The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-08-13
THE REPUBLIC.
THE ABDUCTION CASE.

FIFTH DAY-WEpsEspAY Aug. l.
The examination for the defence was resumed
yesterday at the usual hour, and the intense curl
osly excited TO hear the concluding testimony was
not IN the least abated, Notwithstanding the heavy
ram that suddenly came AT the time. The &C.
eused appeared with their COUNSEL the United States
district Attorney the State district attorney and the
counsel for the prosecution being also present The
parties having signihed they were ready, the cour
ordered the witnesses TO be called
Recorder Genois s,cora.--W Witness knows man
by the name Of Charles Rogers, runner for sailor
boarding houses. He is short stout man. Wit
ness does not know his character for truth and
veraclty. He bears very bad character. The
counsel for the prosecution here contended thai
the defence must confne themselves TO general
questions concerning the character of Rogers for
truth and veracity. The defence argued thai
there authority to inquire into character
by any questions The court said il had con
sidered the matter, and that in their opinion the
point had long been settled That if it was desired
TO discredit The Witness the proper questions to b.
asked were, If the witness knows the general char.
acter of the person, and if he would believe him
under oath
The witness then asked the first question, to
which the witness answered he did not know MIR
Preaux then asked The witness if he would believe
Rogers under oath, which question was again OBJ
jected 10 by the prosecution.
Mr.. Foulhouze then addressed the court, and said
he believed If Recorder Genos had been permitted
TO testify he would have said he would not believe
Mr., Rogers under oath.
Mr.. Warf-ld then asked MIR, Foulhouze If he
had any more such reparks to make, whereupon
Mr.. FoulhouEe bcggestne gentleman not TO inter-
rupt him.
Manuel yMorenaie ncorn.-In Spanish, translated
by Louis Sere Witness knows Mr.. CarreBo
Witness RENE nbers conversation which took
place between two Of his friends and Mr.. Car
reno. Witness met Carreno on the night Of the
% Of July, about O'Clock, at a cigar shop at the
corner Of ST. Louis and Exchange Place, and An
tonic Vinan and jose Dionisio Fernandez Wit
told one If the last two named gentlemen that
he would like to slap the face Of Carreno W.T..
ness wanted to slap him on account Of difficulty
which he had with him personally. II had no
laton to the affair Of the Spanish consul. Does
not know that the gentlemen witness was with
were friends Of the consul
Cross-eramined.- Witness is the person who
wrote an article in the Patria in defence of the
Spanish consul in this case.
Examination in chief resumed-Witness wrote the
card in the Patria, friend of the consul but
merely to alay the excitement in the city, and as
an expression Of his own opinion
.4ntonio Vinan acorrs-[ In Spansh-translated. I
Witness was present at a conversation which oc-
CURED on Sunday, the 22d, between another and
Mr. Morenate. Being the cigar store, wit
ness said TO Morenate, 8 There is vour Mexican
FRIEND, meaning Carreno, going TO buy cigars. y
Morenate said in reply, g would like to slap his
face'' Witness asked him, 90 What form More
nate replied, .' For personal affair"
By COMMISSIONS. did you call the atten-
ZION of Morenale to Carrenoi
Wiinas.-Becanse knew what had passed be-
tween them.
No cross-examination.
Jssn GraS acorn Witness being asked if he was
present when the conversation above mentioned oc
c~.A H.. &
Mr.. Pons, about ten days ago. in the evening, Car
reno came TO witness, and told him that Morenate
wanted to slap witness. Witness asked him, what
fsri Carrero replied, that it a matter relating
TO Morenate. He did not say in whose presence
this occurred, or when"
Recorder Seuzemess Witness is generally
acquainttd with the people the third municipality.
Is acquainted with chas. Rogers. Witness never
heard Rogers spoken Of out Of his Office Witness
sees great many people in his Office. Witness
spends the most of hrs time in his office. The
witness was here asked if he ever heard the charac-
Of Rogers spoken Of in his Office. Objected IN
py prosecution. The court then explained to the
Sfaarssu rthAt ,tbd" 8faafG ehakscisf" Of Rogers
what he knew Of his general character or repoIs on
Mr.. Cetlr~s then asked the witness a. hat he k ew
Of the character of Rogers from those he had heard
speak OF him.
Mr. Dufour objected to the question being put, as
the witness might only have heard the enemies OF
Rogers speak of him.
Mr.. CoLiens replied and said he only wanted to
know the reputation Of Rogers from the witness, as
he knew II in the circle IN which ne moved The
court ruled that the question must be put for the
general character of truth and veracIiy.
As the witness wIthdra wing, Mr.. Larue rose
and stated that notwithstanding the ruling of the
court he begged TO read an authority to the con-
trary. and read from Siarke on Ev. D. 1862, in re-
II L. Il.
Of a witness. That the proper question to be put
was whether the witness would believe the party
on oath.
Mr.. Warf.ld, per contra, quoted from Greenleaf,
section 46I and Roscoe on Evidence that the ques-
uon 10 lie put as to general character.
Mr. Coiiens replied AT length, aud the court adj
hered to its previous decision.
Recorder Seuztneau then retired.
George Coleman morn Mr. DpJow--Is the wit
ness connected with Capt. McConne's schooner ;
.7nsusr-fes, sir.
Mr.. Dptow-l now move the court that all the
witnesses for the defence composing the crew Of
The schooner Mary Ellen be separated.
Mr.. Foulhou.t.-l request then that the witnesses
be tut under the OF the constable that they
can have communication with either the friends
of the defence the prosecution.
Examination resumed Witness 10 the first mate
Of the schooner Mary Ellen during her last voyage
from Havana. We took m the largest part Of the
cargo on the 81 Of July, the last part took in on
the 4th.
Qaesiion-What prevented you from going on
the 4lh;
.4nuoer. Il went 10 the Office Of the Union Tow
boat Line, and told that no boat would 90 down
that night
There was Spanish passenger on board He
was young man about twenty-five, dressed in a
black nerno coat d light pants and small Pa
mama hat Witness first the passenger on the
afternoon Of the 5th Of July about -four or FIVE
O'clock He came down IN company with another
man, who was built, about FIVE feet SIX inches
with black moustacbios. Mr.. Lorente here
brought forward Thinks this gentleman is fac
sinilt Of him. The schooner was lying at the time
in the First Municipality opposite the public square
The passenger asked witness # he could engage a
passage for Havana. Witness told him that he
could receive no passengers, as he had orders not
10 do So TIL. schooner left the wharf at the First
Municipality about shutdown, and went down u
one Of the whsrves the lower cotton press.
The schooner started with the tow about nine
O'Clock. We were detained there about one hour
10 make up the tow, and on account Of the cook.
Saw the cook come on board. He was brought on
board by the shipping masters clerk. Witness saw
two negroes nj the time bringing down his clothing.