Newspaper Page Text
The republic] ;" ID ITS D IT JOHN O. liSOKlT. PUBLISHED IT GIDEON <k CO. . S. OIDBOIT. A. T. ?UBjn.lY. TERMS OF THE DAILY AND TRI- WEEKLY. For the Doily paper, per annum, #10 00 For the Tri-weekly, " ? 00 , For threecopieeof the Tri-weekly, - - 16 00 TERMS OF THE WEEKLY. Single subscription, for one year, - - #2 00 Three copiee, for one year, 6 00 Seven copies, for one year, 10 00 8ixteen copiee, for one year, - 20 00 Twenty-five copies, for one year, - - - 25 00 No paper will be sent ontil the money is received. THE GARDINER CASE. CRIMINAL COURT FOR THE DISTRICT OF COLUMBIA. 1 [BBPOBTBD FOB THS BBPUBLIC.] i vt IU1 ii-* UUHin VA i ?rnaan, Jljnu o. Abtur DoubUday, twom. In answer to questions by .Mr Mat, the witness stated u foliowc I am a firat lieutenant of artillery; waa educated at Weat Point in the acience of engineering, which ia part of the courae of educa- | tion puraued there, and hare practiced aa a civil engineer for two or three year* before I went to Weat Point, and have practiced civil engineering aince I left Weat Point. I waa one of the commiseionera appointed by the Senate Committee on Mexican Claim* to go to Mexico. I visited San Luis Potosi with the rest of the commission. The commission went from San Luis Potosi toGuadal- | cazar; from there to Rio Verde; from Rio Verde i to Nuevo Camotes, and from Nuevo Camotea to Laguinill&s. I do not remember the distance from Rio Verde to Laguinillaa, but think it ia about twenty-four leagues. [A map wis here presented to witness.] I made that map. On examining it I think the distance from Rio Verde to Lagdlnlufts is about twenty-six or twenty-seven leagues. It may be a little more than tbat. This map is not made with reference to a scale of inches. A Mexican league is about two and a half American miles. I have been in Mexico with our army before I went on this commission. I have made experiments to test the accuracy or length of a Mexican league in comparison with an American mile. I find it to be made on a computation of thirty-two inches to the varros. The league is a fraction over two and a half American miles?between two and a half and two and three quarters. In making this map the sources of information to which I bad access were there. I obtained permission to inspect the maps in the War Department, in the National Palace of | Mexico, before I went to San Luis Potosi. I inspected all the map* they had there, and selected the latest one, ana, in fact, the only one I could , find in the State of San Luis Potosi. Q*ei. Was the War Department in Mexico the piace where the maps were deposited? I An*. I waa not referred to any other place. Did you copy tbat map of which you have < spoken? An*. I did; I traced it upon tracing paper, and | this is a copy made trom the copy which I took on I tracing-paper. Where there were errors I cor i reeled them. Mr. Bkadliy Was that copy made on tracing'- j paper made upon th - same scale? IViinttt. It is on a different scale. Mr. May. Did you get any other information? | Ant. I toot the course of the road as we went j along, and made estimations of the distances, and | corrected the map by my observations. tjuss. Did you find any other information? Am. 1 found in Queretaro that there was a map j of tnat State, from which I obtained the boundary of the State between it and San Luis Potoei. Quet. Has the map you got from Queretaro also been reduced to the scale of that map? Ant. It has. Quet. Did you consult any maps in the State of ( San Luis Potosi, or Rio Verde, or anywhere elaeJ Ant. No, I could find none in San Luis Potosi. I j consulted the maps in the possession of the Colonel of Engineers, Mariana de los Reyes, who was endeavoring to make a carriage-road, as I under- | stood it, from Tampico San Luis Potosi. He was then engaged as a public engineer of the State. I took the benefit of his maps, and saw that they ( agreed with the map of the Governor of Queretaro in relation to this boundary. I Qwt. I understand that you made observations i witn instruments you carried with you for the pur- ' pose of ascertaining the correctness of these maps which you took with you, and that you made cor- i rection where you found errors? Ant. I did Quet. I will ask you whether, according to these maps and the information you acquired there, the map which is now before you represents faithfully ^ the country, so far as you are acquainted with it? Am. Yes, sir. Quet. And the positions of places are correctly located ? Ant. They are, as corrected. Quet. I ask you, with respect to all these lines and boundaries, if it is a faithful representation of the location of the country? Ant. The boundary of Laguinillas is made from a law organizing the municipality from a description of the boundaries obtained in San Luis Potosi, and from my own observations. Did you find the north boundary stone? Ant. Yes, sir. Quet. Did you make any observation there? \ Ant. Yea, sir. Quet Did you find a boundary stone in the i soutn." Ans I did; there is & boundary stone at every g corner, I believe. ^ues. Did you find the descriptions which you g examined to coincide with the locations of these tones ? i An? Yea, sir, exactly. t^ues. Had you not a previous knowledge of i these boundary stones as they are used in Mexico? Arts. Ye-, sir; I had seen them before. fy*es. I see that mountain ranges are set down on the map as existing in Laguinillas? ?4ns. These are set down from my own observations. t^uss. I see that Arroyo Seco is set down as being in the State of Queretaro. Is it in that State? Ana. It is Quit. Can you say how far it is from the town of Laguinillas to the southern boundary of that district? An*. About five or six leagues. I think the longest distance is about seven leagues. After you pass that distance in any direction to the south. east, or southwest, do you go into the Stale of Queretaro? An*. Yes, sir. Que*. Do you remember the village of Penijuan? An*. I do. tyus. Is it located upon your map? .dn*. It is. t^ues I will ask you whether you made constant and repeated observations? An* Yes, sir. t^ues. Does that line describe correctly or not the tine that was travelled by the commissioners? An*. Yes, sir. Qru*. Will you describe the character of that i I 1- n in T .nnlnill.. lh. general face and character of the country? Ant. The road goes up and down a mountain. You cannot call it a road. It is a mere bridle path. It goes up some eery steep ascents, and down soma very steep declivities. The country is covered with very thick chapperal?trees about eight or ten feet high. something like large bushes, which are almost impenetrable. Quet. Is the character of the whole district of Laguiniltas mountainous, as you describe it? Ant. Yea, sir; very mountainous t^isss. I will ask you, as a matter of opinion, whether a steam-engine could be carried into that country? Ant No, sir. It would have to be dragged up the steep side of one