The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-08-15

he question asked "how awear-ha we know his
about the crew ID that not single one Of them
M s come On board anu " tns aey they eaanot aeaiI
NE audrey KING was Rey, they do not know It strange
mate should down Inc cabin and then swear plump
ssp sps Jaw wo o genpHe sPan.h mat he hfd
Another fact sir which has not been sustained
Rev board between and O'Clock in lie s6emooR
W s et Ne sI p9D s Of snEsen psss9gs Il
concerning the passenger took place between
alton that MeCopne had oesd b6n by sSe no asseRFeTs
This Is nexpeabe since it is Ataed that that penOn had
word passed on The subject Well sh but il may be
been seeSs there had been any stsnoS @ bS S tb ne
man R [AI5i cS a,5 81, gyss az The detasl
board in the dak- with9ut ANYTHING and am 10 be told
esIe Rsy3 was in The cabin ana asked for wine Yes
but he can prove that i waA rot another manthats M
will not allow my feelings TO warp my Judgment am not
aIe49S, pT ssS he Is one ana INV o me I S pc
which all diseordant temonypo probable. however-bat
is theory that showsthe guilt Of the parties Bey was
az n b ssa Ssaed aSa 6dSS t6S SPANISH baod
hounds in pursuit Of hm-may be he hadhfe induced BY
s9ms they had no confidence in the man and desimbs
achieve the object and Q Obey th1 Of the
upon Rey The Spanish Consul also had his bulldogs,
Gn1s@i neIbS would NOT violate he laws oil Tie county
but il settled thing that Rey must g % aysne I'M
der that state Of mind he went down g the neghhorhoed
Of the vessel and then i was that andsS Re mhlstsed
thrsat. induced to embark and the iO0ha man.
u Of no use to compaia and ioug 70 nuke the bestof
ibpp M tbe Witnesses may have sworn he truth il that
event would be case Of alse iHsgrtsslnl.'it al;
about the political aspect Of this matter W with mat have
erston wish were allowable for 70 enter upon the
theme and unless gentlemen, in whose statements have
Captain General Of The Island Of Cuba has dated, the
nsoenee Of hs power 70 nave 0Hs ~ 6 ~ 1,
/ may be mistaken, though have eyety night 20 aiach
suffer such ouage-suoh violation Of al the laws oil
sr ast You to take up this matter like any other
ton We ask you disgrace and degrade any 0ae
we 5 5apgo 6 TAI IN bg b 18th
facts you will deny We say lhen 2 you Is mags-
MP these dark doubtsgiye Us light And Whatever may ge
the Iesut o. thls nYesugalon, y WI MI Snsiice az
spng and Initiating foreigners in dress and manner WI
choose to wear muaaehios may DO So though am not
great admireT Of them but whist we are taxing lessons LON
them in Their mode of arestng offenders and this poeou-
whether they be he dgned officials minioBs Of Roy
atty that when they shall be required 70 90 an he a val
Sire would obey bshest but am affssd to violate
American law
The Court met at P. NJ, yesterday, 70 make
public its decision in this case. The accused were
called and all having answered to their names,
Mr. Cohen proceeded toread the following decision;
The United States vs.. Carlos de ESpaiid.. =.
The Stasof Louisiana vs.. Carlos de EspaaG,
Fulsencio Llorepte, Wal. Eagle, Henry Marie,
and James B. Mcdonnell
The Court during IA sessions Of notices. than five
hours each, commencing on the 9th day Of July
last past and ending Oh yesterday the 18th day Of
August l949, have patiently and atientiyely heard
the vOluminous testimony Of numerous Witnesses
as well nihe part Of the prosecution as the de-
fence anditho arguments OF eight counsel, tour ON
each side Of the case And having carefully con-
sidered the same and the laws (which point out and
| prescribe the duties Of examining and committing
magistrates, and the manner in which those dules
are to be by them performed u IS decidea, MOI
that the accused clearly guilty Of the assault
and battery and false imprisonment with Whlch
they stand charged, but that the testimony IS so
contradictory and conflicting TO render Il proper
and necessary to be inquired of by jury OF the
country. Il is accordingly adiudged by the United
States Commissioner that the said Don Carlos de
Espana give bond with good and sufficient secu-
Tify, in reasonable amount, that is, IN the sum Of
S5000 conditioned for his appearance al the next
term Of the Circuit Court OF the United States, for
the Fifth Circuit 70 bs held in New Orleans on
the 81 Monday of November, 1919, and in default
thereof TO BE- committed 10 the custody of the Mar
shatof the Eastern District Of Louisiana until he
shall be duly delivered by due course Of law.
Justice Brightadded the following:
And it is adiudged by The Second Justice Of the
Peace for the Parish Of Orleans, That said Henry
Marie, Fulgencio Llorente, WA Eagle and James
| B. Mcconnell, give like bond and security in the
I
/ the next term Of the First District Court Of New
! Orleans, and in default thereof they be committed
to the custody Of the Sheriff Of the Parish of Or
! leans until they shall be delivered by due course
4 Of law.
IA very faint applause followed the decisiou.l
i Mr.. Foulhouze, one of the counsel for the Con-
sui, then arose and addressed the Court If the
Court please, it is with feelings of deep regret that
/ have heard such decision announced, and now
offer this protest of the Spanish Consul
United States vs.. Carlos de Espaila. The under
signed Consul Of her Catholic Majesty in and for
the port OF New Orleans, hsgs leave to enter this
his solemn protest against the right and power of
the United States Commissioner, here sitting, TO
| investigate this case to require Of him to give
bond and security for his appearance to answer the
charge, or in default thereof 20 suffer preventive
imprisonment in the common jail ; and he further
protests against the judgment order to said effect
which said Commissioner has given.
CARLOS DE EsFAEA, Consul Of H. C. NJ.
Mr.. Cohen-Has the U, S. District Attorney any
objection TO the filing Of this paperl
Mr. Hunton replied that he did not think that it
was usual to offer protest after Judgment, but
that he would coneede it as a courtesy to the
accused.
Mr.. Foulhouze again addressed the Commits
sioner, stating that the Spani9h Consul in Offering
the protest had no other meaning or intention ex-
cept to keep the position he had held from the
beginning That if the Court thought proper to
consult Elliot's Diplomatic Code, and would turn
to the chapter relating to Consuls, before read by
him, it would perceive that it wasimperative upon
the. Spanish Consul to offer this protest.
The Commissioner la answer, stated that he did
not see that The matter in the protest was such as
to prevent its going on file. The paper seemed
to be an innocent one and would be received.
'Phe parties accused then gave the bail required
and the Court adjourned
~ Fire DepaTiment-Ah Adjourned Meeting Of
the Eoremen Of the Fire Companies Of New Orleans will be held
the Hell Of Mississippi Fire Co. FRIDAY EVENING the
h us az O'Clock, for the purpose taking into consideration
the Organization Of e Fire Department OF this city, and o TIT
transaoionof other business
aul5 WM. F. FLOWER Secretary
~ Grand Temple Of the State of Louisiana
The Regular Meeting will take place SATURDAY
the 18th inst, hapast O'clock Members will please pune
tual, By dtderof the c. W. 7. ~ - x