The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-08-13


feared aes,h when this design oHy in contemplation
which Ia probahly had lhe lia ons ior neleylng he
~ doub ssoa sna rsaiae hs aHiasss Of bis guilt
This poiIiea martyr iai 50 es s49 sna etllt ne
ssri md f5f M own interests and purposes Is going 10
-af n Dfsou IS no 1o in knaperv ana lOnst from
o5n hape received TIE most promising lessons that could
t ts 5.h 81 july fhs daF ~ which thu abduction Of
as imprisonment said to have taken piaoe theme any
lpwlhn6usls to % The Hayana The proceedings Of
but day may he somawhat involved in doubt from the e5
tuoiy that Garcia was 81 Mofantas chocolate shop al
ene that evening. Gacia must have been possessed OF SIN
suaT uhquy and an enormous appetite On the 9Th Of July
We find him ID the morning At tle 3sgarshop getting fifty
ssnls iIom keOwaId. we ind him in the evening a. Of
naifpss dining with Iofente at staurantiu 81 Peter
street. BY what magic this could have been accomplished
will not pretend 70 wy but wiingt6 believe that the
keep accounts memorandum book greatly mistaken
~ me iae Which ne relates a. the pioseusl9n sil na
the testimony Of Mr. Coleman. the mate of the Mary Ellen
ny Of Mr. hsean he diRed at heesiaurant between and
the schooner near the cotton press he Third Municipal
ly, between and9 cleok. II shown that he went 70
company Of oens and Marie, and hab he took drink n
ne coffee house that Lolen.s s nm thas ne and ebe
lie towboS ihai was ready and given orders to bis
crew 10 east Off that GaIca was taken up and carried to
he schooner passed over TIE rail led overtime freight that
was we'd deck, BY two men 10 the osbindo that
The schooner was then In the Of leaving that these
then jumped shore, and Garcia walked down in the
not gagged he made resistance hegaye outerY; he
spoke not word did not even emble The TACT Of carry
ing him on board clearly proved but At Waga dark nght
az the witnesses sweat though was iqll moon on that
time three hours high bpt the Witnesses say was dark
Garcia had upon hs eyss Two o. ne VIZ
hastily towards the vessel and then he picked up, hu
ned board and led over the freight deck. But one
We win now take thee0nduot Of the man aerthe 9TH of
july rather, after he board Of the vessel His
and the crew Of lie vessel Their testimony has been at
temptsa y ne 9yads.s thsy Were separated agnag ns
IN cross examination Every device WHICH ingenuity could
apparent contradictions the evidence yetoonnse
baied al every turn they succeeding only in bewderng
meny Of the renainderwas as clear and straightforward
as ever was given IN court Of Justice And why should
What connection had they with Capt MeConneili They
p9paf leFe sea WIG nn psioIe' an9 may pe never
tomomow thef have few friendships and associations
they comm perjury Under All M g exeIior sailor
has MUCH genuine religious feeling. Helove truth and fears
the wonders Of Geaon And the storms Of me ocean the
iempests bowling through the mats and rigging, and the
monish hm Of the existence Of bis Creator and bis Judge
for those Of oil the policemen and long shore that could
stand between this and the Baze. But have, besides
these The testimony Of Mr. Robinson another passenger
board the vessel Of the pilot Richardson who took the
vessel the barr and what was the conduct Of theman
He walked into the cabin himself every body admits shortly
after the schooner got UndeTweigh the mate Mr. Cole.
man, went down into the cabin Garcia and the Cap
fore them He knew it was genuine Spanish passport BY
ne seal with which he was familiar He resd the ume II
9ne passport ana Temembefs that II was Pedro Romeo,
A has been attempted T. nyaidate this statement ask
ing whether It was possible for to believe that the
mae would interfere between the passenger and the Captain
10 read the passport And gentlemen Tor then puT-
Captain and the mate board Of small schooner in the
American trade is great that between the commander
more natural than for themate to look at the name on the
passport indeed i is part Of his duty for it is fact that
mony o. the mate bears internal evidence Of its truth if
nae neen sso lRNegted the name which he gave womb
S Aita5ga romeo He Temembe9, as was natural, the
Of the passenger; what he believed lie the middle
name passed from his recollection Shortly afterwards
the cabin hs too saw Gaigeia there Garcia spoFe
20 him in Spanish and he supposes asked him for Wine
Garcia came on deck asked the man al the helm 70 et %
light TOT ms sega was told by the sailor that he could not
the bnnaee proceeded forward and obtained one at the
segar while the soho0neEwas IN hail OF the tOwbOat
and be ships alongside, and passing through the most
without any outofy Of any call for rescue.
