The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-05-21


Imprisonment of Reg.
This which has been continued wice called
up again yesterday Capt Mcconnell and Marie present
in Court but Lorene and Eagle the other parties accused
have abented themselves from the State Their bonds there
FORE amounting $500 each, declared forfeited The
witnesses having been called it was found that Charley Rod
absent, and the State expressed its unngness
enter upon the trial without his testimony Attachments
accordingly issued both for him and other witnesses
the part of the defence Nesss j. G. Larue and 7. W.
Coens appeared for the accused, aud the District Attorney
conducted the prosecution. On motion of Mr. Larue the
Jurors separately examined to whether they had
formed expressed any opinion the guilt innocence Of
the parties Under this rule several Jurors rejected and
attempt made to exclude Mr.. w. 7. Mayo the
ground that according to his admission he had the time
expressed opinion in the of the Spanish Consul but
perfectly able to act imparaly and without bias in
the matter before the Court His Honor decided, how
that he good Juror, upon which the counsel for
the defence stated that they would take bill of exceptions
After eleven members of the Jury had been in, the
panel exhausted and attachments issued for absent
Jurors The Jury having been finally empaneled consisted
of the following gentlemen; A Inkan S. Flynn, A. Floe,
j. Boyan N. H. Grashe. Charles Bablan, NJ Spinda P.
Sherry, j. Gantz, T. McGrath, W. T. Mayo, and ]. Ca
WELLER.
The District Attorney having read the Indictment compris
ing counts assault and battery and false impson-
ment well law bearing upon both oencesthe first wit
Jose Morante The counsel for the defence
wished have of the witnesses separated particularly
Rey he did not object however have the testimony of
the latter taken beforehand which separation would
be The Court decided that Rey should be sepa
rated, also the witnesses for the prosecution and Defence
agreeaby to the wishes of the District Attorney.
Mr. Morantes evidence being greater part overrued by
the Court irrelevant, in the opinion of the Judge to the
charge ISSUE pass by the of questions propounded
by the Defence and objections made by the prosecution and
sustained.
CHARLES RoDGERs sworn.-I know Capt. Mcdonnell to
BE- commander Of the schooner Mary Ellen, which e for
called ut my house, and left word that he had something for
me e DO subsequently met Mr. Eagle who tod met
not on trial
DiStriet 4ttqrnegThe object show that he
The torrt-You state thing going to show that
bftSess-I was employed BY Eagle to PIT Rey on board
il company with Llorsnte and Eagle Witness identified
the Cotton Pee-was toll 10 wait there and would see
s e MAJ Wan NAN d bs a along with sont mPn
mama h2 The witness here related the particulars of the
act OF abduction which sufficiently familiar readers
After we had put the board the vessel went off i'm
medlateyn TACT, scarcely minute elapsed, Marie
paid for the job Rey was picked up whilst standing on the
eyee and carried on board Of the vessel He did appear
sufficiently near the levee for to have walked
board without assistance. did not see any baggage.
The rosexaminatioaconirm of Rodgers tended to con.
firm the direct testimony
JUAN FRANCIS GARCIA, alias REY, swom.-The witness,
who the hero of the appeared the stand. He did
few months since The fare Of he Parish Prison must have
o% To
restrict NE evidence to the time Of the aedged abduction,
the witness Rey first examined through Mr.. Sere who
acted as interpreter upon the nature OF oath, and
commission Of the crime Of PERJURY. He testified as follows:
That on the 9th Of July last he residing the house of
Mr. Morane, in St. Peter that the afternoon
that day, he accompanied Loente an eating house
eSee and met MARIE eppsd into co bop aoR gbe1 e
Lorene insisted taking drink Witness took lemonade
him BY the barkeeper After they had left the coffee house
they had proceeded b2t few steps when he was seized by
who carried him forciby board of vessel (the Mary e.
made w al he R e. he eod for Hal d APE and
nobody on the wharf One OF his assaan placed his hand
removed until be was taken on board Two mem
carried him from the side of the vessel into the cabn-they
made no Outcr when the hand was TAKEN UM his mouth
because he Yves astounde He struggled when placed
bn but did not call although he prevented from
Sog n So Mne would have escaped but as soon as he
one passenger (Mr Robinson he sat down by him, and
MN into the cabin remained there few moments when they
et witness did not to go up he $50 astounded at
and witness being sick. went on deck with him The MaTy
Ellen passed the bar short time after daylight; witnes
could not escape when the pilot board although his
boat was alongside with crew. but he did not understand
Spanish While lying the Ba ze be Was the Whole pi@e
n the cabin he deck early the morning. when
dd not attempt at any time to and gave alarm
The defence here wished the course of the witness
after he arrived at Quarantine at Havana but the Court
ruled that the evidence should be concentrated within ten
days after the 9Th of July and showed constant and haas
ing desire TO end the trial.
