The Southern Intelligencer. (Austin City, Tex.), Vol. 3, No. 31, Ed. 1 Wednesday, March 23, 1859 Page: 1 of 4
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BAKER, LAMBERT & PERRY
VOL. ¡8.
Dotting (itcnuatf, ink set bohm augbt in uialift.
PROPRIE
the intelligencer,
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BOOK AND JOn PHINTINQ:
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execute every «arletjef
■a*k J b,«'nr*,ni «l Omam uial Priallai
ronaoniblo ratea, and in a atyle uuaurpnaaed by any
jflii'ii In Ibe iioutli.
All buaiiieaa ciiiimtincatinna nddreaaed to
1IAKRR. I.AMBKRT A FRRRY.
ál'JTISIt
MARCH 48,1899.
ftry Latest from IHntngorda.
The editor of thu Matagorda Gazette
«ays: " We liavo heard that is never
too late to do good."
\Ve wonder by what conveyance the
sprightly editor received the above item
df news! There must be a Telegraph
somewhere in his vicinity; or perhaps
un underground railroad.
While refci ring to our cotemporary of
the Matagorda Gazette, it would be
ivrong probably to withhold from the
public some of the masterly and over-
powering arguments in favor of conven-
tions. In nu editorial of March the 5th,
the inspired writer ambles oft' in the
following luminous and convincing
style :
. Experience llita long ►inco ilictnti'd lli.it men
irtusl moot and consult one another, to born
what is true policy; that, lo place their wisest
nnil mn t ri liable men in the councils of the na-
tion. it in necessary that nil tfooil men understand
• ai'li othur: nnd thin enn only tie dono by ««'Hi-
tiling en masa, call it "convention" or any otliei
n.ime you please. Wlion a man i« heard to de-
iiounce conventions, you may sot hint down ai
in a hopeless minority. or f ars to stand 1* fire
nii^ intelligent assiinMy of his countrymen, and
trnit to his own merit for the favors which he
(«ill would ask them lo lieslow upon him."
We never knew before this blesse1
hour of light and knowledge, that a
State convention was t!;c assemblage
of the people, en masse. Poor ignora 1
worm of the dust as wc are, we always
thought that delegates composed such
bodies, when they met to select candi-
dates, and that a majority of nominees
rjlied nearly as much upon the endorse
inent of conventions as they did gener-
ally upon their own proper merits.
But we are detaining our readers
iVora the rich treat afforded by the as
tuto editor in the following paragraph :
"II d it been the misfortune of Ibis govern,
incut for John C. Fremont tu lmve been elected
lo the Presidential chair, he would never have
Win President of the Sontliern States: nor will
any other man ever be Prc«ld"iit of the South-
ern people, who refuses to administer the por-
•■rnmcnt In necordnnee With Ibe expressed mi-
derstnnding by which we wt re 'onnfll into a
Confederacy.' We lmve nothin; lo jisi>iii ' tip-
on this snl ject. It a settlnnM man ' "C -d up-
on lite South, wu arc lit tnvor of -.-e is'-tuo1',
though the ■nnlhilntio'i ol b")li :e.;!if«is' ¡"ti"
complete as We ftthM •: •« "I K->k- u y. We
could doanything to hvei t -'nclt a Palnmity, ex-
cept to «aerifico oitr prlnclnMs nndoMrhum
The only remedy lies In the Demoernlicf parly,
and Tor that party to be saccosstnl, It Is para-
mount that It ' e thoroughly organized.-'
Wo wonder who our neighbor of the
Matador*" Gazette will allow to be
President after the expiration of Buch-
anan's term. It is of litgh impottauc
to kuow previous to the election, to
fcvold tho poaniblo contingency of throw
ing away votes.
'•The annihilation of both sections as
complete as the tabled cats of Kilkcn
my" ií an awful picture—awful.
tSt* The Crockett Argus speaks thus
of Gen. Houston's great speech;
■'Hie speech ol (Jen. Houston, delivered on
Mm oeeasion of presenting his bill for repealing
Judge Wntrous out ot offloe, is in nil rospecis
Ike most marked and telling of Uie last twenty
¡yenes. It cannot bedisguiard that, within tlwil
a«4, there lins boon a woful lapse from Sena.
ivl dignity and bearing. Instead of the
itumljr and natirmnl sentiment which formerly
«apio; thunder-toned, from that branch of the
Federal Legislature, wu are now accustomed to
Nectte«tl.jMirti<an and hu«Ateringdiseu* iou,bet-
ter befitting Uie «took oxchsnge and cottle mar-
ket. To And • great speech, such as this, well
Matured, both «• to fact and deduotlous, addres-
sing itself to correct sentiment wherever touud,
and contending for the purity of on« ot the most
important departments el government, Is a rare
treat, and at once carries m back to the better
days of the Ropublls. For this treat we aril in-
debted to Get. Houston, and n« differences,
great or small, growing out of recent polities,
•ball restrain the acknowledgment."
