The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-08-21
THE ABDUCTION CASE.
JUAN Francisco REY, ALIAS GARCIA
before Hon. Geo. Y. Bright, Second Justice of the
Peace, and M. M Cohen, u. S. Commissioner
TWELFTH DAY-FRipAY, AUG. 10,

BEFORE Hon. Geo Y. Bright, Second Justice of the
Fsaee, and M. M Cohen, U. s. Commissioner.
TWELFTH DAY--FRiDAY, AUG. TO-
The court again met yesterday evening at five
O'Clock; the same interest seemed TO prevail, and
the courtroom was again crowded.
Mr.. Preaux, for the defence, spoke in continua-
ton for more than two hours, contending that the
Spanish consul was innocent Of the forcble abduc-
lion of Rey
Mr.. Foulhouze then followed on the same side
He said thai the best men may be charged by the
lowest characters with crime who thereby ran no
risk. The diplomatic agent of a great nation is
dragged before this for assault and battery.
After the mind of the public has been poisoned, ne
IS brought before tins court for AN examination.
Who was his accuser; Morante. Let him come
forth IN this court and say who and what he is.
lie asked the court to take into consideration the
high position and standing Of the accused Also
to review the character of Captain Mcconnell.
The latter had been among for seventeen years,
and had always borne the character of an honest
man, and yet he is brought here charge Of as
sault and battery Who was there who would
consider this monstrous and mysterious kidnapping
as assault and battery
Mr. +. dwelt on the good character Of Mr..
Eagle and Mr. Marie, who were honest men, not
withsanding the attempt on the part of the prose-
cution to defame them. He attacked the witnesses
for the prosecution, and denounced Fernandez as
thief He spoke of Mr. Llorene, He had been
man of fortunes he is literary man. He was
man whose misfortunes had all but driven him
mad Mr.. F alluded to the publication he himself
had made in favor of the Spanish consul. He at
tached no blame to the counsel for the prosecution
nor to the newspapers, though some of the latter
had attacked him as the counsel of the Spanish
consul.
Mr. Foulhouze reviewed the testimony, arguing
that the accusation could not stand. He denounced
Vlllaverde as traitor, Benedict Arnold 1t
did not follow, he said, because the Spanish consul
was seen with Marie, that he was cognizan of all
the occurrences that took place on that day. Mr..
+ explained mistake in his letter, published in the
Bulletin
He spoke OF Mr.. Sandoval's letter of the 9th
June, which related to no other person than Rey.
He showed that by the letters of the Spanish con-
sui he had taken IAN interest IN the fate of Rey. He
then alluded to the exorto, and conteided that the
Spanish consul was bound to take notice of it, but
he had informed his government that he could not
act, as our laws did not permit 1t. This he con-
tended showed the respect which the consul had for
our laws and institutions.
Mr.. F., then spoke of the powers of consuls, and
commented upon the nature of the offence commit
ted When Napoleon caused the Duke D'Enghein
TO be kidnapped, was that an assault and battery :
He commended that there was no offence committed
by the Spanish consul. He denied that the oppo-
site counsel could bring any number of Spaniards
Qegion) without his showing that they were either
fools enemies of the consul. Mr. Trescazes was
one of these; but time would soon deveope that
gentemans course Mr. F. alluded to Mr. La
borde's testimony, and explained the cause of his
hoaxing the Delta. Laborde's hoax could not be
taken in any other light surely he would not in
form on the friend Of his uncle The Spanish con-
sui and Capt Mcconnell were the grand movers in
this vile abduction, if there were any persons
guilty, and the testimony proved nothing against
them. He attacked the character and veracty of
Charley Rogers. He called the attention of the
court to Rey's letter admitting that he was content
at Havana; that he had left voluntarily; and quoted
its language, to "ell the rascay people that he had
left Of his own accord"
In speaking of the written documents in evidence
he related an anecdote of Cardinal Ritheeu, who
said he could convict any man of crime who could
write letter of three lines. He conended that the
prosecution had shifted their ground. Mr.. F. cited
Wheaton on International Law, to show that no
conspiracy existed in the case
In concluding, he called attention to the course
the Spanish consul had pursued; that although il
doubted that the justice had power TO issue the
writ, yet 1t had been obeyed; that although il had
been questioned whether this court had right to
sit as it ia justice with an u. S. commissioner
yet no objection had been made.
Mr.. Collens then followed on the same side, and
said he should review the whole of the testimony
Mr.. e. then read from Starkie on Ev vol. l. o.
493, on the law of evidence.
He should content himself with reading the law on
the subject of the alleged charge of assault and bat
terry notwithstanding the prosecution had brought
in the terms abduction ard conspiracy. The
prosecution, on the one hand, show that man
named Rey, who had procured passport for Vera
Cruz, with the intention of going thther, for
chilly seized and carried against his will to Havana
On the other hand, he contended that Rey was
anxious to return to Havana, applied TO the consul
for that purpose who obtained his pardon from the
captain general, and that Rey went off by his own
free will. The court would draw It's conclusions
from the facts and the evidence, which 90 to sup
port these two grounds. IL was clear that one or
the other must be wrong, and the court would de-
eide Mr.. Collens reviewed the testimony, COM
nenting as he went along showing that through
out Rey was evading Fernandez, who had deserted
him. and whom he feared and that his whole con-
duct showed that he desired to get back Havana.
He contended that had been made out
against the accused.
It being then past 10 O'Clock, the court adjourned
until this evening at 5 O'clock when Mr. Collens
will resume his argument He will be followed by
Mr. Larue and the case will be closed by vi NJ.
Reynolds, district attorney, the part OF the
State, and Logan Hunton, u. S. district attorney,
on the part Of the Government