The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-02-27
United States District Court.
Before Hon. judge Bstts.

THE CASE OF HERNANDEZ, THE YOUNG CUBAN.
FEB. 24.-Fruncisco Elias Hernandez Francis
Stoughton, the Spanish Consal and G. Cdrnobeli-Mr,
Sedgvck resumed his argument this morning. in oppo.
siton to the application to discharge the defendants
from bail He said the plaintiff, infant, placed at
school in this country by his father in charge of
uncle and educated at his uncles expense was induced
and constrained against his will BY Misrepresentation
menares overbearing language official nluence and the
presence and manifestation OF force that hs
he could not resst-a proceeding from the NO defend
ants wso had no natural or prima taca right his
actions compelled him to leave Caverack, come to New
York and go on board the steamer for Cuba
This in itself constitutes case OF fase imprison-
we're clothed with the fathers authority This Is
untrue in tact and In law. The fathers letters were
they besr the marks Of evident consrant and distress
and in direct contradiction to the letters to the
are N short in no sense the letters Of the father
The only defence. therefore, set ails aud the de-
PENDANTS must respond to the action Is entirety ap
parent that the whole desire to have young HERNIA
sent back to Cuta proceeds from the Spanish govero
ment of the island OF Cuba The facs that the father
was imprisoned for sending his son to this country for
education that he again in trouble that account
that his sons return was necessary to extrcate him
from that trouble-a which appears the deendaut's
showing, fettlo that question The extraordinary in
reference Of this Spanish Consul only furnishes
iat,ye evidence Of The same fact 80 the proceeding
ence with our institutions, and requires speedy aud
ference of Mr. Stoughton the Spanish Consul showed
that he acted the ocs agent OF the of
Cuba and not the friend of Hernandez Mr. Stoughtoa
had some other object in view other than rendering
service to this happy and united family, for smnenty
happy must they be- constantly going in and coming out
OF prison. 1t may may not be necessary for the
safety o. the of Cuba to have this boy, of
fourteen years OF age, in prison. but all political
steratons he (Mr sedgwck) would leave out OF the
question.
The contradictions and misrepresentation in the AFT
davit glazing and cannot BIO reconciled As to the
demeaDOr defendants
contradcted BY the principal, OF the school Mr.. Ban
M Sv ~ the boy
suits are brought and suggestion is added that this is
oppression. The reason OF thc proceeding is simply
and while that is So 1t the right and duty OF the
Plaintiffs legal advisers TO bring both suits.
the only question in the Is that OF jurisdiction,
not az TO the plAnti, as the defendants adnvs
to imply nor as to both defendants, but to the de-
ienGant Carnobeli alone. The Consul is undoubtedly
joint separate verdict Carnobel is liable in this
Court the agent of stoushton. lie he is not
but it is more likely that he the consuls ,ord
nate than the Consul lis As to trespasser the Consa
being only liable here and there being proprety in
to be iia,ie here. This, however, is . new and nice
question, which the Court viii not dispose OF motion
TO discharge bail He therefore submitted that the
motion should be denied to both defendants, with
COSTS.
Mr. Edwards replied, contending that the Court had
jurisdiction. Because, here alien suing
aliens, which Is not allowed under the judiciary act
and even though foreign Consul IL auienabe to Dis
Ie ~ NOT 10 % Jolnea auOtner alien In
an action by an alien. But, suppcsiny such a thing
could be- must be In case where The other defendant
Bacting his servant agent. Here, Csrnobsli
not his servant agent; he the servant agent
expressly appointed by the iataer; that the Consul
might have been sued alone though he is charged
with being joint trespssscr. lie further showed that
the Other side, from bringing unjust action against
parties doing kindness, were thus compelled to lay
private and family stters before the Court and give
them publicity
The following additional AFFIDAVIT has been put in by
the Consul -
Francis Stoughton defendant herein, being further
sworn deposeth and sath--1hat when hs at Clave
rack about the boy Hernandez, he never showed Mr.
Bannster or any one any letter or document having
on it the word signature Conchar that he had no
such document letter with him, and Mr. Bannister IL
entirely mistaken in this respect but being stranger
to Mr. Banrster this deponent took from his pocket
letter from the Spanish Min ster at Washington Cheva
er Cueto and showed the signature OF il TO Mr. Banns
ter and the lster must have mistaken HCoucha for
"Cueto.n FRANCIS Sr0UGHr0N.
Sworn Mt the city Of Now York the oath day OF Febru
airy, 1855, before me, JosEra BuDGHAs, United States
Commissioner.
The Judge took the papers in the case, AMI reserved
his decision