'fills apccch Í3 now being published
in ttii« paper. We have a few book
numbers from ibe begiuing, yet on
htiMfo. Sntacribc «oon if you expect
W get tUem.
Ooix)Rlfto.—The Colnmbus CitiRen
hoiw tkioves are about iu
thrt WWty, «ltd talVs of live oakt and
t>iff acarno.
Cpeefh ef the Hon, Kim Hdiutim, of Tex *,
Exposing the IHilfemare and Corruption
of John Cbnrlri Watrooi, Judie or the
Federal Court io Texan, and of bis Cou-
federates,
(Continued from our last.)
In my opening remarks, I alluded to
'• the deep secrecy " which sur ounded,
as far as possible, the movements of
the conspiracy, a sketch of which I have
attempted to give from the results of
long investigotion, and by the lights of
some newly discovered evidence on the
subject. I have pointed out, in thu pro
gress of the narrative, instances oí the
secrecy and cunning of the manage-
ment of these parties. Kvery means
were tuken to conceal their steps, and
every opportunity was seized to take
the opposite parties at advnntage.
The order of trungfer from Austin ap-
pears to have been entered at the No-
vember term, 1854. The trauscript was
taken by Uobcrt Hughes, with iiewit-
son's deposition, which was sent him en
route to Now Orleans, where the cases
appear to have been filed in April, 1855.
When the docket was culled there, it
appears tiiat Hughes was anxious to
have thu cases disposed ol with dispatch,
and to take advantage of the supposed
absence at that, time of the defense.—
But in this he was disappointed by the
sudden apparition iu Court of a poor
settler who luid traveled all the way
from the wilderness, over hundreds of
weary and painful miles, to confront
the artful despoiler ol his home, and to
demand justice. I let the poor man,
Elias Speuccr, tell his stoiy of what
transpired iu the Court at New Orleans,
as it is related iu the printed evidence
taken by the committee of tho House
in the Watrous i lives ligation. He
says :
'• I lliiiik be [Hughes] said lie would like lo
lmve Hu m [the suits] tried at us early a day as
wuu'd be convenient to the Coin t.for lie thought
there would be no defonsc, and they could not
t.ike up much of the tini" of the Court in trying
them. Aft<r tlint I gol up nuil said that I bad
cnuie some six hundred miles to defend my land
and I wished ihnt timo should bu given me to
prepare my evidence, otc. ; Judge Hughes ob-
seived. 'Oil. Mr. Spencer. I d d not know that
you were ia Court, or any on", to attend to the
suits.'"
Iu confirmation of this statement of
Spencer, of the advantage.attempted lo
be taken against him, there is found an
admission of Hughes himself, made in a
letter to L'ipsley, written when he tvas
in attendance on the cnscs in New Or
leans, April, 1853:
'• I will press the cases to trial with lit i ut-
most r'gor. I do not expect there w 11 b>.- any
counsel here for the defendant^"1
There is something here otátlmost pa-
thetic interest to claim the earnest at
tention of this honorable body. This
poor settler, it appears, had planted a
home as early as 1847, on what was
then the extreme frontier of Texas, and
had lived through hardships and dan-
gers difficult to depict, until ut last he
had secured, as he fondly imagined, n
permanent retftiug-plaee for his life, and
had commenced to gather the fruits of
his toils and privations, to sustain his
wile and .child ten. This laud was iu
eluded in tin? hi Vega tract, and he was
the principal defendant, representing in
the business the other sett ers, who liad
planted themselves around him. He
was sued in every shape, and it would
seem that every ingenuity of his oppo-
nents was fixed to betiay him. It ap-
pears from the evidence that the suit in-
stituted against him at. Galveston was
removed to Austin, with ut any order
of transfer having beep made in the
caso; that he had no lawyer employed
to attend to it at Austin, and that when
all the cases were removed ti New Or-
leans, nud the transcript carried there,
lie heard lor the first time, and then,too,
not from thoso who were proseen
ting and attempting to betray him, ol
Judge Wiitrous's long ¡concealed inter
est in tho suits, and their removal on
that account to New Orleans. No soon-
er is he made aware of this; no s loner
docs he perecivc tho long matured Con-
spiracy to keep him in igliorauco and
to bolray him and his co-suitors, than
tho poor intended victim is suddenly
aroused, hurries to New Orleans, six
hundred miles away, and confronts in
the court-room the confederate of Judge
Watrous for his ruin, at the very mo-
ment that ho is saying to tho court that
tho suits would not bo doleiuled. Well
might Mr. Hughes exclaim, " Oh ! Mr.
Spencer!" at the dramatic surprise;
and well may our sympathies bu promp-
ted by the apparitiun on .lie stage of
tho poor man como to save Ills home
from the grasp of 'lie spoiler ; and yet
at the last, by tho renewed acts and in-
fluences of corrupt and powerful men,lie
Is turned from it.
