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ABDUCTION 
 
 OF 
 
 JUAN FRANCISCO REY: 
 
 NARRATIVE OF EVENTS FROM HIS OWN LIPS, 
 
 FROM 
 
 THE TIME HE LEFT HAVANA, IN COMPANY WITH VILLAVERDE AND FERNANDEZ, 
 
 UNTIL HIS RETURN TO THE UNITED STATES, EMBRACING A RELATION 
 
 OF WHAT. OCCURRED ON HIS FIRST DEPARTURE FROM HAVANA ; . 
 
 THE INTRIGUES AND VIOLENCE BY WHICH HIS ABDUCTION 
 
 AVAS ACCOMPLISHED IN NEW ORLEANS J HIS VOYAGE 
 
 BACK TO HAVANA ON THE MARY ELLEN ; HIS 
 
 IMPRISONMENT THERE, AND HIS RELEASE AND 
 
 RETURN To Till; UNITED STATES, 
 
 TOGETHER WITH 
 
 A COMPILATION OF THE TESTIMONY 
 
 IN THE 
 
 PRELIMINARY INVESTIGATION BEFORE JUDGE BRIGHT AND COMMISSIONER 
 COHEN, AND A REVIEW OF THE SAME. 
 
 COMPILED AND EDITED 
 
 BY DANIEL SCULLY 
 
 NEW ORLEANS, DECEMBER, 1849: 
 
 PRINTED FOR THE PUBLISHER AT "THE TRUE DELTA >: OFFICE, POYDR.AS ST. 
 
 Price, Twenty-five Cent:, each. 
 
S^ 
 
 w 
 
 Entered according to Act of Congress in the year 1849, by Daniel 
 Scully, in the Office of the Clerk of the Eastern District of Louisiana. 
 
 J& 
 
Prefatory. 
 
 The narrative, contained in these pages, of the Abuuctiox of Jian 
 Francisco Garcia, or — the name by which he is now universally known 
 in the United States — Juan Francisco II ey, which he assumed on his first, 
 arrival in this country, is drawn up from notes of conversations had with 
 him on the subject, six successive days, each interview being of three or 
 lour hours' duration. 
 
 The narrative form has been adopted, because of its facility in compo- 
 sition, and for the reason that it is the most agreeable to the reader, and 
 easiest understood. 
 
 11 ey, almost entirely unacquainted with the proceedings in his case, 
 further than the isolated fact of a prosecution having been instituted, and 
 ignorant of the great interest attaching to every incident connected with 
 his abduction, could not be expected to make a continuous statement him- 
 self, embracing all the facts of public concernment. It was therefore a 
 task of no little difficulty — and hence the length of time occupied — to 
 obtain from him a history in detail, without resort to what is technical I\ 
 known at the Bar as •• leading questions," which, it is obvious, it would 
 have been improper to resort, to under the circumstances. The facts de- 
 livered by him disjointed!}' have been placed consecutively, and the first 
 person singular adopted to avoid involution. The matter is thus laid 
 before the Public as it came from Key's own lips, except that condensation 
 - brought into requisition. 
 
 From the length of time allowed Rey for the recital, and the latitude 
 he had, many important matters pertinent to the great national question 
 involved in the abduction, were elicited, which would scarcely be obtained 
 in a trial of the parties accused, under a strict, application of the rules of 
 evidence. By this publication, therefore, the Public will be possessed 
 more completely of the facts than it would be even were the case to 
 come before the United States Circuit Court, which is now scarcely pro- 
 
IV. 
 
 bablc, since the United States District Attorney, constituting himself um- 
 pire between the equal divisions of the Grand Jury, has apparently 
 abandoned the prosecution. 
 
 The Editor, in his interviews with Rev, was fortunate in having the 
 assistance of Mr. William Kane Wanton of this city, an accomplished 
 linguist, who, with an intimate knowledge of the Spanish language and 
 its various dialects, had the advantage of the English being his vernacu- 
 lar ; combinations which vouch for the accuracy of the interpretation. 
 
