The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-08-15

the letters and the objections OF the prosecution 10
their admissibilily as testimony,
Mr.. Warfeld followed in reply to Mr.. Larue.
He conended that the proceedings against the consu
could have been known IN Havana, and were
known. ON the day the letters objected TO were
dated the 9th July. He stated that letter was
received by La Pairia from Havana, dated 2Ilh,
mentioning the Rey affair, and stated that 1t was
| well known throughout the city OF Havana. Inc
brig Salvatore cleared from this port on the 2Oth,
the day the affidavit made, and could have car
| red out the news :,
| Mr. Coleus contended that the Salvatore had
| not arrived at Havana on the 9th, the day the
| British steamer sailed.
| Mr.. Bradford continued the argument, ooleeuhg
to the admission of the letters on purely legal
grounds.
Mr.. Cohen then recapitulated the grounds upon
| which the letters were offered and objected 10,
stated that the court inclined TO receive the doc
uments for what they were worth, taking INTO con
sideraton all the objections made. The letter from
the secretary of the captain genera to the consul
was here translated Ii is dated the 2Ith and an
nounces the safe arrival of Garcia, and that ne Is
in quarantine.
Mr.. Collens here offered again the declaration OF
| Garcia, which was ruled out at the commencement
of the examination. He contended that 1t should
| be admitted as the letter of Mr.. Sandevai showed
that the original declaration had been received IN
| Havana.
l Mr. Cohen did not think this fact was by any
means conclusive. II did not prous the existence OF
any original, and this was the grand objection Inc
doc ument was refused, and the examination OF the
| witness resumed.
| Witness has seen Garcias signature once. Saw
il on the declaration The declaration was mere
shown and the witness was asked II he knew the
signature He was asked if that the signature to
the decaration) was Garcia's. Witness thought IL
was Question objected 10. Witness did not see
the document signed. Some argument followed,
and il was decided that no comparison with s'g-
nature that was not proved genuine could be re-
celved in evidence.
Mr.. Collens asked the witness why the erorto
! mentioned was sent back to Havana He replied
that it was usual to send back all documents OF that
| kind.
Blu Mr. Dutou-It was received the 18th
| MAY, and was returned oil The LIST OF june
| BIZ Mr.. D,sfour-Two or three days elapsed be-
| tween the first and second visits of Garcia to the
| consul's office. Does not recOect when ne made
| the first visit The second was made on the 26h
the day he made his declaration. When Garcia
| came to the Office the second time, he came with
| Llorente, Ayala, and the consul. He saw the car
| riage stop and saw the parties come IN together
The consul and Llorente were absent about half an
| hour before they returned with Garcia and Ayala
| This was between IL and o'clock. Witness was
| alone in the consul's Office Garcia appeared to be
very anxious. Witness did not hear any CONVEX
sation on the second visit Mr.. Ayala sailed for
Havana on the evening of the 9th, on the brig r.
Soule. Ayala was often in the consul's office.
Letters from the consul were entrusted to the cap
tain of the brig. Knows of none being given to
Ayala Does not think Ayala was sent to Havana
by the consul. Does not believe he was. Does
not know that Ayaa received any money from the
consul. Never heard the consul mention any thing
of the kind When the consul, Garcia, and the
Others in the consus room on the second visit
of Garcia, Llorente came down for the official seal.
Llorene and Garcia remained up stairs alane some
minutes after the consul came down. II was before
the answer received from Havana that witness
saw Mr. Trescazes in the consul's Office. Among
other things tie consul told TrescaZes that he
wanted him to set a pigilar on certain persons.
Witness was busy when Trescazes came In. Didn't
pay attention when he went out. The consul re-
turned in few minutes after they went into the
corridor. Does not know that they went up stairs.
Nj. Trescazes, in company with another gentleman,
called al the consul's Office than SIX months
previously to this time Witness thinks he would
have known it if the consul and Trescazes had gone
up stairs In answer TO the erorto Of the captain
general the consul stated TO him that he would en-
deavor to procure more Information IN regard to the
persons who had aided the escape of prisoners from
Havana. The consul told witness that he had
written for pardon for Garcia This was about
1.-THE beginning of June Captain Mcconnell speaks
Spanish he often spoke it when he came into th'
; Office in his (witness's) presence. He generally
conyersed with the consul in English. The leite
concerning the passport was received on the I'd o.
Sd of july. Witness does not know when the an
swer was sent back. The consul has private cor
respondence, which witness knows nothing about
Does not know that Captain AcC0nneil got letter.
from the consul on his last trip. co'su' W.T..
letter by the Mary Ellen in regard TO 'ne hea,',
of New Orleans. He stated that there was NC
cholera Captain Mcconnell obtained " clean
bill OF health. There were some notes on the bill
Of health, regarding cases of sickness in the hospital
BIZ Mr. Cohen.-Witness does not know who paid
Garcia's passage The Mary Ellen was not char
tered by the consul to witnesses knowledge. He
(the consul) might have done it without witnesses
knowledge. Capt Mcconnell came TO the consus
Office the last time on the fifth Of July. Ii was be-
fore dinner He was there on the third. When
witness made out the passport he was aware that
he was inserting fictitious name. The passport
contained description of Juan Garcia The con-
sui gave him the description, and took the passport
away with him.
: BY Mr.. Coiiens Capt Mcconnell brought this
manifest TO the consu's Office on the Sd Of July.
Does not know To whom the goods were consigned
II is not usual for captains to give list of their
passengers; the passengers known at the Office,
as they have to come for their passports.
This concluded the examination Of the witness
and II being 10 O'Clock, the court adjourned To
Monday evening at o'clock.