It wn* shown that, it was tho expec-
tation of Hughes to have tho Lupslcy
cases dispatched, and to use tho dopo
sitiou of James Hewltsou us lo the exe-
cution of the power of attorney, taken,
as has been seen, surreptitiously, and by
a fraudulent contrivance, before any of
the defendants or their counsel could be
present to protect tlieir rights in the
trial at New Orleans Under any ¿toy
cunistunccs, tho only proper course
would have been to attach the power of
attorney, which was referred to in the
deposition of Hewitson, and made a
part of it. But this is not done; it is
found that, after a lapse of a yoar from
the üling ¿f tho deposition, when the
trial of the cuse comes ' n, it bus not
even been filed. It was used in evi-
dence agaMMtflptinocriMid still Dot filed ;
but a copy appear* to have been substi-
tuted for it-
AUSTIN CITY, WEDNESDAY. MARCH 28, 1859.
any
a v. jn.>;
„ i
Let me for a moment regard the scene
in court, in which Robert Hughes, who
had constituted himself tho exclusive
custodian of this paper, comea forward
to sustaiu it by his testimony as a wit-
ness. Here is tho representative of
Judge Watrous, by his own evidence,
establishing the genuineness of the pa-
per, as that which Hewitson had sworn
:to, and which, since that time, had been
' in the possession of said Hughes, lie
produces the paper I rom his pocket,
without any indorsement, without
lile inarR, and identifies it.
Thus it appears that the defendants
in the Lnpsley eases wero deprived of
opportunity to protect their rights,against
this forged document, except upon its
presentation in court.
Judgment had been rendered iu the
ease of Lnpsley against Spencer on the
30th May 1856, and six days thereafter,
the following entry is found in one of
the Lnpsley cases remaining over, show-
ing the anxiety of the parties for an op-
portunity to sustain their plea of for-
gery, and evidencing the persistent at-
tempts of Hughes to deny them such
opportunity. I read from page G49,
testimony in tho Watrous investiga-
tion :
Minuta. April ttrm H56.
Nf:w Oiii.rans. Friday. Juuo C. 18S0.
John W. Lapslkt,* i
vs. \ No 245H
D. R. MrraiF.i.t.. YVahren- & J. Dkan. )
Tho d' f 'iidnnts, by tlieir counsel, this diiy.stijr.
g 'sted to the court thill heretofore, to wit: on
or about the 25lh day of February. 1855, the
I'la ntilt' li -r-in tonli the deposition, rfe bene ette.
of one James Hewitson, to prove ext ent on ol a
certain power of nitoruey purporting to have
been execnt" d by TlionmsLa Vega before Junn
Gonzales, regidor of Leona Vicario, with Jose
Niizo* Orlez. and J. Mc.Mornl as assisting wtl-
ticse-', dated the 5th day of M.-y, 1832. author-
i/.hig Samu l M. Williams lo sell the land Iu
controversy, wléch said power of attorney de
t.iulnnlB lielieved to be a forgery, nnil have so
tiled their plea by their attorney, which said
power ol attorney has never ho n Hied among
tho. papers of said cause, although the sumí-
constitutes n part of the d-'posltion of tho said
llewi son, and that the same is yet In the pos-
session of the plaintiff's attorney ; nnd there-
upon moved the court to require nud causo the
said power ol attorney to be r -gularlv (lied
among the papers of m «1 cause, or to be deposi-
ted with the cl tk in lis special charge ami
keeping, subject lo the inspecting of the parties,
tlint the defendants may have an opportmi'ty ol
sustaining their pi mi ot forjf. py nforesa'd by
procuring witnesses to inspect snid power of at-
tomey. The plaintiff's counsel lining present
in court, ncoept 'd service of thH motion, nud
w.v d time lo show can e.
if mutes, April ttrm. IfljO.
Nkw OiiLkaxs, Mo idny. June 9. 1855.
Julm W. bap-ley,
's L v>-
D. It. Mitchell end Warr
l he ru'e herein taknn by tho d feudani'upon
the plaintiff, to show cause why h • should n«t
filo tho original of a certain power of ntiorney,
having I'Ceil argued and subm tted on a limner
day and the court hut ing considered the same,
dotli now order the -aid rule he discharged.
In tho course of the debute in the
House, with respect to the charges
against Judge Watrous, co* ¡dentóle
stress appears to have bten laid on the
decision of tho Supreme Court of Laps-
ley vs. Spencer, by which the question
as to thu power of attorney, iu that
case was settled. Prom the dissenting
opinion however, of Mr. Justice Daniel,
the all-important fact is develped, that
the question of frand, with respect to
the power of attorney, had been taken
from the jury by the ruling of the court
He says :
" It seem to m" that there was error in the
instruction of the court to the jury ; that there
was no fraud n the transaction by which the
S'le/e'l ti lo to the land in controversy had
been obtained, or transmitted to.lhe pli.intiff."
This fact is of the highest importance.
