The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-08-18

VT signed by the Spanish consul, asking for con.
tlnuance for ten days, until intelligence could be
received from Havana, when he expected TO prove
by authenticated documents from the American
consul at Havana, that Rey, aAas Garcia, had left
voluntarily, and had refused the protection of the
American consul.
Mr. Hunlon conlended that il was no ground for
a continuance. No authenticated documents of a
| consul can be used IN a criminal case Ii was the
| fundamental principle Of the law that the witnesses
should confront the prisoner face to face. The
defence seemed TO exaggeIale the powers of con-
sui. Gen. Campbell's certificate could be Of no
avail in this case. The certificate of the President
OF the United States could not be of any effect in
this case. He further urged that there were no
good grounds IN the affidavit for continuance.
Mr.. Foulhouze replied, and stated that the Span
ish consul had no reply 70 make to the IT, s. Dis
trct Attorney. He knew his social position before
The world, and would submit to the law.
| Commissioner COhen.--If these documents could
not be read in evidence, there would be no use
granting the delay
Mr. Collens then argued at length that they
would be admissible in evidence, and that commits
slons had been allowed To take testimony in crimi-
nal cases. The gentleman cited the case Of Horns
by, IN 9th Rob. Rep, to support his position.
MIR. Hunton considered that the fact of a certi6-
cate coming from the American consul that he had
had conversation with Rey, and that Rey had ex-
American consul, would be preposterous to he Of
tered as evidence in this case; that such document
could not be received. Mr. Hunton then read au-
thorlty showing that the consul had no judicial au-
thority, but that his powers were closely confined
to civil matters He was the mere commercial
agent of his Government. Mr.. Hunton would
ask If the certificate of the American consul would
be evidence in suit involving the title to house
and LOTT
Mr. Coiisns.--Certainly not
Mr. Hunf0n.-Wel, then, if it would not be in
the case of house and lot, would it be in crmi-
nal case' [Great laughter.
Mr.. Collens here read the cited in 9Th Rob.
Reps, where the court of errors decided that
commission would issue to take testimony in
criminal case.
Mr. Dufour contended that if the party intended
to take any deposition, they should PROFOUND in
terrogatories, and give the prosecution chance to
put ACKNOWLEDGEMENTS But statement Of this
kind was contained in the affidavit, and il was now
too late for the defence to avail themselves of it
and, therefore, II was no ground for continuance
Mr.. CoIlens argued at length the right to take
deposition out of the State and cited the case of
Munroe Edwards, who, in the State of New York,
was allowed to take dispositions in this State and at
Havana. He did not, however, wish to take the
deposition of Rey; it was merely the declaration
of the American consul he required, to show that
he had conversed with Rey, offered to protect him.
This was an act of Government officer which he
wished to bring before the court.
Mr.. Hunton.-Suppose, Mr.. Collens, that the
American consul was to certify that Rey told him
that he was handcuffed, gagged, and carried to
Havana, would it be good evidence'-[A laughl
Mr.. Collens.-Yes, sir; it would be good evil
dence and if Rey had told General Campbell SO, he
would have been sent TO the United States, and he
would now be here. Mr.. C. further argued the
point at length.
Commissioner Cohen remarked, that if it could
be shown that the certificate could be read in evil
dence when received, the court would grant the
continuance; but if not, it would be idle, and all
nonsense to allow it,
Mr. Collens here read the authority at length,
cited in 8 Rob- Reps
Mr. Hunton read from Gordon's Digest of the
Laws Of the United States that the certificate of
consul, TO the effect that person about TO leave
for the United States, would not be good in evil
dence He commended that the certificate of Gen.
Campbell, that Rey had voluntarily left the United
States, could not on the same ground be read in evil
dence .,
Mr. Larue read from French work on the
powers of consus.-[Here some of the opposite
counsel sneezed and laughed. THE gentlemen may
amuse themselves as they please with my French
the witness did at their Spanish.
Mr. Hunton read from lngersoI's abridgment,
and contended that consuls might take the decara-
lions Oh htucrlCdn CluZenS out not citlZens
The debate was closed by Mr.. Coens in a
speech.
The court decided that il was very doubtful
whether the declaration could be read evidence,
but il was willing to give the benefit Of the doubt
to the accused, and grant the delay of ten days.
serving the right to exclude the document when
received if the court should be of opinion that IL
not relevant.
Mr.. Hunton anxious that the case sh oud
come TO close. He willing to admit the docu-
ment here, and proceed with the case. He
would admit the declaration, but he still objected to
its admission in evidence.
The course not acceded TO by the defence.
The court then said that, supposing the docu-
ment now laid on the table, the question was whe-
Their it could be received in evidence The court
was of opinion that il could that il would go only
for what II was worth.
Mr.. Dufour then proposed that the argument Of
the case should proceed, admitting the document
in evidence and il then the document arrived. and
the court had decided the case, the should
then determine upon its admssibility in evidence.
This proposition accepted and agreed to.
and the testimony being closed on both sides, the
court adjourned TO hear the argument Of the case
this afternoon at 5 O'Clock.