The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-01-16

At the reassembling of the circuit court of
New Orleans, on the 9th instant, ne decision
was rendered on the point which the Judge had
taken under advisement on the Saturday pre-
ceding We learn from the New Orleans pa
pers that General HENDERSON, the accused,
applied to the court for subpoena duces tecum
against LOGAN HUNToN, u. S. district attor-
ney. to produce in court the letters of instruc-
lions from the Secretary Of State, in relation to
this prosecution, and copy of the reply of Mr..
HUTTON, written about the 9Th of May last
He referred to the case of AARON BURR, where
similar application was made and allowed.
Mr.. HUNToN district attorney said he would
make no opposition to granting the application.
There were no State secrets in the cores
pondence between them.
1t was agreed that, when the letters were
found, they should be produced.
Mr.. HUNToN then opened the case for the
Government. After describing the expedi-
ton, he said that he expected to show that the
defendant gave his aid, assistance, and counte-
nance in fitting out that expedition that he
was one of the chief advisers; that he provided
the means for the expedition that bonds were
issued by LOPEZ and others for the purpose of
raising fund to carry on the expedition, and
that the defendant purchased a large amount of
these bonds, at the rate of ten cents in the dol
lar, thus contributing his money to the ex-
petition; that he purchased the steamer Creole
in the city of New Orleans for the purpose
Of conveying the men and arms to the
island that LoPEz and his followers
were transported to Cardenas on the said
steamer. In fine, he expected to show that,
although the defendant did not actually 90 to
the Island of Cuba, yet that he aided very ma
terially in setting on foot the expedition, and
was indeed one of the master spirits of the en-
terprise. He expected to show all these facts,
and, by doing 50, to establish. that the defend
| ant has violated the laws of his country; that
he is guilty of the offence for which he stands
indicted, and that he has incurred the penalties
of the act of Congress of Goth April, 1918.
The district attorney then went on to COM
ment upon the importance of the case; and the
duty of the jury to give to it patient and IN
partial hearing.
General HENDERSON, after the district attor-
ney had concluded, stated that there Were two
propositions made by the district attorney which
he did not think could be proven. He did not
expect they could prove, according to the rules
of evidence, that JOHN HENDERSON did pur-
chase the steamer Creole and take a title in the
name of WHITE, or that he had ever had any
thing to do with said steamer; or that the
expedition left the United States, and that
Cuba was invaded, as the district attorney had
averred in the indictment. AS he understood
the law, neither could be proved. His position
was that JOHN HENDERSON could not be proved
to have purchased the steamer, or had any
thing to do with her, as it was not so charged
OF averred in the Indictment.
JOHN HIGGINs, witness who resides in
Cincinnati, was then called, and testified that
he left New Orleans in the month Of May for
Chagres, and that Mugeres island was the first
place at which they stopped after leaving the
Baize that he went to Cuba from the island
of Mugeres that he left New Orleans in the
evening about eight or nine O'Clock and that
when he left he never expected to 90 to Cuba
In reply to question of where he expected to
go, he answered that they said it was an expe-
dition, and was about to proceed with his testi-
mony, when General HENDERSON objected, and
thereupon made long speech, which occupied
the court until three O'Clock without being
concluded, and the court then adjourned until
the following day.