The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-06-17

EXAMINATION BEFORE u. s. DISTRICT r..
From the New Orleans Crescent, June
Yesterday morning, General Lopez arrived in our
city, In sccordsnee With the communication made by
him to the United States Marshal which we suboin:-
Pass cmhr,r1.S. June. 1850.
asssrs,ooa hat you desired TO SC. me in re-
ference . ns,.sr connected nth ycur ONCE take the
PAIR morrow 20 ne si,y shall yeur order. n
n, ssnts|sns pariOr Of the ST. Charles Hotel from 70
With the highest confederation and respect,
Isulserits myself. yeur obedient servant
Col. Laburan, the Deputy Marshal met Gen Lopez
at 10 A M and accomp him to the United states
District Court room. =, Prentiss Col John uender.
sen aud W Noise, appeared for the defence and L..
Uunton the United States District Attorney tor the
prosecution. After tho dspositoa OF an application
pendDg before the Court la ano her during which
news spread through The city. Mr Runton arose and
stated that Gen Lopez In the Of the
Marshal He asked when the Court would bersady to
into aud proceeded to read the
rant for the arrest and the affidavit upon which u
based, made by Y Lsborde. the Spanish Consul for
this port The affidavit merely stated that the IL po-
nent verify Believed that the 9Th Of May last Mar
CLEO Lopez did begin aud set foot and did prepare
and provide the means for military erpedition aud
enterprise TO be carried on from the United States
against the island of Cuba. etc, etc.
Mr. Henderson arose lie said he hoped that the
court would not ask bail affidavit asserting
nothing for which the party could be indicted IL aid
not even say that Opponent was informed, II merely
said that he verify believed - Was that sufficient
TO take away q citizens liberty must
he charged with some offence before the laws Of
his country order his arrest. hold hi IN
20 bail Should the mans belief BE- sufficient
Some fact must be sworn to- some offence must be
alleged and belief Of the Spanish Consul would be
sufficient I'm affidavit for order Of arrest III the
Spanish Consul should be tried for perjury he could
not be found guilty on an expression Of mere belief
Mr. Hunon said that he astonishcd at the objec-
tion made. The warrant had been issued on grounds
believed 20 be sufficient BY the Court, aud vas IL nov
ee', ns IN ~ s,sr,bnv
nected with the offence charged, definitely stating
time circumstances, etc'
rI.n .t.t nd rflr al In ~ hts
objection the of the United states Capt Skin
ct al before Judge Livingston where the defend-
ante charged With fitting out two vessels give
Mr. Hunton rsjoned that The not rev,isnt
to the present examination He insisted that the in
vssigation could proceed upon the evisenc. already
subuitttd and then II the court did not and good
grounds for committal for trial, the accused would
Mr. Prsnt,. addressed the court in support Of the
objections made TO the shdsvit. report could
net do justice TO the eloquent remarks Of the
eel, which for nearly hour commanded the
attention Of large audience HE speech abounded
,ns,v srsin., ,hs n,o ne.n GUY ,,, Ts. ,,
the rsrs o. the officials constant bursts Of m-rri-
nent from hi. auditors Mr.. Prentiss read the Law
the penalty fer his infracon at three years mprison-
ment and $1,000 nne lie stated that there va. in-
tsnton on the part Of the accused o. waive
summation by making mere technical objections; and
that the s,ttng sside Of the afdavt In this did
nI No a. Hunter, srg ,sr,hsr &c es r
mont Al the conclusion Judge McCslsb stated that
he considered II his duty 10 examine the ease with
some care lie would, therefore, defer the matter
until tomorrow
The Deputy Marshal then inquired What you'd be
done with the prisoner.
Judge NcCaeb-He Il In your custody.
Mr. hoise stated for the Marshal. that Gen Lopes
being In his custody would be retained like any other
prisoner he knew distinction Of persons in the
difchergs 81 HE duties.
br. Henderson then proposed TO give ball for Gen.
LortEs appearance to morrow The bond was Hxed at
$1,000 and was signed
At ten 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 givsn