Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-08-24
RICH MOND, VA.
Thurrday Morning, August. %. 1919.
TIE ABDUCTION CASE.

Slate # Louisiana vs.. Cart,s de Espana, Fui
gencio Uorente, Nm Eegle, Hen,y Marie ana
James B. NJ. CunNea
The Court during IA sessions of not less Than
Eve hours each, commencing on the 9th day oil
July las, past, and ending on yesterday the 18Th
day of August, l849, have patiently and alten-
lively heard the voluminous testimony of nu-
merous witnesses as we'll on the part of tue pro.
secution as the defence, and the arguments Of
eight counsel, four on each side of the CASE
7 And having carefully considered the same, and
the laws which point out and prescribe the du-
lies Of examining ard committing magistrates,
and the manner in which those duties are 10 be
BY them performed: II Is decided, Not that the
accused are clearly guilty of the assault and
battery and false Imprisonment with which they
stand charged, but ha, the testimony is so con-
Trajectory and conflicting as 10 render it proper
aud necessary 10 be inquired OF BY q jury Of Tho
country. 1t is accordingly adjudsed by the U.
States Commissioner that the said Don Carlos
de Espana give bond with good and sufficient
security. in reasonable amount, that is, i'll the
sum of So, 009, conditioned Tor his appearance
al The next term Of the Circuit Court Of the u.
States, for the Fifth Circuit, 10 be held in New
Orleans on the Sd Monday of November, 1919,
aud in default thereof TO be committed 10 the
custody of the Marshal of the Eastern District
of Louisiana until he shall DO duly delivered by
due course Of law.
Judge Brigh, added the following:
And it is adjudged by the Second Justice Of
the Peace Of the Parish Of Orleans, That said
Henry Marie, Fulgencia Llorene, VIM. Eagle
and James B. Mcconnell give like bond and Sc
curi,y in the sum of 50 500, conditioned for their
appearance at the next term Of the First District
Court Of New Orleans, and 10 default thereof
they be committed 10 tie custody Of the Sheriff
Of the Parish Of Orleans until they shall DO de-
live ed by due course of law.
IA very faial applause followed the decision
MIR. Fuhouze, one # The counsel for Inc
Spanish Consul, offered Tue following protcs.,
and asked hat il be spread on the record:
"UNlrsu STATES VS.. CARLOS BE EsrANA.-
The Undersigned Consu. OF her Ca,ncic Males
W ia and Tor the por, oil New Orleans, bess leave
TO enter his his solemn protest against The right
and powei Of The Unilet States Commissioner,
here sitiDg, 10 investigate this case; 10 require OF
him 10 give bond aud security Tor his appearance
10 answer the charge or in default thereof 10
suffer preventive Imprisonment in The common
jail; aud he further protests against The judgment
or order to said effect, which said Commissioner
has given.
CARLOS DE- EsplSA, Consul Of II. c. Nd.
The Counsel for The prosecution, while COM
menling IN The unusual character OF the appi-
cation to record a protest against iudg inent,
consented 10 its being filed, as courtesy 10 The
accused. and as, moreover, very harmless pa
per- Il was 6led-lhe parties accused gave bail,
and The court adjourned. The New Orleans
press are still divided as 10 the merits OF the case
The Washington Republic makes The following
strong remarks on the subject. Wretched "or-
gan" as it Is, there may be something in its ac-
ciden,al official position 10 give weight to its
statements:
We learned last nigh, BY Geographic despatch
from New Orleans, that the examination in the
case OF Don Carlos de Espana, The Spanish Con-
sui, arrested on the charge OF kid ,aPping Juan
Garcia or Rey, closed on The l4!h instant, and
thai he was required by the Uni,ed States Com.
missioner TO give bail With securities in the sum
OF Eve thousand dollars, for his appearance al
the next term OF The Ci,cuit Court of the United
States. The other defendants were held 10 bail
by the State officers.
