The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-01-14

n IL IL ~ 1NlO1N .
II would have been WELL il seems TO me- 10 have added,
as the fact was that said had not il since (havng
in the course OF my argument referred TOT Tor few
J. M. CARLISLE.
1854.
Test: j. A. SMITH, Clerk.
JNo. A. SMITH. Clerk.
Mr. Bradley remarked that be declined making adj
davit unless the cou should deem il necessary fitting
for hun TO do So He proceeded 10 make oral state
ment, the OF which he said that when Mr. Car
Isle, after commenting on The missing document. threw
il down the table. he (Mr 3D. took il up. examined
particular part OF il, and then passed II towards the
counsel for the government. He also stated that Mr..
Carlisle. after finishing his Argument lett the court on
urgent business about two hours before It's adjournment
that the defendant remained took notes OF Mr. Fendalls
argument, and left the courtroom before MIR b, did,
taking with him Mr.. CarIise's notes and papers.
Mr. Fenda remarked the vagueness OF the phrase,
passed the paper towards the counsel for the gov
erhment and requested Mr. Bradley 10 indicate what
way the paper had been passed.and any accompanying
circumstances which be could recolect His own aten-
ton directed TO noting the points made by Mr.. Carl
Tale, whom he was 10 answer but u 1t had been IN any
way called tothe passing Of the paper is wholly i'm
possible that he should not have noticed IT, The docu-
ment had, from time to time, for more than two years,
been under his chase and was, for obvious reasons
source OF constant anxiety 10 him. Feeling It's Importance
and lis peril he would not returning Tor the night,
trust il in his office, but took It with him TO his chamber
doubt being suggested by the Court whether the
missing document had ever been file among the
court papers. Mr. r. reminded the court that on The
former trial. before the prosecution had done using this
and other documents received from the State Department.
the defendants counsel had moved that the District At
toney should be required TO file them with the clerk
that the District Attorney then objected that they could
not legally be placed among the permanent records OF the
court the of Congress OF ID March, ls49, for
carrying into effect the treaty with Mexico, expressly
provided that the close OF the commission they should
be deposited in the Department OF State that they had
accordingly been there deposited and were Withdrawn
merely Tor the purposes OF the pending trial and that
the court ordered that after the counsel for the United
States should have had reasonable time for making
such uss oil them they might deem necessary, they
should file the documents in for the inspection Of
the defendants counsel and that after the con-
cuded The papers should be returned to the Department
OF State Accordingly, the documents fled in court
temporarily and have been SINCE like other courtpapefs,
taken OUT BY Counsel ON the responsibility OF tho saer
MIR. Fendall read the following additional affidavit
affidavit, Of Mr.. }. M. fright
Appears in open court James M. Wright, and makes
oath that Friday last, just as the court adjourned,
Mr.. Fendall informed me that an important paper was
missing, and requested me to call Mr.. Bradley back,
who his way to his Office, that he might examine
his papers il the missing paper was among his
bundle. found Mr.. Bradley on the way TO his office,
and Dr. George A. Gardiner was just ahead OF him on
the street, and had large bundle of papers under his
arm He had jus, left the courtroom MIR Bradley re-
turned to the courthouse. and DR.. Gardiner went ON
his way. }. M WRIGHT.
Sworn to in open court by M. Wright, this 9th day
OF January, 1854.
JNo. A. SMITH, Clerk
The Cour, made the following order:
Di.sriet Of Columbia County Of Washington, Criminal
Court, December Term. 1853
United States Us. George A. Gardner-Indctment for
False Swearing.
Mr. May, OF counsel for the United States, stated 10
the court this morning, that the original paper marked
No 2, the Rio Verde mining title, and five dispositions
accompanying il, had been lost and moved to file copy
of the said mining e with the signatures thereto IN fac
ik having copy OF the dispositions, IN lieu OF the
lost paper, and submitted six atdavts in support OF the
The court granted the motion, and ordered that the
said copy be placed in precisely the same circumstances
as 10 The filing the original occupied before lis loss
JNo. A. SMITH, Clerk.
January 9th, 1854.
The Jury here took recess On their return to
the following oral testimony was taken:
United States George A. Gardiner Evidence taken
in court. 4
Alfred Ray, uror-My recollection is that after Mr.
Carlisle had gone out Mr.. Fendail then addressing
the court. Mir Bradley seated right behind me, al
the end OF the Jury box The paper with back torn in
large paper, lying Just where that large paper Mr.
Toson, JUROR picked up, and moved as he wished 10
exchange with ne for wspaper was reading made
motion showing him did not want IT, he then threw
il (the mining tile in Spanish and dispositions beeve)
back. open, right where bundle Is lying. Traverser
sitting by engaged in writing, and appeared TO be
busly writing all The time | know the paper, having
seen dozen times. ID had been passed around 10 all
the Jurors before the having the paper
| in his hand while MIR. Carlisle speakDg-l think
before recess Mr. Carlisle picked it up and used it in
speak, after raverser had in his hand The last
saw of Il Thomas A. Tolson pitched il the table
Thomas A. FOLSOM juror had little recollection o!
this paper Friday. believe il had been used BY Mr.
Carlisle stated by MIR Ray, before the recess have
no recollection all OF taking the paper in my hand
Mr. Rag observed TO this morning. you had the paper
in your hand replied you are mistaken, and thought
he merely testing. Al recess To-day he came 10
again. and said be was very certain had had the paper
! ! said very certain ! bad not the paper in my
hand think if bad had the paper IN my hand il would
have made an impression on my mind lha, | would moi
have forgotten very easily He tried 10 refresh my
objection by mentioning the circumstance. may be mis-
taken, as Mr.. Ray is so positive about II | may have
had the paper in my band, and forgotten IT, have nc
4 further recollection about the paper
VIM. Camm1ck, lHror.--t recollect distinctly thai
when MIR Carlisle had done with the paper he laid
/ il down between where Mr. Carlisle and Mr. Bradley
now sitting. ! then remember distinctly seeing Mr.
Bradley use it and laying il down rather to his left
Tha, is the las, know OF the paper.
fore and lay down right in front where defend
ant sits Mr.. Bradley picked II up and read il, and laid
II down rather TO his left. Mr. Fendal was writing al
the time
John Murphy, juror-l recolleot MIR Carlisle holding
the paper in ono hand and ing it with the otbe and
throwing il down where those yellow papers lie In.
nft DxaI IL. ~. a H..