The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-08-24
THE ABDUCTION CASE.

THE ABDUCTION CASE.
Juan, FRAscIsco REr, ALIAS GARCIA.
Before Hon Geo. Bright Second Justice of the
Peace, and M. M Cohen, u. S. Commissioner.
FIFTEENTH DAY-TuEspAY, AUG. Ia.
Decision OF the Court.
! Long before the hour appointed, five O'Clock yes
terday evening" an immense concourse had assem-
bled to hear the opinion of the court in this case
which has occupied so much time and created such
deep interest and excitement. The accused enter
ed the court precisely the hour when their honors
took their seats the counsel for the prosecution and
| defence being also present.
| Justice Bright then called the accused who an
! swered To their names.
Commissioner Cohen then proceeded to read his
decision relating to the Spanish consul and was
followed by Justice Bright who read that part of
the commitment relating 10 Mcconnell Llorente,
Marie, and Eagle. II will be seen that the commit
ment is worded with great care and delicacy.
Their honors, in committing the accused, have
acted without favor and have fearlessly and impair
tally discharged what they considered their duty.
The following is copy of the commitments
The United States VS.. Carlos de Espana, Consul of
| Spain.
The State Of louisiana vs. Carlos de Espana, Jas.
Mc Connea, Fulgencia LIorente, Henry Marie, and
HIM. Eagle.
The court, during fourteen days. sessions of not
less than five hours each, commencing the 9th
day Of July last past, and ending yesterday, the
18th day OF August, lS49, have patiently and at
tentively heard the voumnous testimony of very
numerous witnesses, well the part of the
prosecution as of the Defence and the argument of
eight counsel, four on each side of this case.
And having carefully considered the same, and
the laws which point out and prescribe the duties
of examining and committing magistrates, and the
manner in which those duties are to be by them
performed II is decided, not that the accused are
fu of fha md haiti nd fals
imprisonment, wherewith they stand charged, but
That the testimony is such, and SO contradictory,
and so conflicting, as to render it proper and ne
cessary to be inquired of by jury of the country
It is accordingly adiudged by the United States
Commissioner, that the said Don Carlos de Espafa
give bond and sufficient surety, in reasonable
amount, that is to say, in the sum of S 5000,
dtoned for his appearance at the next term of the
circuit court of the United States for the fifth cir
cult, to be held in New Orleans the third Mon
day of December, lS49; and in default thereof, to
be committed to the custody of the Marshal of the
Eastern district of louisiana until he shall be de-
Hvered by due course of law.
And it is adjudged, by the second justice of the
peace for the parish Of Orleans, that said James
Mcconnell, Fulgencia Lorente, Marie, and William
Eagle, give like bond and security in the sum of
$s2,500, conditioned for their appearance at 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 Orleans, until
10y shall be delivered by due course of law.
(Signed) M. M. COHEN,
United States Commissioner
GEO. Y. BRIGHT,
Second Justice of the Peace for
the parish of Orleans
At the conclusion of reading the commitment a
murmur of applause arose from the audience,
which increased notwithstanding the cries of order
into loud demonstrations of appreciation.
Mr.. Foulhouze then rose and said it was with
great and deep feeling of regret that the consul of
Spain had heard the decision of the court just dev
cred by their honors. He would beg leave to file
the following protest. which he desired to be spread
upon the record, against the power of the United
States commissioner TO commit the consul Mr.. F.
here read the protest.
Protest Of the Spanish Consul.
United States vs. Carlos de Espana.-Before M
M. Cohen, u. S. commissioner.
The undersigned, consul of her Catholic majesty,
in and for the port of New Orleans, begs leave to
enter his solemn protest against the right or power
of the U. s. commissioner, here sitting to investi
gate this case to require of him to give bond and
security for his appearance to answer this charge
or in default thereof to suffer preventive imprson-
ment in the common jail
And he further protests against the judgment or
order to said effect, which said commissioner has
given. (Signed) CARLOS DE EsPANA,
Consul of II. C. M.
New ORLEANS, August Ia, ls49.
Commissioner Cohen-Has the United States dis
trict attorney any objections to offer why his pro-
test should not be filed?
Mr. Hunton thought il matter of very little inn
against Judgment of a court is unknown to our
laws He had known of protests in Legislative pro-
ceedings, but never in judicial proceedings. He
had no objection To the fling of the protest. II
no right that the consul could claim, but il was
concession that he willing TO make.
Mr.. Foulhouze knew OF no position but that which
Don Carlos de Espana had assumed from the first.
The gentleman might say il a concession he
was willing to make, and he would thank him for
the courtesy extended. He had read to the court
from Elliott's Diplomatic Code what he conceived
TO be the rights and the position TO which the con-
sui was entitled. Their honors had expressed their
satisfaction with the course pursued by the consul
in complying with the law and making his appear
ance TO answer the accusation. This was all he had
TO say.
Commissioner Cohen thought it a very innocent
document in itself II was a very unusual course
10 pursue, and he had commissioner, never met
with such precedent; but no objection had been
made, he would order il to be filed.
The accused was then ordered 10 remain in court
until they should renew their bonds and give the
surety required. The bonds were accordingly given,
and the parties bound over TO appear before the
higher courts accordingly.
The court of examination then adjourned sine die.
From RIO DE JANErRo.-The brig Argyle, Capt.
Murphy, arrived at Baltimore the 22d from Rio,
whence she sailed on the Sd July. The following
U. s. vessels were in port: Frigate Brandywine,
Com. Storer; sloop of war Falmouth, Com Petit
grew, TO sail for the Pacific in eight ten days;
and store-ship Supply, Lieut.. Comd'g Sinclair,
from the Mediterranean. The ship Susan G. ow-
ems, Barclay, from Philadelphia, for San Francis
co, had put into Rio for supplies, and sailed again
on the 30th June. There were only three Califor-
MIA bound vessels at Rio when Capt M. sailed, viz:
ship Othello, Galloway, had been far the
Straits of Magellan, and put back with loss Of an
chors and chains; bark Ralph Cross Davis, and
brig Meteor, Smith, both from Philadelphia,
10 sail in day two.
The FLORIDA WAR.-A slip from the Office Of the
Pensacola Gazette, dated August Is, says: Captain
Smith, Of the schooner Mystick, arrived here the
evening Of the l4th from Cedar Keys reports that
the late outrages were committed by band Of
seminoles, under Billy Bow Legs Much alarm
was felt by the inhabitants, and they rushing
from their settlements 10 the different seaports for