The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-07-28

lentg wish 10 give Tebuttng ev dencC let them do rs but
that knd Suppose witnesses swear white and
black, you q who have told the mh AIi yoe 70
take The pro and and lay who have told the rear STORY
Mi M. M CoHEN u s. Commiusioner. here appeared
and requested by Judge Bright to with him upon The
case MI Cohen aasntsd upon the request Of the counsel
for the United States.
Mr. Prsauz presented to the Commissioner the szeqatur
Of the Consul.
Mr. Warfsld-I desire to address few remarks in the
discussion rsaye to this affidavit so far as legal evidence
That q the sole question for the e9nsdsaton Of the C9gIs
s e9ansei nave referred q Aot io approved esq
Ffo.eeutonG We rely upon the legal deoiaionl IN regard
something further brought forward The matter Of the
eeepsed not having an opportunity to list Of the Wit
eight hours before the ra and twenty -four hours sooner
than our opponents furnished list Of the witnesses lor the
M Prsduz-I deny any impuiaton against the counsel
pass on pasliOhate in tins matter 1t the passion Of
honest ind gnanonthe fRyion Of one seeklpg Justice
position the most annoying and iTksome-you attack his
enable him show that this whole matter from beginning
70 end has been no violation 81 the laws Of the land You
who would not feel decentralization at such pro-
M Rarfeld-Is any continuance a-ked by tho Consul
Mr. Predur-l did not interrupt the gentlemen who have
spoken on the other side not passionate not TO
command myself have listened with patience Others
SIR no continuance is asked by the Consul bat we
enough Of those matters have answered le charge Ofim
puianon Now, word 70 Mr. Reynolds M[. Dot9pr says
that the prosecution was not appauded but the noble Ian
gnase uttered ~ Nc Reynolds Like, that gentleman,
and Il believed tbs had been done IN the present case
would be The last one defend IL Applause should not be
now-wait patiently for the end, The prosecution should
be mole cool than The defence There more honesty io
witnesses we have enumerated orr affidavit admit ave
out Of the state could have had subj 9nas issued for
them without this notion We expect to get them back IN
Is there no certainty in this Twenty days. is not that
Fixed tmel If thsis notUenainty know what 0erisin,
Y IS we expected today news from Havana which would
laV87ma1p
are on board vessel belonging 10 this port her ciew are
from New Ohesns and yet doubts are thrown upon the
vessel eVer arriving at This city Gaea wall state too that
al thlIumoT IL aiseI pledge myself TO that zoe sear e.
IhS Is called meie examination when on the morrow tae
pune press OF the CITY VIII puhs 10 the world Our rep
uauon at issue and esk IN the name Of JUSTICE N the
name Of humanity, for this continuance. show respect
the laws Of Congfes show Justice to poor Garcia whose
brought here in the light of an accuser Twenty
days we ask, and is that too much Ogve men to prove their
Mr WqEfeld.-IIimit myself to quoting authority, and
read from Whanon's American Criminal Law Book s,
Mr. Coisns-In this examination we are anxious 10 have
so plain that cOntTOve the evidence offered
We do not wish proceed now We will not risk having
winter we want iul. fair and truthful investigation;
ana Wl now say that the counsel or 81 Dc tspana also
July stated the grounds The public have been excited and
aud give the facts. We only want delay to show ths
Twenty days quarantine Is required Havana, and we
for the prosecution ask for authority will reply by giving
the history ofthe veiy law that he has quoted.
The counsel here cited showing that defendant
State The Judge stated that he Shonle be within he urs
dicOn OF the court and refused It that ground The
defendant tried, convicted and appeal was taken 20
the Cout Of Eo and the eonyeuon was set aside on the
ground that all statutes relied upon the Constitution and
that instrument decided that the Judge wrong. He
then quoted the Common Law, and read from
Chnty, LIST vol. page 49, lit seems more reasonable that
SRS e s s depend uR9n ne gums % Of he ease
been committed We guarantee that this shall be done.
wrong shout be attributed where wrong does appear
Capt Mcconnell will stand here 70 take his uia with the
viii p
turns ssk now bst The affidavit Of he eoapsel be also
filed with the Others to have this cause continued
sr. DuJONr.-t make this proportion to the defence
We have thirty witnesses in Court for the State jet
1 go on with their examination, end then adjourn the far
mr. F6aito1i,s-No; there sno use Of this. When our
witnesses sruve the examination will be found unnecessary
we do M want an erDate statement % have b1bs5ed t6
morrow in papeTn the city and thus assault The
Mr. DEJon1.-i submit it 10 the Court
An interim Of minut occurred enable the counsel
to make out affidavit for Sr. de Espsha.
