Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-07-26

Don Augustln lsStamendi, as Spanish Consul
St. Augustine, in East Florida, has been lately re-
''''''~' CoGis foyfHig91ar..
! TWELFTH DAY--wEDNEsDAY July 20
The Court met at 10 o'clock
/ Commodore Porter gave in a document, which
with the permission Of the Court was read by hi.
| Counsel.
| This document, as will be seen by our report o.
yesterday, contained the considerations by which
Commodore Porter had been induced TO waive his
objections to the second charge and it, specifica-
tons. 1t commenced with general waiver ofthe
objections as preliminary measure, reserving the
right 10 resume them In general defence. The
document then proceeded 10 comment on the reply
made by the Judge Advocate
| In this stage, the Judge Advocate took eycen-
ton to the document being reply 10 his argument
which reply prohibited by the decision of the
court on Monday. The Court was then cleared
| Tor delihera;ion or this question.
/ On tie doors being re-opened the decision of
the Court was pronounced, by which the different
Paragraphs which referred to the reioinder Of the
Judge Advocate we're stricken out. The reading OF
the document was then concluded; the latter part
Containing merely request that Commodore por-
ter should he either furnished with a COPY of the re-
jouder OF The Judge Advocate, or should be allow
ed access TO the original the records OF the
Court
The Judge Advocate then proceeded to give in
the evidence in support OF the second charge in the
order OF the specifications.
On the first document being read, which was A
certified copy of letter from Commodore Porter In
the President of the United States, dated April II.
S25. The Counsel for The accused demanded that
the iginal letter be produced.
On this question, the Court was cleared for de-
liberaion; and when the doors were re-opencd, the
decision Of the Court was pronounced, that 10 cerli
ned copy OF Letter was admissible as evidence.
The Judge Advocate then called on Commodore
Porter TO produce certain correspondence which
took place between him and Mr. Monroe, late Pre-
sident OF the United States, in the month of March,
1925.
To Ibis demand the Counsel of Commodore
Porter put in a written reply, declining to produce
such correspondence.
His reasons Tor this refusal were in purport ms fol-
lows The spondence between Commodore
Porter and Mr.. Monroe was private and unofficial;
and 1t asked, by what inqusitoria pow or could
private correspondence be called for By what
authority could correspondence OF this character
be made the subject OF criminal charges How
could unpublished letters be made the subject of ac
cusation? II was contended that the Judge Adyo-
cate was bound TO specify for what purpose he
required the production OF this correspondence, and
TO show its relevancy TO the matter of the charge
II so uld be necessary TO do this; and it would be
still further necessary that he should produce from
Mr.. Monroe his consent Tor the giving publicity to
Inc part which ne possessed oil correspondence.
which & Iarded by all the sacred forms of
confidential correspondence, before the Judge A d.
vocate could call upon Commodore Porter 10 de-
eide upon the propriety OF giving up to the Court
hat part of the correspondence which was in his
pos ession.
The Judge Advocate then put in a demand on
he Court for authority to take the deposition off
Mr. Monroe, on the subject Of this correspondence.
The Court was cleared for deliberation: and ON
The doors being re-opened, its decision was an
nonnced, by which authority was given TO the
Judge Advocate TO take the deposition of Mr..
Monroe, by transmitting 10 him heterogeneous.
together with such cross in,enogatories as the ae
FUSED might desire TO transmit; and that Mr. Mon
roe be requested TO send his answers made on oa.h
before some neighboring magistrate.
The Counsel for the accused then put in re- |
quest that the Judge Advocate be required to fur
nish to The accused specification of the precise
object OF these nterrogatoues, and the point 10
which they would be directed, in order that the sc
'used might be enabled 10 understand the cit Of
he charge which was io'be founded on this cor
dependence, and 10 shape bis into5rogs,orfvs ac-
.ordingly.