The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-08-21
THIRTEENTH DAY, SATURDAY, AUG. IL.

Their honors took their seats at o'clock, the
accused all being present, well the counsel
both sides. Notwithstanding the heat of the wea-
Their, large audience filled the courtroom.
Mr., Collens resumed his argument for the de-
fence. He proceeded to examine the circumstances
from the 18th Of May, and related the CONVEX
sation between the Spanish consul and Tresoazes,
who had stated in his testimony first, that he made
no answer 10 the Spanish consul's proposition and
on his next examination he says he advised the
consul To get out n writ, and he left him. He al
iuded to the statement that Trescazes had made as
90 the situation of the consu's private parlor and
invited the court To visit the premises 80 that they
might satisfy themselves. He quoted from Green
leaf, vol. |, sec 2l7, to show that confessions
declarations made IN private are the weakest kind
0r evidence, unless cnrroborated by surrounding
circumstances. 1frescazes was only called to OBJ
tain information, and not to make any arrest. This
was proved by the testimony. His testimony
cnntradicted by all the surrounding circumstances.
Trescazes mentioned Rey. At that time Rey
was only known by the name Of Garcia, proved by
Duauesny the chancellor Of the consul. Mr. G..
commended IL was sufficient TO disprove this testl
mony of lrescazes by a single witness. To prove
that the Spanish consul had not the information
which Trescazes said Ire had, Mr. G. called the at
tenton pf the to the letter TO the captain gen.
eral Of Havana, in which he asks for the nforma-
ton. The consul had absolutely written to Hava-
na for Garcas pardon, as was testified to by Du-
quesny and Ayalo, who said Garcia told him so
He alluded to the declaration made by Rey, and IT'S
object aud read the letter Of Sandova to prove that
II the information expected that should not be
smpeded-not the The evidence must be such
as 20 exclude Innocence 10 make it conclusive But
where the hypothesis Of innocence was raised by
the evidence, 1t must go IN favor of the accused IL
was all suppostlen and Imagination on the part of
the prosecution Mr.. c. commented on the testi-
rnony of Morante. whose evidence was all suppo-
.si,ion as to the abduction Of Rey. That Garcia had
told Morane the Spanish consul had been to see
him and If Garcia had felt thai there was any thing
wrong a, the time he would have told Morante and
taken means to escape, but Garcia had refused To
tell Morante any thing further Why did he go,
then m the house of the consul on the 9th of June;
II was to make the declaration, on which he ex-
pected his pardon How could il be said that de-
caration was forced from him, with daggers hang
ing over him, when it was in evidence that Rey
went frequently to the consul's house afterwards;
was at perfect liberty; and on the Sd Of July went
back by HIMSELF alonei Mr.. c. here alluded TO the
conflicting testimony Of Correno, which was dis
proved ny Morante and two other witnesses That
every thing showed that Rey wanted to return TO
III ,vana. Mr. g.. explained the reason oi Ayala :
gong to Havona he under the belief that lac
had been pardoned by tie decree OF amnesty oi
Spain The prosecution had assumed the ground
that the letter of Sandoval related alone to Ayala