The opinion of Mr. Justice Panic!, to
which 1 have referred, and which man'
ifosta careful and special study of the
questions connected with the powor of
utlbruoy, contains so clear a judgment
on tho subject, that I may conclude
what 1 have to say ort it by quoting a
portion uf the learned judge's remarks,
lie says ; !•:■!./
'• In the no\t place, with respect th tlití de-
duct o i of ti'le >rotn La Vega. to whom it is
said, a grant wns miflle by t!i<> (Jovcrtimenr., by
the decrees lift examined. The first step in
tlie dernignraeut of th s t t'e is the uaper. s yled
t.e power of attorney, from La Vega to Wil-
liams, dated May 5, l&W. The authenticity of
this paper rests upon ii(i foundationol'legitiinaio
e ideiice. It c n not be eonsid-red n pitches-
«!!!" thf "."'J v ' !•" of a record nor of h
copy fonin record. It is ll"t shown tint* toe
laws of 'l'evns required it to be recorded;
and without such a requisition it could uot be
innde, in legal acceptation, a record, by the
mere will or act of a prirate person. This pa
per does not appear to lmve neen placed o t re-
cord ; and if. iu truth, it had been recorded iu
a prop r legal sen"e. mill there is no copy inid
liave been tak> a from a record, or cert fled by
any legal custodian ot the record or of the orig-
inal document.
•' It ha been ssen that this document is nei-
ther a record, nor a oopy from a record. The
Ittii.'tingc of the instrument, and that of thecer-
tlficate of Ooimal s, alike ediitr«d:«t any such
on ioiii ion. The certificate declares it to be a
copy of a p. Irate paper, and nothing more "
' '• The irreguhmt es connected with this al-
leged power ot att'trney seem lo me ton during,
and tooobvhm ly lia le to gros* abuse, and
tend too strongly ti injury, to lie tolerated in
emir** governed by correct and safe rule of ev-
idence.''
Judgment was rendered in New Or-
leans iu favor of the plaintiff ill tho suit
of Ijttpsley vs. 8pencer, as I have sta-
ted', on the 30th of May, 1856. After
the decision of this suit, it appears that
in another of the Lapslcy cases, remain
ing «in the docket, vi : Lttpslcy s
Mitchell ánd Warren, a commission
was taken out by the defendant to take
the testimony of Thom s de la Vega, of
the La Vega grant, and of Jose Cosme
de Cantonado, the distortion of the or
c!ilvcs at Saltillo, with reference to the
power of attorney heretofore so fre
qtteutly referred to, which purported to
iiavo been froin La Vega to Williams.
Tiiuao deposition* were returned iu
Mt*rob, 1857. Iu that of La Vega, the
I HJ.J.ÜI
N O. i.
such paper us the power ; and iu thut
of Custenado, the custodian of the ar-
chives, the deponeut swears that the
alleged power of attorney was
"8 gned only by the nlonMc. D m Jttln Gon-
zales mid l)on Jose Maria de Anuirre, and not
bv Don RaHel Agillrre or D a Tomas de la
\ eg*, or the as. nl ,g witnesse-, wlierelo o i|i«
said documentcan be of no effect; and that hi
vt rifleatlonof all lh«t he lies «tuted, lie rel rs to
the original dictum nU, which wiit inthu archi-
ve* tindi r his charge."
This was the first public declaration
made from Saltillo of the forgery of the
document. Now, suddenly tho case as-
sumes a serious and startling aspect,
and strikes dismay and terror into the
ranks of the conspirators. Orders had
been left at the court at New Orleans,
that immediately on the receipt of the
depositions ol La Vega und CastenuUo
there, tlint copies should be sent to Gal-
veston There can bo no doubt, how-
ever, that the partios claiming under
the powor of attorney and represented
there, know very well what the import
of these depositions would be. Is it.
indeed, to be aupjHised that they, with
a property worth $300,000 at stake,
which depended on this very muniment
of title, should have neglected wholly,
and lor so long a time, to examine the
archives ut Saltillo, and inquire what
was of rccord there ?
The storin had burst, and the conspi
rators, in dismay, aro compelled to
face tho loud denunciations of their
guilt. Now they have to meet the
brunt of tho battle. The day of discov-
ery and retribution has come ; anil col-
lecting together, sorrying their ranks,
summoning all their resources, they pre-
pare desperately to resist tlie judgment
that has overtaken them.
Now it is that Judge Watrous Is oh
served to call to his aid all of his con-
federates. Now it is that the whole
crrpt dramnliqut is summoned on tho
stage for the tirand catastrophe. Now
it is that the Judge calls upon his con
federates to stand by him, und to re
deem the prices of his fuvor to them by
the most unscrupulous of means, and
most desperate of services.
Thus it is observed that the first step
of the startled plotters is to gather
around the Judge, and attempt to pro-
tect the groat h-jad and front of the
conspiracy. It is observed that in at
tempting tho desperate defense, they
hesitate at nothing. It is observed that
iu seeking to cover the Judge, they
expose themselves to new discoveries
of guilt, and sink deeper into the mire
of falsehood and IVaud.