For some time past We have been engaged in
the publication Of The testimony taken on this
examination. The great conifariety OF evidence
occasioned an equal diversity oil opinion 10 The
public mind in regard TO the guilt or innocence
OF The Consul; but all have az eed tha. il The
Consul were guilty, more atrocious and inia.
nous outrage upon The rights OF friendly nation
was never perpelrated by any foreign COVER.
We do not hesitate to say, from perusal oil
all the evidecco, that there has been more per-
Jury and yillainy disclosed on this trial than or
dinarily meets the eye or ear Of an Old Bailey
LAWYER. 1, can scarcely admit oil doubt, tina,
bribery 10 an immense amount has been employ.
ed 10 suborn witnesses and induce them &c
forswear Themselves.
We cannot believe in the innocence Of the
Spanish consul. The weight Of credible iesti
mony satisfies US that Garcia was frauduently
if not lorcibly, kidnapped and carried on board
the Mary Ellen. We doubt the innocence bo,t
Of the captain and crew of that schooner. We
believe that Garcia, who left New Orleans with
out single change of clothes, was put on boart
the American vessel, Andrew Ring, nominally
for quarantine, but really for prison; that YES
sci being all the time kept under the guns OF &
Spanish man.of war, so that she could not pos
sibly escape out of the harbor with Garcia or
board; while the fact Of his performing quaran
tine in our A nerican vessel was but trick o
the crafty Spaniard who governs that island, L
induce the people Of the United States 10 sup
noso ,hat Garcia was free. We have not Q
doubt that the confession Of Garcia TO our con
sul MIR. Campbell in the presence of the captain
Of the port, that he came voluntarily from New
Orleans. was an acknowledgment extorted By
fear of death, and that he has long since retracs
ed il. il he has not gone to his grave. We learI
from Havana that the captain general has re
fused permission 10 Mr.. Campbell 10 visit Garcil
in prison, and when we last heard from him ht
was confined on board Spanish man.of-war.
A few days ago. in our anxiety for justice II
| this business, we published the Spanish Consul:
| defence without one word Of comment. The slo
| ~ was aIlfully drawn up, as we now believe, Il
| conceal his guilt. Garcia was kidnapped, be
cause, as the second jaier OF the prisoa al lila
| yana, he had aided in the escape OF Villaverde
Who was confined in a dungeon for high Urea ION
| The Count OF Aicoy has been, we fear, guilty o
aiding and abeuiug in this infamous act. How
much money has been expended in bribing wit
pesses al New Orleans, as we'll as agents ensag
ed ia The abduction Of Garcia, we have no mean
Of knowing. But thus outrage is one to which
lie American people viii not submit; and al
though The Presidcn. Of The United States has re
Gently eync,d 10 The Spanish authorities and Il
the world his determination 10 suppress all under
HANDED and unprnciped efforts 10 seiz. The islant
OF Cuba. vet we know that, when once convincei
that tree man, be be foreign or native has beef
fraudulenlIy and torcty kidnapped in an Anne
rican city by order OF the Spanish authorities
he will be prompt 10 resent the insult, ard com
pei speedy aloEemeni Tor the outrage from III
Spanish Government.
The Havana correspondent of the New Yorl
Sun, under date Of the lllh OF August, gives III
following account OF The return OF Rey:
/ ,ptp c;o al
were mad. and understood, so that Rey wd
transferred TO the bi. Ard e~ Ring, in Quaran
line. Rumors began 10 spread about the appari
lion Of man, nobody knew who, nor wher
from nor Why The quarantine laws were violated
The iumors reached The ears OF the American
Consul, who called on The Captain General
gel a permission 10 speak TO Rey, which wa
ersn,ed with sufficient delay 10 send the Captain
Of The Dor, aud Or,.z, aud official secretary, ol
board The Andrew Ring. to offer every securit..
a, d guarantee to Rey, IN The name OF Queer