The New York herald., 1850-06-25
SIXTH DAY.
pvovu tha N n neIea JuUa Ik

ssto what interpreter had stated what Gen Lopsa
said at dinner table that such evidence Admiaad
BILE, under an authority in PbiIpss Evidence.
Col heAlpin's nam, was then called, and not sn-
swering. IL was stated that he had left the city.
Nd Ducos was then sworn, and examined for the peo-
| secptiop
Questions by Mr.. Benjanin-Do you kno . GsnsssG
| lopez never saw him before uo~.
Have you been requested, within the last thxes
moDtks to join an expedition to Cuba Some vague
twered that was stranger here and did not desire
to mix myself up In such matters.
What was tho character Of the expedition proposedt
The person gave me no further details OF the matter,
! because l declined it.
Who made this proposition TO you!
Mr. Hunt objected TO the question. 1t would lss4
to no practical results Here is reference TO vssus
proposition Of expedition to Csba without attempt
Ing to connect General Lopes with the matter. II v
therefore irrelevant.
Mr. Moise-It does not touch tho point under invsB-
| tigation.
Mr. Hepderson--A vague proposition Of an eIpsdI-
ton 10 Csba certainly is not the commencement q
Tho District Attorney replied that IL they did not
connect General Loper with tho expedition, the proof
The Commssioner stated that it would be proper -
ask the name OF that party.
Who was the party making that proposition H.
All cannot say that as man of honor.
The District Attorney hope the court will sd-
monish the witness that good citizen he il bound
Mr. Moi,e And hope that the witne.s's own senss
Of honor will sdmonish him that he cannot as gen
ueDAn. answer such question. The obligations q
honor should be OF some weight.
De you know ytbing OF any preparations tor a
expedition to Cubar 1 know no face Of my own
knowledge
Do You know when the Creole left this port No.
Do you know the Of the person who made W
you the vague proposition referred to- / do not:
What command were you offered In the sxpcditioa
Mr. Hunt objected to this question, irrelevant.
II the testimony should be admitted and IL irresva.s
dsrerarded instead Of having the time Of the son-
mission consumed in speeches.
Mr. Hunt rejoincd. insisting that his objection
legal one-the evidence must be confined to the
issue. The question is, whether Gen Lopes set on
T Tos military eapsd,tsS against ms the. the island Q. Ego
He refers to vague expeditions and IL Is contendsd
that this commission shall be kept employed In in
quirDg into vague proposition OF an expedition
that may have been made TO the witness. There was
reality In tho threat Of the prosecution to keep
this before it until January. Mr. Hunt d~sit
with great power and eloquence upon the Djustice Of
holding General Lopes, virtually prisoner until an
the vague propositions OF expeditions to Cuba shall Do
THE audience commenced to applaud, bot wsrs
quickly interrupted, in q very decided manner, ~
Col. Labuxan. deputy marshal
The Commissioner decided that the question vas
irrelevant and improper, as 1t was vague - to vhss
expedition he was to join.
Quertion-were you requested to join any other en-
Were you informed hen said expedition would START
and what vessel, No.
What were you told tho Of the vessel
which the ex petition to go,
Br Henderson objected to these questions as intrs
Mr. Moise objected, that the whole tenor Of this ex
animation Is ascertain whether there is probs
bic ground ts commit Gen Lopcs. but whether there
IL good ground for this examination.
fIIere there clspping and stamping In the lob
bies, whereat Col. Labusan threw busself into the
crowd Of the sympsthzers but far could learn,
with but little result far the discovery OF tbs
offenders was concerned
Mr. Hunt addressed the Court At length against the
sdmissbility Of this hearsay testimony conteuding
that would be great perversou OF law to allow Gen
Lopes to be tried upsn the admissions and statements
OF persons not his agents, connected With him Mr.
Hunt denounced with great eloquence this drag-nee
syrtem OF testimony against Gen Lopex out of ali the
rumors and statements which may be floating In tho
community
The District Attorney-Ths point has been decided;
and yet we have had tour speeches since trust that
these discussions on points decided viii not be psrss
vcred in
Mr.. Hunt replied that the defence knew we'll tAeis
The Commissioner decided that the question shsulA
The witness then answered he did noe know ths
Question, BY Mr.. benjamin Were you spoken 70
about any other expedition tn CubAt 4 never
spoken TO but once and that vas in tho stree.
officer in the army Of Bueros Ayres His bearing and
appearance were quite military and impressive
Major Thomas Patton was then called to the stand.
Questions by District Attorney-Do you know Gene
raj Lopez! had the pleasure Of an Introduction 70
Do you know Of any fact relating to any proposed
military expedition TO the Island OF Cuba, to the 1T
,,rs S, 'rmns and rI9,isonns any such erpeds,',on
TO involve me In prosecution similar to the nou
Do you hnow when the Creole left, No; only ~
Do you know Of any other expedition in which 20.
not tend to commit yourseiff No
District Attorney.-The you snly know n the az
petition In whioh you psrticip pAted yourself,
The Cemmissionsr decided that the question could
not be pressed
Patton replied that he could state any fact In
gard TO the sleg ed expedition which would .sf
MI Patton was discharged
Gel McAlpin having appeared, was now called ~
The counsel for tho defence requested that Col Ne
Alpin thould not bc examined at present But she
cGa, % 81 In n'.sea upon VS. gong o. no. IS s hs dS zoe
ton was Withdrawn. The question propounded yes
t.rdsy to Col NcAlpin, by the District Attorney vss
what were the statements translated to you by Ma
Sisur, at the dinner referred to yesterday,
Col McA.-Whh the greatest respect for this court,
7 must say that cannot, consistent With my Idea OF
the duty OF . gentleman and man Of honor, reveal
fMr. Benjamin sddressed the court this point,
depr.estns the view taken Of his duty, by Cob SoAr
pin but the lster insisted and said he would not
Mr. % Benlsmin inO addressed tn. Court upon ~h.. h.
considered tho sckiy sentimentalty which prevails
In the community regard to the obligations o. the
character referred TO by the witness The fret duty
Of every citizen TO the Law. lie had right to
create standard Of honor himself superior thst
enjoinss by the Law The witness has taken hia oath
truth lie (Mr benjamin. would be the last TO justify
esves-droppng. The witness had done all that the
Laws Of honor and hospitality required, when be %.
ected yesterday TO being examined In relation to vhsk
occurred at dir rner party But the Cour. has ruled
that the facts which b. has In his possession shall b
divulg.d IL 10 fnse notion Of honor aud duty-th n
obligation of the true gentleman or honest man TO
refuse TO give ,uch testimony. Hs trusted that the
viness would think better Of the matter, and not In
sist on occupying 80 i'm proper poeition.
Colonel MeAipin-I have calmly reflected on this
matter and bav. come ~ the deliberate detsrminaticn
that vhss Asss stated TO at private dinpss
party In H. confidence Of the nercourse Of gentle
ali my ideas of homer aud rentlemanly propristy, I
therefore repeat that shsl not answer The question
Mr. Moi,e sddres,ed q proposition to the prosesu-
tion, that Colonel McAlrin should he permitted 70