Mr.. Wartfeld resumed. II have but one remark Mr.
Colens quoted general law. Chitty sugtsins me-
The affidavit Of ST. de Espaha was then read as follows
Carlos de Espaha, Spanish Consul, being duly sworn.
the preceding affidavit he IS not prepared this
atss on his behalf and maj he has used eyery diligence
obtain the prompt return of said witnesses; that within
ton Of Garcia alas Rey himself taken before The American
Consul, By which will be shown that the alleged
10 have bsen WrOnged Tepndatez this Prosecution and s
free and has been pardOned By the spanish authorities and
tndL ne departed lo havana OF VIII and
the Captain Generals Oics and will further appear from
DepoBent further lays be has used due diligence BY writing
to Havana By every opportunity to procure said document
this affidavit is not made for delay but for Justice
Mr. Hutton the case of the consul IS my daty to
the application for continuance So far the
derssnd the dutg Of the examining Court to be this
to pronounce upon the guilt or innocence Of the accused
on do not convict nor dc you dpgace You merely say
there Is sufficient cause g call party 70 be tired by aiu
70 show the duty Of examining magsIaes and that they
can continue rom time 70 time an Investigation
What IS here proposed by the defence Not that you
sha take testimony in part but walt for the whole OF the
witnesses If, alleged tune is wanted to complete the
nsd tins, taI he RspoeS viii abtsip from me- Tano1n
ps he eSamnstoa Of me case Thee should be pStb
ing 70 infams public feeling cannot think that reports
Mr.. CoL,eHs bdng further authority in defence Of the
motion; Page $50 Chtty-a note
NJ HaRtoR -What say you 10 the partial examination.
.Hr CoieHs We refuse and await the decision of the
Mr.. PreGHI.-Ths proposal has been made before. We
Judge Bright.-We have decided that the examination
OF the Witnesses now present shall proceed.
ieced tol
The Count then qualified j. W. Wanton as Interpreter,
and the Witnesses were called.
JOSE MORANTE. In Spanish interpreted 1Witne1s
sides IN FenchmeH street manufacturer Of chocolate
at No 81 St. Ann street Lloene requested him night
to let Rey and live in his house. Ayala and Loente
came to his house St Ann st. right aud taking wit
dsQe asked MN 10 pc EC0a enough
unfortunate man In difficulty. That Rsy a segar
store the OF Gayer and St Charles Streets and
that he appehens that he would be POISONED The
witness then eped that if Rey had o0mmted no guilty
ACT towsIds the United States, be willing to receive
him. Thew then returned to where Ayala was aud Lie
rsute oapnlng his hand the witness shoulder said 10
Ayala Did not tell yon that should meet with good
friend e. On the 9Th OF June last LlOene brought Rey
10 lha witness hsuse. He twcs SCH when there
during this time On the 18th of June he fell sick for the
first lime he second time between the 24h and 26h Of the
same w9Rth ". MAI wines family physician attended
him When ake4 sick the second time, witness sent
tof Immediately. Witness came back and found Rev
Jung and suffering under severe danhea hey thought
that he had been poisoned Rey lodged with wines ate
and dlned with him every day, that be lived with him
espt when lick. Rey had clothing witnesses house.
hey never asked for an money. Rey a small Pana
ma hat he bad silver specaces with four green glasses
LoTente TO the wltness house half past clock
on the day which Rey tt for Havana LOente to
witness that AIaa had gone to Havana, and asked Rey
whether he Ould the Leyee Rey said two or
thfe2 times he couA GO Witness then closed the door
Of his shop. Witness told Rey that Ayaa was going 10
Havana to put around his Grey 81 neck Iorente
asked him Why2' and witness answered that a few days
previous Ayaa told witness that he (Ayala) wanted Rey
to 20 10 Havana TO have him pafdOned and to have him
sell paEdOned. LoFen told Wlnegs that where there were
lhes lawyers no criminal could be defended where there
were three lawye there always that could bet
ter than the Others Hye not Rey since the 9Th Of
july On the night of the 9Th of July he LOrente al
the Eagle coffee house al the Of Condo and St Ann