 The fidelity of the narrative, and its coincidence with the testimony 
 
 of Rey before the Grand Jury, is attested by the fact that the District 
 
 Attorney for the United States used it, and placed it in the hands of the 
 
 Foreman, H. R. W. Hill, Esq. 
 
 DANIEL SCULLY. 
 
 New Orleans, December 17, 1849. 
 
 0li 
 
Tl IE NARRATIVE. 
 
 CHAPTER I. 
 
 Allow V ill tt rente and Fernandez to escape — Leave the Prison with,. 
 them, — Sail far the United Stales — Arrival at Apalachicola — Villa- 
 verde embarks for Savannah, and Fernandez and myself for Neiu 
 Orleans — Become acquainted with Ayala and Llorente — Leave "La 
 Corrina" and move to Morantes — Intrigues and threats of Ayala, 
 and Llorente — Visited by the Spanish Consul — Forced to go to his 
 house and sign payers — Prepare to go to Vera Cruz — Llorente con- 
 tinues his intrigues. 
 
 I was under jailer or turnkey of the Real Cared, or Royal 
 jail, in Havana, on the 31st March last, to which office I 
 had been appointed by the Junta Municipal of Havana 
 about five months before. There were two prisoners in 
 the jail, Cirillo Villaverde and Vicente Fernandez, both 
 confined in the same cell. Villaverde was charged with 
 being implicated in the plan, then supposed to be maturing 
 among the Creoles of the Island, to sever the connection 
 with Spain, and either establish an independent govern 
 merit or annex themselves to the United States of North 
 America. The accusation against Fernandez was fraudu- 
 lent bankruptcy. Having, in the discharge of my duties, 
 occasion to visit their cell that day, Fernandez spoke to me 
 of assisting them to escape, promising me protection and 
 other advantages, should I do so ; and after some conver- 
 sation on the subject I acceded to their proposition. We left 
 the prison together that night at half-past 7 o'clock, and, 
 Villaverde having separated from us in the streets, Fernan- 
 dez and I went to a certain house, where we remained 
 concealed three or four days ; Villaverde, as I understood, 
 being secreted in another part of the city. Fernandez and 
 
6 
 
 I sallied from our place of concealment on the night of the 
 4th April, and embarked on board an American vessel at 
 the wharf of San Francisco. Villaverde came on board 
 about the same time, and that night the vessel ' sailed for 
 Apalachicola, where we arrived in seven days. The third 
 day after our arrival Villaverde took passage on a steamer 
 for Savannah, and Fernandez and myself, five days later, 
 sailed for New Orleans, where we arrived safe after a 
 short passage. 
 
 For about a month after our arrival here we boarded at 
 the house of an American lady, whose name I do not re- 
 collect, on Canal Street. At the expiration of that time 
 Fernandez removed to the boarding house of Callejas on 
 Royal Street, and by his directions I went to live at "La 
 Corrina" a segar shop on St. Charles Street, kept by his 
 brother Jos6 Fernandez. There I remained until the 8th 
 of June. In the mean time I had become acquainted with 
 Jose Ramon de Ayala, who, some days before my leaving 
 there, called me out of the shop and invited me to take a 
 walk. He led me to a coffee house at the corner of St. 
 Peter and Levee Streets, and there questioned me as to 
 whether I knew where Fernandez had gone 7 It was the 
 first intimation I had heard of his having left the city, and 
 of course I answered in the negative. " I know where he 
 is gone," said Ayala, and immediately he set about asking 
 me if I did not know some persons in Havana, who assisted 
 in his escape, to whom he (Ayala) could write for money to 
 assure my silence. I replied I wished no such letters written, 
 and knew no person to whom an application of that char- 
 acter could be made. He insisted that I did know those 
 persons, and importuning me to give him their names, I 
 rid myself of him by saying I would reflect on the sub- 
 ject and give him an answer the next clay. We then 
 left the coffee house, and separated at the door, he taking 
 
7 
 the direction of the Place iV Amies, and I walking down St. 
 Peter Street. Turning' into Royal Street, I met Fulgencio 
 Llorente, who had been introduced to me some time be- 
 fore by Ayala. He addressed me abruptly : 
 
 " You are in great danger " 
 
 "Why?" said I. 
 
