Weekly national intelligencer., 1854-01-14

mining title so often referred in the course of thisral
we reraned at the request Of counsel from giving theu
publicity until every Of recovery should have been
exhausted No trace whatever Of the paper having been
found the gentlemen engaged for the prosecution yester
day morning brought the matter before the attention Of
the Court.
Mr. May stated that the Court had been informed on
Saturday that most important paper which had been
furnished the prosecution from the files Of the Depart
of State paper record the files Of the Depart
ment, had been missed. This paper is known as the
mining title The paper was still missing, although
every exerion had been made recover He felt it to
be his duty apprze the Court Of the fact in order to
base thereon motion, which was to oner rae simie
copy Of it substitute Not only the mining title
lost but the Indictment also, and could not be found
counsel for the defence had however, consented to
accept certified copy Of the indictment In place Of the
original.
Mr. MAY said that though copy Of the mining titls
may for the jury In the preset he be-
eved the original paper indispensaois for the chAncery
case well for proceedings before the Senate
the United States Fortunately the prosecution had
previously taken exact copy Of the mining title and
fac smile of the signatures and SEAL but there Eve
copy Of The prosecution felt due to themselves to
explain the circumstances for the information OF the Gov
ernment, and to acquit themselves from blame. This
they did in several statements duly sworn to in open
Court
These statements were by Messrs. FESDALL, REDIs,
KEY MAY, and GusTAvus A. CLARKE
1t appears that Friday last whilst Mr. CARLISLE Zone
Of the counsel for the defendan addressing argu
ment to the Court in support Of objection receiving
certain testimony, he called for the mining title for
the purpose Of remark upon it, which accordingly
handed to him by the counsel for the prosecution Mr.
FENDALI,) who has never seen it since. During Mr.
CARLsLEs speech Mr.. +. earnestly engaged in TAX
ing notes for reply Very soon after Mr. CARLISLE had
concluded he left the court room Mr. FENpALL speaking
Mr. BRADLEY 1.-THE other counsel for the defence followed
Mr.. Fendall in close, and the Court adjourned.
According to habit whilst upon this trial. Mr. Fendal,
assisted BY WN REDS, ESQ., (retained by the Govern
ment in the chancery sut proceeded to collect the pa
about the counses table, and found that the
mining title was missing. He Immediately dispatched
Mr.. James NJ. Wright to follow Mr.. Bradley (Who had
just left the court room and ask him If by inadvertence
he had placed the mining title amongst his papers Mr.
Bradley had got beyond the steps the poico when
Mr.. Wright stopped him. Mr. Bradley returned and ex-
aminng that portion Of his papers which had been OPEN
ed during the day, found nothing Of the document in
question. messenger Gustavus A. Clarke, was next
Immediately dispatched to the residence Of Mr. Carlsle
but found him not at home. Between and o'clock
Mr. Fendall addressed note to Mr. Carlisle, which
delivered to him at dinner which resulted in interview
between Messrs Fendall and May and Messrs Bradley
and Carlisle when the circumstances recounted and
the suspicion ntmated BY the former gentleman that the
paper had been abstraced by the defendant in the case
Dr. Gardiner Messrs. Bradley and Carlisle disclaimed
belief that their client could would knowingly commit
act of the kind and promised to see him upon the
subject.
After the aidavts had been read Mr.. May commented
the facts they supplied and urged motion that the
Court accept substitute for the mining titles fac
sime he had in his hand which, however, deficient
Of the five dispositions and the seal of the prefecture
Mr. MAY entered into course of reasoning to show
that the paper taken by somebody by design, and
that the party taking not Of the counsel for
Mr. Carlisle had left his notes in court and Mr. Bradeys
examination of his papers resulted in finding the mining
title not to be among them.
Mr.. CARLISLE also offered to the Court state
ment of what he knew Of the circumstances 1t is not
necessary give these further than to state that the adj
dona points made that Mr. Carlisle left the court
about two hours before the adjournment Of court to
professional business at the west end Of
the city; that he left Dr. Gardiner take notes of Mr.
Fendas argument, (Which Gardiner did with minuteness
and ability !; that after he Mr. c. had used the mining
title in his speech he handed it Mr. Bradley who passed
towards the counsel for the prosecution Mr. Carlisle
in the Of his statement, alleged the dhppearance
of the paper be great disadvantage his CLIENT and
lift to the prosecution.
Mr. BRADLEY made verbal unsworn statement to the
Court of the facts within his knowledge, in which he
related the circumstances of calling at DR.. Gardeners
lodgings Friday evening in company with Mr. Carlisle,
when Dr. Gardiner dscamed all knowledge of the where
abous of the paper and authorized his counsel to make
any arrangements by way of supplying its place in the
trial they might deem due to the investigation Of the case
Mr. FESDALL requested Mr.. Bradley to recollect if
possible all the circumstances connected with his pas
sage of the mining title to the counsel for the prosecution,
and remarked that such had been for two years and
half his care for that document that he had taken
the precauton to keep at home in his sleeping
It was not therefore probable if had been passed to
him. that he would have failed to take immediate posses
sion off
An affidavit of Mr. James NJ. Wright was then offered
by Mr. May, the effect that when Mr. Bradley return
ed on Friday evening the steps of the porco
anime his papers, Dr. Gardiner was walking some distance
in advance Of him with several bundles OF papers under
his arm
The CoURr remarked that he knew but SINH
lar to this and it to be found in 4h Cranchs Re-
ports where pending the trial Of for forgery the
forged distracted from the custody Of the pro-
secuion The secondary evidence admitted and the
man ultimately convicted
The Jury then took the usual recess.
After the recess several Of the jurors deposed to cir
within their knowledge touching the mining
title about the time last Mr.. Ray after Mr. Car
Isle left the court room saw another juror Mr Toson
take up the mining title and look ati This however,
Mr Toson deposed he did not remember Other jurors
Mr.. Bradley place the mining title, stage Of
the proceedings little to his left towards the end OF
the table occupied by the prosecution whilst Mr. House
it last upon pile yellow papers between Messrs.
Bradley and Carlisle. These yellow papers (Mr. Car
isles books of notes with yellow cover taken out
Of court that evening by DR.. Gardiner
After tho conclusion of this bushes, the examination
Of Major Mordecai commenced and continued to the
adjournment.
The CouRr remarked yesterday that was the first day
Of the fifth week of the trial. and yet they were only
on the threshold J.:
THE GREAT REPUBLIc.-The damage by the burning
Of this noble vessel is considerably less than was at first
supposed. She got afoat Tuesday morning This
was accomplished by building temporary stern (that
part of the vessel having been burnt away and encos
ing the whole after part Of the hull which was deepest in
the water with canvass to stop the leaks. Five steam
pumps then put aboard and the twelve feet Of wa
her exhausted at the rate of foot per hour
Only about third Of the cargo touched by fire.