mountain and let down the steep side of another mountain. There is nothing like a road that I saw. kfrut. How is transportation effected in that country? Ant. On mules and donkeys. tyiet. Did you see any wheeled vehicles there? Ana. I did not. (?uat. What is the position of Laguiniltas? Ant. It is in a sort of valley?that is, it is about half-way up a mountain;and on leavingityou have to descend into a valley. t^ises. Are there any plains around it? Ant. Ho plains of any sue. Quti. What is the character of the country in the vicinity of th? town of Laguiniiias? Ant It is surrounded by high mountains, which are wooded on the tops, ft is a ii in est one region. I taw people making time there. Mr. BiASttr. Where? Ant. Near Laguiniiias. tjurs. Did you notice aaa general thing the g*o logical character of the rocks of that country? Am. I did not particularly. <^u??. Did you not see the rocks as you rode over them on the road? Ant. Of course 1 did. Slutt. And the country appeared to you to be generally a limestone country? Ana. Itseetued to tue to be so. ITZ'iTo 7?u ,he oeyple iberet,yUU '**' *eneraJ int*?:a?iree with the j?u- I had. ?Mi. More especially i? th. dirtrict of Wui. nil 1m, and the country round it/ **?u? imm. Yee.nr; 1 conversed tiib .|mMt Wlr. pereon 1 saw there. ' ?Me. Did yo?i inquire after. or h.ar any thin, about, a aiming (own in Lag'uiaiUan' T it 1 tl . _ ; ' _ Vol. IV. Atu. I did not uk for mining towns. I inquired for mines. Mr. Fbrdall. Did you inquire for towna or lettlemaots of persons? Mr. Bradlby. He has just said that be did not. Mr. Fbmdala. No; be said be did not inquire For mining- towns. Mr. May. Did you locate every town or settlement wbicb you found in that country upon that map? diu Yes,sir. $m*s. I will ask you if ynu found any mine in ibat country? Atu. I did not. Ques. Not of any description? Am. Not of any description. Qm??. Did you look for mines' Ant. Tea, sir. Quti Generally, or not? Ant. I should correct myself when I say (hat I looked for them. 1 did not look for tnem, t>ut tried 10 find out whether there were any. Mr. Hbadliy. Yea; but that won't do. kVUnttt. I tried to find out where to look. Mr. Mat. Where did you try to find out where to look? Mr. Beadlby explained to the witness the rule laid down by the court in relation to inquiries about mines. Mr. Mat. What is the sixe of the district of Laguinillas? Ant. It is about ten leagues long by about six leagues broad. Qmss. Did the commissioners travel through its length? Ant. Yes, sir. Qutt. Did they visit any place, or any houses along their route? Ant. Yea, sir. Que*. Where? Ant They visited every place on or near the route?every settlement. Que*. How wasit with respect to houses? Ant. They visited every house along their route. Not every bouse in the town of Laguinillas, but every house on their route, both before they arrived at and after they left Laguinillas. Quti. Where did the commissioners go to after they left Arroyo Seco? Ant. They went to Carasal, in the State of t^ueretaro. Qutt. This place (Carasal) I understand is in the State ofQueretaro? Ant. Yes, sir. Qutt. How many leagues is Carasal from Laguinil las? Ant. The road was so terrible that I might have been deceived in the distance I might have made it appear a shorter distance than it really is. I do not know what the distance would be by an air line. tyiuM. What was the distance by the road? Was there any other road? An*. There was no other road Qua. Did you go by the road? Jim. I did. Qua. Had you a guide through Laguinillas? Jim. I had a guide to the boundary atone. Mr. Bbadlky. From where? An*. From NaevoCamotes to the first or northsrn boundary stone. t^uss. And the guide went with you from Arroyo Seco? An*. Yes, sir. Qua. What is the distance by the course of the road from Laguinillas to that boundary stone3 An*. 1 should think it is about fourteen leagues. <^ue*. Do you recollect what time of day the ;ommissioaers left Laguinillas? An*. It was some time after sunrise. I did not look at the watch. 1 remember now 1 did look at ihe watch, but I no not recollect what the time was. The sun was up. Qu*i. Were you in the habit of noticing the time as we passed along the road? Jim. Yes, sir. Que* Did you keep a note of the time? Jim. I did. Que*. After leaving the town of Laguinillas and going aoufc, what course was taken? Jns. We went on a south westerly course. Que*. Did you stop at the houses or settlements along the road? An*. We stopped at every house, I believe. Que* . Arroyo Seco is a village? Jim. Yes, sir. Que*. How far is it from the boundary line of the State of San Luis Potoei? An*. It is a league. Que*. Did you spend some time in that village? An*. Yaa, air; an hour or two. Que*. Did you converse with people there? An* Yes, sir. Que*. Do you remember any thing of a river which we passed after leaving Laguinillas.'' Jim. There was the dried bed of what is a stream n the winter season. t^uss. Where did you first find running water ifter leaving Laguinillas? Ant. At Carasal we met with a considerable itream. (Juit. Do you remember the direction of that itream? Ant. It runs to the southeast, and then turns up and goes to this corner, (pointing to a place on the map,) to Santa Maria de Acapulco. I do not know that the stream turns; but another stream seems to join it at that place. Mr. BaaDLxy. Were you up at that junction? Ant. I was not. (Jut*. Then you know nothing of it personally? Ant. No. ^ues. What sort of road was it that the commission passed over to Carasal? An*. It was a very bad road, almost a precipice; very steep, and full of boulders, and winding so that I thought it almost impossible to g* ? down it. (Jut*. Did you ever see such a road before? Ant I never did. It was so steep that there was great danger that the animals would fall down upon us. t^us*. What was the character of the road beyond Carasal ? Ant. If possible, it was worse than the other. (Jut*. For how many days did you have such roads? Ant. For two or three days we had the most terrible roads. <?w*s Is it all a mountainous country round there, or not? Ant. It is. (Jut*. Is there any open country there that you saw? Ant. None. (Jut*. Did you or not sometimes reach high summits of mountains, and have an extensive view of the country in all directions? Ana. Yea, air. Qus*. And bow did it appear to the eye? An*. A wilderness ol mountainsas far as the eye could reach. (Juet. How far could you see? An*. A great distance. I suppose we were on the summits of some of the loftiest mountains in that part of Mexico. The mountains thsre are elevated to a great height above the level of the sea, and the climate depends upon whether you are up the mountain or down the mountain. You can have the tropics or the temperate zone in a few hours. The atmosphere is very clear there. t^uss. How far would you be able to see the character of the mountains by the naked eye? An*. From some of the heights