Mr. Larue sad that they wished to show that Rey left the
Mary Ellen with marks OF good will to the captain and crew.
and that he parted from them with expressions of friendship
Mr.. COens wished prove that he had admitted to Others
in Havana, that he taken away by force also to
produce Reys affidavit to that effect and letter stating the
same These were ruled out by the Court occurring after
the time fixed upon by the prosecution to limit lis
Mr. Larue asked the witness whether he had left the vessel
The Court stated that this useless questionit was to
be supposed that he had
Mr. Larue remarked that they do not wish the suppoons
of the COurt-they wanted the evidence.
The Judge hastily asked what the counsel had said.
Mr. L. replied that they did wish any supposons but
the testimony in the case.
Does the counsel mean on the remarks of the
CourtP inquired the Judge, in tone of high authority
" II the Court makes remarks counsel have right to
comment Mr.. LIS reply
Judge Mctenry, in still imperious tone, declared
that comment would not be allowed
Mr. Larue stated that his right and he should do So
The Sheriff washen ordered to put the counsel INTO the
street.-The which the Judge appended remarks relative
to Mr. Larue's the Sever trial The officer of the
court advanced do his duty and quietly informed by
Mr. Larue that he should leave the court but in his
tody He then rose stated that he should return again and
walked from the hall TheJudge vented his Indignation by
eXeamlng that he knew the counses purpose-that
to obtain nooety and he should have it. He called
the Sheriff to conne the gentleman for twenty hour
the Parish Prison, and sentenced him pay fine of $780,
Judge Coens Immediately and defended Mr. Larue;
he was aonshed at sentence pronounced without cause
anu WHeh the counsel was outside OF the court room lie
called the attention of the Judge to the latter fact and cited
n7tances where former aedged cUnempts had been COM
mtted before other tribunals and after few hours of calm
and dispGssOnate reflection, the affair had been arranged
The Judge, who evidently felt the force of the courteous
but decided remarks of Mr. Coens decided that he would
hear Mr. Larue himself That gentleman at the moment
entered the courtroom TO make inquiry relative the
surprising which had been pronounced against him.
Judge McHenry stated that he would allow him 10 purge
himself of the contempt OATH Mr. Larue replied that he
was too great repector Of the laws, exhibit contempt
owar tribunal and that this he could state on oath if
equred which he did, with the reservation that when the
Court after depving him of his rights counsel by ordering
lm to leave his place. also attempted to violate his rights
citizen by eiecment into the Streets that then he did de-
tide that he would resist the illegal mandate any and every
way. Tho Judge concluded to remit the sentence and the
rial proceeded
This scene, sorry to say, but of class with
many that have taken place the First District Court ROOM
while Judge McHenry has been the bench. The cause
winch led to painful exhibition of the nfmity of TEN.
per- for which this officer has become noted sufficient
10 provoke the consequences that followed The constant
reference made by the Judge to the remarks of Mr. L. on
former ra perhaps showed that the germ then implanted
required but little to grow into a of passion.
MI Collins presented several letters dated the 10th of June
we Witness acknowledged the signatures attached as genuine
they were dated at this city, directed Hayaaa and the
contents showed that Rey had that time made his
menls TO leave for the latter place One of these comBuuc
tons contained list Of conspatorsn Havana denounced the
Round Islanders and solicited the writer's pardon from the
Government
The Court would allow the evidence to 20 beore the
Jury.
Mr.. Collins presented draft from Rey drawn on the sDan
sh Consul which he asked the witness if he did not psent
of the who went with him board of the MARY
Ellen.
The District Attorney objected to the testimony
The witness said the signature his but that he signed
document of the kind.