The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-06-12
The Examination OF Gera. Lopez-Before
Comnsissaoner Baldwin.


The Court met at 10 o'clock j. @. Larue, Of the
counsel Of Gen. Lopezs did appear his duties Judge Of
the First District Court commencing yesterday. The defence
conducted by Gen. Henderson and l.. j. Sigur. Mr.
Hunon the u s. District Attorney sustained the prosecu
ton with much ability Mr.. Hunton called Mr. Sigur again
to the stand as a witness.
Mr. H4ntog Have you had frequent interviews and con-
yefsaons with Gen. Lopez since his return to the city
Have YOU or not heard Cen Lopez declare and admit in
military expedition against the island of Cuba aud that he
Mr. Sgar made an objection 10 the duesonthis would
De giving the main fact that the prosecution were attempting
Mr. Henderson further stated objections to the witness
answering Mr. Sgwas one of the legal advisers of Gen.
Lopez and that the evidence could not be given without the
consent of the defendant.
MIR. Hunion replied. He asked how it could be pre-
sumed by the counsel that the witness would respond to mat
tiers which eonfdentiey communicated. Suppose the
declarations that proposed to ecswere spoken before 500
persons contended that the witness, even the legal
adviser of the defendant could not give testimony fact?
Mr. Hunton read authorities to show that if the eonversa
tons mere CONFIDENTIAL but not spoken TO the winess as
counsel that the prosecution had the right to know them.
Mr. Henderson addressed the Court the subject Of the
relation between Gen Lopez Mr. Sigur and himself Gen
Lopez this city by their advice. The moment that
they heard through the public papers, that the President OF
the United States intended to arrest Gen. Lopez again. they
Immediately said the authorities OF the United States, Ii
you him we will send for hm.' This showed the
necon between Gen. Lopez and themselves, and that they
his confidential advisors and counsel during the whole
time oil the date oil MS last afYal
would be reachery oeither him Mr. Sgur to beay the
confidential relation of attorney and client, and it would be
tyranny in any attempt to extor snch information
Mr. Hunton replied that the gentlemen did meet the
question They said they came there TO meet the charge
but they thera avoid it. He did not seek to draw
from the wtne confidential communications, but if state
mens had been made by Gen. Lopez, apart from his
mnnca ions Mr. Sgur cOuneif he could show that
these were made in eonvival company, with
numbers presenhe had right to the evidence, and the
| Court would decreeit.
If Mr. Sigur would say that statement had been made
to him. except those communicated condentaly, he would
not press the examination
| Mr.. Sgur addressed the Court. He wished TO know
whether ii necessary when client made communica
on that he should designate at the time that conden
al made in friendly How could the difference
be ascerained? Mr. s. thought the District Attorney msun
| deTstood the law.
Mr. Hunton said that he would show whether he munder
stood the laws by reading another decision the point
Mr.. H. cited other authorities The law defined that, when
the matter communicated in its private
could not be termed CONFIDENTIAL and would Mr. Sgur
tend that the fact of Gen. Lopez going to Cuba p
vate matter?''
Mr. Hunton also conended that the fact of what Gen. Io
stated the witness would not be link in the evidence
to impicate the witness 1t is only what Gen. Lopez
did, and not to what Mr. Sigur did. This testimony could
| not tend TO implicate him,
The Commissioner asked whether the Witness objection
| was that the conversations were confidential
Mr. Sgur said that his first objection that his
would go establish the charge made, and would therefore
tend to crmnate himself In the second place. the commu-
ncaons made in the freedom of client Attorney
Mr. Henderson said suppose that the witness should admit
in these conversations that Gen Lopez had said him that
he regretted that American General had taken
mand, advised by Mr.. S.-that it shown that an
American General have taken command and that
was given to Cen Lopez the Island of Mugereshat
poran advice this subject from the witnes-woud
not the detailing of such ton go mpcate
him in the charge preferred against Gen. Lopez?
The Commissioner decided that he shou first rule that the
bound 10 and in taat
confidential communications need not be disclosed.
Mr. Henderson then stated that he had another objection
this question.
Mr. Hunon with much WARMTH protested against con.
Stunning their time in those miserable technical objections
testimony, examining trial. He weary of it.
