The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-08-09

tornev nepled. when the court decided that the
question should be answered. In answer to the
question witness replied that he went TO Vera Cruz
on business. Witness did not see his passport. In
the month Of May last, the Spanish consul called
at the WITNESSES house aud asked for him. Witness
was absent, and the Spanish consul requested that
witness would call at his house, as he wanted TO
speak with him. The next day witness went TO
the house of the consul; and the latter knowing
that witness was intimate with Fernandez, the
consul told witness to tell Fernandez not to go TO
Vera Cruz, because as there was treaty of extra
dtion between Mexico and Spain, he would be
taken and carried back TO Havana. Witness
thanked the consul for this information, and eau
toned Fernandez not 10 go to Vera Cruz, as wit
ness thought that there was such treaty; but,
there being certain rumors in the city, Fernandez
was induced to go.
Cross-eramined Witness had once been arrested
at Havana for debt. and remained in prison FIVE
days Fernandez had been arrested for fraudu-
lent bankruptcy; but the commercial tribunal of
Havana decided that there was no fraud because
his book exhibited his assets greater than his debts
Witness further states that one of the creditors OF
the house of BIanco d Co, Of which Fernandez
was partner, having been charged with fraudu-
lent bankruptcy, and tribunal having declared It.
self incompetent in jurisdiction, of the partners
caused Fernandez TO be arrested for having pur-
chased candle factory with the funds belonging to
the firm.
Trescazes recalled by prosecutor.-When witness
called at the house Of the Spanish consul he wit
messy advised the consul TO take out warrant and
have Rey arrested but the consul replied that he
wanted TO arrest Rey secretly there was no
treaty of extradition between Spain and the United
| States No cross-examnation.
| John Orion aporn.--Is resident of the city. Is
an engineer by profession. On the 7th of July,
| about O'Clock, witness was walking down the
leyee. Saw the schooner Mary Ellen lying along
side the wharf Knowing the mate and captain for
some years, witness went down to see them off
Witness stayed board several minutes, when
the captain of the towboat asked the captain of the
Mary Ellen if he was ready. Captain Mcconnell
replied he would be ready in few moments, and
told his mate to stand by the Ines Witness then
bid goodbye to the captain and mate. The mate
went forward, and witness and Captain Mcconnell
stepped on the wharf John P. Smith, shipping
master, was also there, and up with the cook.
Smith said to the cook, "You rascal I've lost my
supper by your not coming on board before!" and
IN playful manner took up rope to whip him.
Captain Mcconnell said ''Smith, don't hurt him.
Witness and Smith then turned round to go home,
when witness saw four men approaching, and car
rying man; two had him by the legs and two by
the hands. One of the men said, "Here is the
| steward" Another said, "Here is passenger
Captain Mcconnell said, ''Take him down below,
and don't hurt him." The man taken OIL board
wore spectaces and had on a small white hat; can
not say it was fur Panama. Captain McCon-
nell took notice of the man, and neither he nor
his crew took any part in taking him on board the
captain merely said, 'sTake him in the cabin
One of the men said, "See what trouble we have in
carrying these drunken cooks and stewards on board
vessels" Mr.. Dufour asked who was the man
that SAID so, and If he was in court 10 point him
out. The witness then identified Marie GGreat
laugher Witness thought it very strange to see
Marie shipping men, he never knew him to
do IL l. m
rooms, cofee-houses, and the courts, where no de-
cent people seen. Marie is a short, stout,
chunky man, and Creole by birth. The vessel
sailed Immediately after the put on board
He looked like any thing else but steward Wit
ness would not have thought any thing of it if the
man had been shipped by shipping or land
lord. The schooner lay near the steam levee cot
ton press The tow-boat that took the Mary Ellen
was the De Soto. Witness never knew Marie to
act as shipping master.
Cross-erunined. Witness was ten or twelve feet
from the vessel at the time; Smith was short dis
lance off. The night dark that witness
would not have recognised the men carrying the
man on board, if Marie had not spoke to him. The
man had on black coat; he was lifted over the
railing Of the schooner, and carried aft Several
other persops on the evee at the lime, but did
| not know who they The carried on
board appeared perfectly dead, and his arms con-
tracted; but cannot tell what sized man he was
Witness thinks that some minutes elapsed between
the time when the captain Of the tow-boat asked
Captain Mcconnell If he was ready and the period
when the cook came on board The lines were
not cast of, and the schooner was some little dis
lance from the wharf. The captain appeared indf-
ferent about any one coming board Being
asked how he could see the mans spectacles II il
was so dark the witness replied that he put bis
head down close TO the mans and looked in his
face.
BY the Court.-Marie did not have hold Of the
man who was carried on board Marie had stick
IN his hand.
| Charles "A. Rogers srOrn.-Witness was EMPLOYED
TO wait at the last cofee-house this side Of the cot
ton press, on the evening Of the 5th Of July where
\ he was TO meet stout man. Witness was en-
| ployed by Mr.. William Eagle Witness sat in the
coffee-house, and waited there and looked at every
one that came in. Presently he two men come
\ IN, with a man between them and take drink
/ one was small man. but he did not look like the
man who was going of; witness went out and
took seat IN front, when Eagle came up and told
/ him that was the man. The man that was pointed
/ out had on spectsces be a small spare man.
and had on a Pansma hat One Of these men was
Marie, the other never saw before; he was small
man, wore mustaches-lL lorene was here brought
forward He looks very much like him The
small man DID not speak at all. ] do not know who
treated m the cofee-house; three Of them drank
\ together, when the man was pointed out TO me by
Mr.. Eagle. After they had drank. the small man
walked OUT and the two others wentoU by the other
door; they walked out about ten steps; they then
crossed 10 the evee, and took hold Of man, and
\ the large man who wore cane told them to go on,
saying; " know all about it," ] also took hold
Of him after they had taken hold Of him they took
\ hold Of him on the levee The man taken hold Of
did not resist, or speak word. He did not appear
/ TO be drunk He stood up straight. The men
\ who put the man on board were Marie, the man
| John, who has gone to California, and myself
\ The man carried on board. He was lifted up
clear Of the ground, and carried by the men. At
one time he was near slipping from witnesses hands,
when he caught his hat The man was carried on
board the schooner Mary Ellen Capt. Mcconnell
ordered the man to be carried al and put below.
/ The schooner left the wharf about half a minute
/ after the man was put on board The occurrence
took place between snd 10 O'Clock. Witness was
first employed for this business nbou dusk on that
day. Eagle told witness. when he first spoke to him,
that there was a man who stubborn or unwil-
ling 10 90 aboard his vessel and Eagle wanted wit
ness to help him carry the man on board. Witness
was paid six dollars the next day by Eagle for