 •• Did you see Ayala V 
 
 "Yes." 
 
 " Well, then it is all rig-ht." 
 And with this he passed on, terminating 1 the conversation 
 as abruptly as he commenced it. Two days after I met 
 Ayala on the streets. He at once introduced the subject 
 upon which we had been last speaking-, and asked me if I 
 had brought to my recollection any of those names 1 I 
 told him I had not ; that I could not recollect any. "Well," 
 he observed, " I know the names of those who aided the 
 escape of Fernandez and Villaverde myself." I expressed 
 my surprise. He told me he had written letters, such as 
 he had spoken of, to two of those persons, and producing 
 the letters requested me to sign them, which I refused. 
 Having repeatedly declined signing them, he at last told 
 me in an ominous manner I had better do it. This brought 
 to my mind the mysterious monition of Llorente, and I 
 was reflecting upon it when Llorente himself stepped up. 
 Ayala informing him of my obstinate refusal, he joined him 
 in his importunities, and both warned me " You had better 
 sign those letters ; if you do not you will see a great deal 
 of trouble." I asked for an explanation, but they refused 
 it, and at last I entered a store with them and put my 
 name to the letters. 
 
 Thenceforth wherever I met them, together or separ- 
 ately, they advised me to leave Fernandez's store (La 
 Corrind)] they said I was running a great risk in stopping 
 there, and that before Vicente Fernandez left the city he 
 
had been heard to say it would be necessary to make away 
 with me. They alarmed my fears, and, on their sugges- 
 tion, I left u La Corrina" and went to the house of Mr. Jose 
 Morante, in the Third Municipality, to live. Shortly after 
 moving to Mr. Morante's they endeavored to persuade me 
 to change my residence again, and on one occasion Ayala. 
 showing me a key, said he had rented* a room for me, and 
 I would be safer by going to lodge in it. I did not think 
 their reasons sufficient for moving and declined their offer. 
 They likewise urged upon me to make a demand upon 
 Mr. Jose Fernandez, for five or six hundred dollars, which 
 they sought to make me believe he would be obliged to 
 pay in the absence of his brother, and this proposition I 
 also rejected, telling them that I had no claim whatever 
 upon Jose Fernandez.* 
 
 Dangers were constantly boded to me now in the con- 
 versations of Ayala and Llorente, which left me in a state 
 of perpetual alarm. My spirits gone, and a prey to melan- 
 choly, I was visited with sickness. While suffering severely 
 from my ailment, Ayala and Llorente entered my room to- 
 gether, one day. I was pleased to see them, hoping they 
 might lighten my afflictions by their sympathy, but my 
 feelings were soon changed, for scarcely had they passed 
 the threshold when they ordered me to rise and dress my- 
 self, and threatened punishment for disobedience. I told 
 them I was too sick to leave the bed, and craved them to 
 spare me. Thereupon Ayala commenced walking up and 
 down the room, drawing his coat, on the left, aside and 
 slapping his hand significantly on a dagger, he wore in the 
 waistband of his pantaloons, every time he passed me. 
 
 * It is difficult to imagine what their motive was for this suggestion, 
 unless it was to effect a complete estrangement between Hey and Jose' 
 Fernandez, by presenting to the latter an insolent demand for money from 
 the former. The subsequent course of those worthies favors the hy- 
 pothesis. 
 
