The New York herald., 1850-12-29

[Prem the New Orleans Delta. Dec. ISL "a
III. q. o
great "fnlibustero sassn which, for some time pest
has been awaiting judicial action. The Grand Jury,
consisting OF the following gentlsmsn, called :;
W. H. Barnsli, asors. Beard, D r. 0arrsli, N A.
Pinch "; U,aqssst, & g " o.ssy; james Wilson, Wilson,
net n. wfrsn, Robert Arnstrons. W. 8 Cushing, y.
y. A. boyle, d. usddsn, John Goodrich, v. Baxter,
owen, and John J. Clarke Nine only answered to
their names, and attachments ordered to issue
The Marshal being ordered to call the rscoguizancss
ofths persona bound to appear before the court to
ton the oIiorips asp appeared in answer to
their Nance :-Gensral Narciso Lopes, Colonel Theo
MswSins' Colonel W. a Bell, Captain A. J. Lewis
Colonel Robert wheate, General John henderson, L.
J. Bigur Efq, and General ID Augustin. Those who
and john 6'suvsn
The District Attorney. L. Hunton, ESQ moved that
NaIcito Lopez, whose case vas first nxed ON the
docket be arragned, and required to make his plea.
s.d MT hunt VINO app appeared .s counsel for ths so
moving that the indctm ents against the accused bs
quashsd because the Grand Jury was Illegally
psneled and drawn, and had no legal authority to
act in the premises Mr. Hunt observed that would
prefer to argue the before the Circuit Judge act
one which should not be hastily decided.
Mr. Henderson stated that he should not ask for any
delay fcy himself he wished trial Of his sooH
possible; he should make plea OF abatement but
wisheds trial on the merits.
Judge McCal.b stated that he understooi the case
wss deferred in order to have the asssta Cir
cult Judge; he prefer ed such disposition to be
the arraignm ent had been read, and the party had
plesded.
the General standing up.
After the indictment had been read,
MIR Hunt read the folio wing pleas =
And now Genes into court Narciso Lopez. and prays
to be excused from sDrweripg to said Indictment
Because the said Indictment WAS not found by .
Grand Jury legally constituted to act in respect to the
Mel. no list the Grand Jurors was prepared, as
No 2 The said Grand Jurors were not drawn from
ths jury box as required by law.
nugbers required by law
No. 4 The said Grand Jursrs selected by the
Wherefore he prays that the said indictment may be
qusshed ana this suit aba,.d
and l.. Sullivan did not answer to their names.
Gen Henderson waived the reading OF the indictment,
6'nsrs, Bell and Pickett Maj Hawkins, l. j. sisur,
snd General Augustin answered to the indictments.
abatement Msssrs. Hawkins, Pickett, O'aara, and
Wheat, gsved the reading OF the indictment and put
Messrr A. Gonzalez Peter Smith, Major Bunch and
n. ID. Haden did not answer to their names.
All the accused having been called, Gen. Henderson
and stated that his being tbs first he desired
the sentsmeLt for the government to fix day for his
The Court suggested that the question whether Cen
Henderson could be tried before the Others should be
that point as well as whether it should walt for the
Circuit Judge before trying the pleas in abatement.
SECOND DAY.
At the meeting of the court dsy District Attor-
ney logan Hunton stated that the prosecution ac-
cepted the proposition Of to proceed
with his trial but they deemed 1t proper to proceed
first With the trial of the leaders OF the alleged unlawful
Randall Hunt, for General Lopez, called the atten-
tion the court the pleas abatement and asked
the court or Importance In order to have the i'm
porsnt alters involved in these questions dica-
ted BY full bench of the Circuit Court. Mr. Hunt
dwet with great eloquencs and force upon the neces:
sity OF having this ease tried before full bench OF
the Circuit Court and contended that such the OBJ
Ject and purpose Of transferring the case from the Dis
MI. Henderton followed He referred to the act OF
1885, which extended the jurisdiction OF the United
States Circuit Court 20 that the district judge might
exerce ali the powers and duties OF the two judges
lie then read the act OF lsio to show that IL implied
squancaton of the power. conferred ON the district
judge tcting circuit judge BY the act OF 1855 In
respect to capital cases, which should be tried
before the two judges, This was one quslifca-
trct jndge discretion In misdemesnors TO remit
their trial when important points are involved
further sd,isenept and the aid of another judge
This prrpote stil existed and he trusted the court
court as might through oertiaeate, allow anal
Adjudication ef tha points involved BY the supreme
o being tried by the Circuit soart he hoped this court
would proceed to the trial and allow the of Gene
Miles Taylor council for L. l. sisur, followed, en-
forcing the same views lie dwelt usep the giest i'm
poranoe OF the prir cples involved in <hs trsl-more
m,mentous questions have seldom come before the
courts Of the United States He referred to the actor
10 the Circuit Court. What was tue object Of that
movement Did his honor only contemplate that the
case sbsuld be Transferred from himself district
judge, to be trisa by himself circuit judEe' He ap
pretended that the puIpos. va. very es1r-thst hi.
honor wished TO BE- aided tn. trial ofthls important
case by judge OF the highest tribunal In the land
He differed with Mr. Hendersen. who centended that
the privilege OF having eases Of this character moved
from the District to the Circuit Judge, might be
waived by the accused lie thought there were other
parties in nterest,se whole people were interested
political society was Involved In H. judicial decisions
were pecedent which might Affect the Interests OF ths
H. W. Moise followed lie referred the Court to q
former Gaze in which tbs principles nov under Discus
position of Mr. TsJ lor that the accused could not
waive the privilege OF being tried by full beneh All
IL was not considered that other than the parties
under trial, were Immediately affected by them He
.n1ushI ls no douot zen nsnasrsos ,h. euasd
Mr. MORE did net usderstand why the prosecution
should be 80 urgent to ,ry Cen LePs1 yssn there here
suggeeted that the reason for s,lecting Gen Lopez
that he was the chii-t the leader Of the expedition
But the Court could consider such fasts these
This Court could not regard Instructions from wash
ineton Thsnk soi. qus.tions OF diplomatic nature
not ~s,,n f1s,hsS With this Court Ills honor would
not allow the Wholesome rule. Of legal practices to be
nent TO oppress sn Indvdsa TO asss. their al plo-
macy The granting q the continusnce asked for,
for tral-let them be proceeded with aud the grave
points OF Law raised by this one Of the accused be
deferred for the uoicstion OF tribuu al which
braces the highest Judicial authority In the country
J.. Btpismsu, Tor the governr ent, replied to the
Arguments Of the various counsel n favor OF q con-
tinuance. lie considered the question mig ut bs
roved down to suali oomps. He could not follov
the uumerour gertl,nsr on the other eide In their
various and ingenious poinr, he would coDans HIN
set 20 THE questios OF the legal oonstruetion Toe
cous 81 for the sccu.ed Qopr.) having Get some
plsas In abatement, come into court AMI ash for an
importance, barbarous old English word Tor con
. TIM sNoe They say they have not had time TO an
this grave charge this indictment Of ten counts
TO e1smins the intreste points OF Law Involved He
would recs 20 the reco elton Of the eoart the great
cutlery raised last sumner because they aid not pro
csed with the ease It VS. regarded as great hard
thip that the accused could not then have speedy
trial; that they should not be tried nmet lately aud
rsl vsd their bouds The prosecution had TO urge
The neceaity OF dssrIipg the until their wit
nessss could be prccUres. Now nearly SIX months
have sarypd. the ipdetment has been published and
mace familiar 10 the accused they have had the