we could see a j long distance. I cannot estimate the distance ; exactly, but 1 should say much more than twenty I or thirty miles. The country, as far as the eye i could reach, presented the same wilderness all I round. men in juur opiniun a uvcnm-cugjuc | couiJ aot be brought into that country? Am. I do not think it could, by any poesi bility. Qui* Did you see anywhere any of the acoria which ia burned out of mine* or furnaces, or any indicationa of mines there, by the appearances of the rocks, or by any other indicationa, either existing or having existed? Ans. 1 did not in the district of Laguinlllas. Que*. No indicationa of any description? An*. No, air. We met a man carrying some specimens from the mines of Xichu. Quit. Where was he gain*? An*. He was going to the bouse of Juse Pando. Qui*. Do you know where the mines of Xichu are? An*. They are in the State of Guanajuata. Qu**. Do you know whether they are now being worked? An*. I only know from hearsay. Quit. But you know their location? ias. I do. Qui*. Are they far from the boundary line 01 8 an Luis Potosi? An* 1 do not know I can only judge from th? QQIpfl. Mr. Ba.aot.By. Then you hatre not been there? I An*. No; their location bae bean pointed out h | m? on ikt amp. Mr. BaaDt^Y, Yes; but that won't do. Mr. May. Do you know where the mi nee of Tie past are eituatad? E R _ 11 f * WASHINGTO Ant. I only know by the map. Quet. Ii trial map sufficiently accurate, or do you know from maps which are sufficiently accurate, where the mines of Tlapan are? Mr. BaADLBY. I submit that the witness cannot tell any thing about it. These maps are entirely different, as he bas not been there himself. There is a great difference between the old maps and the map made by Captain Doubleday, and one or the other of them must be wrbng. Mr. May. How far is it from Arroyo Seco to ? (name not heard.) Ant. About eight leagues. Quet. Is that the tame Arroyo Seco which ii laid down in the old Spanish map? Ant I suppose ao. Qu/? Did you find any other Arroyo Seco laid down? Ant. I did not. Que*. Does that Arroyo Seco, in relation to the boundaries, correspond? Ant. Pretty nearly. Que*. This stream, which I see is named Aravades, you say was dry? Ant. Yes; there was very little water in it. Quet. I will ask you if you saw any thing of a handbill posted in the town of Rio Verde? Ant. Yes, sir. Quet. Was that handbill signed by my name in Spanish? Ant. It was. Quet Was it posted inconspicuous places? Ant. I saw it posted in a great many conspicuous places in Rio Verde, and also in Laguiniiias. Quet. Did it appear to attract observation? Ant. A number of persons were reading it in both places. Quet. Do you of anybody applying for the reward which was offered by that handbill? Am. A letter was received from a Mr. Abbot. (^u?s. Was there any other application? Ant. There was no other. (Juet. Did you hear of any other notice being taken of that handbill, or of any other person applying, except in the case of that letter? Am. I did not. Que*. Had you seen a copy of the original mining title filed by Dr. Gardiner in Washington? Ant. Yes, sir. Quet. Did the commissioners have it in their possession in Laguiniiias? Am I think they had. Quet. Did you see any thing of a red book of accounts? Am. Yes, we had it in our possession. Quet. Do you know any thingg)f certain entries locating the mines on the land of certain persons' Am. I do not think it attracted my attention. Quit. Did you examine the book, or not? Am. I glanced over it. Quet. You read Spanish, of course. Am. Yes. sir. Quet. How far is it from San Luis Potosi to Rio Verde, according to the location of these places on that map? Am. It is forty and a half leagues by an air line. Quet. And how far is it by the road from Rio Verde to Laguiniiias? Am. I have not been over the road, and I can therefore only judge by an air line. I should say about twenty two leagues. Quet. How far is it from the boundaries of Laguiniiias on the north to the town ol Camotee? Am. Three and a half leagues. Quet. Did you have intercourse with the people of Camotea? Am. Yes, sir; with most of them. Que*. Did jou, by your own observation, delineate the routes of different places and then compare thein with the maps you had, and make that map as the most faithful map you could construct? An*. That was the course 1 pursued. Que*. How did your observations with respect to distances and the location of places compare with the distances and locations of places on the maps you consulted? An*. The position of Rio Verde I made exactly the same as it is mado on the maps. Qum. And bow with respect to other places: An*. Some of the small places were not located properly, but the large places seemed to be pretty correctly put down. Mr. May. That is all I desire to ask the witness. Deposition* in the Chancery Suit?Trouble among the 1 *awytrt. Mr Carlisle. Before the cross-examination of Captain Doubleday is proceeded with, I beg to say > to the court that 1 am just reminded by the absence of the District Attorney th t notice has been served upon us to attend to the taking of depositions of the witness Navarro, in the chancery suit. These de positions, I understand, are now being taken, entirely unknown to us, without our having any opportunity either of hearing what is being deposed or of putting a single interrogatory to the witness. This proceeding, while we are engaged in this conrt, utterly unable to leave it while this indictment is pending, i must confess, has taken both my colleague and myself by surprise; and I trust that your honor will either adjourn the court now, or direct that the notice be withdrawn. The Court. If the United States wish to take the depositions of any witnesses, and have served you with notice to that effect, I suppose they mean to take them, and that they will by their counsel desire to be there too. Mr. Fendall. No, your honor. The United States are already represented there. Mr. Carlisle. It is utterly impossible that we can attend to the taking of these depositions by counsel. VVe must ourselves attend here, unless this indictment is abandoned Nothing is more certain than that we cannot be in two places at once. Mr. Fesdall. It is merely the case of a witness who desires to go away; whose business at home is urgent, and whose deposition we desired to have before he departed. Mr. Carlisle. He is not going away at all. He cannot go without our consent, and we will not consent, under any such circumstances. The Court. (To Mr. Carlisle.) If a notice has been served upon you to take depositions while tbe court is in session, the court wiil of course fire you an opportunity of attending- to the taking of them If you chooee to move for an adjournment tor this cause I will grant it. Mr. FbwdaLL. The notice was that tbe depositions were to be taken between nine o'clock in tbe morning and six o'clock in the afternoon. They might be taken to morrow. Mr. Cablislb. But