9 
 Presently both left the room tog-ether, and in a few min- 
 utes Llorente returned alone. Seating- himself on a chair 
 at the head of my bed he buried his face in his hands, and 
 apparently sobbing, he observed, "Do not be astonished 
 that I give way to my feelings." A quarter, perhaps half, 
 an hour elapsed, Llorente still venting his apparent grief, 
 when a coach stopped in front of the house. Llorente in- 
 stantly rushed out, and returning told me a friend was 
 waiting to see me outside. I requested him to invite my 
 friend in. A stranger then entered in company with Ayala, 
 who, together with Llorente, introduced him as a Doctor, 
 and sat down, one at the foot of my bed and the other at 
 the head. The stranger saluted me, and looking me full 
 in the face said " I am not a Doctor, Sir — I am the Spanish 
 Consul." I replied that I had not the honor of knowing 
 him. "I do not come here," he added, "as Consul, but as 
 a good friend of yours." He then took a seat, and, as he 
 unbuttoned his frockcoat, I perceived a pistol stuck in his 
 waistband. On seating himself he again addressed me, and 
 besought me to go with him, assuring me that his mission 
 was a friendly one. I refused so long as I was only re- 
 quested, but at last Ayala rose, drew his dagger from the 
 sheath, and slapping it on the table said I should go. 
 u Come with us, if you will," joined in the Consul and Llor- 
 ente, " but if you do not we will make you." The tone 
 and manner in which these threats were uttered, were un- 
 mistakeable, and I submitted. I dressed myself, and the 
 three led me to the coach at the door, into which they 
 followed. 
 
 We were driven to a house entirely unknown to me, and 
 whore it is situated I do not now know.* On driving 
 
 * This was the Consul's house, as testified to in the examination before 
 Mm committing magistrates by Ayala and Mr Duquesne, the Con il 
 < IhanCeilor. 
 
 B 
 
10 
 up to the door I was told to get out, and was conducted 
 by them into the house. Without stopping- I was hurried 
 through a corridor, up one flight of stairs, and into a room 
 on that floor. As we passed through the corridor, Ayala 
 took a paper from his pocket and handed it to the Consul. 
 The moment we entered the room the Consul held this 
 paper towards me and told me I should sign it. I urged 
 that I did not know what it was. " That is of no conse- 
 quence to you," he answered, " sign it, Sir." I reluctantly 
 obeyed his mandate and, having- done so, was about to 
 peruse the paper, when he grasped it from my hand. 
 Ayala and Llorente then warned me never to make known 
 that I had seen the Spanish Consul ; that I should always 
 know and speak of him as a physician who had visited me, 
 and the Consul himself cautioned me never to reveal to 
 mortal aught in relation to my interview with him, or 
 that I had been at his office. I made no reply, and 
 there was a pause of some minutes. The Consul again 
 addressing me, and now in a very impressive manner, said, 
 " You may say what you please, but remember, Sir, the po- 
 lice have their eyes on you, and wherever you may utter a 
 word in relation to this matter, it will come to my ears, and 
 I tell you again beware, Sir." He next told me he wished 
 me to return to Havana, and pledged himself that nothing- 
 should happen me there, but this I refused in the most 
 positive manner. 
 
 I was then dismissed. Ayala left the house with me, 
 and accompanied me to Mr. Morante's house. There we 
 parted. I entered my room, and throwing myself on my 
 bed, was lost for hours in reflections upon the strange 
 events of that day and its antecedents. In vain I endea- 
 vored to penetrate the mystery surrounding me. I sup- 
 pose from the excitement, and the trials to which I had 
 been subjected that day, my malady became worse at 
 
u 
 
 might, and it was several days before I was able to leave 
 the house again. The next morning Mr. Morante asked 
 me who the stranger was that had visited me in his ab- 
 sence. I told him it was a Doctor. He asked me several 
 questions in relation to the object of the visit, which, as I 
 supposed he might be in league with the men I had reason 
 to believe were my enemies, I answered evasively. He at 
 last insisted upon knowing who the Doctor was, and, hav- 
 ing no excuse for denying him a direct answer, I told him 
 the Doctor was the Spanish Consul. That same day, after 
 Morante had left, Llorente again visited me. The man's 
 presence was now abhorrent to me, and, I presume, per- 
 ceiving this, he endeavored to regain my confidence. He 
 visited me every day after, while I was confined to the 
 house. He made anxious inquiries after my health, and 
 entertained me with conversation by relating such news 
 as interested me. Occasionally referring to the affair of 
 the Consul, he assured me the Consul's motives, his own 
 and Ayala's, though apparently acting with harshness, 
 were friendly ; and the act I had been compelled to exe- 
 cute would ultimately enure to my benefit. Although 
 thus reassured, and at times believing he was sincere, there 
 was yet a lurking suspicion I was the object of some dark 
 conspiracy. Perceiving this, probably either in my man- 
 ner or expression, he would tell me the Consul still kept 
 his eye on me ; that the plans he had in view for my good 
 rendered it necessary that I should remain in New Orleans, 
 and should I endeavor to follow Fernandez, who, I had 
 been informed, had gone to Vera Cruz, I would find it im- 
 possible to obtain a passport, as the Consul had cautioned 
 the Mexican Consul not to give me one. 
 
