The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-02-24
CASE OF HERNANDEZ, THE YOUNG CUBAN.
United States District Court.
Before Hon. Judge Belts.

CANE UT HEhNANuEL, IHE IUUNu UUDnNs
.~~S>>~>c~>~>>~>>~~Ss>~~~
United States District Court.
Before Hon. Judge Belts.
VERY INTERESTING PROCEEDINGS LETTER FROM THE
CAPTIVE FATHER.
FEB 23-Francis Stoushton and Christoral Cdrno6eli,
ads Franeisco Elias Hernamdes and his ner. Friend
Guaydian-This a motion discharge Mr.. stoagh.
ton the Spanish Consul and tho other defendsrs from
bail. Mr. Charles Edwards, Cd making the eion COM
menced by reading the following papers, which give an
interesting history Of the sase:-
Criopal Carxo6ei and Fraacis Stoughton ads Fruncs
Elias Hernandez BY Francisco de Arnas, his prochesn
bail and on the aayit OF which copies are hereto an
nexed let the plaintiff show before me at the Court
Hosse, City Han at eleven O'Clock in the forenoon, on
the twenty day Of February, instant, s,on
thereafter counsel be heard why the defendant
Crstoval Csrnobe not be discharged on
should not be reduced in amount or why the order to
hold defendants to bail should not be vacated and let
this order and copy OF the annexed affidavit be served
the plaintiffs attorney two days before the time for
showing cause. SAM. X. BETS.
CHARLES EDWARDS, Attorney for defendant.
New York, Feb. 10, 1855.
Same Us. Same Francis stoughton Consul Of Spain
for the Of New York. being maketh oath and
saith that the twenty ninth day of January last,
Consulate in New York city and delivered dsponent
sealed document directed IN Spanish which in English
would be thus the Spanish Consul Of the United
States at New York. favored by Crstoysl Carnobel. D."
letter and the said direction were in tie handwriting Of
father Of the plaintiff in this action and the following
is correct translation of the whole Of such letter
.ro the span,sh Consul in New York-Although his
Excellency the Captain General pleased to offer
. recomme ndation to your Excelency in my affair,
take the liberty to write to confidently because Of
will excuse the liberty take. write in haste on &C
count Of the desire which, as father have Of seeing
ortv nj HQpna md hn PANT
but consequences Of this had been Imprisoned seven
suffering second time, found no other means but to
request his Exceency the Captain General to permit
ssns he has "a 1 the
ton under the protection Of your exceency TO seek the
boy for he knows him personally, and bring him back
mother from place called Caverack under date Of the
2sth Of November last saying that he was in college
New ns n' % ss
No. 81 his uncle's house. But as presume that his
uncle win oppose his return the island request your
the knowledge Of his uncle that Of his family,
they viii hide him away believe that your excellency
has control the boy, because he Is sp.nard has
left the island such and 10 under age; and give to
your cxcellency my authority as father again repeat
my request and although am the father Of apoor FAINT
am ready to make any sacrifice to recover my son. as
il is the only way to my living happy and b free Of
troubles and sorrows, which bear me down. pray TO
the Almighty to preserve yeur life and health and also
FRANCISCO HERNANDEZ.
Ps.1sboaM my son require anything for his yoy.
age, should feel grateful II you would advance him
any sum, which will pay here to your order.
Also this deponent saith that account of receiving
the said letter OF the third day OF January 1885,
afterwards this deponent went, on the first day II
February instant, in rail to Csverack, Hud
son, with the said CristovA Carnobel who could speak
English and had never been before In America; that
they got to the institute school, where the said plain
tin was about O'Clock ?. N of that day; saw one Of
to send for the boy, which was DONE Immediately he
came in, he recognized Carnobel and they talked to-
gether some tin,e probably twenty minutes as dis
lance from deponent out of his hearing during which
time the Opponent was conversng with Mr.. Gardiner;
the opponent went with Mr. Gardiner towards the lad
HerDandez-this dcponent taking with him the above
letter from the father Cup to this time deponent had
not spoken to the lad and them handing the letter to
him, asked him whether the aforesaid letter, with its
signature, in his fathers handwriting; the lad
recognized IT, and deponsnt requested him to translate
the letter to Mr. Gardner which he did, deponent then
the Spanish Consul and, at the same time asked the
sd whether he would like TO go to Cubai to which he
imme dstely replied in English, 81 guess would' Mr.
with him. deponent replied in the Affirmative thereupon
Mr. Gardiner told him TO go and pack up his trunk and
wards the lad returned another Of the principals
being acquainted with the lads proposed DEPARTURE the
deIone , saw the former deliver to .he lad check
back advance just made to the academy for the lad
Then Ibis deponent shown the establishment
er ten mioutes to FIVE O'Clock the Opponent left and
went TO the cars with Carnobe leaving the lad to fol-
Ss &. .S BE- in bis ra
Carnobei and the lad and before taking seats, and
sandHg up, hare it was that the nIst conversation,
ponent and the lad which introduced by Carnobe
sewing the lad wished to his uncle business to
which dponent told the lad Il would not DO his uncle
would prevent his going home to his father the depo
nent the took seat aone apart from Carnobe and the
lad and he had further conyersation arriving at
Hudson, the opponent Carnobe and t5e lad proceeded
to eating house to take refreshmsnt before going
to the st Hudson; conversation occurred with
the deponent and the lad at that eating house, the de-
ponent CarRobe and the lad then went to the cars the
depon mt sat alone therein; Carnobe and the lad
pied seats together, at distance from deponent the
latter never speaking to The LAD az! on arriving at New
York. deponent at once left the lad In company with
Carnotel and went home alone and the next morning
the said lad to the Consulate with Carnobe and
got passport; and the lad, Will, this pairing,
wrote letter to bis uncle, returning him the check de-
lvered to the lad at the academy and deponent there
after parted from the lad, and bid him sooi bye and
used some kindly expression but deponent does not
member the words, but they only what deponen.,
as an elderly man, would have kindly used t, any boy
under similar crcumsances and deponent says that be
has not the lad SINCE he did not 20 the vessel in
which the lad was TO embark, but engaged with his
own business at the Consulate at the Tins and he has
detailed ell that has oc:urred from first TO last in rels
ton TO him. 80 far as this deponeat Is eoncerne aud no
says that his action and conduct in regard to this
he did with view carry out the fathers wishes
as eSprs sed in his letter and this dcpone
was wholly Indifferent to whether the said lad went to
Cuba not and he soemnly tina, the lad hal
said he vould not to Cuba Havana the deponent
would have left the lad forthwith and this deponen
says that from ell he knows read or been informed
he verify believes that the said Carnobel employed
from first to last in the above matter at the unbiased
a7d unnuer ced desire OF the parents OF the said lad and
that what he has done in this has been oblge
them and this depenent denies that he ever told the
said lad plantf herein that he must 90 TO Cuba sni
that he did not 60 he would be put prison and very
badly treated thing TO that effect; did he
ever hear the said Carnobeli say SO. nor did he
do any such thing write uncle nor did tue said
lad in this defendants hearing Tor far depou ant
knows ever say he would not 60 with deponent said
Carnobeii unless he could first his uncle did de-
ponent ever reply that he should not did he hear
carpobei say so; nor Did the said lad to any such
fpopse say that he would not go at ALL did this dsp)
nent (noi far deponcnt knows did the said Csrno
be tell him that he would to New York they
would Cor that deponent would let him his uncle;
and this dcponent utterly denips tn