The New York herald., 1850-06-23
The Trial of Gen. Lopez at New Orleans,
lfrom the New Orleans Picayune June 1871

Mr. Benjamin addressed the Court. He asked the
Comnissioner to make rule that would end the con
slant objections and arguments II the defence The
question how this testimony .as TO be taken should
be decided at once. Mr. IL spoke for some time with
his accustomed ability.
The question was then put by the Court.
The witness returned an answer in the negative.
MIR. uunton-Usye you heard Of any military expe
dition have AT various times .
Did YOU hear Of ii from any person concerned in the
expedition! i do not know Of my own knowledge who
were concerned here in preparing for an expedition.
Have you any knowledge that any persons were con-
cerned here in preparing for an expedition l ar.
rived in New Orleans after the expedition said Ia
have sailed. was in New Orleans previous to this
and returned to Kentucky.
John Henderson. Jr, sworn-Mr Hunton. Do you
know General Lopez? Yes, sir.
How long have you known him have known him
several months. became acquainted with him In
New Orleans
Do know any facts relative to General Lopez pro-
viding or furnishing means for an expedition to Cuba
/ cannot answer without crimnatiDg myself
Mr.. Benjamin-When did General Lopez leave New
Orleans? In the early part Of May.
What day am not certai, what day
Did he leave by land or water, By water
by the Mississippi River, or the Lake! by the MIS-
Did he proceed up or downstream, Down stream
Did he leave in ship or steamer believe 1t was
steamer
Were there any passengers that steamer besides
General Lopez decline to answer
What was the name Of the steamer decline an
Objection sustained by Court on the ground that
the vessel might be found to belong to witness.
Are you the ewner of any ship or vessel! Objected
Mr.. henderson said he could give link to crimi
nate himself
Did you see General Lopez when he started, can't
ray positively he left the city but have every
to believe that he did leave
Have you had any interview with General Lopez
since his return / have had conversations with him.
In these conversations, have you heard him say any
thing in relation to military expedition against
Cuba! l am my fathers partner, and wish to be
cused from answering as counsel for the defendant
Have you ever heard him speak TO other persons
anything relative to the Island OF Cuba No, sir.
Before 4 yOu hea
anything Of his going there !! can't answer that.
When did the Creole leave? / can't answer that
question without involving myself
Have you reasons to suppose that General Lopez
Left in the night, and If So what they cannot
say.
Francois Garcia sworn in French interpreted by Mr.
Benismin)I have been guardian of the arsenal since
the Inauguration Of Governor Walker. 1 delivered
packed in boxes in the lai ter part Of pr tho
beginning Of May last consisting of guns, pistols and
sabres. delivered no powder or balls can't re.
them by order Of Aeiuani General Chayle. Rawley.
the order coming from him personally II was not to
deliver the arms. but to pack and get them down 1t
was the father inlaw of Gen kowey Mr. Jacob Soria,
who delivered them. i was present when the arms
were delivered. They were given to a colored man
who came there with drsys, on which they were sent
The $50 guns co pairs of pistols and 40 to
1s0 sabres Mr.. Seris was present while they de-
there. do not know the numbers Of the drays. am
net in the habit Of taking receipts for armsthis Is
the business Of the General. knswtwo persons by
the name Of soria-fath,r and son The son is named
Robert, young man Of eighteen years. i am certain
Mr.. soris there TO superintend the delivery OF
there arms. He there Mt the beginning while the
draws were there and gave orders for IL. do not
know where these arms went.
Mr. Noise ITO tho counsel for the prosecution Are
you trying 10 impesch your own witness,
Mr. Benjamin-We are trying to get the truth. and
II can bs shown that witness iss psrjured himself
he will be prosecuted for It,
Cross.exs sminsd, by Mr. scur-It happens frequent.
y that the General has orders for In the
country They are packed In boxes before being sent
Direct resumsd-I have q memorandum book by
which can give tho exact date of the delivery Of
simon Maury sworn-I am the blacksmith Of tho ar
senal, but was not present. when the arms deli
vered.
other witnesses were called, but not answering at
tacbments we're issued for them
MIR. Hunton moved that tho court adjourn until 10
O'Clock to-day
MIR. Noise made some remarks relative to the delay
OF the prosecution in obtaining evidence and hoped
that the Commissioner would adopt rule that would
govern counsel and tend to bring the examination
Mr. Hunton said that he should do oil that ne could
to expedite the proceedings but when he should nnd
Il necessary to summon witnesses he should continue
to do Sc " the investigation lasted tin Christmas.