I understand they are taking them now. Mr. Fendall. Yes, they are taking them now. The United States are represented there. Mr Biadiit. What! Are they taking deposilions'now, and we know nothing about it ? Mr. Fbndall. Yea, they are taking tbera now. Mr. Cablislb. And you really say, Mr. Fendall, that these depositions are being taken now ? Mr. Fbndall. Yea, they are taking them now. The Court, (to tbe defence.) ft that is tbe case, the court will adjourn on your motion at any time. Mr. Bbadlbv 1 never heard of such a proceeding iu all my life. Mr. Fbndall. We are only taking testimony which has been given here already. It is to be used in tbe chancery suit. The Court. I have nothing to do with that. If tbe counsel ask tbe court to adjourn, and a good reason is given for it, the court will grant an adjournment. Mr. Cablislb. I must be allowed to say that is the most strange proceeding that ever came to my knowledge. Depositions, the counsel for the pros ecution tells us, are now being taken, thus putting us entirely off our guard, while we are obliged to be here engaged in tbe trial of this case. I must say again that it appears to me to be a most extraordinary proceeding. The Court. This Is not a matter in point before me at all, and I do not wish to say any thing shout it. You certainly have a right to be there ; and ii you ask me to adjourn the court to give an opportunity of attending to this matter, I will adjourn tbe court immediately. Mr. Cablislb. But some of these depositloni have been taken already, and we have bad no opportunity of cross-examination. Tbe Court. I cannot help that. If you bad asked me to adjourn before, I would have adjourned tbe court to give you an opportunity ol being present. Mr. Cabuslb. But we have only this moment ascertained what was going on J and I should nol have dreamed of euob a proceeding had I not ac f cidentally remarked the absence of the Districl Attorney. It is exactly of a pieoe with a aimilai ) proceeding which took place last summer, whet *? were Dounaa 10 www w w npuw tioa* in Virginia while engaged in taking dapoai > tioa* here. Mr. Fshdall. Ttai* is tb? ewcond time that in inuation tana bntan made here, and 1 do think i have a right to a*plain how that we*. Tb? Cottar. That i* * ipetlar with which thi ? *' ' '< | 'V? Sf V, ) t ? '. .J i . _ 4Jk . . i "*rit &?,,t :rwigS^! k! . '. ? )i *>'hm EPl DAitlr. N: MONDAY MORNING, API court bu nothing to do; anji I cannot permit it to be discussed now. I want to know what ia your wish with respect to the matter. With chancery proceeding! I have nothing whatever to do. Mr. Fbndau.. I preaurae they are dona by thia time. They were taking the depoeitione about ten minutea ago when I was there; but I suppose they are now floiabed. Mr. CABueL*. Then, if they are done,and have taken tbeae depoeitione in our abaence, and without our knowledge, it ia not worth while for the court to adjourn. The Covbt. Well, gentlemen, I cannot interfere in thia matter, it ia not before me. Tou bad better act upon facta, and aee whether the taking of theae depoeitione ia finished or not, and then say whether or not I ahall adjourn the court. Mr. Bradlby. We underatand that thia ia a deposition of the witness Navarro, who was examined here the other day in thia court in this cause. Your honor, I think, gave notice io the United States that they could not discbarge their witnesses without oar content, but that they must be kept here ! understand from tits District Attorney that he knows that this witness ia going away. If there be any process by which be can be kept bere I hope be may be kept; and I will ask the coart to issue an attachment. ThcCouBT He ought to remain undoubtedly, aud muat remain until he ia discharged by the court. Mr. Bradlby. If he is to be permitted to go away without our consent, the interest, and even the liberty of our client may be seriously jeopard ised, and I think that some means ought to be taken to compel him to remain. Mr. Fbndall. The gentleman has entirely mis represented what I have said?not intentionally, I presume I did not say that the witness was going away, but that he was very desirous to go. Sup pose he will not remain, am I to risk the failure of the chancery suit by neglecting to take his deposition, because the counsel for the defence cannot leave the trial of this case? The defendant can procure other counsel to attend to the taking of these depositions, or they can attend at nine o'clock in the morning and continue till the meeting of this court. Mr. Bbadlby. The District Attorney certainly said that the witness was going away. The Cocbt. Oh, he won't go away if you tell him lie must stop. Mr. Fbndall. But I cannot run the risk of that. The Coubt. Well, I have nothing to do wiih that. Mr. Bbadlby. I think there is here laid a fair foundation for the detention of this witness by process. The District Attorney has just said that he did not ntntp thaf hp vhi cmnrr aurnv I nvpr thnt he did say that he knew be was going away. The court heard the statement, and everybody else beard it; and on that ground I ask for an attach ment against the witness. The Court. He is not yet gone, and I cannot issue an attachment. But the court will say that hewnust remain here until he is dismissed. Mr. May. When will your honor dismiss him? The Court. I cannot tell. It depends upon whether the defence will consent. Mr. May. I trust that after the case for the prosecution is closed your boqpr will say that he may go. His business at home is urgent. The Court. There might perhaps be some order made in such a case; but the court can say nothing about it at present. Mr. May. They can file their interrogatories at any other time, or fix a time when they may choose to make them in person. The Court. It is sometimes very important to parties in a suit that they should hear the interrogatories put by their opponents, not only on account of the answers which may be elicited, but also on account of the manner in which they may be answered. Mr. May. Well, sir, when the case for the pro secution is closed, and the defence is commenced, we shall feel it to be our duty to ask the counsel for the defence to take what further examination of Mr. Navarro they may desire, in order that he may be permitted to depart. Mr. Bradliy. When the proper time arrives we hope we shall know what is our duty. Neither Mr. Carlisle nor myself have shown any disposition to subject anybody to inconvenience; but we must consult the interests of the defence. I do not mean to sacrifice the interest of anybody under my care to suit the convenience of anybody under the sun. Wo have already shown,we think, much patience. Much time has been, as we think, wasted unnecessarily. We have been and are now at great expense, and have not complained; but this is going beyond all endurance. If your honor please, I think I will move that the court adjourn till