and allowed certain passages
10 be read
should be read in evidence You ought TO conhne your.
selves to what was read
Mr.. BRADLEY. The reports in the papers do not cor.
respond in regard what admitted in evidence and
ask the court to settle the question.
The DISTRICT ATTORNEY. The court Will recoliect
that when it reading the opinion, passages
gested which would come in under the prlncpe 81 that
The CouRr The court recolecs tina, 10 be the case.
think that No. wac admitted on the same footing
and the passage in L. t. No II Tell me the exact po-
son OF my brothers. mines; = and the passage in the
letter OF the Sh of May, 1851, marked L. No 4. from
the words '.my brother and have bought claim, "
dow to the word +" named"
The DIsTRIcr ATroRsEY Well, | have not read so
much that; but, without these additions, have read
eAough to show you gentlemen The interesting character
of thes. letters aud the critical position in which they
placed the witness They appeal AT TO his knowi-
edge and consciousness that he in the position Of av
ing takcu false oath-hat he bad sworn here before
here letter alleged the part OF the government
TO be in his Handwriting, and proved 10 be SO, in which
he coniesses ignorance OF the situation oil these mines,
and their distances from Rio Verde and LagunIas. lie
he had interest in the claim but there is let
ter here, proved be in his handwriting, 10 which he
nounces himself as The coparner win his brother In
"a great business"-hat is, THIS claim. | say, then,
gentlemen, that the character OF these letters is such
that if. be had been truthful witness. he would
not have given The which he has 10 the inter
rogatory whether those letters written by HIM OF
not-that he world not merely say that II " looked
like his handwriting, but he could not be positive thai
il was" He is undoubtedly an asute Witness and he
had heard enough in this trial TO know the advantageous
position of witness neither admitting nor denying the
subject of which he was questioned. According to a
technical rule OF evidence II be neither admitted nor de-
MED verbal statements would have been impossible for
| The prosecution TO prove that he had made them. lie
looked the prospective advantage OF his neither admit
ting denying these letters but the court held the rule
as 10 ti to be different, and happened 10
be in the power OF the government 10 prove thai every
| of these letters IN his Handwriting He admitted thai
No. was in his handwriting. II one OF the same
family obtained at the time, from the same person
and by the person. We have proved every one oil
these letters 10 have been written by him. by the most IN
contesable testimony which offered IN court
OF Justice and beyond suspicion 10 its integrity We
proved them by the testimony OF Colonel Thomas, TO
whom this witness had stood the relation OF an inter
prefer sitting al the table with him, and ransa.ing
as he directed. from lhe Spanish 10 the English, from
the Eoglsh 10 the Spanish, through course OF many
months. He knew perfectly his handwriting, and be
proved TO you that every word and every line OF these
letters were in the handwriting OF this Witness John
Charles Gardiner Then, what the position in which
he stood connexion with the previous testimony in this
cause. He had sworn tina, on the 10Th of November,
1851 he had gone the office OF The alcade NJ Laxnni
las. and bad got the copy oil the mining title which was
produced 10 you One Of these very letters shows that
on hat VERY DAY he 100 miles or the least at the
city OF San LUIS Potosi--on the very day which he
bad sworn that he in the acades office al Lagunlas
There could be mistake abeu, that because be sad be
saw the alcalde sign this paper this 10th November
He was asked particularly, I" Did you see him sign pa.
per and il so, when and where }" He replied that ION
that day the alcalde sign the paper his office =
and certificate to the copy which he obtained bears date
of the 10Th Of Nopembr The dates OF the letters OF the
OH 10Th, and 18th OF November were allowed by the
city OF San Luis.
ITo BE Continued