The mountain sentinel. [volume] (Ebensburg, Pa.) 1844-1853, 1849-08-30
From the N. o. Delta, Aug. Is
The Abduction Case..--Judgment OF the Court.

| pursuant 10 aOJOurnment, the court met
at 5 o'clock last evening, to render judg-
ment in this case. Present, Justice Bright
and Commissioner Cohen. Messrs. Du-
four and Warfeld, counsel for the prose-
cution; Messrs. Foulhouze, Collens, Larue,
and Preau, for the defence, and United
States District Attorney Hunton. Dis
trict Attorney Reynolds, being indisposed,
was represented by Mr.. Warfeld. The
room was crowded long before the appoint
ed hour for the opening of the court, and
the street In front was filled with groups
anxiously awaiting the verdict of the court.
At five precisely, the magistrates having
taken their seats, Justice Bright opened
the court. The prisoners were then called
by Constable Below, and all being pres
ent,
Commissioner Cohen proceeded to read
the joint judgment of the court.
The State oe Louisiana
Us, Carlos De Espana, James
pana, Consul of Liorente. Marie.
Spain. J and William Eagle.
This court, during fourteen sessions, of
not less than five hours each day, COM
mencing on the 9th day of July, and
ending on yesterday, the 18th day of
August, lS49, have patiently and attentive
ly heard the volumlnous testimony of very
numerous witnesses, as well on the part of
the prosecution as of the defence, and the
argument of eight counsel-four on each
side of this case.
After having carefully considered the
same, and the laws which point out and
prescribe the dutieso examining and COM
mittlng magistrates, and the manner in
which those duties are to be by them
performed, it is decreed:
Not that the accused are clearly guilty
of the assault and battery and false impris-
onment wherewith they are charged; but
that the testimony is such, and SO contra
dictory and conflicting, as TO render it pro-
per and necessary to be inquired iht6sby a
jury of the country.
ltis accordingly adjudged by the Uh1ed
States Commissioner, that the said Don
Carlos de Espana, give bond with good
and sufficient security, in a reasonable
amount, that is to say, in the sum of five
thousand dollars, for his appearance at the
next term of the circuit court Of ihe United
States. for the fifth circuit, 10 be held in
New Orleans on the third Monday ofDe-
cember, lS49; and in default thereof, to be
committed to the custody of the marshal of
the eartern district of Louisiana, until he
shall be delivered by due course of law.
AS the conclusion was read, and the
judgment became known to the audience,
there was a universal burst of applause,
which the court found impossible to re-
press.
.,rrLt tb <bo fn1I
order in relation to the other prisoners:
And it is adjudged by the second justice
of the peace for the parish of Orleans, that
said James Mcconnell, Fulgencio Llorente,
- Marie, and William Eagle, give a
like bond and surety in the sum of twenty
five hundred dollars, conditioned for their
appearance at the next term of the first
district court of New Orleans; Justice
Bright here remarked that he would fix
the date for their appearance.-Reporte
Delta and in default thereof, they be
committed to the custody of the sheriff of
the parish of Orleans, until they be deliv-
cred by due course of law.
Nj. NJ. COHEN,
United States Commissioner.
GEO. Y. BRIGHT,
Second Justice of the Peace for the
Parish of Orleans.
Mr.. Foulhouze then rose, and address,
ing Commissioner Cohen, said: The con-
sui has a great and deep feeling of regret
at the decision your honor has just given.
The consul begs leave to offer the follow
ing protest against the decision, he being
member of the diplomatic corps
Gwhereupon Mr.. F. drew from his pocket
and read the subjoined paper
Before NJ. III. Cohen, y. S. Minister.
UNITED STATES US. CARLOS DE EsPANA.
The undersigned consul of her Catholic
Majesty, in and for the parish OF New
Orleans, begs leave to enter this his solemn
protest, against the right or power OF the
United States commissioner, here sitting
to investigate this case, to require OF him
to give bond and security for his appear
ance to answer this charge, or IN default
thereof to suffer preventive imprisonment
in the common Jail; and he further protests
against the judgment or order to said effect,
which said commissioner has given.
CARLOS DE ESPANA,
Consul III. G.. NJ.
New ORLEANS. Aug. ii, 1s49.
Commissioner Cohen. Has the Dis
trict Attorney for the United States any
thing to show why this protest should not
be put on file!
Mr.. Hunton: May it please the Com
missioner, think it matter OF very little
whether it be filed or not