to-morrow. The Court. If you allege the taking of these depositions as the reason, I will of course adjourn. (To Mr. Fendall.) Do you suppose you will be able to get through to-day? Mr. Fchdall. I cannot answer. Much will depend upon the cross-interrogatories. Mr. Carlislk. They are now going on with these depositions, or, for any thing I know, may have finished them. Such we learned, a little while ago, from the District Attorney, was most orobablv the case. Now. I desire to reDeat to the biatrial Attorney that when tbis notice was served upon us, and when I complained to him that it was impossible lor us to attend in consequence of being1 obliged to be here, he stated that there would be an examination of these witnesses, for the purposes of this chancery suit, before and after the hours of the meeting and adjournment of this court; and yet, in violation of what I understood to be a distinct agreement, he goes on to take these depositions in our absence and without our knowledge. Mr. Fbndall. The time specified was between the hours of nine o'clock in the morning and six o'clock in the evening. Mr. Carlisle. But you distinctly gave us reason to believe that you would not go on with the examination of these witnesses in this chancery suit during the sitting of this court. Mr. Fbndall. I stated that the arrangement was such that the depositions might be taken before and after the meeting of this court. Mr. Bradley. We wish to know now whether the United States are going to examine any other witnesses than this Navarro. We don't want this thing to occur every day just when we are in the middle of our most important cross-examinations. Mr. Fbndall. What we intended to do was to take the depositions of these two foreign witnesses?Navarro and Aguillar. They are very desirous of going away; and this being done, we purposed to ask the gentlemen on the other side to conclude their examination of these witnesses in this court and let them go. The other witnesses arc here and will be here, and their depositions can be taken, not immediately, but when convenient. Mr. Bradley. And 1 suppose that "convenient season" will be just when we are in the most interesting part ol our defence. The Court. Well, gentlemen, you bad better decide upon something. All I can do in the matter is to adjourn the court to give you an opportunity of attending to the taking ol these depositions if you desire it. Mr. Fbndall. Could not the court adjourn at an earlier hour?say three o'clock?and thus give the defendant's counsel the opportunity which they wish? hjr. Carlisle- That is, to give you an opportunity of go ng and taking depositions all day, and we are to go there after being engaged here all day. The Court. The court might meet at a later hour each day?say twelve o'clock?and that' would give you the whole of the early part of the day. Mr. Fb ndall. That might answer. The Coubt. But you mu?t arrange it among yourselves ; the court cannot make any order in the matter. Mr. Bbadlbt, (after consulting with Mr. Car lisle.) We have conferred upon this qiattpr, and believe that evidence taken in this way cannot be used againet ue in the chancery rait. If such evidence can be got in it will be the first time that such a thing was ever heard of in any court in i Christendom. Mr. Cablislb. Your honor's obliging offer to adjourn the court for our accommodation ie not euch a one as would remove the difficulty. The examination in chief of this witness is completed T before an opportunity of attendance is given to as. We had a perfect right to bear the whole of it, and . i have not, as your honor and everybody else is fully 1 aware, been able to hear a single word. The United States must take their Qwn course. If tbey I choose to take depositions in this way, tbey must r take them at their own risk. 1 The Coubt. I am witling to accommodate you all rOUnd; but I think theee observations had better not be addressed to me. but to the circuit court. Mr. Cabusln. 1 am aware of that; and 1 merely make this statement to show the position in I which we are placed. Mr. PtnoALL made a remark in a low tone of s of voice, which escaped the ear of the reporter. ' 1 <JW ! - ,4;y : EuTMT J D T J Jlj IJ RIL 11, 1853. Mr. Cablisli. I did think that a feelingr of I delicacy would baje induced tbe prosecution to refrain from serving this notice on Ibei defendant while engaged in attending to this trial, and that he would not, while defending himself from an accusation here, be compellW to forego Ms rights elsewhere. Here bis character and liberty are at stake; there bis whole fortune is at stake. This trial prevents him from attending there; and attending there would prevent him from taking the proper means of answering the charge that has been brought against him here. This course of proceeding naturally disturbs both him and bis counsel, and operates greatly to his disadvantage. Under these circumstances, I spoke to the District Attorney when this notice was served. I asked him, "What do you mean? Are we to attend to the taking of these depositions while this trial is going on?" and be said "No;"and he mentioned the hours before and after the meeting and adjournment of this court for the taking of these depositions. Then, without a word more upon the subject, and without the least dream of suspicion on our part that he was at this time going to take these depositions, either before 10 o'clock in tbe morning, or after 4 (/Clock in the afternoon?after all that, after this distinct understanding thus forcibly impressed upon my mind, and in tbe midst of the examination of a witness to day, noticing tbe absence of the District Attorney, I inquired where be could be, and I thought it barely possible?though I must coiifesB I could hardly conceive it probable?that he might be at tbe Mayor's office taking thesexpositions; and after further inquiry it came out that he actually was there, taking these depositions, and we knew not a word about it! Mr. Fsndall. The terms of tbe notice were tbat these depositions would be taken between 9 o'clock in the morning and 6 o'clock in tbe evening. I did undoubtedly tell Mr. Carlisle that these depositions could be taken before and after the meeting and adjournment of this court Mr. Carliblb. And so I supposed the thing would be done, and that we would have due no- e tice. i Mr. Fsmdall. And I supposed that tbe thing c was perfectly understood. But if there is any sort l of misunderstanding about it, if the gentlemen will agree to have these depositions taken before s and after the meeting and adjournment of this court, all the depositions which have been taken ( to-day shall go for nothing, and we will begin e afresh. E Mr. Carlisle. I understood the proposition to be distinctly made in the way that 1 have stated; and knowing now tbat a different course has been ( pursued, 1 shall make no agreement with the coun- t sel of the United States; for, should