Mr. Henderson said he surprised the language of the
District Attorney. Gen. Lopez stranger, charged with
high misdemeanOr and yet because the defence awaited
themselves OF the rules prescribed by laws the officer
representing the Government complained of being weared
How did such proceedings differ from those of the Captain
General of Cuba-rom that deestable Government which
authorizes It's officers to blow out the brains
man the Island of Mugeres and to exort confessions
quit by hanging man to the masts of vesselof
Government which was disgrace the age? How did thu
proceedings differ from those of Cuba the defence wer
not to be allowed to avail Themselves of all the exception
prescribed by law? By the orders OF the President of tn
United States this prosecution commenced IwPsbase
on an affidavit of the Spanish Consul He insisted that
Consul should be brought before the Court and his knoweg
OF me matter sworn to, be ascertaned at This
better way OF obtaining evidence than attempt force
| from the counsel of the accused
Mr. Henderson spoke win much cling, and made quit
an eloquent appeal.
Mr. HuntOn replied. He was asonshed that the counse
should, point of law take the occasion to make speec
to the public In the whole course of the examination h
himself mad determined to treat this case as he womb AM
other Yet the gentleman had alluded the oes of tn
Psdent-to the cruees of the Captain General of Cuba
and, in indignant eloaueucs, hud on them
did not see The necessity or Proprey of ndugng in reec
tons OF this Kind No zone should blame the President of IN
United States for CRYING the ne ray of the count,
The Volunteers in this expedition could not even find iu
fault The President when called upon would double.
acqu himself as well as he did Buena Vista Mr. Hun
ton sui u ther continued in his argument He avowed hi
sympathy in all efforts to achieve independence and exten
liberty but, whenever he engaged in such enterpres
would prefer doing so under American commanders.
The Commissioner said that the question should be slight
modified.
Mr. sgur asked how he could define what part of the con
| versaton confidential?
| The Commissioner left this with the witness
Mr.. Sigur replied that General Lopez was his pues
and his cent-a stranger in a strange land -confdin
to his sense of honor and that under these circumstances
he Che wnes) would bear all the Court could pct ratbs
than disclose word that had been stated to him If
go the gaows would not hesitate upon this
He submitted with all due Difference to any action of III
Court. but he could not give the evdenee called for
meant depect to the Court the District Attorney
but he did not consider compliance with law always tn
highest morality. There was law among the apcier
Romans, compelling the citizens worship certain satue
but the Christians did not consider their duty or as NOR
obligation, to obey this law So he would not violate Ii
most sacred duty of friendship and hospitality, to satisfy Il
demands of hard and unjust law.
Mr.. Hunon said that he had wish to press the whine
He had asked him for confidential conversations but
would waive the question for the and ask another
: at the st, Charles Hotel?
did, and translated tit appeared in the DetaI gave
from copy given me by the General.
Mr. Hunton Offered to the witness paragraph in speec
made by General Lopez, which contained the following
He feels conscious he of the rectude of his position
and that no criminal faint attaches his character for the
fort which he has made and which he is again prepared
make for the independence of Cuba
Mr. Sigur said this not the speech From the speec
the balcony of his house the paragraph above purpoed
have been taken.
Mr. Hunton then introduced the speech of General Lone
In front of the st. Charles Hotel as evidence
The counsel for the defence insisted that should be read
Mr. Sigurread it to the and it received the paudts
the audience.
Mr. Hunton then Questioned the witness relative tn III
speech made on the balcony of his house.
Mr. Sigur explained that that evening General Ione
was unwe and that he asked the witness TO address m
crowd Tor him. He said, however, substantially what Gen
Lope requested himto say.
| Mr.. HINTON What effort did Cen Jopaz ollrdo .. :;
sas mat ne made an effort for the Independence Of Cuba
Mr. Henderson objected to the inference of the witness
Mr.. HuntOn argued the point.
Mr. slgur said that the General had been engaged in
"eforts, How could he swear what partiepIar one h
meant at the time VIZ "
Mr.. Hunton. Who at your house. Mr. Sipur on tb.
eseS o. Le Ieee ltOn Of Cen Lopez? Your ask me Il
give me then Names? ' 20" 'ou
s1, assasrSSg This like the proceedings in Cuba
r Stgar Yes in Cuba the spies of The CAPTAIN General
dIelh tle private apartments of one VIII however