The New York herald., 1866-07-21

before the United States Consul in Havana and made
an affidavit in reference to this case Now il felony
fron'ed with their No telegram no letter can
lock them up; no affidavit bef0re United States Con-
sui can ock tnem up until Is shown BY some living
witness that crime has been committed by or tho
other OF them have seen from the beginning Of this
examination, with pleasure and PRIDE the Kind SYM
pathy (Which your Honor has not suffered 20 AFFECT
Judgment in deciding this case one way OF another
which you have shown to these unfortunate men, and
don't believe either Juror Or judge ever exhibited his
IN siding with the oppr essed the fendess and the
fortunate These men have been locked up without pro-
cess Of law 1t has been illegal detention from begin
nng TO end and under no aspect Of this can they be
held any longer
Mr.. Bedford-The gentleman has NO more proof or
what he has said than merely informal and belief
and do desire that these afdavits ON file before
Justice Hogan bc produced What Is the Of cropping
around here in the darks
Judge Mccunn--Justice Hogan is out Of town.
Mr. Bedford-0ne OF the gentlemen opposed to me
says this is grave question IL 1t be grave question
adjourn and discharge these men, II they deserve IT.
They have been held by .ustce OF the peace The af
man has sued out his writ and they should be produced
here am not responsible for the afdavits not being
produced The gentleman argues the question o. slavery
as II they were here for being slaves. don't care TO
have these men sent back TO Cuba; that Is not
my position l am informed by tho officer
who caused their that portion OF this stolen
property found their persons at the time they
were arrested in this city, and am here TO say that
the parties be arrested for alleged larceny committed
their person and in their possession fruits ri that alleged
larceny that confers jurisdiction the District Attorney
OF this county.
jude McCrnn-No doubt at ell about that But that
Is not this case.
MIR Bedford-What is this caseP
Judge McCnnn-This IS where two slaves from CGba
charged with theft, or, east citizens of Spain
You say these men committed this larceny in Cubaf
b'r. Bcdford-But have not conceded that they are
slaves
judge McCnnn--J don't ask that concession. You
conccdc the fact that this larceny was committed in
Cubn?
Mr. Bedford-Outsidc of the State OF New York
believe II was actually in Cuba
Judge McCunn-That being so, don't see how
take cognzance Of the minor offence That ends this
case. The commitment is simply for examination
Mr.. BedfordI toll your Honor have been officially
informed and assume the responsibility of saying So
that regular adavits drawn up before Jnsice Ho
gan, and tho gentleman comedies and already has ad
mitted, that writ OF certiorar sued out and had
not been obeycd.
Judge McCunn-I regret exceedingly Mr. Bedford
That that is the case II is n very hard matter.
Mr. Bedford-If this be the grave question which tho
gentleman saws is had not better be adjourned till
Tomorrow. think it is smrle of grand larceny
The question OF slavery has nothing TO do with IT,
DISCHARGE or THE PRIs 'vERs.
Judge McCunn-I am going to Discharge the prison.
crs; and will say that # these mon taken IN
without any process Of law ard locked up TIL this time
that the parties should be punished severely aud If it Is
in my power will do IT,
The prisoners thercgpon discharged and received
the congratulations Of their friends.