I do so, after I have made It I can have no reliance upon what < may be tne result. I Mr. Fbndall. It was a mere chance converaa- j tion; there was no positive agreement made about it. i Mr. Carlisle. So far from that being the case, i I must aver that I understood the thing quite dif- j ferently. The Court. I cannot say a word about it. It does not at ali concern the proceedings before this ( court. All that I can do is to accommodate both j parties as far as I can, which I have already expressed a willingness to do. j Mr. Carlisle. Your honor has been kind enough to offer to adjourn; but, without any fault i on the part of your honor; that offer comes too late. I We feel obliged for your honor's courtesy; but the mischief has now been done, and the prosecution must repair it as they best may. e Mr. Fbndall. We are willing to withdraw ] what has been done, and to take the depositions before and after the meeting and adjournment of t this court, if that will suit the convenience of the e counsel for the defence, or in any other reasonable < mode that may be suggested. t Mr. Bradley. No, sir; it would be said again, as it has been said before, that we wanted to make \ capital out of it. j Examination of Capt. Doubltday by Mr. Bradley. < Que*. Have you the tracings of the map which ' you made.' Ant. I have not; they were accidentally burned. , Quei. And you made no other copy of them? Ant. Did not; but reduced them to this scale. Quet. Have you any copy of the map of Colonel , Reyes? | Ant. I have not. , Quei. Is it a map of the State of San Luis Poto- ; si, or a particular portion of that State? Ant. Colonel Reyes had no map of the State of , San Luis Potosi. He had small maps of different parts?sketches, notes of distances, &c., which he f had taken at different places. <Jues. Were they surveys? i Ant. They were. Ques. And plots? I Am. Yes, sir. Quei. Do you recollect any other information you obtained? Ant. The only other information I obtained from Colonel Reyes's map weu from his map of Qucrataro. Quet. Was that a full map? Ant. It was a full map, and had the boundary of ( Laguinillas upon it, and the two principal roads laid down?one from Laguinillas to Arroyo Seco, , and the other to Acapulco. Quet. Do you recollect of any other road laid ( down in Laguinillas except those which you have I copied from the two maps of Colonel Reyes? , Am. No. These were laid down because they j were embraced in that section of country near the . boundary. Que*. Do you recollect whether there was a i place called "Nogales?" Ah*. I do not. Que*. Then the southern boundary of Laguinillas, as you have described it upon your map, is taken from these two maps? An*. It is. J Que*. You did not visit that portion of the country yourself, I believe. An*. No; except the one corner-stone nearCommunidad. Que*. I understood you to say that you corrected the map which you had as far as necessary by observation? . An*. Yes, sir. . Que*. Did you make any siderial observations? , An*. I did not. I did not not take the longitude j and latitude. Que*. What instruments bad you? 1 An*. { bad a prismatic compass and a small oompass. Que*. Then you bad no transit instruments? An*. I had not. Que*. Then how did you make your observations on which you corrected these maps? An*. By observations of the course of the road I by the compass. The distances I bad to judge of f as I obtained them from guides, and the time intervening from the leaving of one place to the arriv! ing at another. Ques. I understand you to say that thai map represents the positions of places as corrected by you. Is that so? An*. Yes; I mean the places on the route. 1 Que*. What places did you correct? 1 An*. I corrected the villages from Guadalcazar . up to San Luis Potosi, ana down to Rio Verde, where I came out exactly. ' Que*. That is to say.suppofe the distances given you by these guides were correct, and, aided by your own observations by the compass, you came out right? < An*. Yes, sir. Que*. Did you observe whether there was any ' difficulty in traversing with your compass in any part of the route you went? ' An*: I did not. Qta*. You say you made an observation at the ' southern boundary stone. Explain what that observation was? 1 An*. I could not say that I made an observation. I merely saw that it was properly laid down on the map. Ques. Row did you know that? . Ant. I estimated by the distance and the-time, few. But there was no scientific observation | applied to it, nor had you the means of obtaining its proper location? An*. I took the official position of this road. I saw that it was in the main correct; and, seeing 1 mat me corner* appeared u> DC correcujr lttiu uowii, I took it to be offioiatly given. Que*. Tour language in answer to Mr. May'* question wn, "I made an observation attba southern boundary-stone and at tbe northern boundary- ' sione, and found them to correspond with the distance Hid down in the map.'' I supposed from ' that that you had taken tome observation.' An*. No, sir. Qua*. When you speak of having made repeated ? Observations along the line of tbe road, I am to understand you to mean that with your compass you t observed the course of the road, and estimated the distances, and took them from the' guides? " ' " Ana. I <did not take them from the guides alone. i I estimated them both to see if they corresponded. < Qua*. Then, It was a reconnoisshhce you took, i and not a survey? j Ant. Yee. I t m No 256. Que*. That is what I suppose. I did not know )ut that you bad some instruments by which you :ould make a survey. I understand that from Rio (ferde to Arroyo Seco you did not leave the track which was marked down on the map, which was lut a mule-track?that you did not go off the road o make observational Ant. I would take observations from the highest >oints of the road with the compass. Que*. I understand you to say that the chappa al was thick all the way from the boundaryitone to the village of Laguinillas? Ant. Tea, it was off the road. The country is :overed with it, and that was the reason why I did lot make a more regular survey. Que*. We understand that you left Camotes in be morning, and arrived at Laguinillas on the ame day. That is some ten leagues, I believe? ome twenty-seven or twenty-eight miles?in an ndeecribabiy rough country. Would that allow rou much time to make mathematical observaions? Ant. I took a good many observations during hat day. Que*. Th.?n, you did not leave the road for the inrpoae of exploration? Ant. We never at any time went far off the oad. Quet. Would it not have been very difficult to lave crots -d that country from east to west, interjecting the road at short distances all ihe way rom Laguinillas to that boundary-stone? Ant. Oh yes, sir. Quet. I have no doubt, from what you said, hat a steam-engine, in its ordinary mode of conduction, could not be readilv trnnsnnrterf thrnnirh hat country, but are you not aware