It will be instructivo to note the parts
which tho different confederates ol
Judge Watrous tuko, and the length to
which they go in seeking to establish a
defense for liiin. To com meneo with
League one of the closest of Ins coufcd
crates when examined iu the course of
thu Watrous investigation, ho strives
to make it appear that when tho copies
of the depositions taken at Mexico were
received at Uulvestun, he had repeated
conversations with Robert Hughes iu
ielation thereto ; but that Jtnlgo Wat-
rous discouraged or forbade j iy con
vernations with himself on tho subject.
I will hero read some of the passages
from thu testimony to this effect:
Qtuition (by Ib i Chairman.) Yon spoke of
han ig l eech ed a copy of a dep isltion from the
el rk at New Oileaus. Yoa received thut iu
O ilveston T
Amirtr. Yes, ilr. It was sent to Judge
Hag ie* nat me.
Quei'ion. Was Juilgo Hughe* In Galveston
at Unit inie ?
A'infer. I think he «'as.
Qucttion. What time wan Ihnt T
Anncer. It must have been la the month of
April 1 «57.
Qiit.'tio:\. Yoti are certain that that commu-
nieat on was seat, to Judge UaghesT
Amwtr. I think It va«.
Question. Whom did you consult as to the
propriety of g-'ing to Mex co f>r ( o izili< ?
Aniwtr. With Julge llujh . I might have
mentioned it lo Judge WíttiotH. I think 1 did :
lie called; I'M loh'ntvtr Ttttemii'ed to i ty anything
to him he would repl.if, "go I o Judge Ilujhti ; /
¡¡'•ve nothing to do mith U. '
dajjonent degiee ef«i having «igfted aoj- VMWfi ffc# jopltic
A copy of tile depositions taken In Mexico was
sent to J.l'lge Hughe1! Mje. Iltghe* -tntfw me
inunedi Utl'j, and read it oeer. iioltie of itwiuin
Spanish; tint lie made It out.
Question. Did yon lake from Jndjt Unjhr$
any c-.ipy of the deposition* taken m Mexico,
impeaching the power of attorney 1
nfuer. 1 took the lubannoe, but not nn
xact copy.
Quention. You noted dowa on papor the sub
stance ?
Amice r. Yes. I noted it donn. and submitted
it to tny Alabama friends.
Question. Did you note that from tho depo-
sitl n-t b 'lorcyo i I
Judge Hughes noted it.
Question J odg; Hughes put upon paper th"
siin. tiiiiee ni t ib testimony tak-n in Me* cot
Anncer. Yes; and I lliiiik that I ndJud lo it
f.imet 1 tg.
Question. How much space d d the st iteinent
occ.ipy upon paper?
Answer. I can uot. recollect. Nut a great
ai
tl'testion. Did you lake that paper to Ala-
ba ni t I
Answer. I d d.
Now, it appears, in relation 10 the
testimony of Hughe* himself, that at
the time of tho alleged conversation at
Galveston, referred to by League, he
(Hughes) was uhnenl from liu hnt*t nt
(Jalnetltn; that tlieso two gentlemen
could nover llave compared notes as al-
leged at tho time f reuniting the depo
sitio'is ; and thut the first time that
Hughes hud ever seen the depositions
was In August, three month* after
League alleged to have ben in confer-
ence with him on tlie subject of tho
powor of attorney. Here is the tosti
moMr of Hughes, establishing these con-
clusions beyond a doubt:
Question. When was Uale employed In tUc
est" ' hspsley vs. Hpencer!
Answer. 1 uo nol kuow, certainly i ' was ofc
ms' from hams whin information iros rfnved qf
' Tenutt (h la n¡fo.
ii infornwt of
l Ti# |{>0WB
Hst from horns ichm informatio
*<• taking of the deposition of 1
imMsHo } whan 1 returned I <
lo me. and f was Informed that Mr. Hale had
been employed to aft-Ul in ibe case. Ii was a
►hort time alter It bad been taken—two or three
months—that I received Iniormution of it."'
••■•••«
Question. When did you first teu Ibe dcposl-
t'on ot Tomnsde la Vega?
Answer. I saw it at the time I spoke of,
ah ii I returmd home sometime last summer,
and when, us I said before. Mr. Hale was em-
ployed ns asi'itant counsel; that was the lirtt
time I taw it; that was a k or t n days Ixtlhre
the election ou the llrn Monday in August."
Mr. League has unquestionably con •
ni i tted himself in that part of tho* state
incut which I have quoted, it aeemed
to be a strange and impossible hallucin-
ation that he should mistako conferences,
which lie undoubtedly had with Judge
Watrous, on the subject of theso depo-
sitions, and of tho best means to de
feat them, as having taken placo witn
Robert Hughes, unless be regarded them
as Siamese twins
The most glaring contradictions ap
pear in this man's (League's) testimony
us taken from day to day before the
Committee, exposing his desire uot to
much to develop the truth ns to shield
Judge Watrous, the great head nud di-
rector of the conspiracy.
