The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-06-11


many Of our Spanish RESIDENT. At 1eo'ciock Gen. Lopez
entered the room accompanied by ms counsel the Hen
| John Henderson and J. G. Larue. ESQ.,
The fonoving witness iof me prosecution ~ Ian
Henderson,, j. L. o'Salivan. ]. w tFssdlcse, William
Hail, Col C.N. Wheat. Achis kerven. MAJ, Ssily' a.
J. 6oa, t. Moreaud s. Maury. MI Landler 3 bernara'
J. L Gendennin, James Foley.
Mr. Hunon IA M bsd been informed that Mr. HendeF-
son could give h information n regard to the subject
under inyesrauA 1t with great pain that he per
formed what be 90 liderod bis duty.
| Mr. Henderson md he no objections.
Mr. Hpn.on asked the witness whether he knew General
Lopez7
wines who intended refuse tesyrg. the ground that
bis testimony might ineulpate himself, waived that right, il
he did claim in iaiRe For this reason alone, he de-
clined to
Mr. Hunton then said he woud take advantage of any
such supposed rule that Mr. Henderson might raise the OBJ
lection when he pleased and his previous should
be construed into waiver of his right to refuse when he
thought proper.
Mr. HenersOn then answered that he had known General
Lopez personally for several months They had first in
Washington City.
Mr. HuRton-How long have you known Gen Lopez!
ally oy i've months bees%e ScSusnd with viii @ At
MI Hphfonpo vou know whether at tina, time n, since
Cuba . 'i'A''1' eNi'eUi'iOA as''''
Mr.. Larue here objected. He did think the question
Mr. Hunton replied that there might be something in the
counsels objection if the question be the only
he intended to the witness But he intended to show
that in the first place expedition went against Cuba and
then he should proceed by step, in the investigation
When was ascerained that expedition had proceeded
had been contemplated by Gen. Lopez, he would then
follow up to see where il got up, and whence de-
| parted
Mr. Larue addressed the Court He said that he did not
know what the counsel intended do the future but he
wished him confne himself to the question issue
to the particular expedition charged in the affidavit If all
Al. Il
the examination would be spun weeks months
stead of being terminated he thought this could be-
| in few hours.
The Commissioner decided that the question should be put
in another FORM and that should refer an armed expe
diton from the United States.
Mr.. Hunton said if this the decisions. he might
well at discontinue the shond be expected
hathe would embrace all he desired to show in question
| The Commissioners again repeated its decision.
| Mr.. HaRteR-T the Commissioner desires, he may ask
tho question OF law rased according to my judgement,
| the point at issue.
Mr. Hunton then proceeded
Did you see Gen. Lopez in New Orleans in the Eastern
pistnct OF louisiana, an the early part OF May?
Do you know when Gen. Lopez left New orleans9 Was
1t Fss Int the IN Of ma. MaayPr
INTENDED % ask ne whether Gen Lopez left New Orleans for
me IN the same charge brought against Gen Lopez
Mr. Larue to sustain the objection He cited au.
thorites show that witness bound to testify to any
winch may tenQ eslmlnoie him. He could be
compelled to develop single link in the chain of evidence
which might lead to his criminal prosecution. Mr. L. con-
unued his argument with much ability and ZEAL eoquently
asserting the rights Of the witness The District Attorney he
sad had summoned Mr. Henderson because believed that
he was connected with the aedged expedition, but in this
charge there aecesores-aI were principals and
party cannot be compelled to bring himself into the prisoners
dock upon his own testimony.
MIR. Hunton said that the question raised was most i'm
porant and the proceedings hung upon it, 1t
behooved the Court to be careful in making decision He
wished to know whether the declined answering on
the ground that would subject him criminal charge
Mr. Henderson replied that he reserved to himself to take
the exception not to this question: might expose like
lnvovemsnts in himself that would involve like charge
lie dd not pretend to that the proceedings involved guilt
put ne objected to answer because in preliminary examna
uon the question was but Of chain of facts evidence
that the prosecution wished elicit did not wish TO ex
pose himself to the tender mere of the United States 10 be
arrested and tried Gen. Lopez had BEEN and that cous
tuted a valid objection.
