The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-02-24

in Few hours Carnobe asked deponent to 90 after the
lad and ascertain why he delayed which he did and
ound him at the grocery and the lad told him
Why he long because the person in the store
pom deponent minated to him that he had better be
expeditions, ar left him in the store and went back to
e q S h sD to the Ill
did not know where it was and SO he went with them
they all walking through the streets to the vessel and the
other passenger would; then dsponsat saw person.
AXE the lad by the arm and showed him paper depo
ent did not hear all the conversation but this person.
seemed scared there were about half dozen Cubaus
around Them and this uncle after using Spanish word
which means "ungratsful (" said to the lad-Are you
going not? Tor words to that eect) and the lad
pon.nt says that csinobs did not stop the uncle from
tsknghe boy away nor coerce him board, check
the Lad .a the ship IN that after all
RERNARDINE sERvEIRA.
Sworn to at the city Of New York. the 10th day of
February 1885, before r. E. STLwEL, United States
Commissioner.
Mr. Theodore Sedgwick, who appeared for the infant
and guardian read the following afdavts, in which the
defendants have bssn held to ball.
Same us. Same.-Francisco Elias Hernandez, being
duly sworn saith that he is aged sixteen years and up
wards that he the goion and ward Of his uncle Jose
Elias Hernandez who resides 81 No. 81 President street.
Brooklyn and that he has been educated in this coun
try, ct his said uncles expense And this deponent fur
Their saith, that he placed by his said uncle in No
vembsr last, sta school kept in Caverack, near Hud
Gardner and Mr. Bannster thai about the first Of
February instant while deponent was in school, he was
sent for to come to the ece this was in the afternoon
deponent went here and found two persons there
was Mr.. Crstobal CarnobeI whom deponent had seen
in Cuba and with him the Spanish Consul Mr. Francis
that he had letter from his father who resides in
Cuba, directing deponent to return to Cuba to which
noSs and G stousnson them SS od me- that must
60, and that IL did not 80 would be put in prison and
very badly treated; told them that must write my
nnn he InaAE orda <naw
said should not do any such thing said would not
60 with them unless could frat my uncle they
at all then they said that II came with them to New
York they would let me SEQ my uncle; and deponent
says that their manner threatening in this
sation told the principal, Mr.. Gardner, that he
responslble for me to my uncle; he did not say any
thing CarnobeH and stoughton we're in great hurry,
deponent further saith, that in the year 1853 when
about fourteen years of age be was arrested and
being a Ss.
fined in prison at Baracoa and there altogether
eral months that deponent was terrified at the idea OF
style Of the conversation of Carnobel and Stoughton
which was sometimes carried on in Spanish and some
will and wish during the great par. Of the CONVERGE
ton Mr. GardBer, the principal was present. deponent
came to New York the same afternoon, with the said
stoughton and Carnobe, by railroad and taken by
Carnobs to boarding house, No 154 Chambers street.
that night; deponent Immediately his arrival asked
to be allowed to his uncle but Mr. Carnobe told
me should not my uncle; he offered money, but
refused it; he would not let me see my uncle; was
put to sleep that night in the same room with Mr. Car
nobel; the next morning again desired to my
cle he refused to let me see him. Carnobeli took
with him to to the store of Mr. Cebalos in Broad street,
the passport to Mr. Carnobe then went back to tho
boarding house in Chambers street, at about half past
one O'Clock the said Carnobeli took the dsponent
board the steamer Empire City that going to Cuba
was proceeding to compel Rim against his win 70
to Cuba, when he liberated by the Interference Of
his uncle and his FRIENDS and taken home by his uncle
And deponent further SAITH that he has been unlaw-
sna oso1a esnobe ans mu
soned by them that bis only desire is and always his
been remain the United states with his uncle and
guardian, the said Jose Elias Hern andez And this
ponent further saith that the said Francis Stoughon Il
the Spanish Consul the city Of New York Mr. Carno
in Spanish; Mr.. Stough.on sometimes In Enslsh and
sometimes in Spanish. And this depontnt, Francis E.
Aernandez further saith that during the conversation
General OF Cuba would take charge Of his education
which this dsponent replied that his uncle took Of
him. and that was quite enough. And this deponent
further SAITH that during said conversation the said
Carnobe said in the presence Of the said Stoughton
weather; but that he (Stoughton) had received
der from the Captain General OF Cuba directing him
to do SO, or words to that effect
Sworn before me on this sth January, 1856. E
STnwEIL, U. s. Commissioner.
Same ps. Same-Jose Elias Hernandez being duly
sworn, sath-That he is naturalized citizen of the
United States and the uncle and godfa her of Francis
Elias Hernandez; that he has read the affidavit of the
said Francis Hernandez, hereto annexed and that the
Is true to all he matters therein stated which
In any way affect regard this deponent And this de-
ponent further saith, that the said Cristoval Carno
formed and believes intends to sail for Caba the och
of February inst And this depor further saith taat
els Hernandez and Of bis father the BROTHER Of this
deponent, with the government of the Island OF Cuba,
and that he has doubt whatever that the agency aud
nter OF the Spanish Consul in this matter have
been entirely and directly according to the orders of the
Spanish government and that had IL not been for su.h
ne es I0 as e gbss
lance between the said Francis Svoughton sn this de-
por pts said brother And this deponsn further saith
that ks raid nephew and godson sent here 20 this
deponept by his father in the fall Of the year 1884
be educated in this country and that depcnen has
had the boy educated here at his expense that de-
ponents opinion II entirely his brother
Francis Elias Hernandez, have given with his Wn
consent any order for his son to return and taa any
such order given IL must have bsen obtained by the
undue and tyrAnnca interference Of the Spanish govern
inert OF Cuba with his said brother either for the pur-
pose Of reimprisonng this Opponents nephew OF OBJ
tanning possession Of his persn to exercise greater
troll over his parents or some other oppressive and aro
trsry purpose. JOSE ELIAS HERNANDEZ.
WEI, United States Commissioner
Mr. sedgvcL also read affidavit Of the uncle of the
boy in which lie says that he (the deponent Jose Elias
Heinau5ez) Is naturalzed citizen, and 10 guardian of
the infant paatG who Is also his nephew the father
Of the BOY ia brother OF the deponent and ia physician
residing in Gnba that his brother and the infant
plano both thrown into prison in Cuba in 1858,
the suspicion Of their being daectei TO the govern
ment OF tina, island for other purely political
cause and that the father remained in prison seven
months and the three months that deponent received
letter from his brother dated 4th July, 1854 mmed
sy after his being let out Of prison. in which he stated
hat his health had greatly suffered, that his fortune
was seriously injured, aud that he desired to send the
SON to opponent to be educated here the deponent goes
on that he has educated the boy at mis-
pepsA thst he has regarded him of his own
desire 10 90 back TO Cuba bat the contrary, has
expressed his wish to remain permanently in this
country; in January last deponent received
sage from his brother, to the efe 4 that he
might be obliged TO send for the boy, and that the
boy wrote 70 the deponent, expressing, in the
strongest terms his unvillingnss 70 retarn to Saba