that steammgines are sometimes constructed in sections for he purpose of more convenient transportation? Ant. I have never seen any such. Que*. Nor read of any such in scientific books? Ant. No, sir. Que*. Is there any thing in the structure of the iteam engine, so far as you are acquainted with t, which would prevent its being cast in sections ir joinst, and being put together by Bcrews or whs? Ant. I have not studied the construction of the iteam-engine sufficiently to say. Que*. Then, when you say a Bteam engine could lot be carried into that country, you* mean a iteam-engine as engines are ordinarily conitructed? Ant. 1 do. Que*. Could you see the village of Laguinillas in tpproaching it or on leaving it at any distance from .he road? Ant. I could not see it at any great distance on the road. On the road to Arroyo Seco, after we got over four or five miles, I think we could look sack and see the village. Que*. I see by your map that the mountains run east and west. I supposed that having passed the ridge of mountains you could readily see Laguinillas ? Ant. Not after having passed the first. Que*. Then that plan is merely to represent a general ridge of mountains, and not to show that it was a connected ridge? Ant. Certainly; on so small a scale we could not represent every hill. Que*. Was not the country south of Laguinillas much broken into separate bills, with gorges be'.ween them? Ant. Yes, sir. Que*. You say you passed the dry bed of a itream. Is that the one you have marked upon irour map? Ant. It is; there was very little water in it. I put his stream in from the map which I copied; and, teeing something corresponding to what is laid lown on the map where we crossed it, I took it as i verification of it, but 1 did not follow it up. Que*. Is the stream you have there laid down on he map entirely traced from the map you had before you, or is any part of it laid down on your map from your own observations. Is it marked m any map? Ant. It is. Que*. Is not the country east of Laguinillas as rugged as any you passed over? Ant. It is. Que*. Then I see a straight stream marked on pour map, and I supposed that it was laid down ay the person who prepared the maD from which jrou copied, rather than a sketch made by you from ibservation? An*. Where we crossed it it corresponds with ny observation made on this map. Que*. Now as to that other stream, could you lee it as you passed along the road, except where pou crossed it? An*. No, sir. Que*. That also was copied from the map you bad belore you? An*. Yes, sir. Qua. And, after leaving Laguinillas, you found no stream till you got to Carasal ? An*. None of any size. Quss. Say such a stream as Rock creek? An*. We saw none such. Qua. Do you remember the breadth and depth of the streaso you saw at Carasal ? An*. Its breadth and depth depends upon the lessons. Qua. Of course I am aware of that; but I am ipeaking of the time you were there? An*. It was about as wide as from where I stand o the door of this room, (about forty or fifty feet.) recollect bathing in it. It was not deep. I had o lie down to get the benefit of the water. Qua. You say that stream ran in a southeaster- ! y direction? An*. Yes, sir. Qua. In what direction were you going? Ant. Southwest. Qua. Were you not going southeast from Arroyo Seco to Carasal? | An*. I think our course was nearly south? Que*. And not southeast? An*. 1 think not. Qut*. Have you any memorandum by which you ;an ascertain that fact? .4ns. I have not. lp*. Vnn hnrfl r\n - J! ^ ?: ? Miv.uviauunui ui vue uirecion of the road from Arroyo Seco to Carasal. You lave spoken of that little place in the corner of 1 four map, taken from an old Spanish map. Is here any thing to indicate the bearings of the compass in regard to it? An*. There is not. I took it, though, as north , md south. Que*. If it is north and south, does it correspond ( with the actual position of the boundary of Querearo and Laguinillas? Ant. It does not. Que*. Does the western boundary in any respect ( correspond with San Luis Potosi and Queretaro, as aid down in that map? ,4ns. I do not think it does. Qu*?. Neither the northeastern nor the north- , ivestern boundary? An*. I think not. Que*. Then on that map, if it is made north and f louth, from Arroyo Seco to Carasal would be south, vould it? Ant. I do not know whether the place put down ( iere is intended for Carasal or not. The town it- ( wlf is not put down. . Que*. Is there any town at Carasal? 1 Ant. Yes, sir; there is a town there. Que* Could you see the course of that stream ifter you passed Carasal and before you reached it? An*. I do not remember where I first came in | light of it. Que*. Is there any thing in your recollection to ; ibow that that stream did not run to the northeast? An*. The water ran to the southeast; I remem- i >er the direction of the valley. Que*. Do you remember tqe direction you were joing at the time? 1 An*. Quf direction was southwest from Carasal. {?um. But I mean from Arroyo Seco? An*. I do not remember. Que*. Can you state the distance from Arroyo Jecb to Carasal? An*. It is difficult to judge, the road was so very ough, but I should think five or six leagues. ^m*. While at Laguinillas did you visit the iffice of the alcalde, or any office where deeds sere registered? An*. I visited the alcalde's office. Que*. Is tiiatan office where deeds are registered? An*. I do not know. Quia. Did yew not go there to see if any deeds vetP registered there? An*. No, sir. I stepped in with the other comnissioners. Que*. Who were taking testimony? itWf Ytlfi ol?? a*?/l I m iuci o hw a paper purportng to be a mining title of Dr. Gardiner. Que*. Was the alcalde present while you were here? .4ns. He was. Qmt. Something has been t>aid about a paper ehicb the commission carried from Sao Luis Po<wi, addrrased, I believe, to the alcaide of LaguiaiUas, Dp you know any thing of such a paper n reference io Dr. Gardiner? -<**? 