The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-07-28
The AbduetIon Case.


the tochle abdaeon Of Juan RsY alias Gaca from this
city, and the sending him the schooner Mallen Cant
Mcdonnell to Havana commenced yesterday before Judge
Bright great crowd ofspeotatora were present during he
whole time. and reports show evnoed some feeling ID
the Of the investigation We have rsported bs pro
osdings in full ont Of Justice the parties concerned We
cannot see the improperly expressed by Mr. Huuton in
publishing part Of the examination The iuvestrntor ,ns
concluded upon by the Court after motion was made for
continuance; and the testimony for the stats was hearlby
several hundred people why not publish it correctly with
the speeches q counsel to show the ground taken By the
accused Logan hunton District Attorney Appeared
on behalf OF the United States; M Nj. Reynolds District
Attorney on behalf Of the State; Mesn Cypnan Dufour
and = s Wafeld the part the prosecution. hfss
J Foulhouze, T. w Collens and R. PIeaux for M ae
oused The Court stated that was ready 10 the
Investigation, MI Duiou moved hat the witnesses be
called. Mr. Fouhouze presented the commission Of ire
Spanish Consul with the sHeqaaur Of the President of the
/ United States.
M Hutton asked to explain his position to the Court
and had attended in consequence Iis hsd ioofed AZ ~
ag l ene NE TLts for the 1!sst Of the parties He
A. alleged v9lson Of The aws Of tbs State and the Gaze
was neither W duty necessary or proper Is an officer OF
ne Feqsai Geysrnment 70 take any part the examna
transaction was Consul OF Spain, and there had been ex
nzed He would ask the counsel for he accused tbSt
TED that Document whether he to plead the fact thai
pe asan an os a ions fore Gye the charge
9q b " Sa2w whsher the plea wOubs made that the
AZ 5e .h answer viii state that if no excite
mat we would not have insisted strongly upon our rights
IN ms cause B9t when arrested admitted the fact my
and although we bow Othe law intend 10 give no more
Of our rights ST. Epaha not the only one that 4 iSte
Tssd N The proceedings here He belongs to body whoe
nghli must e eaed for we are here % OBEY the law but
we nan waive nothing that entitled hands
Mr. CotsliSrhe question OF jurisdiction is not a mere
pens ties attached to it, and we orsgo nothing that We
GSm a. submit 5he Question At once, We we
Ar Hanten-I pfopound the plain enquiry aud give he
am answered We are counsel and p S 1s oT ny
nay purpose in making The enquiry is this will not say
made By the defence viii propose that commissions Of
tion MI & Iaa come here and listen 70 this examina
Joined with Il IN the hearing of the If this Is not as
proceedings regard to ST. Espana viii Be merely he same
Who mgb B o f9 Sp against any Other Individual
M F0thhouse Gentlemen having raised the QUESTION
usby the laws and Constitution Of the United stse, We
viii not resign Whatever the law hes vested in us
ut. DJour-Nay please the Court, there motion
M. ooRsns-Ift is asked whether we resign what
granted counsel OF Spain we must sa mai We ID
net we say that this Court cannot examine this case
M. HnntOr-T propose that Commissioner oftbe
I'm TED States be asked 10 hear this conjunction If
necessary with the Court
4 .hr. DuJOur.-We have objection
g. AEe SsertA c9mpnipt vas entered before against
a liz no az SGasS o. am Bot IS md
ms appearance At this examination No objection mad,
set up that he Consul profess the utmost respect oi
81 oe E2sna whsthsr n his public private capacity
that v in be satisfaetory have no ob;sooT ~
the Of the Consul Spain conoeinedtbe Others bs
ng private citizens, come under the sole jurisdiction OF The
ohi, Nc. Rsggsqds District attorneyay it please the
breach Of the peace assault and battery or
men whether committed by Consul or Minister that this
State and are to sink into insgnifeance because ea
aSenab Only to ne n ePs W. az III bI that d6 5s Pe S
q states nights Therefore, though have no objection
lhat Onllea states Commissioner should be sent for, yet
ask that Your honor retain your pooo also Unless Inc
lay Of TINS State bias been violated have nothing to do
OF LOUISIANA and should it be shown that it has, will aid
your Honor in indicating the outraged law.
