Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-08-10
MISCELLANEOUS.
THE ABDUCTION CASE At NEW ORLEANS

MISCELLANEOUS
THE ABDUCTION CASE AT NEW ORLEANS
The preliminary examination of this case IS
mt VET concluded. The witnesses amount 10
some sixty in number. As the matter attracts
much attention, we copy below three documents
relating 10 it. The first paper Is the amdavh GU
which the proceedings were commenced VIZ
"Jose Morante, resident oil the city OF New
Orleans, being duly sworn, declares that on the
9Th day of June last, q young man named Juan
Francisco Rey, alias Garcia, was introduced 10
affiant by Fulgencio Llorente, resident Of this
city, under the following circumstances: Llor-
ents told afiant that said Francisco Rey was a
fugitive from justice from the Havana; that
since his arrival here, said Rey had been Nv
ing secretly at a friends house, but he now
feared that the poor young man might be in
danger Of bis life or liberty, and that he wished
him 10 be conveyed Immediately 10 The atiiaut's
house. That, accordingly, said Rey came to
atlantis house and remained there until the 5ih
day of this current month of July, when he was
feioniously and forcibly taken away from the
atlantis premises and on the same day, or the
day after, between eight and Ion O'Clock al night,
said Rey was forcibly conducted to the schooner
Mary Ellen, then lying in front of the Lower
Cotton Press, and there with force and arms
thrown into the cabin; and the said schoon.
er then showed of into the stream, and left for
foreign port, supposed to be the Havana.
"Afianl now charges that The above related
facts concerning the forcible and unlawful I'M
pressment and violent abduction OF said Juan
Francisco Rey, ias Garcia, from This CITY lor
q foreign port can, and will be substantial
ted by Witnesses on the investigation Of the case;
lE,p rnr roh,r that hal
true reasons TO believe aud affirm that The follow
ing named persons were among The parties en-
gagged in this unlaMt fol deed, viz: Carlos DE Is
pana, William Eagle, and Henry Marie. all re-
siding in New Orleans and James Mcconnell,
captain oil said schooner, nov al sea. Afnani
prays that said persons be forthwith arrested, ior
having laid violent hands upon and unlawlully
impressing the said Juan Francisco Rcy, alias
Garcia, whilst under the protection OF the law
OF the State of Louisiana, and ,hatihey be deals
with accordingly. And further this deponent
saith not. jose MoRAaTE
The next document is an affidavit filed BY three
OF the defendants, in support OF a motion asking
Tor delay in the trial. |. is as follows:
"F. Llorene, VIM Eagle, aud H. Marie, be-
Ing duly sworn, say: That they are NOT pre-
pared TOR the examination OF this case that sc
versl witnesses on their behalf are unavoidably
absent; that the names oi said Witnesses are Geo
Coleman, X Smith, ] AusuSin, a Parry, w
Ludlum and Domingo Valarans, who compose
the crew OF The schooner Mary Ellen, Captain
Mcconnell, now in Havana. That said wit
pesses are material, and by The testimony OF SAID
witnesses these deponeus expect 10 prove The
whole truth in connection with This case, to WI:
shat no crime or msdemeanor whatever has been
committed, and that Garcia, alias Rcy, was not
forced on board OF said vessel, but went and TOOK
passage on her Of his Own free will and accord.
These deponents further say that said schooner
LEFT the port Of New ORLEANS on The 9th OF July
instant, and was at the Havana quarantine On
or about The 18th instant. That the quarantine
al Havana is twenty days. ami these deponenis
expect the return OF said schooner with said VIII
nesses within The next twenty days, and will then,
by said witnesses, mol only be able 10 rebu, any
evidence which may be brought forward against
them bur also show their entire innocence, and
the tact that no crime was commit,ei as charged
By any person whatever. These deponents, ur-
ther, will also be ready in said time 10 show that
Garcia, alsas Rey, is free and content in The city
Of Havana, and that this prosecution has been
Got up from personal and yindiciive motives and
ui,hon, probable cause. That these deponen's
we're Dol permitted 10 learn even The names OF The
Witnesses who were TO be produced against them
il time 10 prepare TO rebut them; that this afftda-
VII is not m&Qc IUl ucldyt Uut w PlOSuiC JuSiSo,
and full and fair examination OF the case.
F LLoRENTE,
WIN EasLE,
n MARIE"
And the third documen, is An affidavit Of The
Spanish Consul, filed for the same purpose as
the preceding one:
.Carlo. de Espana, Spanish Consul, bring
duly sworn, SAYS: That for the same reasons as
those urged aud stated in the preceding afii lavii
be Is not prepared for this examination. That
The witnesses named in the preceding alliiayi
are material on his behalf, and that he used
every diligence to obtain the promp, return OF
said witnesses; that within twenty days he cI.
pecis 10 receive from Havana The declaration G!
Garcia, alas Rey, himself, taken before the
American Consul, by which it will be shown
that tine person alleged 10 have been wronged
repudiaies his prosecution and is free, and has
been pardoned BY The authorities; and further, that
he departed Tor Havana OF his own tree will and
accord upon previous written assurance of par.
don from The Captain Generals office; and il will
further appear from said evidence that no crime
whatever has been committed. Deponeni fur
ther says be has used due diligence, BY wiring
to Havana by every opportunity, 10 procure said
documentary evidence and The prompt return OF
said witnesses. That this affidavit is not made
for delay. but for justice. CARLOS GE EsrANA."
The delay asked for was refused.
AMERICAN FLAG VIOLATED AT
ROME-A correspondent Of The Boston Adyer-
tiser gives history Of the transactions which
led TO The taking down OF his arms" by The
American Consul, at Rome, as stated In our
ielegraphic dispatches. 1.-THE affair took place
on the 9Th, and may cause some difficulty between
the French and our government. Our Consul,
rs we'll as the English Consul, had been very &C.
lively engaged in giving passports 10 The poor
devils who have been compromised BY the
course OF events There was crowd OF these
people before the house OF our Consul, when
picquct Of French soldiery passed. From some
reason or other, probably from some injurious
words from some in lhs crowd the soldiers imme-
diately turned, and entered the house Of our Con-
sui, aud took Two men prisoners.
nMr. Freeman our Consul for Aucona, happen
ed 10 be in the house, and he protested against
this violation Of our 1ag-for the American flag
was floating before the house. No notice was
taken Of this proles. by the suballcTn command.
ing the picQuet. Freeman Immediately proceed
ed 10 Oudino, who expressed himself very much
annoyed at the acts OF his soldiers. 10 The eve.
ming Cass wrote, on the complaint Of freeman, 10
Oudinoi, demanding an apology OF The insult.-
The answer had no, arrived on the 9h. In the
meantime our flags have been taken in from the
houses OF the Consul and charge, and il an am
pie apology is not made, Cass will leave imme.
dia,ely: SO stand affairs at present."
PETERSBURG RAILROAD.-The Peters
bug Railroad Company has effected contract
viii james Dunlop, Esq of Petersburg (who has
the agency OF an extensive iron mandatory in
EDgland,) for heavy 4 rails sufficient to relay
their track as far as the Junction Of the Green's
vile railroad. This, with the iron already laid,
will make IS miles, which will complete the
rebuilding of their road as far as their heavy
trade il carried. The effsct Of this improve.
ment [,ays the Intelligeucerl will DO TO greatly
increase tho safety, comfort and expedition Of
tho passenger lines on the railroad, and also
enable the company to carry freight with great
Of despatch.