In further contradiction of the ntuto-
incut lie had made of conferences held
exclusively with Hughes, it appears on-
ly that Hughes could not have been a
ptrty to such conferences, but that
League did actually converse and con-
sult at the time named, personally, fully
and intimately, with Judge Wulrons
himself, on the subject of thu depositions
taken in Mexico. The fuct is drawn
nut of him, on an examination some
days subsequent to that on which he
denied having conferrod with the Judge
on the subject, that he, the Judge, ad-
vised that he should go and consult the
Alabama partios relative thereto.
With respect to this advice, I may
make a singlo suggestion. There is
but one course that it is probable that
honest men would have adopted, in nn
alleged discovery, such as was Commit
nicated to Judge Watrous and his con-
federates in the depositions taken at
Saltillo. Supposing that these parties
had no previous knowledge of the fact
of tho forgery of this power of attorney,
would they not naturally and immedi-
ately have sought tho archives for in
formation and evidence, where tho orig
¡na! must be, if any strjli existed ? This
would have shown an honesty of pnr
poso. It is uow to be seen what course
they do adopt, other than that which
was natural for innocent men to take;
and 1 beg the especial attention of hon-
orable Senators to this point, that they
may determine whether the course of
tho parlies evidenced or uot un honest
desire to arrive at the truth. League
goes'to see tho Alabama gentleman at
the suggestion of Judge Watrous. He
sees Lnpsley at Solina; and the onse-
¡uenco is, that L'tpsley gives him $2500
to enable him to go to Mexico and "pro-
cure" testimony to sustain the alleged
powor <if ntiorney.
Now, it is evident that Lnpsley, who
professed to be very careful in his ne-
gotiations, hud exacted from League
it warranty of title against the partieu
lar risk of the validity of this power —
League was roputed to be worth some
soVetlty-flvr or onu bund red thousand
dollars ; and his warranty was the only
security the parties had by which to
save themselves. He goes to Lapsloy.
and tells him, in substance, "new.) has
reached its that I am liable to you on
the warrnnty." What does Lnpsley say?
Does ho say "I entered into I lie fruiis-
action believing that everything Was
bi.na fide. I will have nothing rnoro to
do with it; and must look to your war-
ranty 1"' No such thing. He says ; "1
re hi aso yon from your warranty " Hi'
gives up and reno it neos the only clmnce
which lie and the parties he was to re-
present had to save themselves; but
not only this, he gave to League $2500
to pay his mileage to Mexico !
Ouo other circumstance, t m, is sug-
gestive, iu relation to this warranty
against the power of attorney, the link
in the title from La Vega.
In Mr. L vpsley's testimony, it appears
th'.'.t it ¡Uní been greatly urged by Judge
Watrous at the timo of the conveyance:
that Loagiio had hesitated to sign the
warranty, and that Judge Watrous had
encouraged and pressed him to do it,
saying ; "You can sign it with perfect
safety, Mr. League, because 1 am satis
lied myself that tho title is good.!' Yet
the warranty, when so urged, and about
which so much anxiety was then mani-
fested, is found to l o released at the
very timo that tho validity of the link
of title for which it was given is called
ill question ! and without which, Laps-
ley snid, the bargain would fill through
1 will observe here that in all that 1
have stated of the circumstances sur-
oniidiug the alleged power of attorney
from La Vega to Williams, to stdl the
laud in controversy, 1 have not designed
making any attempt to prove this ilocu
meat a forgery. That, I think, is indu-
bitable. But my object has been to
show the part taken by Judge Wutrouv
and his agents to foist a forgery upon
tho poor settlers they were seeking to
defraud. To accomplish this object, 1
now proceed to a continuation of the
narrative, rosuiuiug at the poiut where
League returns to Galveston, liaviug
been furnished by tho Alabama parties
with means lo prosecute their designs
in Mexico.
From the printed testimony in the
Watrous ease, it appear thstUio Judge
was fully acquaiutud.X f - League with
the communications ana results -of bis
uttrvtew with tW Alabama usmqí*!**.
employment of the services «if Wu> 0.
Hale in tho cui'rgeucy. They are ac
coidlngly sccured ; nd not sooner o,
limn Hale calls to his aid JohnTreaoor,
to undertake the moat unscrupulous ami
desperate scheme for the fabrication of
evidence in Muxico, to suit thoír pur-
poses. Here, it may bo observed, are
again introduced upon tho stage tho
two parties who were united as princi-
pal and agent In the Cavaxos case, to
direct tho suit by their affidavits and
their collusive management, in which it
appears that by the Judge lending
himself to tho scheme, they had been
successful. Treano-, the man branded
as one "without character or standing,"
is prepared for a trip to Mexico, to pro-
cure on tho best terms such testimony
as he can, to sustain tho power of at-
torney ; he is joined by League, and
Francis J. Parker, a clerk of Judge
Watrous' Court
It will be profitable to rovlew tho an-
tecedents and relations of this man Par-
ker, as it will bo found tliat lie fignres
in several important matters of fraud
and chlcnnery, conducted through Judge
Watrons' Court. It will bo recollected
that reference was made to an oider en-
tered iu Judgo Watrous' Court for the
exclusion from tho regular panel of
jurors of tho citizens of four counties
lying on tho Kio Grande. From the
marshal's returns In the comptroller's of-
tico it ippears that this order was strict
ly carried out, until January, 1850, wliec
it is discovered that it was violated iu
returning Mr. Francis J. Parker as one
of the regular panel, ut Galvoston, and
that lie was the only citizen from the
Hio Urandc summoned in the face of the
order, and with regard to whom the
marshal had departed from the rule of
tho Court.
