Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1849-09-12

day 0fJuly last past, and ending yesterday, the
sthday Of August, isAs. have patiently and atten-
lively heard the voluminous testimony Of very nu-
merous witnesses, well on the part of the prose-
cution 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 man
ncr in which those duties to be by them perform
ed: IS decided. not that the accused are clearly
guilty of the assault and battery and false imprison-
ment, wherewith they stand charged, but,
mat the testimony Is such, and so contradictory
and so conflicting, to render it proper and neces
sary to be inquired of by jury of the country.
It is accordingly adjudged by the U. s. Commits
sioner that the said Don Carlos de Espana give bond
and sufficient surety, in reasonable amount, that
appearance at the next term of the Circuit Court of
the United States, for the Fifth Circuit, to be held
in New Orleans on the third Monday of December.
ls49; and in default thereof TO be committed to the
custody of the Marshal of the Eastern Dictrict of
Louisna, until he shall be delivered by due course
of law.
Andn is adjudged by the Second Justice ofthe Peace
for the parish of Orleans, that said James Mcconnell
Fulgencia Llornte, Marie, and William Eagle, give
like bond and security in the sum of $500, cond1-
toned for their appearance at the next term of the
Frst District Court OF New Orleans, and in default
thereof, they be committed to the custody of the
Sheriff ofthe parish of Orleans, until they shall be
delivered by due course of law.
FL 10
United States Commissioner.
GEO. Y. BRIGHT.
Second Justice of the Peace for the Parish of Or
leans
Atthe conclusion of reading the commitment
murmer OF applause arose from the audience, which
increased notwithstanding the cries of order, into
loud demonstrations of appreciation.
ar. FouihoGSe than arose and said it was with
great and deep feeling of regret that the Consul
Of Spain had heard the decision of the court lust de-
livered by their honors. He would beg leave 10 file
the following protest. which he desired to no spread
upon the record, against the power of the " 8 Com
missioner to commit the Consul. Mr.. F. here read
the protest.
Protest ffhe Spanish Consul.
UNITED STATES Us. CARLOS DE EspASA-Before
NJ. NJ. Cohen. U. S. Commissioner
The undersigned, Consul of Her Catholic Majesty
IN and for the port of New Orleans, begs leave to
en:er his solemn protest against the right or power
OF the u s. Commissioner, here sitting to investigate
this case, to require of HIM to give bond and secn
ity for his appearance to this charge, or in
default thereof to suffer preventive imprisonmnt in
the common Jail.
And he further protests against the Judgment or
order to said effect, which said Commissioner has
gwen tsisheo) CARLOS DE EsPANA.
Consul of II. c. NJ.
New Orleans, August II, 1919.
Com Cohen.-Has the U. S. District Attornev any
objections to offer why this protest should not filed?
Mf. Hunf0n thought it matter OF very little i'm
portance whether it be filed or not. A protest
against Judgment OF court is unknown Of protests
IN legislative proceedings but in judicial pro-
ceedngs He had no objection to the filing of the
protest. 1t was not right that the Consul could claim
put II was concession that he was wiling TO make
Mr.. Toulouse knew of no position but that which
Don Carlos de Espona had assumed from the first.
Ihe gentlemen might say it was concession he was
willing to make, and he would thank him for the
courtesy extended. He had read to the court from
Ellotts Diplomatic Code what he conceived to be the
rights and the position to which the Consul
entitled. Their honors had expressed their satis-
faction with the course pursued by the Consul in
complying with the law, and making his appearance
so answer the accusation. This was all he had to
say.
Com. Cohen thought it very innocent document
IN itself 1t was very unusual to pursue,
and he had, as Commissioners never met with such
precetept; but as no objection had been made, he
woi / order il TO be filed.
The accuesd were then ordered to remain in court
until they should renew their bonds aud give the
surty required. The bonds accordingly Civ
en and the parties bound over to appear before the
courts accordingly.
The court Of examination then adjourned sine die.