The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-08-07
THE R EP u G.
From the NJ o. Piesy'ins, July rs.
THE ABDUCTION CASE.
r..vc,soo RrY, ALIAS garcia,

JUAN FRAscIsco REY, ALIAS GARCIA.
Before Hon. George y. B'IgM, second Justice q inc
Peace, and NJ M Cohen, U. 5. Commissioner
The examination of Carlos de Espaha, the Span
ISL consul. Fulgenco Llorente, William Eagle, and
Henry Marie, charged with assault and battery, IN
violently abducting Juan Francisco Rey alias Gar
ella. bv forcibly carrying him on board the Ameri-
can schooner Mary Ellen, Captain James McCon-
nell, bound for the Havana, on the 5th day OF July
last, came on yesterday morning. Every prepare
ton for the convenience and accommodation OF Inc
public had been made in the little courtroom, anu
tables and seats were provided for the reporters VI
the press
The excitement was intense, and the room ana
galleries were crowded to suffocation. Hundreds
were unable to obtain admission, and large crowd
was assembled opposite, in front OF Hewleus Elk
change, awaiting the result
Al fifteen minutes before l0o'clock the accused
appeared, represented by their counsel, Messrs. j.
Fouhouze Robert PreauX, and L. w Colens The
prosecution was conducted by Messrs. Cyprien
Dufour and P. S. Warfeld Logan Hunton, the
u. s. district attorney, and M M. Reynolds, district
attorney of the State, were also present w. X.
Wanton was sworn as interpreter, and also Thomas
Gilmore 10 reduce the testimony TO writing.
His Honor took his seat at 10 o'clock. The
parties being ready for trial. Mr.. Dufour desired
the witnesses to be called for the prosecution. Be
fore which, however Mr.. Foulhouze offered TO the
court the erequat,r of Carlos de Espafa, by which
he was recognised by the President of the United
States as the Spanish consul for the port of New
Orleans. The witnesses for the prosecution, nearly
forty in number, were then called
Mr. Hunton here rose, and stated TO the court
that he had appeared in accordance with the sum
mons, but at the same time, he did not come in the
character Of prosecutor 1t appeared by the doc
ument just offered the court that one of the par
ties accused was a consul of Spain, and he desired
Dra : Il had off
Directing 10 the jurisdiction of the court
Mr. Foulhouze replied, that the consul had with
due respect to our laws obeyed the summons, but
that in the course of the proceedings no right or
privilege whatever would be weighed.
Mr.. Collens said, in regard TO the question OF
jurisdiction, in relation TO the consul, he could not
waive his rights He would submit the question
of jurisdiction as to him. but to the other parties
accused he would make no objection TO the jurls-
dction of the court
Mr.. Hunton insisted on knowing whether the
counsel for the defence intended TO object to the Ju-
risdiction of the court; if they did not, he, Mr.
Hunton could have nothing further TO do with the
case as il would then be in the hands Of the State
but If they did, he should insist upon having COM
missioner of the United States to take down the ex-
animation.
Mr. Dufour remarked that no motion had yet
been made 10 except the jurisdiction of the court
Mr. Coens said that from the position assumed
by the prosecution he should be forced TO seek the
protection of the laws of the United States.
MIR Hunton then desired that the examination
of the consul's case should take place before Unl
led States Commissioner, which was assented TO.
The court said that the affidavit made before him
WAS against private Individuals that II did not sci
forth that one of the parties was Consul OF Spain
and that it now officially appeared for the first time
Mr.. Reynolds contended that the State had juris-
dicton of the case whether 1t was foreign consul
or minister if appeared that the laws of the State
rad been violated Here some applause was mani
tested, which quickly suppressed on rebuke
from the magistrate.
After some further discussion il was agreed that
a COMMISSIONER should be associated with the JUS
lice, and on suggestion M. M. Cohen was sent for
Mr.. Preaux then stated TO the court that he ap-
neared for Llorente Eagle, and Marie, and he
would now move upon the affidavit of his clients
that their examination be postponed until the arrva
of the brig Mary Ellen from Havana, IN order to
establish fully the falsty of the accusation. Mr.
preany sunnorted the motion with much warmth
and became greatly excited, so much so that he re
ouested Mr. Foulhouze TO read the affidavit for him
saving, 81 am so excited ! cannot read til an
nervous After the affidavit was read, Mr. Preau'
stated that he expected TO prove by the tesumon.
of the crew of the Mary Ellen, that Rey was no
forcibly taken away, but went OF MS own Tree VIII
That he would further show, by testimony 10 b
taken at Havana before the United States Consul
that Rev is free and has been restored TO his orme
position.
Mr.. Dufour replied to Mr.. Preaux in speech q
some length, and contended that the court could no
entertain the motion, as the witnesses here spokel
of-the crew of the brig Mary Ellen-were beyon'
the jurisdiction Of the court; they were not onll
out Of the State, but out Of the United States I'm
was merely an examination, not triaI Inc &C
eused were not called Ipon to prove their innocence
IL. suDStdnUate
charges He further contended that The contlnu
ance might debar the prosecution OF their witnesses
and the vessel might never arrive. Here The UNI
ted States Commissioner arrived, and took his sea
beside the iustlce Mr.. Warfeld followed, taklnl
The same position his colleague, Mr.. pufour
Mr. Preaux replied, and was followed by Nj
Collens on the same side They contended tina
the reputation Of the consul was at stake, and h
asked the court, through respect for our laws an
country, to continue the case for twenty days tn
captain would be examined on the return Of III
vessel, and why not wait his ARRIVAL
Mr. Dufnr-I wish To submit a proposluor
the case being ready, let US go on with our test
mony, and we will hear the evidence OF the &C
cused afterwards or on any day they may thin
proper 10 appoint
M Prsrur.-No, sir, ! am not willing you
statements shall go before the public one-sded, I
excite the people, without our proof to reout then
An afhdaylt was tnen maue Dy the COnsulS anu
continuance based thereon applied for by his cour
sci on the same grounds as those m reference to u
other three prisoners. After some further remark
on the part Of counsel Mr. DufouT, IN order tn
the position Of the consul might be understood
gaye notice to the court and the defence, that Il
present case was one charging three Of the accuse
with assault and battery and false Imprisonment
and the Spanish consul with being an accessory.
Jose Morante was then called and sworn-lTl
questions we're put in Spanish and translated by Il
,nterpreter Witness resides in Frenchman stree
Has chocolate mandatory at No. 81. AM
street Llorente requested witness to let Rey sle'
in his house One night Llorente came to witness
shop. IN ST Ammo street, Incompany with one Ayal
I.lorente took witness aside, and asked him wheth
he would be good enough TO favor OF assist an Vi
fortunate man in difficulty; that Rey was at eigi
store at the corner Of St. Charles and Grnvi
streets. and that he was apprehensive that ne VI
going TO be poisoned. Witness then replied IN
n Rev had committed no guilty act towards 7
United States, he was ready to receive him: IL
ren,e then turned to Ayala, and putting his ha
ON WITNESSES shoulder, said: "Did not tell you
.bould meet with good friendi" Two days
forwards. on the stb Of June, Llorente brought
D.. a., ,,,;,nessis house Rev remained al W