The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-01-17

which he was informed by experienced lawyers
there were the only laws on the subject of mining
which had been published in the State OF Queetaro
ro@ the year 1912 when the general government passed
law calling the State governments TO re-esabsh
the mining Ibunals) TO the present time that he bad
quesled those lawyers TO refer hin TO some practical
cases. that be might see II the practice in the Stale OF
Queetaro differed from that which he had in the
State OF San Luis Poos that they exhibited TO him two
three as all that had occurred within twenty
FIVE thirty years that in one of then he the
ord OF suit between one Vegara and an Eneishman |;
that be had applied to the proper authorities in Querearo
for OF examining all the laws, and Tor all the in
formation they could give, the subject that he had
applied 10 the governor and through the secretary had
free to the archives in The office OF mines and
that he had examined the same.
Mr. Bradley objected, this evidence, 10 the compe-
tency OF the witness 10 testify as expert in answer 10
the question put on the part OF the United States. The
point argued by Mr. Bradley in support OF his obiec
ton; by Mr. Fendall IN answer; and by Mr. Carlisle IN
reply In the of the discussion The OF DE
Bode. Adolph. Ell 243, N s., and OF the Sussex
peerage. II Clark Fin, li9. were cited.
BY the Court--Ihe witness is a Mexican lawyer and
Judge. The exempllhed copies which he has brought
with him OF certain laws OF the State OF Qaeretaro are.
OF course evidence He cannot say what lawyers of that
State told him, but he may give in evidence any know.
edge OF the laws OF Queetaro which he has acquired
by means OF his experience lawyer and Judge.
The United States then offered in evidence the copies
OF the laws OF the State OF Querearo, produced BY the
witness. viz Decree OF the State OF Quereafo, No. rs,
dated 9th December, Sl9 for the protection OF mining
business within the State. g. Decree &c, No. 70, dated
Cadarey,a for all the mining business in the State OF
Queretaro. Decree. &C., No 1l6. dated goth Novem
Der. 1884, at The city OF Queelaro establishing an ohce
Tor the announcement OF mines A. Decree OF the govern
or OF the State OF Queretaro Gin virtue OF powers con-
tered by the decree of the State OF Queetaro, Of 9th
December. ls49) establishing mining depataton IN
the city OF QueIetar0.
Judge Aguar, in his further examination stated that
the mining ordinances OF Mexico were in force in Que
rearo with such alterations were found necessary IN
the changes OF the constitutional code Of the country
that mines denounced, acquired. and h,gated there
according to the mining ordinances that be does not
Know frop ms practice what particular n n
mining matters al different perods that the constitution
Of Querearo OF the yea 1896 Qhe year when the mining
populations were suppressed provided that The ordinary
Judges OF the Stale should exercise jurisdiction ia mining
matters that the town OF Aalpan the capital oil the
district of Xapan in the State OF Querelaro and that
there was Judge OF the first instance at the town Of
Xalpan
On cross examination the witness stated that in crim-
nal cases process is frequently sent from one jurisdiction
in Mexico to another that he had several times seen
process in cases OF escape OF criminals which had
been sent from the jurisdiction OF Xapan recollects par
culay one referring TO the arrest of two boys OF sixteen
years of who had assassnaed Antonio Gonzales IN
the year 1850 but does not know exactly from what time
ne hrs saw process emana,ng from the jurisdiction OF
hapan The jurisdiction OF the judges OF first instance
is civil as well u criminal.
The examination Of Mr. Bowes was resumed. The
witness produced copy which he had obtained OF the law
OF Queretaro Of 4th March, 1852 Mr. Bowes stated that
The object OF his late visit TO Querearo, under instructions
Tor all relating TO mines, and TO get copies oil
any documents which he might find relating to the mines
OF Trinidad San Jose and Dolores, claimed by the de.
PENDANT; 10 ascertain what jurisdiction they were IN,
who the owners oil them were, and all about them |;
that in the city OF Mexico the minister OF the
United States. General Gadsden, went with him to the
Minister OF Foreign Affairs, who gave him an Official
letter TO the governor of the State OF Queetaro that on
arriving at the city of Querearo the witness delivered
thus letter to the governor. who gave MIN oncai letters
to the pre!ecls OF Cadereyta and Aalpan, districts OF The
said department OF Qneetaro that on arriving at Cadar-
eya he called The prefec! OF that place and dev-
cred the letter addressed 10 HIM that The project
went with the witness 10 the mining tribunal, and ex-
planned that the object OF the visit TO examine NIL
ming documents. and obtain copies OF any relating TO the
mines OF Trinidad San Jose, and Dolores, and directed
Mr.. b. TO present petition IN writing 10 the HbuDai
that be there obtained copies OF certain documents thai
went from Cadareyia Xspan, distance of about
As leagues, and arrived al Aspan after travel OF four
project OF Xapan aud exhibited the letter Addressed 10
him that the project went with witness 10 The Office OF
the first acade, Judge OF first instance; that the let
shown TO the alcalde that the wiiaess exam.
ned the archives and all the documents he could find
relating TO mines that ne found announcement in
the name OF George A. Gardiner; and iha, he found
there document of which he exhibited an exemplihed
copy marked Nod The witness testified that this copy
had also been compared by him with the original, and
found to be coTec and that he was directed BY The
project to address petition 10 him for the copies which
the witness desired saying that he would sead TO the
court OF hTst instance.
The counsel for the United States now offered this
Mr.. Fendall stated the object OF the offer The de-
fendan, had claimed before the board OF commissioners
under the treaty OF Guadalupe Hidalgo, damages for his
alleged expulsion from certain 10 the State OF San
Luis Poos and Tor the destruction OF those mines The
OF those mines he stated 10 be Trinidad, San jose
and Dolores. In support OF the memorial which he
and presented 10 the board be also presented
mining title. pupotling TO have from the office OF
tie project OF RIO Verde in the State OF San Luis
Poos On this trial, which IL an indictment Tor false
swearing the memorial the United States offered evil
dence tending prove that the Rio Verde mining title is
forgery, and the court allowed that evidence 10 80 TO
the Jury showing the snt with which the oath
taken Ga the former trial OF this same indictment the
defendant Offered in evidence another mining title pur
porting to be copy OF an original on bic IN the Office Of
alcalde in Lagunillas in the State OF San Luis
Potos This Laganas title locates and describes the
San jose, and Dolores The defendant also, on the
former trial, examined Witnesses to prove that these
Mines 40 located and described, the mines de-
scribed IN his memorial and were his mines The Uni-
led States, this trial, have gwen evidence tending 10
prove that these mines OF Trinidad, San Jose, and
they are The State of Queretao and that the defendant
never did own, possess. or work them, They
propose 10 follow up this evidence by showing who
and were the true owners, possessors, and workers
OF Trinidad, one oil these same mines The document
nos offered in evidence is exsmphed and sworn copy
OF denounce OF the Trinidad mine, made in the year
is45 by Jose Mara Martinez, Antonio Martinez, and
Francisco Rendon before the couri oil first instance IN the
district OF Xalpan in the State OF Querearo where the
mine Of Trinidad IL situate, which court then and
there the appropriate tribunal THIS document will
show that IN February. isd6, possession given to
the denouncers at xapan the proper place, OF the same
mine Urinidad) which The defendant claims To have de-
nonnced IN ls4 In another State having jurisdiction
over the auh,eot and which he that he owned
possessed. and worked I'LL October lsi6. This docu-