The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-08-14


To the Capt Gen. of Havana"
o,,s-Was the consul DESTROYS of obtaining in
formation concerning those persons who had es-
capedi
came TO the office to give the information
Ques-What was his name'
3os-His name was Mr. 1rescaZes.
This was about the end of May. Mr. Trescazes
told the consul he was ma longer connected with
the police The consul said he very sorry for
Witness was here asked TO tell all that occurred
The consul told Mr.. Trescazes that there were
some individuals who had come over from Havana
and he wanted him To set watch on them Tres
cazes said he was no longer attached 10 the police
The consul replied he was sorry for II. They then
walked out Of The office TO the corridor; and alter
remaining there few moments, the consul returned
alone The street door, from the door of the office
is about two or three steps. They did not go up
stairs. Witness thinks they had not time TO go up
stairs to hold conversation. They might have
gone up airs but could mol have remained long
Witness was under the impression they were in
the corridor. Does not think they would have had
time To go up stairs and hold conversation RI la
i've Ia Rev and Fernandez, which has been stated
in the testimony
Qms-Ascending the stairs, how are the rooms
aid off
.4ns-The paror fronts on the street; at the
right hand there is door, on the left wall This
narIor up stairs is no Office. ii contains hair soa
chairs and square table. II is marble-top square
liable; lamp generally stands uponit, There are pic
lures about the walls. Tie names Of these indivd
uals were not given to Mr.. Trescazes in the Office
Witness at that time knew their names. Their
names were Vicente Fernandez and Juan Garcia.
There was no information given in the office OF any
other names. Witness has seen the man Garcia.
IL Er,t k,atf,
him in the Office.
Ques-Te us all the particulars, sir, of what
you know about him.
.1ns,-One day carriage stopped before the
consus door--a while after gentleman, whom
witness had known by he name of Ayala, entered
The office; he said.
Mr.. Dufour objected to any thing that the party
said. The commissioner ruled the witness should
90 on
He said to Don Carlos de Espaha, Garcia is in
distress. and is DESTROYS to see YOU The consul
appeared somewhat displeased He went up stairs
and came down directly after with his coat.
Ques-Ordinary dress, sir, or disguised
.4ns.-No, sir-no disguise The consul and
Ayala entered the carriage. Half an hour after
they came back in company with Mr.. Llorente and
Garcia. When they were in the office the consul
said: "Sr. Garcia you have nothing TO fear here;
this is the Office of her Catholic majesty. There
the seals of Office He then pointed to me and
SAID: ''Mr. Garcia, this is my clerk" Then all
the gentlemen went up stairs with him into the par
lor where they remained for some time; after which
Mr.. Ayaa went away by himself He was soon
followed by Llorenle aud Garcia This was all
that occurred the first visit. On the SECOND visit
he made The declaration. Witness thinks II was
on the 26th Of June, as ii that day the deca-
ration was signed. Garcia came that day in COM
pany with MIR. Llorente. Both stopped at the en-
trance of the office, but did not come in. The con-
sui, who in the Office, went up stairs with
these two gentlemen. After they had been up stairs
some time Mr. Llorente came down in the Office
and asked for the seal of Office, which witness gave
him. Three-quarers or half an hour after the consul
himself came down with paper in his hand, which
he old witness to copy, which witness did. Wit
ness during This lime had occasion TO z, up stairs
once, but then he did not 90 in the room where
they were Witness saw the consul and spoke TO
him al the door. Witness noticed the persons when
they went out Witnesses desk is just behind the
door which opens on the entry There were three
signatures TO this paper-Juan Garcia, Fulgencia
Llorente, and Carlos de Espafia. The seal of the
consul was attached. Witness did not affix his
signature to it. The paper fresh document;
the ink not yet dry when witness received II TO
copy. Witness made copy of It Witness re-
turned the original to the consul The consul for
warded it to Havana. Witness thinks it was sent
10 Havana; the consul told him so, but don't know
of his own knowledge. A paper was here hand
ed TO the witness. This is the signature of the
Spanish consul and his seal of Office This the
usual form in which Official copies Of documents are
made out.
By u S. District .7ttornsy-Have you made a
copy Of this paper IN book
.1ns.-No, sir. This paper becomes fled, and
the acts themselves, on being so filed together, are
made into a book. This is the only copy witness
ever made. Witness thinks the original was sent
uff by the P. Soule, about four days afterwards.
Witnts IS transcribes the Official documents. Does
not copy the private letters Of the consul. Witness
does not know whether the letier in which this doc
ument Was enclosed was private an official
letter
BY u s District .7tiOrnry-Haye you ever made
any copies Of documents like this before
.4ns-No, sur, none before.
BY Mr.. DuIom Have you ever made any since ?
/ Answer the question. SIR.
! .9us-No, sir. They do not send originals of
documents away, az q general rule, except in a
case like this when the originals required.
! Mr. D,lton-l nov object to the introduction Of
! this document ! may ject to IT, sir, upon two
| grOuuds-upon tact and ul,on law No attempt has
been made TO show that Garcia ever signed The orr
/ ginal II seems, however. that there IL one witness
/ to this document MIR. Fugrnco Lorente. But
Why, SIR, did not the Official Of the consul be-
epn,e a witness TO this document Why did not
the chancellor, now in court, sign this mysterious
document SIR, II Is gr at aud port~ntOus sgn
~ this mysterious affair that the signature of Juan
Garcia wns not Witnessed by others than Llorente.
! A lary cannot make testimony for himself; and
this document comes from the Spanish consul.
The :. district attorney followed on the same
side. The document was not private or public
me, but Of an extraordinary nature, going TO show
that Garcia left the city voluntarily. Where is III,
proof tina, Garcia ever sIgred this paper. We con
lend that Garcia was forcbly abducted and IL thu
copy of private paper, not proven ever to have
been IN existence, be permitted as evidence, i
might be proved that a man signed his death
warrant. Mr.. HUnton further commended that the
document could not be admitted as testimony
MIR. Collens, per contra, replied at length. n,
commended that # the original had been either sen
TO Havana, or was among the archives Of III,
Spanish Government, the consu's Office, III,
Official copy would be evidence ~ any case. Th'
power to give an authenticated cory Of record u
vested m the keeper If the record, and the consul
IN this case was the proper person, and the onl,
person, 10 give an authenticated copy Of the act
MIR Colens read from Stsrke on evidence, p. 204
in support Of his position.
The debate was continued by the prosecution
and Mr.. CoIlens again replied, contenJing that III
Official document was valid and could alone b
made valid Inv the seal Of the consul No declara