The New York herald., 1868-09-05
NEW YORK CITY.
THE COURTS.
lsIfp STATES COMMISSIONERS tsTM
The ALLEGED Assault Upon the Minister from
Honduras.


Before Commissioner Osborn.
The United states us Fefrdr de COnto.-The further
hearing of this case was resumed yesterday morning
1t will be remembered that the defendant, who is
the editor of Et CrOnfsta Ia newspaper published in
the Spanish language in this city in the interest OF
the Crown of Spain is charged with having re-
Gently assaulted Mr. Ignatio Gomez the Minister to
the United States from the republic OF Honduras at
Delmonco's, in Fourteenth street, on the 11th Of
August. AT the previous examination the session
was taken up with the testimony or Mr. Gomez,
alleged assault. The defence is that Mr..
an ambassador by descending to the writing OF
letters In reference to the defendant who claims that
such letters are libes upon him. and That whatever
occurred at DelmoncO's was provoked by the publ
cation Of the alleged ibelous epstles. The case was
adjourned to yesterday for the production OF transa-
tOns Of the letters referred to. When the case was
called Mr.. Ignacio Gomez was cross-eXamined by
Mr., Morange, counsel for the defendant.
Mr. Gomez testified have not seen this publica-
tiOn (prOduced) BEFORE containing letter in refe-
renee to the defendant, nor did know whether any
letters were to be published.
Mr.. Phillips objected on the ground OF rrele-
The commissioner understood that the defendants
counsel introduced this paper to show that the as
sault If any, provoked by the publication Of the
Mr. Morange replied that such was thsDbjecr.
The Commissioner said he had examined several
authorities on the subject. He could not allow the
evidence to the justification of the assault before
such assault, If any were committed should be
Mr. Morange read the statute with reference to the
extraordinary protection which was given to minis
tiers in their official character. But when he de-
scended from his position to attack private citizens
he lost that extraordinary protection:
The COmmssiOner-When the Minister makes the
nrst assault he can claim no protection.
Mr.. Morange7If this Is personal privilege
Mr.. Phtlltps-It ts certainly personal privilege.
Mr. Morange said the complainant could waive all
personal privilege and did SO by the writing OF the
letter. The Minister says In the letter-I depore to
I'm a11ahf tn dnInn fin
ton," &c. We say that is waiver Of his privilege.
and having waived that privilege the defendant had
right to show, as in police court, that there was
The Commissioner said there was no waiving OF
the plaintiffs position. The letter in which he de-
scended from his diplomatic character had nothing
to do with the assault. Under such circumstances
he must overrule the point:
The cross-examinatiOn OF Mr.. Gomez was then pro.
ceeded with as fOllOws:-I swOre that Mr. DE COnto
said that II repeated that he was lower bred man
than myself he would slap my face; did not repeat
that; he assumed aggressive position; told him
ne was .ower bred man than myself whereupon the
defendant told me to consider myself slapped; did
blow; was living at the Clarendon Hotel; Mr. En-
ker came on a mission to me from Mr.. De COntO;
told him that could receive no communication ex
cept in writing.
Mr.. Courtney submitted question, with the view
OF elicitng the fact that the defendant had slapped
the face Of Mr.. CammachiO, Consul for Honduras in
one OF the public gardens of the city, and of showing
the anmus Of the defendant in approaching Mr. Go
mez at Delmonico's Hotel on the occasion in ques
ton.
The Court ruled out the question.
Raphael BombO examined by Mr.. Courtney re
side In New York: know both the complainant and
the defendant; the latter is the editor OF the Spanish
paper published in this city; was in Demonico's in
August last in company with Mr.. Gomez; we wenl
there to dine we were in the lower dining saloon,
where there were about nfteen persons; the first
thing saw or heard of the defendant was after
dinner, when turned to the right and saw the de
fendant and bowed to him; suggested an adjourn
ment to the smoking room; shortly after the de
fendant came after us, when he said, '.Mr. Gomez
every word have said TO CammachiO consider Il
said to yOurself; his attitude was tragical, but moi
as II he were going to strike; subsequently,
thought 1t was better To stop there's | tapped
Mr.. De Conto ON the shoulder and said, ''lou
should not have selected this occasion for this >
when he replied, 81 take the first opportunity
find, p" and said to Mr.. Gomez yOu are liar and in
decent persOn' Mr.. Gomez's attitude was quiet and
digniied and he answered, '.You are more indecent
than myself" said DE Conto, lf you say that again
Will slap you in the facet Mr. Gomez told him. .Th:
| Is not the way how gentlemen act" but he did not
| say how they act; DE ContO said he's would send
person to Mr.. Gomez, to which the latter replied Al
rights" DE COntO subsequently left; De COnto was
very animated at the time the defendant made thes,
remarks; he assumed threatening aspect, bu
French, Spanards and Italians are more animated In
their conversations than the Americans.
The case was further adjourned till Monday.