Now. why wus Mr. Parker "selectodf"
Wliv was ho selected " two or throe
times?" An answer may bu suggested
by slightly reviewing the relations of
this mall to Judgo Watrous, who was
deeply interested, at least, In important
questions pending in this Court
Parker was, in tho first place, the
deputy clerk of tho United States Court
it Brownsville, over which Judge Wat-
rons presided. He had also been ap-
pointed by the Judge (Jnited States
It -r$S tie frit* wbtf tbe
Commissioner for Browusvillo ; and is
ii'iw^an itinerating commissioner on his
mission to procure testimony in Mexico
for the establishment of the forged pow-
er of attorney. It will be recollectcd
that F J Parker Wu« selected tor jury
service in this Court. Edwin Shearer,
also a deputy clerk, had been placed oil
the jury in the Ufford and Dykes case.
The progress of this man Parker, in
acts of service for Judge Watrous, is
next traced in his participation in the
attempt made for the Judge to prove up
tho forged power of attorney in the
Lapuley canos. Ho appears to have
been tho selected custodian of this pre-
cious document, and to liavu accompa-
nied to New Orleans thu witness who
h id been obtained at an expenso of
$8000. i
Still further ho may be traaed, doing
Judgo Watrous' work, until at last Im
comes forward as witnsss for Judge
Watrous, before tho Sume me Court of
tho United State*, to sustain his Honor
in his net of corrupt oppression, in de-
priving ^(ussina uf his uppeal in theCa-
vuzos case.
But I will now rcvurt to the course
taken by the parties, League, Tréanor
and Parker, in their mission to Mexico,
with rospect to tho powor of attoriioy
Tho three proceeded together as far as
Monterey, about seventy miles from
Saltillo ; and from tho former place, as
if the movements of tho party wort
again determined by the old anxiety to
avoid notoriety nnd attention, Trwtnor
proceeds alone to the sunt of operations,
On reaching Saltillo, it might bo sup
posed that lie would at otico have con-
sulted the archives in relation td the
power id' attorney. But instead of ex
iiibiting an honest purpose, by proceed-
ing at once to tho archives, and com-
paring the copy which ho held with the
;;¡'¡iji a!, directs his steps, first to the
house of Gonzales, a former bloado of
the place, an old mail, partially blind,
ho exhibits tho important document to
liiin, and prompts liiiu to give an opiu
ion of its genuineness. A quarter of a
eentnry had elapsed since the document
pui']Hirts to 'have been made. The old
man naturally suggest* that ho will go
to thu archives—of course, to examine
the original. Mr. Treanor's reply is,
that lie does not wish this ; and sug
■rests as a reason' "that the proof was to
be taken, not for a Mexican, but for an
American Court." Subsequently, lie
(Treanor') does examine the archives ;
he goes tliere-aloiio ; and it appears, for
another purpose tlmn that of examining
the original of this power And iu an
swer to the inquiry, if be had found any
thing there ooi rescinding with the copy
oí leitim^nín which lie held, and whether
lie compared thfin, replied : "I compared
thctfl nnl rerv jyirti/ular/f, but I Saw they
were very nemly tqu.nL " Not v«ry par-
ticularly. Why not ? The waller of
this power of attorney was the solo ob-
ject of hi* mission to Saltillo. "Nearly
equal" tu tho IttUmimio.
Such is hi* testimony before tho Com-
milieu of invcsturatioii. Strange, in
deed', tlint Judge Watrous and his as
tute counsel did not think proper to ask
tho wilirew (tlieir witness) in what re*
spect thu original and the Imlitmniu dif-
fered .
The prt'iofs of the forgery were too
plain Trcauor did not dare to take
tlie deposition of oM Gonzalo before
tftf It ftliliti*. U to re
caso, according to the law«
officer taking the deposition would
have been required to give notice to L*
Vega and other parties, whom it was
his objcot to keep iu niter ignorance
of his machinations.
If thcreforo bccamo necessary to 'ifri
Gonzalos awoy. But ft was found the
old man was not willing to leave. Here
Hewitson, who resided st Saltillo, who
had, by s deposition of his own, at GaU
veston, sustained this forged document,
and who, it has been shown,was a gen-
eral partnor in the system of frand (halt
out through the machinery of Judo*
Watrous's Court, is found to intervene
to effect the object of Treanor's mission.