Much applause followed the speech of Mr. Reynolds of
which we have given brief sketch. The Judge pepri.
manded tbs audience and asked that there should not be
any demonstration of feeling. He hoped patience and
due respect to the law would characterize the whole
/ oOurse Of the proceedings.
M D95olg-l entirely and uneagvOoally concur with
t t s k ~ M heSaoa' From ne Of
knew also, that the law authorised thess proceedings
we agree however, that the Commissioner The cause
WIN lhe reservation that the Judge also sits with him to
nai he case VIII not have your Honor not entertain
M Col{snsEvery one will witness here that we have
raised no objection to any proposed We bring here
Pssnf ~ b a OGaspl ~ show me Ieeognnqp 9the
country attached, Mr.. Hunon has propO ed that com
marks tRe bict Attorney won oS SdS to he belief hat
a a Fs95a 9eeE wond aO Do their duy and taking
would sep m believe that the Fedora officers and the
sued acceptable to We never presented the least OBJ
Sta9le TO the progress Of the investigation Of this
Ihe G0urt-Then the question settled.
W. Rsgpolds-I hope the Court viii hear all Of the
look At any technoalites in the matter / am prepared
fh2ad you nd the evidence sufficient to send The accused
th tribunal or else there is such thing State
M. Preauz.-I am here as Counsel for Henry Marie.
move hst me examination be postponed until the schooner
read IN due time setting forth our for asking
a and u ne 96sc o. his a Is only to make true
accused ak what honest lawyer win object The Dis
70 all sensible people to give full justice repeat again
tnE5 our aayesaTes want truth want Justice, they CANNOT
| refuse eonrnuance, which demand. | would
read the affidavit but excited am neTyous-i cannot
am full Of indignation zee feeling manifested here 10
psSsnt ny client having fair and impartial examination
The afidavtw5s then read BY Mr. COlIena, as follows:
| F Llorents VIM. Eagle aad II Marie being duly sworn
say that they prepared the examination OF fh
case; that several witnesses their behalf UnavOdsby
man X smith J. Augustin, A. Parry w. B, Iudlam and
Mary Ellen. Cart Mcconnell now in Havana; that aid
witnesses are material and by the testimony Of said wit
connection with this case wit that no chine or INSIDE
ssnoI whatever has been and that Garcia alas
e was moi forced on board OF said vessel but went and
took passage upon her Of his free will and accord
q New Orleans on the 5h Of July instant and was al the
havana 9uara9tne on OF about the 18th inst that the
EXPECT The return of said schooner with said witnesses
within the next twenty days, and will then by said wit
pee' not only be able TO rebut evidence which may be
brought forward against them, but also show thei
charged By any person whatever These depOasut further
VIII also be ready IN said TINS, TO show that Garcia alias
Key free and in the city of Havana and that this
prosecution has been got up from personal and vndctve
ves and without probable cause that these depOnent
not permitted 10 learn the Of the witnt who
We're 70 be produced against them, in time to prepare
but them; that this affidavit made for delay but to
procure justice and full and fair examination Of the
f. LLOREETE,
VIM. EAGLE,
H. MARIE.
M. PredUr esumed,-This is affidavit A Il that we
ask the evidence of the of the May Ellen to show
that Garcia Orciby taken away, but that went
Of sOwn free will and accord Blythe stimony of Gaycia
himself who snow at Havana which shall be taken before
the American Consul will pro that he is ia his
former office has received full pardon and that all effected
by the COnsul who is charged with sending the
10 Havana be hung Yet see the strong passion of
the people displayed even in the Court, by appaudDg the
Dltict Attorney People that under the authority
OF the Spanish Government that this be made APP
pear the subject to its control but will
have him conveyed out of the habO in American man
OwaT, and then lei him speak without fear and he will
entirely al thUe charged with this pretended alb
ducOn It. therefore. the WhOs truth the object of this
preceding let hsva continuance that will give time
TO bring 1t 70 light And here say, that present 10
life OF twenty years in profession with reproac
resting upon il and take myself the producing Of this