The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-08-18

quired that . government boat with or onacsrs,
boarded the Mary Ellen 1t Havsna and took the pas
senger on to the American brg Joe stated to witness
that Capt Mcdonnell requested him not to say word
about what he had board 1t would In
Mr. AnpRxr sworn-A member Of the bari knows
Cook witness; his reputation for truth and veraety
Is q the very worst chsacter would not believe him
under oath under any circumstances,
w. H. WILDER, sworn.-Is an Alderman of the Third
Municipality; knows John Cook; his reputation for
Truth and veracity is very bad would not believe him
under oath; knows Charles Rogers and from his gene
raj reputation, would believe him; never heard any
From the N. o. Crescent, Aug. 81
TENTH DAY-August 8.
c. ENsLEw, (or the defence) sworn.-I know John
far as know him he IL an honest man have never
heard thing against his character for truth and
racity.
JOSH RABELL, (for the prosecution) sworn-I have
coffee house Levee street, Ferdinand street
the evening OF the 5th of July the Mary Ellen was at
the wharf, opposite my coffee house; saw persons
coming from board two three different times to
drink at my house can't say whether they composed
the passengers as had clerk had to
keep IN the house all the time did not see Mr. Rey
persons are constantly coming in as 1t is public house,
do not know MIR. Rey
acquainted with MIR. J. N Laborde; have known him
seven years; have been intimate with him; we have
slept together; document handed) received this
paper FRI m MIR Lsborde after an article had appeared
In Tuesdays Delta; this was three or four days before
an affidavit was made; the night before received IT,
Mr. Laborde said that he had the whole facts in
the written out for the Delta, but account Of
the intimacy between the Spanish Consul and his uncle
Mr. Msgnnis about it, at the Delta office and he told
me to go and see him; did so, and he gave nae this
documents he wrote it in my presence ! did not ask
him to sign it, brought the paper to the Office and
handed 1t to Mr. Maginnis; Mr. Laborde said that the
Della had published all the facts of the in the
Tuesdays paper and he had nothing more to add this
said when he handed the paper he did not say
how he acquired the information he gave me; have
never been employed in the Delta Office.
THOMAS Mc(iovERN flor the prosecution, sworn-I
have had conversation with John c. Smith in regard
TO this case; Mr. Dufour stated in Justification OF Mr.
Smith he would say that he had told that he remen-
bered what they would then prove by McGovern, and
that Mr. Smith absent from the city, or he would
testify to il himself Captain Smith and myself met at
coffee house corner Of Chartes and St. Peter streets
it commenced raining; sat down and held CONVEX
sation; after we had been speaking some time, Mr.
orion came up and Joined in the conversation;
he asked Mr. Smith il he did not recolect what Cap
tain Mcconnell said? Smith answered Yes; he asked
him IL he did not recoect that when the towboat called
to Mcconnell to know whether he ready that Nc
Cornell replied that if his cook did not soon come he
would make the Spanish Consuls man cook!
ANTONIO RICARDO (for the prosecution) sworn-Qn
Spanish. inter preted III am employed by Jose Mo-
rante recollect Rey or Garcia saw him on the 9th
Of last July; that day he dined at MIR Morante's
chocolate establishment No. 81 St Anne street with
me; Morsnte absent the whole day; we diaed at
o'clock that DAYS generally dine after this hour;
Rey was in the shop since the morning. saw Mr.. vii
laruba the shop that evening; Llorente came and
took Rev away after dinner
MIR. Foulhouze then offered the following aHdavt OF
Sr Espana the Spanish ensul
SWORN % . IN ss Ss
rival expects receive official documents
from the American Consulate showing that General Camp
bell Consul Havana went to Juan Car
board of the brig Andrew Ring and there
his official protection to the said Juan Garcia, alias
he been abducted from New Orleans and
further ,eed send said Garcia alias Rey back to New
Orleans the protection Of the American government
that the sad Garcia refused said offer and protection
declared that he satisfied with staying his own
country and had come there OF his own accord that said
evidence material for this atlantis defence and verify be-
will receive IL by the hrst from
Haana that delay Of ten days necessary to enable
wpssto procure said evdence that this adavit IS not
clay but ustce and that he learned the
facts since the BEGINNING OF this exami-
nation lSgnedI CARLOS DE EsPANA:
and subscribed before this 9Th day Of July
ls49. GEORGE Y. BRIeHr, I'd Justice OF the Peace
This was acc pied and the court adjourned to meet
this evening at O'Clock r. to hear the arguments
Of counsel. The prosecution will open the case and
will take up the evening.