The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-06-20
The Examination OF Gen. Lopez at New
sl.Ie


fFrom the New Orleans Picayune June Ill
Col Joseph znaga, aide TO Gen Lopez appeared In
court this morning, and took his seat aongsde the
General
Mr sigur recalled for the prosecution Have you
had frequent interviews and conversations With Gen
Lopez since his return to this city! Ans-er-fes, .
Cueston-Haye you not heard Gen. Lopez admit
and declare that he the leader OF military expe-
dton this city in the month Of May last and that
he was at a battle Ia Cardenas
Mr. sigur objected TO the question, under the rule,
besides being the counsel OF the accused,
MIR Henderson alec remarked that he had been the
perpetual counsel and adviser Of the accused aud any
Conversation that passed between them should not be
disclosed here lie Tad not the liberty % disclose IT,
and il would be violation OF his duty to do so.
Mr.. Hutton, I. 5 District Attorney, contenied that
the might speak Of conversations that occurred
when not acting &c counsel for the accused lie did
not ask to hear professional and cited
from Grecnleai on Evidence.
Mr. Henderson replied. and contendSd the rule in
applicable to this The counsel must know the facts
asked independently Of confidential communications,
The counsel could Not disclose the secrets Of his clients
and II was Unreasonable 20 ak u.
Mr nunton maintained that the witness was bound
10 answer conversations which occurred In pri-
yGte crci6s. and net as a legal adviser.
Mr.. sigur, In reply argued the point at length
Mr. iunton replied supporting his first position with
The Commissioners decided that under the rule laid
down br the court Yesterday IL had said il should be
the Judge whether the TO the question would
imrltatc the witness not. He was OF the opinion
that the question in this case should be answered n Il
would not implicate the witness but that he would
also decide that no confidential communications made
20 counsel could be diyulecd
Mr. Iiuhton requested then that the objections
would be Opposed q IN dose, he did not wish to
anotker day In arguing miserable technical
ties q the law.
Attorney make Of such language. and he felt sure
that he did net mean to give hts words the import
they conveyed The questions before this court
not TO be disposed oil lump. IL was the miserable
technicalities Of the law the District Attorney
called 10, which protected stranger In our land. Mr.
H,rdsIson faid he would read the affidavit Of the
sab ma Do m he Of II
the District Attorney aud asked the questions which
from this prosecution were to be disposed q Ia
one desc finley were 90 anxious TO dispose Of the
case Why not bring the spanish Consul into court.
and examine him at once ~ TO how he hal gained the
information which he bad sworn he believed Let him
come here aud tell how many spanish spies he sm,
poycd aud let them be made TO tell the facts he Ia
sworn TO II be not lie ifit be not islsehood les
him come forth and testify and not try TO draw forth
evidence from the friends 81 Gen. Lopez
Dir llunton in reply. said the gentleman had madi
nnuatUrs against the President Of the nted statei
IN this snsir
Mr. ncnd, rson-I never spoke word against tn,
presid, MT I alluded only 90 the spanish Consul
Mr Huuton defended his position la speech Of some
length and With great warmth.
Ihe Commissioner ruled, that the question should
ie modified and the witness requested TO state
conyersation which occurred not Of professional
character
Mr. sgur said he could not answer the question AMI
that h. would not feel himself a. liberty 10 repeat any
generations that occurred al his house or any where
fuse g. and he would subject himself Go any
runisl msnt the court might think proper TO impose
him but II he should be led to the gallows he
would hot divugt any conversations that had passed
letwten him ano Gen. Lopez
MIR Iiunton-I will then ask. II the witness did not
lear Cen. Lopez maxi. statements at the 81 Charles
Hotel
Mr. sigur-Yes sir Cen Lopez made speech In
front Of the 81 charles Hotel which translated.
QDd not Gen. Lopez say. In substance, on that oc-
casion that he had rec, ntly invaded Cuba A-Ican.
not answer the question but you may offer the speech
IN eyidsnc
The report Of the speech was then read by Mr. sisur
he had translated H. part Of the speech read. IL
A be crime 20 solicit the aid Of TO achieve
the liberation Of oppressed and enslaved Cubsus-uen
like themselves and to place the Queen Of the Antilles
IN the path Of her magnificent destiny I am deter
mined TO be criminal nov and to the very last
ment Of my life
Did Gen. Loper address the people from the bal
cony a. yosar house occasion Aye; At that
time the General unwc and asked me TO translate
few words which he spoke to the crowd, but do not
knoy N 4 translated them CORRECTLY.
Q-Do you know 60 What effort Gen. Lopez alluded
IN the speech made on the balcony, Objected TO
Q-Did YOU soy. At the time, Substantially what he
told you 20 cay Yes
Mr Hunton said. that II the witness admitted that
much, he might answer Ut once that the effort alluded
60 was the landing sbd battle At Cardenas.
Mr. sigur did no. so consd,r u. aud objected
Odd not the effort relate to the expedition 10
Cuba, Al n recollection. but 10 IL very pro-
bahe that he alludss 20 expedition TO Cuba but
g aEnot swtGr to IL This was merely an inference.