 As soon as I recovered sufficiently to Avalk out I be- 
 thought me of all that had transpired, and, satisfied that 
 evil was brooding over me, I determined upon leaving 
 
12 
 New Orleans, and escaping the toils of my enemies* 
 Where should I fly, was the next question. Should I go 
 to any other part of the United States I would be a stran- 
 ger and utterly friendless among- a people whose language 
 I neither spoke nor understood. Were I in Mexico I would 
 be in a country, the people of which were inimical to Spain, 
 and whose language was my own. I therefore determined 
 upon going there, and fixed upon Vera Cruz as the most 
 desirable place, being an important seaport, and supposing, 
 if, as had been reported to me, Fernandez was there, he 
 might assist me. This was about the 26th or 27th of June. 
 I at once communicated my design to Jose Fernandez, who 
 informed me that whenever I wished to go to Vera Cruz, 
 Mr. Louis Villerte, the agent of his brother, Vicente Fer- 
 nandez, would advance me a sum sufficient for my expen- 
 ses. Two or three days after, I went alone to the Mexi- 
 can Consul's office, and, bearing in mind the information of 
 Llorente that the Spanish Consul had taken precautions 
 to close this avenue against me, I asked for a passport in 
 the name of Francisco Jimenez, which was promptly fur- 
 nished, and I paid two dollars for it, out of the little stock 
 of money I had. It was my wish to go to Vera Cruz in 
 the British steamer, but not knowing what day she would 
 arrive at Mobile I thought it preferable to go direct in a 
 sailing vessel from this port. I communicated my inten- 
 tion to Mr. Yeoward, the clerk of Jose Fernandez, and he 
 undertook to negotiate for my passage. The next day 
 Mr. Yeoward informed me the brig Titi was up for Vera 
 Cruz, and he would secure a berth on her. Matters thus 
 stood until the 5th July, Mr. Yeoward stating to me, in the 
 intermediate time, that he was endeavoring to cheapen 
 the price of passage : forty dollars being asked, and he 
 believing he could get it for thirty. 
 
 Pending this negotiation my desire to leave was stimu- 
 
13 
 lated by a conversation I bad with Llorente. Standing- at 
 the door of Mr. Morante's chocolate shop, Llorente ap- 
 proached me and signified that he wished to speak with 
 me. I told him to go on. " Not here," said he, " come to 
 the corner.''' I did so, and we entered the Cosmopolitan 
 coffee house at the corner of Conde and St. Ann Streets, a 
 few doors from the chocolate shop. Leading- me away 
 from the people in the coffee house, he told me there was 
 a writ of arrest out against me. 
 
 "What for V I asked. 
 
 " I believe they are going to send you to Havana." 
 
 " Who is o-oino- to send me there V 
 
 " I believe the Spanish Consul." 
 
 " For what reason ?" 
 
 "Because if he can get you back to Havana he, no 
 doubt, will obtain a Cross of Honor. Now, you accompa- 
 ny me whenever you go abroad. I have the writ" — and 
 he took a paper from his pocket, which he exhibited to 
 me, but I did not understand the language — " I have the 
 writ," he continued ; " as long as it is in my possesion you 
 are safe, and, as I know all the authorities in the city, no 
 harm shall come to you." 
 