1 M^deietopd that tbey had a process to ? I ovvioiorvBi KirDiLic OTHTM ITKUT, I WASHINGTON, D. C. I ADVERTISING. ' 1 Advertisements will be inserted in Turn Repcb uc at the usual rates of the other papers put fl lisbed in Washington. ' A deduction will be made to tboee who sdmii^r by the year. the tjeu-weeklv bbpcblh TIUIIIUC1D imt ( TUESDAY, THURSDAY, AND 6ATDRD/ H , the WEEKLY REPHBLK WILL BE PUBLISHED EVERY THUR8DA compel him toebow hie mine, in caee he refueed to show it. Quet. Have you ihat paper here? Ant. I have not. | The Court. Who did you eay had that paper? Ant. I understood that Mr. May bad a paper to compel him to go and show hie mine, if be refused to go with us and show it. Mr. Bbaolkt. If he refused to go. How was be tolbe compelled? Mr. Frndall. I object to that question. Mr. Braduy. Then I shall ask for the production of the paper. After a little delay, Mr. Bradley resumed the cross-examination of Captain Donbleday. Quet Do you recollect when it was that you wore in the office of the alcalde at Laguinillas taking depositions? Was it the first day or the second day that you were there? Ant It was the second day, I think. They might have taken testimony the first day, but 1 cannot speak to that. Ques. Do you know whether it was the design of the commission to go round by Rio Verde or by Queretaro ? Am. They desired to return by the quickest route, and we were informed that the latter was the shortest by two or three days. Quet And when you got to Laguinillas you bad not determined which route you would take? Ant. I think not. Ques. Then it was not thedesign of the commission to return to Rio Verde? Am. No, sir. Ques. Now in regard to that paper you have spoken of about compelling Dr. Gardiner to shov bis mines, was it at any time shown to tbealcalde' Ant. Not to my knowledge. It was not made use of at all that I know of. Quet. I understand you arrived at Laguinillas in the afternoon of one day, and spent the next day there, and then, on the morning of the following day by about sunrifce, you left the town ? Ant. Yet, sir; we arrived at three o'clock in the afternoon, and we left on the morning of the second day afterwards. Ques. And on your way to Arroyo Seco you met a man bearing specimens of ore from the mines of Xichu, going to the bouse of Jose Pacdo Am. So, sir ; that was after we left Carasal Ques. How did you ascertain the fact that lie had specimens of ore from the minee of Xichu ? Ant. Because we stopped him and made inqui r ioc oKnnt Dr finrHinor'a minp Quel. Don't tell us about any inquiries you made after Dr. Gardiner's mines ? Ant. This man told us that he had got these specimens from the mines of Xichu. Quet. Did you examine his specimens ? Ant. I did not. Quet. How was he transporting them ? < Ant. On a small donkey. Qui*. In panniers? Ant. A kind of rough pannie^ slung on each side. Quet. You know nothing of the weight ? Ant. I do not. Quet. All you know then is that you met a man who told you that he had specimens of ore from the mines of Xichu, and that he was going to the bouse of Jose Pandc? Ant. Yes. Quet. You have been asked about a letter addressed to Mr. May in Laguinillas by Mr. Abbot Did you see that letter? Ant. I did. Quet. And the reply? Ant. I did. Quet. And the answer to the reply? Ant. 1 did. Quet. Did they pass all on the same day or on different days? Ant. I think on different days. Quet. Do you recollect whether, after the receipt of the first letter from Mr. Abbot, Mr. May, or any of the commission, went to the office of the alcalde before they replied to that letter? Ant. I do not. Quet. Had the commission entirely completed their examinations, or the work in which tbey were engaged at Laguinillas, on the morning that they left there, or did tbey leave the town earlier than they originally designed? Ana. They had completed every thing they designed to do there. Quet. Do you know whether they got copies of any papers there? Ant. They got a copy or part of a copy of one paper from the alcalde's office. Mr. Bbxdlby, (to the counsel for the prosecution.) Gentlemen, I do not want to serve a formal notice upon you for the production of that paper, but I would like to see it. Mr. Ma-*. If it is to go to the jury, I have no objection to produce it. Mr. Bradlxy. To offer a pig tied up in a bag ia not a fair offer. When it ia here, and I see it, I will Bay whether I desire it to go to the jury or not. Mr. May. I do not want the trouble of hunting for it unleaB I know it ia to go to the jury. Mr. Beadlry. If you let me see it perhaps I may be glad to get it there. The court here took a recess of nearly an hour. Re examination of Captain Doubleday by Mr. May. Que*. Did I understand you to say that thie place, "Caraaal," was a town? An*. I should call it a town. It is like a great many other Mexican towns, very small. It had some twelve or fifteen houses in it. It is a small village. Quei. Was it not a sugar estate? An*. I believe they did make sugar there. Que*. Can it be called a town? Mr. Bradley. Re has just said it was a town; surely you do not want to cross-examine your own witness? Mr. May. Was it a public or a private town? An*. I really did not inauire. Que*. Did you see any church there? An*. No. ? Que*. Any blacksmith's shop or store or alcalde's office? An*. I did not; for that section of country it seemed to be a village?a larger collection of houses than usual. Que*. Were most of the people you saw there employed in making sugar? An*. I did not notice. There were sugar estates round the village. Que*. Were they not bringing bags of sugar on their heads to the warehouse? An*, I cannot say. I do not remember observing any thing of the kind. Que*. Did you observe any of the general char acteristics of a town?such as streets, lanes, plaras, &c.? An*. None. Que*. Were they not like aegro huts scattered round an estate'' An*. Yes, they seemed to be so. Que*. I understood you to say that you never taw a steam-engine made in sections? An*. 1 never nave. Que*. 1 will ask you whether, in saying that a iteam-engine could not be carried into that coon ;ry, you mean an engine for any practical pur I jose? An* That is what 1 mean. Mr. Bradliy. Could you carry artillery there'' An*. No. Mr. May. Could you carry small artillery [here? An*. I doubt if you could carry mountain bow. itsers there, Mr, Bradley. 1 understand you did not, at any Lime, for the purpose of exploration, leave the main road from the northern boundary stone in going to the southwestern boundary stone? .4ns. I did not for any great distance. I would sometimes go to a little elevation not far from the road', where 1 could see the country round. Mr. May. We now propose to renew an offer we made the other day. It is a little varied, and I think so as not to come within the rule prescribed ^V^e'propose to inquire about the existence of this mine, or any mine, by public reputation; and we think that the aspect of the proposition is considerably changed since it was first mooted before lbs court. We have now given evidence to show that theee mine# arc pari 01 me eminem domain ol Mexico; that the title to mines is granted by the public authorities; that all transactions regard ing their titles are of an ope? and public nature, and that, besides that, a tax is paid upon the silver taken from the mines. I advert io these points of evidence to show the court the public nature of the mines as established, in evidence, which not done before. Aleo, the relation of mines to the government as a public affair, in which the whole public of the State are interested: and we now offer to give the testimony oT persons who have resided all their lives in Mexico, to show that when amine is denounced, and posseseii n taken, and gets into a state of prosperity, or bo nanxa?that is, yielding more than its expenses it becomes notorious to everybody, and in that Mjy becomes a matter of the most public not. riety?^ m