On the morning Of the 9Th Of July, The pilot came on
than the Of he sohoonsg-the pilot boat
Yves Alongside Garcia was on deck, apparently taking great
'ontented with his situation Neither by lo0k word.
md The pilot assures you that if he had done so he would
eady and willingly have given him assistance The cam
am invited The pilot % break fast; which invitation he could
lot accept; he also asked Garcia and Robinson TO break
ast and when the pilot entered the cabin get his orders
esyng the vessel be sund the captain Robinson and Car
a At the table When he was about 70 leave the Ame-
be wanted he seemed to be Conscious ono imprisonment
NJ eleven eavs t6eV AIMED al feysDa ne
Garcia seemed to be very friendly all the way sometimes
landing. In the meantime The captain has unoaded and
loaded bis schOOne and is ready leave for New Orleans
shaking hands and bidding good bye the captain shaking
hands ana smiling with Robinson; He Is put on board OF
another American vessel, the Andrew Ring of New York
~ order 10 nde out his quarantine This is the 23d of
3ely. e Roea me AnaIew King he Is sun beyond the
dered by the awoi nations the soil Of the United States
but By the solemn guarantees OF treaties made with Spain
by the treaty Of 1895, confirmed by the treaty Of 1919 But
before bis quarantine expires the from New
Odeans reach Havana by the British steamer From the re-
ports contained in these papers Rey learns, for the first time,
ta ne qas been padY treated and violently abducted He
writes letter to the Consul stating in indignant that
the whole story false that he game a his own request,
and OF his own tree will and telling him also to inform
those ogneby which doubtless the rascal meant those
tedeBtes whom he had belHyedhat he was there &C.
charge Of his duty having heard Of this TpmOTed abduction
and learning that Garcia was on board Of the Andrew Ring
proceeds that vessel Os him the protection OF the Gov
eminent Of the United states offers 10 put him board Of
any part Of this country that he may desire to CO. Garcia
informs him that he does not desire American protection
OF his own free will
Is There any thing in all these proceedings that indicates
that Garcia went unwillngy board Of the Mary Ellen
and proceeded unwngy TO the Havana On the
does not every fact and circumstance every word and
ION prove coRcusvey that he went Of his accord and
Tor his own purposes He was under restraint no
ompuson but entirely free. He might have jumped off of
he vessel as she was about starting as The Others did He
nEht have len her Of time before she got sea he
night have returned in her be Nigh have returned the
Expense al the Amerpan Government after he put
oerd OF the Andrew Ring, There was here then force
md if no force no crime.
have referred heretofore to the of rape becauseit
the only parallel 70 this Our law indeed confines
he technical meaning Of rape 10 specific crime but the
lIosd general meaning Of the word embraces only that
let bot this Rape, mpne TaVish Tavage and all their de-
1Vaous asWel IN our own language in the other Ian.
Suages OF Europe derived from the Latin, precisely
ne same thing. The violent taking away by force Of any.
10 man or woman
refer the Court 70 that case because the essence Of the
crime ~ both that and this consists of the same hng-the
doing the act without the consent and against the will Ofthe
party Ieier % the case, also because in considering
le abaeed from the passions and reudces that environ
me one new before The Court may better appreciate the
nature and the bearing Of the testimony which required to
establish the essential fact Let suppose the case of wi
low, vile, OF maid with Sr MOrane, indignant hus.
anh or the outraged father TO which the counsel pathef
eay appeal TO call upon the law for vengeance agans her
ayisher
Let US suppose that policeman is swOn that some
TX weeks before he had been consulted 10 relation the
Feasibility Of committing this rape that OF sailors
0oqdg house also swea that he paid 50 for assisting
the act commed which il committed against the
OF the party would constitute the crime of rape Suppose
further that the woman herself should swear upon the stand
that the had actually bppn Than