 He then advised me to go to the Consul's house, and 
 see him in regard to the matter. I became angry at such 
 a proposition, after his telling me the course the Consul 
 was pursuing towards me, and expressed my indignation 
 freely. "I make the sugestion," said he, " because I know 
 the Consul has received a letter, favorable to your inte- 
 rests, from the Captain General, and I am sure if you call 
 on him he will convince you of your error in refusing to 
 return." I replied that I had no favors to ask either of the 
 Consul or the Captain General, and had not the remotest 
 idea of going back to Cuba. Stepping into the street, as 
 we approached the chocolate shop, he enjoined upon me 
 
14 
 to place no confidence in any one but himself, "for yoil 
 know I am your friend, and do not mention a word of what 
 we have been speaking- about to Morante, because he is a 
 man of evil disposition and may do us harm." With this 
 he left me and I returned to the chocolate shop. This was 
 early on the morning- of the 3d July. The next day he 
 called on me again, and taking- me out of the shop he re- 
 newed the conversation on the subject of visiting- the Con- 
 sul. Finding- me much displeased with his pertinacity we 
 separated, not however, without a renewal on his part of 
 friendly assurances, and again claiming- for the Consul 
 the best motives in all his actions concerning- me. As we 
 were about to part he laid his hand on his heart and pledged 
 his word of honor that if I returned to Havana nothing- 
 would be done to me. Firmly refusing- to be guided by 
 him in this matter, he dropped the subject and asked me 
 where I intended going 1 I said I did -not know. " Look 
 well to it," he then advised me ; " the Consul has learned 
 you intend going to Vera Cruz, and he is enraged." I de- 
 clared I had no such intention, although I had my pass- 
 port in my pocket at the time, and added that if I left 
 New Orleans I should g-o to Lima. 
 
 CHAPTER II. 
 
 The eventful 5th of July — Dine with Llorente, and a stranger — Llo- 
 rcnte insists upon accompanying me home — Walk along the Levee — 
 The Trap — Seized by several men and carried on board the Mary 
 Ellen — The schooner sails — The abduction consummated — Attempts 
 to escape — The voyage to Havana. 
 
 On the evening of the 5th July, about 5 or half-past 5 
 o'clock, Llorente came to the chocolate shop of Mr. Mo- 
 rante, where I had been since morning, and asked m'e to 
 take a walk. I pleaded fatigue as an apology for declin- 
 ing. "Well," said he, "at all events you can dine with me." 
 
15 
 1 begged to be excused also from this; as I invariably ate 
 at Mr. Morante's house, and was indisposed to eat else- 
 where. Urging- me with much apparent warmth of friend- 
 ship I consented, and accompanied him to a sumptuously 
 furnished restaurant on St. Peter Street, fronting- the Place 
 (V Armcs. * On entering- the establishment we seated our- 
 selves at a table, and as we took our seats a gentleman 
 with moustaches approached us and saluted Llorente. A 
 few words having- passed between them in French, he 
 asked me in the same tong-ue if I spoke the language 
 (Parlcz vous Francais?) I answered him in the neg-ative. 
 He took his seat at the table and dined with us. The din- 
 ner was a capital one and Llorente seemed bent on his ut- 
 most to please me. His conversation was principally di- 
 rected to the stranger, to whom he spoke in French, which 
 I neither spoke nor understood. He frequently pressed 
 me to drink wine, but fearful of becoming intoxicated I al- 
 ways objected, and limited my indulgence to a glass of 
 claret and water. Dinner over, the stranger left us, as I 
 thought, very discourteously, without the usual kind ex- 
 pression at the parting of friends. After he left I asked 
 Llorente who he was. "Without telling me his name, he 
 cautioned me to be prudent in speaking to him. This I 
 observed was unnecessary as I spoke no French, and I 
 supposed he did not speak Spanish. Llorente answering 
 that was very true, added that we would have to await the 
 return of our late companion, as he was gone in search of 
 intelligence interesting to us both, and would be back at 7 
 o'clock. We waited until the Cathedral clock struck that 
 hour, and no one appearing we remained half an hour later. 
 I now told Llorente I could wait no longer and would go 
 home. We started, and, on reaching Royal Street, Llorente 
 
 * Victor's Restaurant, as was proved by witnesses, who had seen Mo- 
 rante and Ayala together there, on the evening of the 5th July. 
 