Mr. sgur reoined asserting the rights Of his client
and protestiDg against delay lie had doubt. that
" allowed to go on the District Attorney would extend
the trial perhaps not only till the end Of the but
until tho end OF the present adninistraton (rhis ell
cited applause ffom the audieBoe)
Mr. Iiender,on followed ,peaking with much zeal
and warmth, the subject md receiving ut the
close smother round Of applause.
Mr. Hunton rejoined-ife reviewed the course Of thu
defence, and inveigbed bitterly upon the attempt
made to eyade the facts lie was determined n po--i
bic, TO maintain the supremacy Of the laws and he
gave the counsel to undersand that he should require
the defendant TO bo held to until testimony
procured ~ II had to he obtained st Cardenas
Mr. Hunton still continued his remarks aud after fur
tber replies from thu counsel the court adjourned
I'll this morning, At 10 A. NJ.
yIFTH DAY.
prom the n. o. Delta June IL
AT the opening of the Court to-day the Commission
er stated that would be necessary to preserve better
order In the future proceedings OF the court.
Mr. II.n ~.
alton Of the examination, aud stated that Il hal
already occupied week, during which the defence
ferrse TO Mr.. Prentiss, who Was prevented from
attending by sickness aud Judge Larue, who had lust
Court, which would occupy all his time IL might be
that pressing business w-uld also call him away from
the city lie thought II, therefore, respectful 20 the
court that he should inform IL that Col. Field. Mr.
Randell Hunt, and Mr. Noise would appear for the
accused.
MIR Henderson stated that In that case he could not
Some person then came forward and said that IL
was impossible for Major GAly to attend in court lie
was affected with paralysis.
The District Attorney then proposed that tn. Com
missioner and counsel should proceed to the house Of
Major Gally and take his te.,imony
parties into ssick gentemans room TO take his depo-
Commissioner Baldwn decided on the question rais.
ed aud which had been nearly lost sight o that the
Commissioner had the right TO proceed 10 sick Wit
nsss' room. TO take his testimony
MIR. Garcia, Who was examined yesterday. sent q
note ss part 81 bis stating that the 2lt
q April there we're taken IRON the Arsenal eighty
ave cavalry swords, three hundred a-d eight n.w
Duskets, ierty ak pairs of percussion pistols xtees
psrs Of nipt do. aud ninety muskets, marked Il.
u NJ. pin sworn -
Qurstioned by Msssrs Hunton and Benj ,fnin Was
frst introduced TO Gen Lopez on sunday last, heard
converssticns at private dinner party ~ that time,
but obectca 20 stating the substance of these
setons because he could not understand the
In which Gen Lopez spoke therefore bis snowiedge q
the convorsaton was altogether Of h. arsay char
scter
On this objection considerable discussion arose ~ be-
Ing contended by the District Attorney that the state
msps made BY ten Jcpen aud Interpreted In his pre-.
stpts, were competent evidence
Mr. hurc was surprised At such an interpretation of
an ordinary rule Of law Before tribunal would the
Interpretation Of any but Interpreter b.
ceived evidence To receive the pretended nterpre-
tatioDs Of A. B or G. when possibly A. Is. or q. may be
sTy under foreign pay, would b. 60 subject TIE
cus,d to the Interested magnity Of any wolf IN Sleeps
clothing who might pretend TO translate his express
eioua
Witness here stated that Mr. sigur AMI others we're
present aud that Of the tansiati0ns made
by Mr. sigur
Mr. Gigur then railed paforc auv ouastfoo