The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-05-30

The Administration and the Cuban
Imvaders.
The NewYork HERALD has been endeavoring to
create the impression that the prosecution of Hen
der.on and others, indicted for the breach Of the
neutrality laws, was most grossly mismanaged by
the Government officers in this city. To the Dis
trict Attorney is imputed the failure to convict
and his entering nols prossqxis, after three inef
fsotnal attempts to procure Z verdct is attributed
. an apparent pet, but real sympathy with Lopez.
The NewYork Herald has evidently been misin-
formed, and will endeavoF to furnish it with the
correct version Of the facts.
The Herald says !" The tisl Of Henderson was
FIRST insisted upon, spite Of all the evidence against
Lopez. The result turned out to be what the in
stigators Of such course expected. Henderson
could not be convicted after three trials" The
District Attorney preposed to try Gen. Lopez first
He claimed, however, the benefit Of full bench,
and Judge McCaleb improperly yielded to his mo-
ton. The Circuit Court consists Of Circuit Judge
and District Judge, but either can hold Court
without the other 1t has not been the practice to
delay cases for the presence Of the Circuit Judge.
In l646, Sibalich was indicted for murder on the
high seas, convicted and executed, with only the
District Judge on the Circuit Court bench. Many
points Of law were raised in the defence, and
counsel argued the importance Of reserving these
questions for full bench. The objections pointed
out, on that trial, to the formation of the Grand
and Petty Juries, were overruled but the Juries
from that time, have been drawn as the prisoner.
counsel commended Now, If there could be nc
delay where mans life was at stake, we do no
| L. o~rI II. L.,
been shown another, charged only with msde
meanor. But Lopez claimed this privilege, and i
was granted him.. Henderson claimed an imme
diate trial. and the District Attorney compelled
to grant it. We do not that the Attorney coult
prevent this. The evidence against Henderson wal
just as full and conclusive, as it could have beer
against Lopez. The defence did not rest on tn.
want Of proof, but after an admission Of partcipa
ton in the purchase of the Creole, and of full
knowledge of the invasion, it was maintained thai
these acts did not bring the party within the words
Of the statute. Gen. Henderson was the agen
who bought the Creole. He paid part in cash
part in his own note, and the rest in Cuba bonds
with full knowledge Of her destns ton. Three
Juries had been unable to agree. More than
month had been spent in these trials. So far from
from secret sympathy with Lopez, the Distric
Attorney acted from sense Of duty. 1t was ap
parent that NO conviction could be had. The cas-
Of Henderson presented the facts fairly--that @
Lopez could not have done any more. After thre
trials, followed by disagreements, it would hav
been persecution to force either Henderson or an
Of the others to another trial. We shall no
| attempt to defend Mr., Hunton from the charge Q
feebleness and Encouragement. We think he ha
thus far proved himself every way competent t
discharge the duties of this important office wit
honor He had also the assistance of Mr.. Benja
min, confessedly in the first rank of the profession
and one who would FIJI, with ability, any station il
| the Government.
| 1t is amusing to observe the different ground
taken by the Herald and the Delta. The frs
denounces the Administration, for the imbecilit
with which the prosecution has been conducted
While the other devotes about column day, II
denunciations Of the President, for his persecution
Of Henderson and the others.
The employment of Mr.. Benjamin has been al
object OF particular censure. 1t would seem as il
this was the first time when associate counsel hae
been retained on behalf of the Government. Blu,
we find that as early as 1896, four lawyers were
feed to assist the District Attorney in the trials
the Whiskey Insurrecton. Mr.. Noise acted
in this city in many prosecutions on behalf of the
United States.
The fact is, that the prosecutions in this city
were conducted precisely as they should have been
A large number Of individuals had been indicted
| the public feeling was in their favor-the mos
eminent counsel were retained in their defence
scarcely man. Of any note, had not either beef
retained or volunteered. The Government, unde
such circumstances, deemed it proper to offer the
regular legal officer assistance. He himself select.
ed Mr.. Benjamin, who, as lawyer and advocate
has national reputation The examinations were
protracted for weeks. And after three Jures had
refused to convict Mr.. Hunton entered a,ol.
prosequi. The Herald is the only press, which, te
our knowledge, has accused the Administration o
deficiency Of " firmness and determination"
In this city, many of the personal and potica
friends Of the District Attorney, wished him t.
| dismiss the prosecutions at the discharge of tn
second Jury. And his course on the third trial
met the appreciation Of the great mass of the citi
zens, who were anxious to maintain the neutrality
| of the country.