The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-06-08


ARREST OF GEN. oPEz AND EXAMINATION
BEFORE THE U. S. DlsrRIcT Yesterday
morning Gen. Lopez arrived in our city, in accord
ance with the communication made by him to the
U. s. Marshal, which we subjoln
Pass CHRISTIAN, June 6, 1850.
TO the e. S. .MarshaI, an Nelo Orleans;
STHaving understood that you desired in refer
eHee to matters connected with your office take the liberty
of informing Won that for that shall repair
pSo 70 ne q p T5s ss aO Om cO Joe
With the highest consideration and respeot ! subscribe
myself, yonr obedent servant, NARclso LOPEZ.
Col. Labuzan, the Deputy Marshal, met Gen.
Lopez at 10 A. NJ. and accompanied him to the U.
S. District Court room. S. S. Prentiss, Col.
John Henderson and E. w. Noise, appeared for
the defence, and L. Hunton, the U. S. District
Attorney, for the prosecution. After the DISPOSE
ton of an application pending before the Court in
another case during which time the room gradually
filed with spectators, the news spread through
the city, Mr.. Hunton arose and stated that Gen.
Lopez was present in the custody OF the Marshal.
He asked when the Court would be ready to go
into an examination, and proceeded to read the
warrant for the arrest and the affidavit upon which
it was based, made by J. Y. Laborde, the Spanish
Consul for this port. The affidavit merely stated
that the deponent verify believed,that on the 7th
of NAV last, Narcisco Lopez did begin and set on
foot and did prepare and provide the means for
military expedition and enterprise to be carried on
from the United States against the island of
Cuba, etc. etc.
Mr. Henderson arose He said he hoped that
the court would not ask bail affidavit assert
ing nothing for which the party could be indicted,
1t did not even say that deponent was informed, it
merely said that he verify believed" Was that
sufficient to take away citizens liberty? A man
must be charged with some offence before the laws
of his country can order his arrest hold him to
bail Should the mans belief be sufficient
Some fact must be sworn to, some offence must
be alleged and no belief of the Spanish Consul
would be sufficient in affidavit for an order of
arrest If the Spanish Consul should be tried for
perjury, he could not be found guilty, on express
sion of mere belief
Mr. Hunton said that he was astonished at the
objection made. The warrant had been issued on
grounds believed to be sufficient by the Court, and
was it now commended that in preliminary exam
ination it was necessary for the affidavit express
every thing connected with the offence charged,
definitely stating time, circu instances, etc.?
Mr.. Henderson replied and cited in support of his
objection the case of the United States vs. Capt
Skinner ct al, before Judge Livingston where the
defendants were charged with fitting out two YES.
sells to give aid to foreign power.
MrHunton rejoined that the case was not relevant
to the present examination. He insisted that the
investigation could proceed upon the evidence al
ready submitted and then, if the court did not find
good grounds for committal for trial, the accused
would be discharged.
Mr.. Prentiss addressed the court in support of
the objections made to The affidavit. A report
could not do justice to the eloquent remarks of the
counsel, which for nearly an hour commanded the
attention ola large audience. His speech abounded
IN wit and sarcasm often dealt out most unspar-
ingy against the pro ecution, and elicitng dspite
the raps of the officials, constant bursts of merr-
ment from his auditors. Mr.. Prentiss read the law
OF 1918, on which the prosecution was based fixing
the penalty for his infraction at three years i'm
prlsonment and $4,000 fine He stated that there
was no intention the part of the accused to
waive an examination by making mere technical
objections, and that the setting aside of the afda-
Wit in this did not debar further proceedings in
a legal form.
Mr.. Hunton replied to Mr.. Prentiss in an able ar
gument. At the conclusion Judge McCaleb stated
that he considered it his duty to examine the case
with some care He would, therefore, defer the
matter until tomorrow.
The Deputy Marshal then inquired what would
be done with the prisoner.
Judge McCaleb-He is in your custody.
Mr.. Noise stated for the Marshal, that Gen. Lopez
being in his custody, would be retained like any
other prisoner as he knew distinction of persons
in the discharge of his duties
Mr. Henderson then proposed to give bail for
Gen. Lopez's appearance tomorrow. The bond
was fixed at $4,000, and was signed by Recorder
Caldwell
AT 10 o'clock this morning, in the Court Room in
the Municipality Hall, the case will be resumed
and the decision upon the point raised will be given
The CUBAN ExPEDITIoN.-The Northern press