The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-08-18
THE ARpuorIos CASE.

Juan fhAkCtoCo ANEu, ALIAS oAhCiA.
Before the Hon. Geo. " Bright. Second Justice of m
Peace, and M. NJ Cohen, U. s. Commissioner
TENTH DAY.-WEDsEspAY, Aug. g.
The investigator was continued yesterday even
ing at o'clock, m, the counsel for the prosecu
ton and defence being present
Christian ErsleW st10Sn.-Jur. Hlnion-I desire
that there should be some end put to this nyesliga
ton. Counsel may desire TO spin il out but no
ufy the parties that desire that il should end this
evenings and so far as the United STATES is concerned
am ready TO submit it, We have already occn.
pied nine days, and il is time the case was closed
Commissioner Cohsn-The parties have certain
rights which the court cannot curtail, and although
1t IS tired OF the case and anxious to bring il TO ar
end yet the court cannot force the counsel for the
defence to close
Mr. PrtauI.-As far as the rights of my clients
are concerned, they must be prosecuted.
MIR ErsIew has known Cook since 1885. Knew
HIM first at Charleston, South Carolina. Knows
his general character for truth and veraciiy Have
heard people say he he was a d--n rascal
Cross-eranlinsd-Knows Capt. Mcconnell Did
not have conversation with him on the 4th, but
had one on the Sd about his gun Being told to re-
late what took place, witness said he asked Capt
Mcconnell for his two cannons on board To fire a
salute on the 4th Of July. Captain Mcconnell said
he wanted to use them himself and to go to sea
on the 4th if he could. Captain Mcconnell did
not tell witness that his vessel had been chartered
but witness told some one else so. Witness told
some one that the captains vessel was tied by a
rope yarn, meaning that she was chartered.
John Hildetraid scorn.-knows Mr.. Cook; has
known him for five years. Knows his character
for truth and veracity. Cannot say any thing
about his character for truth or fnlsehood.
No cross-examination.
M NJ Reynolds acorn-Has known Captain
Mcconnell for great many years Witness has
known him since 1887 or 1888 Ii is great many
sin uyitn al in
business. Considers Captain Mcconnell an honest
and an upright man.
Do you believe he would be "a party to an abduc-
tom
Objected to by prosecution.
Do you believe, sir, he would violate the law Of
his country
Objected to by prosecution.
Mr.. Larue then made some remarks to show that
he had right to put the question.
Justice Bright he witness has no right to pre-
sumo all accused person, who has hitherto borne u
good character, to be guilty, until he has been
proved so, and it is superfuous ask the question
Mr.. Larue then requested Justice Bright to be
sworn to prove the character of Capt Mcconnell.
Justice Bright remarked that ne thought Mr..
Larue was trying to delay the examination of the
case, and refused to testify.
Jno. Doland s,corn Knows Chs Rogers Knows
him by eye-sight; has seen him on the levee. His
character is pretty good-the same as any sailor
runner.
No cross-examination.
PROSECUTION REsUMED.-Jose Rabeu sicorn.-
In Spanish, interpreted by Mr.. G. j. Gomez. i
Witness keeps coffee-house on Levee street, be-
tween Ferdinand and the next street, ad joining the
cotton PRESS Third Municipality. Witness says,
that on the evening of the 9Th of July the Mary
Ellen was at the wharf opposite his cofee-house
Saw several persons come from on board to drink
at his cotfee-house. Cannot tell whether they were
of hac nr A had har-
keeper, he had to remain inside the house all the
time. Did not see Rey at his house that evening
There are so many persons coming in and ont, that
he seldom takes notice of persons. Witness does
not know Rey.
Cross-rramined.-W Witness never gave any drug
ged liquors to any one in his house. He gives no
thing but natural drinks Witness thinks he saw
the house that evening. Does not know LIorente
Thomas j. Burke scorn.-Knows JOS. M. La
horde; has known him for about six or seven
years Witness has been intimate with him they
lived together and slept together
Ques.-WiI you look at this document and say
whether you received II from Mr. Laborde? The
document was here exhbed.l
.4ns.-Yes, sir; received this paper from Mr.
Laborde. received 1t some two or three days be-
fore the affidavit made in this
Witness being requested to state how Laborde
came 10 give IL to him, said that Mr.. Laborbe told
witness he had written out all the facts concerning
this affair for the Della, but that account OF the
intimacy existing between Laborde's uncle and the
Spanish consul he had torn it up. Witness then
told Mr.. McGinness what Laborde had said, and
Mr. McGinness sent witness back to Laborde, who
then gave witness this document. The paper was
written in the presence Of witness, who brought it
down and gave it TO Mr.. McGinness. There was
no name signed to il Laborde told witness when
he gave him the document that the Della had alrea-
dy published all the facts concerning the case, and
he (Laborde) had very little TO add. Mr.. Laborde
did not tell witness how he became acquainted with
all the facts of this case.
Question.-Will you be kind enough to state
what Captain Smith told you about this man Reyi
.4nsuer. had a conversation one afternoon
together on the corner of Chartres and ST. Peter
streets. II commenced to rain, and we sat down.
After conversing awhile, Mr.. Horton came up and
asked Mr. Smith If he did not recollect what Cap
tain Mcdonnell had said. Mr.. Smith said yes
He asked him if he did not recollect that when
Captain Mcconnell was hailed from the steamboat
he replied that if the cook did not come soon he
would make a cook Of the Spanish consul's man,
or get him to cook. To which Captain Smith re-
piled yes
Mr. Larue here objected TO the witness giving
such testimony.
Mr.. Dufor the court please we offer this
only as rebuiting testimony, and will state, IN
Justice TO Captain Smith, who is out Of town, that
he would Otherwise have been here to state TINS
fact
Mr. Larue read authority to show that no rebuff
ting testimony could be offered when the statement
had not been made on the stand.
Mr. Hunton maintained that the effect Of the
question was TO prove, in the absence Of Captain
Smith, what he had said, not on the stand, but to
another person, and that person was the witness.
II was, then, certainly legal to prove what he had
said, not as rebutng testimony, but as in addition
TO Smiths previous testimony
Mr. Warfed then read that part OF Captain
Smith rs testimony, and remarked, that Il Captain
Smith were here, he would state what the witness
says.
Mr. Larue commended that the testimony Of the
witness could only be offered TO impeach the credi-
bility OF Smith.
Nh Hinion.-We do moi desire to impeach his
testimony, but to supply what Mr.. Smith would
have said himself
Mr. Larue further contended that the question
could not be put nor the testimony received, under
such circumstances.
The court ruled that what witness was told IN
the: street was not evidence, but the witness might
proceed TO stae what former witness had said "