The sun., 1873-10-10
rnr spANIsn covyrLArntIoNnD.


McCuc. yesterday. tho ease of lhc People against
Maria trrlch de Luca came up on thc return
90 tu order t. show ca'isc granted l'-f Tuesday.
Mud me trrsch was rrc.tcd ON tHc Sd ~
Auruet On nor arrival ct this pcrt rom Havana
she was searched and stripped Of all bcr prop
! crtv Alter being kcrt in rri4on tour days che
was brought before Judge Alexander McCuc
and dschrrccd. hut her property. consisting a.
She alleges of icwrlrv aud money amounting 20
auudt Siguut was not returned t1 her. and she
now prlys that g. be restored. IL H. subnlitOl
bv counsel that tho search oi tho prI-uuer and
the seizure uf her pr uperty were Illegal and un-
authorized. The " Irdnt commanded merely
the arrest Of the prisoner; there the duty of the
officer ceased.
AsTATt'TE prsRrGtRrEp.
The statute regulating search warrants and
the searching Of prisoners after arrest were not
observed. That IL Il the exclusive. province Of
the COu-t to authorize tho search Of the Prison
cr, and the officers cannot do 40 without such
authority IL further appears from the CounHcfs
moving pintr. tnat the act oi lN1' feEulatlir
rested persons, had been set at naucht In this
matter bv both the Spanish Consul and his legal
advisers webster Craig. II is by his stat ,to
cxpia sr enacted that an inventory shall b.
made vthe property clerk ~ all property take
nom any accused person, and that n copy -hiil
be liycu tO the person from whom the property
s r" tNru In This rl-r fhc lady swc rs tiIHt uu
copy was given her 'rna atatu'e a'.o enacts that
If the property SO taken be claimed, the ,laiman'
ny ,t4n.I,.! rs t'Th. t. u 10 tue tdii-C,t.D
~ tne IN, Gr rn, ii''nI .1 irt'ei ,2 M o,dr u
tht accus d. TINS - hAev .se alleged To nave
botn disr,ttrlc /.
1uU SPANISH c,suL
put na vtiucn claim io the property, but Wa
establish ia IN, -rtsf,ctiou ~ the commit
ting maeistratc tuat hc was tue hehtiul owner
lion and .be properly wns banded over b. Tine
Spanish Consul upon his mere claim. maic
aitcr Hadame jirdch bad been discharged, aud
lu spite of tho statute. The counsel urea that
the property shoull be az once replaced with
tue pIop,ty clerk and the Consul made to
establish hi5 hight, as required 5Ythe law, otl e..
wise T. -hpuld he returned % cnmulainant BIT
the m st -or'Iu, part Il il,s suspicous transac-
tton is In rex ri e. document That purpIrt TO
he an ts- .ninont O. T tls property t0 ihe Consul,
US bcins part 0t d Il5htr cgmmi ed on tie
Commcrcinl Bank of Havana Il IL eX.lducd in
ihc iuupWlNg UiaNtli
rom DAYS II PRISON.
en- or Bcooi ~. q gnVor fi7os sy' Maria Crrn b
de lue'. being duy sworn tepese. and ,ays;
ni,.ni ior Nev orb On The ssa.h'p Sy Of M.xi, o.
having previously procure trou tnc authorizes pls-
l., ~ letA form atd la'i-- personally e-stsod ana
lhat on arrival AZ ouarin,ne On tcsd day ~ Auvn-t
s'i several mn, 70 her unkuovn, hut whom shr har
o the spsnisi { onsui at Sew YorS and some police
officers o detective ~ nts arrested The leiend' ar aa
&c 81 g ds q % e sscs ,4 az iss ,Ds va
10y hin ordered 70 be discharged.
Deponent further says tnat at The time OF making
hlm search del o4eqts pagslge and also sesrone
iiiibeep from i,f he following properly Of lSo d.
\ Dot to the order cf 'his d'ponen' f'r fi7 1ol,
United sttcs curr'r rcy tD tlc amount u ,.>lj Luf
set WITH diamonds one iAiond mag one diam ND
fNeo ,oi b,tit au De- r..i,rt t ~ eir Nv
ee 'o-e' e. her. ana be pr'ys tui It's r'titutoa
srR,"oiP.
p'pon'nt frrtN'r -.,- not she i' ,ni'r'ly ms.
- o. tif4 gag ehto t~f "aa t.p t4i suyt4 ny t.c