Mr.. Hunton continued He did not wish In elicit fo tho
witness any matter that would tend cminate him he did
mot understand that Mr. Henderson went with the expedition
Those who We're merely of the proceedings of this
expedition. were not ermnathe law did not so costrue ii
Chief Justice Marshall would sustain him in the ease Of
Aaron Burr where the Secretary of the accused declined 10
give testimony which would criminae him. The decision of
me Chief Justice was that the knowledge of msdemeanor
did not subject the witness criminal prosecution and that
the Court, and not the Witness was the Judge whether The
witness would render himself Liable criminal prosecution
ne MOI propose TO Jmplcdte
ton the aedged msdemeanOr of General Lopez but only
to inquire into his knowledge of certain facts relating to the
Expedition of General Lopez.
Mr. Henderson reioined.
Tbs Commissioner ruled that he should follow the decision
OF Chief Justice Marshall, as read BY M Hpnton Ne
therefore decided that the question should be answered
The answer was then given by the witness that he did
kno" mat General Lopez LETT New Orleans about the eth of
May fora foreign country.
Mr. HaRton-Will you state for what country he laf,
Mr. HeRdersoR-I object to answering this
Mr. Larue addressed the Court in opposition to the ques
uon The information asked, if given, would show that the
witness concerned the movement and this woud form
a link that would go to criminate him.
Mr. Hnnton said that it no crime merely TO go To
Cuba-he question was merely elicit faet-Wha coun
ny did he go to The did tend to crimnate the
witness. -S
The Commissioner decided that the question was relevant
to the decision already and that should be answered
.nd nf answer that he left for Yucatanor the
p 6 be go as the leader of military expedition?
Mr.. Hunton appealed to the Court
The Commissioner said he disposed to 90 so far
under the rule as to compel the witness crmnae himself
The last question propounded was different from the oter
The point argued by Mr. Hunton and Mr. Henderson,
at some length.
Mr.. Larue addressed the Court further obectnp tn the
question. - ~
The Commissioner decided that if the ground oobeco
was that the answer might furnish chain in the link Of M
dence that would subject the Witness if TO the
penalties OF the law as laid down for the offence now charged
he would decide that he was not bound to answer
Mr. Henderson made some further remarks and said most
emphaeay that he should give the testimony reonirad
from him. 4
This ayowa caused of applause from the audenee
The District Attorney asked the Commissioner to rebuke
the interruption.
The Court addressed the hrong assembled asking that M
further expression of feeling should be made II was in
laton of the decorum which should be preserved in Cour 6
Justice, and was also opposed the wishes of Gen. opez
who was then on trial.
Mr.. Hunton proceeded
Orleans 0FNN WI AVG"
object to answering.
The Court decided to sustain the objection,
DO you know on what vessel General Lopez left
Witness objected as before.
The Commissioner asked upon what grounds?
Mr.. Henderson said
General Lopez left here imagine he left secretly The
ns luesuon VIII be who gave the outfit for that vessel
Whose vessel was it? These questions might tend IN incp
pate me- Suppose, SIR shown by the register that hi
was my vessel, what Is the next proceedings
Objection sustained
other persons " Se COMPANY OF
Objected to by witness, and objection sustained
n MI HGHten DO you know whether the Susan Loud and
1eorgiana lett this port in the month of April? ~
could not except by hearsay The Georpiara left
some time in the April or May
MT HnatoR Were there passengers on board when the
Objected to. and objection sustained.
Mr. HaHton say she did leave New Orleans in latter
part OF AprlY DO you know her destination?
Witness declined answering The Court overuled the
objection but after argument the decision was revoked and
the question was Withdrawn.
L! j. sgur was next called to the stand and sworn
CEN r Hsntsn-How long. Mr. sigur, have you known
For aaNrar 4 L