Ward Hunt

“ The question of fact lies at the bottom of the case. If it should be held that aliens may inherit, that would be of no influence should it be decided that the complainants are not the children of the man who called himself Tomas M. Hardy.
Should it be held that the defendants are not innocent purchasers without notice, or that, if such, that fact does not constitute a defense to the action, we should make no step towards a conclusion, unless we also decided that the complainants were the children of the man entitled to the grant. ”

“ The evidence of Lindsay and Gillespie, which we have thus considered, and the evidence of Thomas Hardy that he received a letter from John Hardy, postmarked 'Monterey,' which we have also considered, are the only pieces of testimony in the case that approach to the character of direct evidence. That they are not very direct is apparent, and that they are not entitled to any considerable weight we have endeavored to show. ”

“ It is given by persons in Canada unskilled in the subject, but who, from relationship to John Hardy, or early acquaintance with him, seem to be supposed to be especially qualified to speak on the subject. Some men are called who claim to be skilled in the subject of genuine handwritings, and who have experience in comparison of handwritings. No intelligent court should be willing to base a judgment on evidence so little satisfactory as this evidence is as given in this case. ”

“ The question of fact is the identity of the two Hardys described in the evidence, or rather the union of the names of John Hardy and Tomas M. Hardy in one man, and that man John Hardy, the father of the complainants. ”

“ In his prayer for the grant to the Mexican government, which bears date of September 20, 1843, he certifies that he was then established on the frontier of Sonoma. The Hardy on the Cyane, at San Diego and Los Angeles, and who wrote home from Monterey, if any one did, could scarcely have been the same man who made this petition, and received the grant, and lived during all these years on the Cache creek. Other witnesses speak of knowing a Mr. Hardy, in the southern part of California, in 1844, 1845, 1846. If there was such a man, he may have been John Hardy, but he was not Thomas M. Hardy. ”

“ If we suppose that this conversation and recognition by Lindsay occurred at the beginning of the year 1836, the difficulty seems to be equally great. He conferred with Lindsay about his pursuits and employment, and was advised by him to go into the country, and pursue his business as a hewer, where he could obtain good wages. ”