New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1859-10-18
2 the following return :

Commissioners COl1f.-Mr. Commissioner Lusher
opened Court yesterday to examine the leaders of
the party recently arrested by the Governments
orders whilst on fishing frolic at the Southwest
Pass, the suspicion being that they were about to
violate the neutrality laws by embarking with
military designs against Nicaragua or some other
foreign country with which this country is at peace
The courtroom was crowded. The four accused
parties Maury, Anderson, Fayssoux and Scott,
were up to time and looking remarkably well for a
party subject to such a prosecution, or persecu-
ton. Messrs. NJ NJ. Cohen, Pierre Soule, and
Thos Mckay appeared for the defence. The
Government was represented by Mr.. H. c. Miller.
After the calling of the witnesses for the Govern
ment, "a prodigions crowd, whose names filed a
piece of paper nearly three feet long) and some
preliminary chatter between the counsel and the
Court, and the Marshal and his deputies, it was
agreed to proceed to business with such of the
witnesses as were present.
Mr.. Miller opened the case by reading the affi-
dayit of one Jones, setting forth that one certain
VIM. Walker, and host Of others, (includng the
four above named) had planned and prepared a
military expedition for the purpose of invading
Nicaragua or some other foreign country with
which this country is at peace, ETC., etc.
Capt. Rezeau, of the tow-boat Panther, was the
first witness sworn. He was questioned at great
length by Mr.. Miller. Without cumbering our col.
umns with the useless details and repetitions of the
testimony, we state that the substance was this
On the night of the Sd inst he went down with his
boat by order of the manager of the Towboat As
socaton. One of the accused, Fayssoux, came
aboard at the city, and stated that he wanted to
take trip down to the bar with some of his
Tba pfoi, {aJ
paid, nor was any charged; it not being the GUS
tom of tow-boats to charge passengers. Stopped
near the Powder Magazine, on the other side of
the river, ten miles below Algiers; stopped there
at Fayssoux's request. Fifteen minutes after, a
number of men appeared on the levee and came
on board; some had carpet bags, some had none.
Did not see where they had been staying Could
not tell the number of the crowd, though it was
not large one. Reached Pass rOutre next
morning. The crowd went ashore at the coal-yard,
three or four miles below the telegraph station.
They staid there five or six hours and then re-em-
barked. Stopped about an hour at the telegraph
station. Mr.. Allen, the telegraph operator, was
there. After that went around to Southwest Pass
got there at about 8 O'Clock in the evening, and
landed the crowd at the telegraph wharf. The last
witness saw Of them was on Wednesday or Thurs.
day morning. Went out Southwest Pass because
it was his business to go out that way for a tow.
The only weapons witness saw in the crowd were
rifle and shotgun, and revolver or two.
Upon Mr. Miller asking witness if he had heard
any of the party talking about their object down
there, Mr.. Soule objected, for reasons which he
gave at length. The replies and rejoinders and
readings of authorities by the two counsel were
lengthy and youminous and consumed much time
The great old case of the United States VS.. Aaron
Burr was resurrected and dissected by both, and
other books extensively overlauled The Commits
sioner deciding that Mr.. Miller's question was al
lowable, that question was reiterated.
Capt. Rezeau stated that he heard the men say
they were on fishing frolic. They had passed the
time at Pass rOutre in fishing and shooting at al
ligators, etc. He told them the fishing was better
at Southwest Pass, and they went there with him
and there they resumed their sport. Did not heal
them talk of coming back did not hear them speaf
of any other intention than that of fishing. Heart
or saw nothing of the revenue cutter whilst he was
there.
Mr.. Soule's cross-questioning was simply as tt
the two guns and two pistols seen in the hands o
the fishing party.
Mr.. Charles Allen, telegraph operator at Pass
FOutre, was next examined. He was at the sta
ton when the Panther stopped Saw FayssouS
Maury and Anderson on board, with others; ho,
many in all, could not tell. They appeared to b
doing nothing in particular, and amusing then
selves generally. Fayssoux came ashore on
friendly visit; and whilst at the office, transacte
some private telegraphic business.
Upon Mr.. Miller asking witness to state e:
plicitly if Fayssoux sent any message over Il
wires, Mr.. Cohen objected He thought it tin
to interfere, when Government was about to pl
into the secrets of telegraph offices, and require
| telegraph operator to violate his trust. He sti
matized the design in strong language; argued
great length, and cited much from analogous pos
office cases in the books and dwelt forcibly upt
the sanctity of the telegraph, and the inviolabl
of the trust confided to telegraph operators NJ
only by the companies employing them, but by Il
public at large.
Whilst Mr. Cohen was speaking, alr. Soule ros
to state that the accused had no objection wha
ever to the production of any dispatch that any
, them might have teegraphed, provided it was
E the original writing. Mr.. Miller responded to
Cohen at length, sustaining his right to ask certa
+ questions in certain form, and discaiming any
tention of asking Mr.. Allen to tell what Faysso,