The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-08-21

This was all supposition. The facts show the con-
trary, and sustained by the second letter from
Sandova, acknowledging Rey's arrival.
As 10 the occurrences of the I'd Of July, when the
consul was seen walking with Marie, they had no
bearing on the case Ii was astonishing how gem
tlemen would distort the most natural occurrences
by their imagination. Much stress had been laid
on the detention of the Mary Ellen, but il had been
satisfactorily accounted for As the occurrences
of the 5lh of July, the witnesses for the prosecution
had stated that Rey did not leave Morante' 8 house
until halfpast 6 O'Clock, and that he had sayed
there all day, when il was in evidence that Rev had
gone TO Fernandezs cigar store, and asked for fifty
cents. The fact that he had returned the pistol
borrowed from Morante, showed that he wished to
keep his departure secret from him.
Mr. Q. here spoke of his drinking in the coffee
house his walking out alone, his being disguised
all concurred with the preconcerted plan of his
cret departure. IL was absurd that man should
be carried on board vessel against his WILL with
out struggling or hallooing and hundreds of people
near To assist HIM Were these facts consistent or
not with Reys desire to go on board' To const-
tuie the offence, there be an act of violence
proved. Was there any violence shown here :
Mr.. T. here attacked the testimony of Rogers, and
contended It was very strange he was the only
one paid. Why were not the others paid who as
sisted The story was fabulous on its very face.
Mr.. G. contended that the man had not been forc-
bly, abducted II was for the prosecution to show
the contrary; which they had not done.
Ia concluding, MIR c. said il was for the court to
ask themselves whether, on the testimony. jury
would find conviction. Mr.. c. then read from
Bullard & Curry's Digest the duties of Justices of
the peace The crime must be established before
they would be warranted in committing the ac-
cused Mr.. G. here submitted the case
Mr.. Larue rose at half-past 8 o'clock, and be-
lleved that the court must come to the conclusion
that the accused were innocent Of the charge al
l. = Al
mencement Of the prosecution, public preudices
against the accused excited by the press, and the
circulation of the most startling rumors. The de-
fence had labored under all these disadvantages
besides being deprived Of Witnesses and other
means for making defence Had any crime been
committed! Ii was for the court to act impartialy
The only question was, had Juan Francisco Garcia
been carried away against his will Mr.. L. re-
viewed the testimony The Spanish consul had
employed Elorente as his agent; it was no crime
to do it. He had right to employ him. This
man Rey was not only willing TO betray the secrets
of Fernandez, but also those of Vaverde If I.lo-
rente could have been witness, it would be seen
that Rey had said he could make disclosures against
Fernandez. When Rey determined on this double
treason, he leaves the house Of Fernandez cut all
his former friends, and is brought by his own de-
sire to the house of the Spanish consul, where he
makes the disclosures out of revenge, against Fer
nandez, and perhaps to obtain his own pardon
Mr.. l.. commented Sandoval's letter, and the
astonishment which the opposite counsel had ac-
knowledged il had produced IN them. This letter
could not apply to the circumstances of Ayala who
went to Havana after an absence of sixteen years,
remaining there secreted, without time TO make any
declaration, and returning on the same vessel.
Mr.. Larue dwelt on the character and conduct of
Garcia, both here and on board the Mary Ellen.
He spoke Of the testimony Of the crew, who had
told the truth, and should be believed If Rey had
been violently abducted, why did he not make ex-
ertions to leave with the pilot He was free about
the ship. Why did he refuse the protection of the
American consul on board the Andrew Ring This
case had been compared to that of a rape, and
though the outraged individual should not COM
plain, yet the outraged law required the punish
ment of the offender. Suppose Rey the out
ragged female and confessed he did not call for aid
when aid was at hand, he would ask the court
whether it would not spurn such case.
Mr. Larue asked the indulgence of the court it
being half-past 10 O'clock to allow him to conclude
his argument on another day The request was
granted, and the court ad journed till tomorrow
Monday morning at 10 o'clock Ii was finally
agreed that the case should then close.