The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-01-14
.andsva Of G. A. CLARK.

-.
- ''f' JNo. A. SMITH, Clerk
| -a6fdspu of G. H. Clark.
On this 9TH day OF January. 1884, personally appears
open court Gusiavus A. Clark, who being duly sworn,
avs that he is the messenger who has charge OF the
COURTROOM that yesterday upon the adjournment OF
the court MIR Fendall requested him to go 10 see Mi
CARLISLE and ask him il he had OF the papers which
had bee used in in the course OIL the day tai ne
went 10 Mr.. Carsle's house. and found he was nor az
rome that early this morning ne aae ios. m
varch Tor the paper the cou-foom but could not ma
Ia thai soon aer The adjournment OF the court yesterday
Inc court locked up by anant ana no one en-
eed the room again until he opened Il this morning and
Sworn 10 in open court, this 7h day OF January 1854
j. A. SMITH, Clerk
i''' WY JOHN A. SMITH, Clerk.
Mr%May then stated that 10 some extent the United
States were able to supply The loss Of the document.
Thsv have a COPY OF the Rio Verde mining lille, with
fac ,,ns OF The signatures purportng to authenticate IT,
III the five accompanying dispositions, they have got Is
beleved no copy, though they have sun me ransa-
ion al those deposons, as well as OF Inc mining uue
SaH which The defendant had presented TO the board
of commissioners a ,ho eon, ~ ,ha pio
Verde mining title, with The fac sunHts OF signatures 70
he GIed as a substitute for the original.
Mr.. Carlisle then read the following aihdav
affidavit Of Mr.. Carlisle.
CRIMINAL CoURT, December 2, 1853.
The learned gentlemen who represent the prosecution
in This case having thought it proper and becoming in
them to make their several aihdaviis 70 dscialm any
knowledge OF the paper which appears to be missing from
he budget am relieved in degree from difficulty
rhch should otherwise have felt in making any State
nent upon oath such an occasion is certainly the
uch thing the bar; and feel bound 10 say tnat
usd 10 The example, eminent as II 49, with some feeling
humiliation, and only because the voluntary tender Of
ahdavs the other side seems 10 impose on me the
In,v nj doing likewise. 4
On the day on which this paper seems to have been
msaid having important occasion 10 be elsewhere
had with the consent OF my colleague, to whom ex
uaned the exigency, left the coutroom aboutwo hours
before the usual time OF adjournment The court Will
remember that on its opening IN the morning, Mr. May
having at our request stated the ground which he
thought certain offered evidence admissible and having
used that paper in making the statement followed him.
and occupied the OF the court IN arguing the obec
lion with the inlemlssion OF The usual recess) I'LL about
two o'clock My colleague, Mr.. Bradley, was 10 reply
10 the arg ument on the part OF the government As my
engagement led 10 the west end OF the CITY, ana con-
seQueniy away from my residence and office, and as
expected at all events TO return before the adjournment.
left nv notes on the counsel table, and took with me
no PAPER whatever connected with the but request
ed Dr. Gardiner (who, the court will have remarked
y sits between my colleague and myself to take notes
Of the argument 10 my absence These notes. which
are very full, and have reason 10 believe accurate,
indicating close attention 10 the points and authorizes,
are now offered for the inspection OF the court.
When concluded my business at the west end, II was
already past the usual hour of adjournment And on my
return remembered TO have passed one OF the gentle,
men OF the jury (Mr Cammaek, Think on street
therefore did Rot 20 TO the courtroom. As was about
to sit down to dinner, at half-past five. received note
from MIR Fendall, requesting me to look among my pa
pers and see If had not inadvertently taken with them
lhe Rio Verde abstract mining title. as 1t has been
called went 10 the door and told the messenger Zone
of his sons) that had brought papers at all from the
courtroom, not my own notes. and that presumed
Mr. Bradley had taken charge OF all our papers. had
no idea thai the occasion Of Mr. Fendalrs writing TO me
was anything than the accidental Risplacing OF that
document among the of papers relating to The
which daily brought into and carried Out oil The court
by him or his colleagues
In the evening perhaps about o'clock, walked over
to the Office Of my friend and colleague, Mr.. Bradley.
Opposite TO Mr. Fendalps othce) TO learn what had
been the course OF the argument IN my absence, and
whether the point bad been decided While were
occupied in going over his notes OF Mr. FendaPs argu.
nent, and occasionally referring to book or two, |
received message from Mr.. May and Mr. Fendall re-
qussting the street to Mr. Fendalis office.
did 3d. and found that they had been at my house to
me- and also learned that MIR. Fendall had conversed
with Mr. Bradley 10 the afternoon about the paper. Mr..
Nav told me that he and Mr. FendaIi now satisfied
that the paper was gone. and that could not be
prised that, with the opinions they entertained OF my cir
snt they suspected, he said they did suspect tina, he
(Dr. Gardner) had distracted II. told him did not
and could moi, believe III that thought his in
better condition than had ever been before that IN this
opinion DR.. Gardiner went even further than we did
land, in fact, may add that on the same day, think
be had told that unless the for the government
should be materially changed, he was willing TO submit
himself TO the jury without adducng single witness 4
that saw. a. any one might The use which might be
made OF the disappearance OF the paper and fel, the az
vantage which that fact would give the owe
my client that regarded IT very great misfortune
to hum, and that IL they were fully satisfied, as not
that il was not among tier papers, thought II OF 81
much consequence to DR.. Gardiner that should go i'm
nediaiey in search OF MIN, though could not briDp
myself to believe that he knew anything about IT, They
assured that the most dlgent search had been made
for the paper After few moments spent in further
conversations lreturned 10 Mr. Bradeys Office and told
him what had occurred He laughed at the idea Of the
paper being really gone, and expressed confident belief
tia, would be found in other Of the great
bags OF the prosecutions bat he agreed TO accompany
me to Dr. GARDENERS lodgings We accordingly proceed
ed ihther discussing the matter and considering how
should open TO Dr. Gardiner the object Of our visit.
We did not find hin, at his lodgings. After continu
ing walk and looking 10 at WilIsrd's Hotel Tor him
We returned 10 his rooms and waited for him. lie soof
came IN II stated him hat had occurred and song
to impress his mind with the Importance 10 him and hi
defence that the paper should bo discovered r Brad
ley did the then felt, snd now feel upon maiur
reflection, that the disappearance CT the paper grea
misfortune 10 Dr. Gardiner and great ll 10 the prose
eulion
DR.. Gardiner said he could give us no clue TO The pa
per from the time had used II in The Argument in III,
morning He said tina, the last lime he had !.
He said he, remembered tba, held the paper ia on,
hand, and commenting upon date H. struck il seyera
times with the other hand. and threw il on The copnse
aole towards The seats occupied by The counsel for Ii,
soyernment This, which had not occurred to my mem
DRY before came vivIdly to my mind, with a rans
tory Impression made AT the time that handling til.
paper rather roughly. Mr. Bradley. also, at rscaic
" and said that he remembered that, not being satisfies
That had quoted the date correctly he had taken up tho
paper, examined H. and then passed il towards the coun
eel Tor the government.
, have no knowledge, remembrance, information, OF
Mn however remote of what became of the paper afle
MAJ lime. I never thought of II after left the cont
II sn1~ H. L..