New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-07-19
THE CASE or ESPOSITO.
AWAITING EVIDENCE FROM ITALY

INTEREST EXCITED BY THE PEoCEEDINGs-ARGU-
MENTs OF THE CoUNSEL--AN EFFORT TO TRANS
YER THE EXAMiNATIoN TO NEw-ORIEANs
That the Importance of the arrest of the man who
calls himself RcbclO, and Is charged with being the
notorious Italian brigand Fsposito has become more
fully appreciated since last week was proved YES
the case. The interests Of the Italian Government
were represented by the senior member of the firm
DR.. Ullo, counsel for the prisoner. had associated
with him ex-Judgo Choate. This was cx-Judgc
since his retirement from the bench The proceedings
Yesterday were held III the Circuit Court room tho
third floor OF the Post Office Building Before United
States Commissioner Osborne took his seat on the
bench the courtroom was crowded with Interested
spectators, among VIII III were many Italians. The
prisoner was brought into court handcutied, and
given seat Ill front of his counsel. The hand
cuffs were removed before the court was orened
and Rebelo, or Esposito, whichever he may be- sat
through the proceedings without giving anv ont
ward sign that he was interested in what was going
on about him.
Mr. Fuller asked for the production of the papers
which had been found in the possession of the prs-
oner, and when they were produced he put "A num-
Der OF them III evidence to prove that his was
not Rebello, but that he was known in New-Or-
leans, at least Antonio Constance. He also read
the following telegram:
To Italian Consulate to be for~arded 10 PRINCE CAM
Photograph and declarations ascortaining the ndeny
Of Randazzo were forwarded to Consulate 9th inst
fish steamer Alexandria, Royal Anchor Line, which. az
York. MAScrSI. -''"-
Minister of Foreign Affairs.
On that telegram" said Mr.. Fuller, "Irenew
the application for . reasonable adjournment for
the production If evidence"
DR.. UIlo said that ON Wednesday last the prison.
ers counsel had been told that the gems darmcs had
already started for this country. The photograph
which had been produced in court had not been
shown to be the one which had been identified IN
Italy, and as there was no proof that the prisoner
was the man the Italian Government &anted
he moved for his DISCHARGE He argued that the
papers which had been, put IN evidence, simply
proved that they the bills of some one W no
had purchased fruit from dealers in New Orleans,
but they did not prove that the prisoner was Con-
stanzo. But admitting that he was Constance,
the fact of his using an alias not offence
for which he could be sent out of the
e@o na IL the prisoner was not Esposito or
1t would be twenty-fOur days from July Is before
the witnesses could arrive in this country, and h
asked, i'll the name of the liberty which was enjovcd
in this country that Rebello be not confined all that
1T has been said" continued DR.. Ullo {" that the
man wanted has longitudinal scar on his fore
head Here is the original Of the photograph
Examine him and see where the scar is.
The Italian Government does not even plead
urgency 1t does not say that the prisoner is flying
from JUS ice to evadc the demands of his Govern
Inent. tie was living quietly iii New Orleans with
his wife and child, conducting his business as a
trterer There was no reason for his arrest at the
time 1T was made, hut since it has been made we
ask for prompt trial"
Commissioner Osborn asked if the defence conceded
DR.. Ullo said they did not Neither had it been
Identified as the one which had been used in Italy
Judge Choate stated that there was not particle
copy from the same plate as the one produced. Mr.
Coudcrt argued that the Commissioner had
q discretion which must not be abused 1t
had been said i'll an English case that sometimes
three days and sometimes three months would not
be an abuse of discretion in granting an adjourn
ment. If the prisoner were innocent. then. of
course. IT would be hardship to keep him locked
up, but the people had some rights and if he were
the scoundre he Is believed to be the statue Of Lib