It Is eventnally, by his persuasions, and
by that of $500 in money,that Gómale*
is induced to accompiuiy Treanor,six or
seven day's travul to Uio Grande City.
Gonzales was got as far as Rio *
Grande City, his deposition was taken
tx frtrtt. Lvagne was bent upon ma-
king the most of this old man's testimo-
ny, to obtain which, it fs proved, he baa
paid him at least $1300, bosides his eg>
penses, and was desirous of taking tht
old man to New Orleans, at it said, to
teatify befan lit Court then. Mr. Trea*
nor, fo? whoso able services it ia siso
proved that League paid $1860 over
and abovo his expenses, and further
sum« not revealed; Is appointed to pW-
vail upon Gonzales to go to New Or*
leans. League assists in the persas*
sion by decoying the simple old manyas
he himself states, by pictures of the
•' progress of civilization," which lis
would see by nn extension of his trav-
els to Now Orleans. It appears, how-
ever, that tho payment of seven or eight
hundred dollars additional,which League
said waR to compensate the old Mexican,
who was a tnnnor, for some hides left In
his vats, proved moro powerful in indu-
cing him to go to New Orleans than the
alluring picture of " civilisation " with
which lie was promised to be amused.
In his testimony before the committee,
League says that lie proi.iised tl«e old
man, if he would go to Now Orleans,to
showliim "a steamboat and a railroad."
By a vory wonderful coincidence, just as
lie was using his persnnaion, "the steam*
bont came puffing up towards Rio Grande
City." " How prolty I " ho said; " w*
can go on thut boat, and bo taken to
New Orleans." But old Gonzales cared
moro fhr (ho hides, either absolutely or
constructively, in hie vote, than/or tak-
ing " pretty " tours on " paBng atoan
boats" Mr. Leaguo then tries another
temptation, by offorin; hint ncven or
eight hnndreu dollars in tho shape of
compensation for Ills hides; and "by that
meuiis," says Jr. League, iu his testi*
mony, " we got him to Now Orleans."
It is worthy of remark what boldness
is displayed In tho actions of- L'nigae and
Treanor. in attempting to assert the va-
lidity of this power ot attorney on tho
personal testimony of this poor old mau.
Who is Gonzales, that his doposition
should have such valuo ? Uo is with-
ont official station; he is the custodian
if nothing ; without judicial favor, hist
oath can amount to no more than, auj
othor ordinary person
L> ague, Treanor and Parker proceed
with the witness to Galveston! Thus,
it appears, he is brought to the resi-
dence of Judge Watrous.Robert Ukighct
and Wm. 0. nalo. It appears that
Gonzales Is not sworn in Galveston ;
hut ho is put hero in charge of Robert
Hughes, who, in oompany with Leagoe
and Treanor, carries him to New Or-
leans. In the testimony of Mr. League,
from which I have just made somo quo-
tations, ho makes the profession that
his object in getting Gonzales to New
Orleans, was to introduce liiin. be fort tht
Court as a witness. But this is .not
dona. The witness is taken before a
commissioner, mid makes another depo-
sition; thus leaving without explanatioa
the cause ot tho removal of Gonzales
from Saltillo for the purposo of taking
his deposition.
On page 461,of the printed testimony
irt the Watrous case, will bo found! the
deposition of the witnesa Gonzales. (Do
the examination in chief he inakcaout
a pretty good story, and shows evidence
of careful drilling But the crose-examr
¡nation which ensnes reveals tho most
moluncholy and painful case of (tepravi-
ty that is conceivable,
It Is only with feeling of the strong
est aversion thut we can contemplate
such an example of opon falsehood, nnd
glaring and painful contradict!ons in the
testl/nooy of u sworn witness. It is
only on tho cross-examination that the
fact is drawn out front tho old mun, on
presentation of tho power of ntiorney
to him, that ht cm nol read it. His sight
is so decayed tlint he lias to ocknowl-
odgo that lie could not read the writing,
unless drawn up in lutt< r* as largo a*
those on a street sign, which was poin-
ted out to liiin over the way.
(QnchnW n*ri wtk.)
Grimes —The Baptist informs ns that
the climate of Texas ii laid to be emi-
nently favorable to consumptives,
The Baptist states that a demand for
substantial litcratnro, and especially
for religions bo"k*. Is fast increasing in
Texas, and book stores are loudly oaf-
led for in many oí tho mora important
towns. . ■ .. t
Res I,—Henderson is still improving,
nnd a new energy sceius to have bseff
instilled liiio tlieir population, and aQ-
tivity charnoteriZ's ovo-y branch oí
trade ánd industry in the place.
brajoma.—The
of the 1st stal
and the steamer
arc lunaingrejpTatfy to
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The Southern Intelligencer. (Austin City, Tex.), Vol. 3, No. 31, Ed. 1 Wednesday, March 23, 1859, newspaper, March 23, 1859; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth179994/m1/1/: accessed April 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.