16 
 invited me into a house opposite the garden, in the rear of 
 the Cathedral to pay a visit, and, after some conversation 
 with the lady of the house, who spoke Spanish, and a 
 gentleman named Mimoz, we made our adieus. Passing- 
 out through the hall, we met Madam Llorente, whom I 
 had seen before at Calleja's. We exchanged some plea- 
 santries on my wearing spectacles, which I had done since 
 my illness, in consequence of my eyes having become weak, 
 and after a few minutes conversation Llorente bade her 
 good bye, telling her he was going to accompany me in a 
 walk. As we reached the street, I intimated to him that 
 I was going directly home and it was unnecessary for him 
 to walk so far. He politely offered to accompany me, 
 complimenting me upon the pleasure my society afforded 
 him, and suggesting at the same time that the evening was 
 delightful and the most agreeable road to Mr. Morante's 
 house would be along the Levee. Directing our steps to 
 the Levee, we strolled down the river side until we came 
 to a coffee-house, in front of which we met our dinner com- 
 panion, who, speaking now in imperfect Spanish expressed 
 himself delighted at meeting us, and invited us to take a 
 drink with him. We entered the coffee-house, and being 
 asked what I would take I called for lemonade. Llorente 
 asked me what I' would have in it? I answered whatever 
 he thought best. He spoke then to the bar-keeper who pro- 
 duced a bottle, and Llorente taking it and pouring a quan- 
 tity of it into my lemonade said " This is the bottle from 
 which I usually take my drink." While we were drinking, 
 a conversation was kept up in English between our mous- 
 tached friend and another man who stood in the door, 
 with a beard under his chin, who wore a white hat, during 
 which the latter frequently pointed to the interior of the 
 coffee-house. Having all left the coffee-house, when about 
 eight or ten steps from the door, in the direction of the 
 
17 
 Levee, towards which Llorente was Leading me, I asked 
 where he was taking- me to, and, receiving- no answer, I 
 wheeled about to return to the side walk and find my 
 way home. Just as I turned my back to the Levee, a man 
 wearing- a light summer coat, cottonade pantaloons and a 
 white hat, seized me with a powerful grasp by the arm. 
 Crying- out to the "traitors" (traidores) not to molest me, I 
 suddenly wrenched my arm from the man's grasp, and as 
 I made an effort to escape I heard a voice in Spanish speak- 
 ing from the coffee-house door say: "Put the rascal on 
 board; the Stars of the American Flag are of no use to him 
 now."* On the instant five men took hold of me, by the 
 legs, body and arms — one of whom, who held my right 
 arm, gagged me, by clapping his hand on my mouth, when 
 I cried for assistance. I was borne in this way across the 
 Levee and along the wharf, and was pitched on board a 
 vessel lying at the pier head. When I got up my first im- 
 pulse was to jump ashore and I was about to make the 
 leap, when I was seized by two men, who I subsequently 
 found to be the Steward, called Domingo, and one of the 
 crew, and forced by them down into the Cabin. As they 
 pushed me down the booby hatch the vessel was cast off 
 and floated into the stream. 
 
 In a moment I seized the whole truth. Every scheme 
 and wile of my enemies was laid bare. I was the dupe of 
 Ayala and Llorente. Through their instrumentality, under 
 the direction of the Consul, I was a victim about to be of- 
 fered to the vengeance of the Captain General of Cuba. 
 Were there yet no means of escape 1 Death was certain 
 if I went on that vessel. I was an expert swimmer — I de- 
 termined to try my powers in the element that separated 
 me from life and liberty — I was stripping myself and had 
 taken off my coat and waistcoat, when two men walked 
 
 ■■"' This is a literal translation of the words as repeated by Rev. 
 C 
 
18 
 into the Cabin. " What" said one of them, whom I after- 
 wards found to be Captain McConnell, the master of the 
 vessel, " are you going to throw yourself overboard !" I 
 said I was not, that I was very sick and wished to go on 
 deck and cool myself. I went on deck, the two ascending 
 the ladder after me. My thoughts bent on escape I sur- 
 veyed the scene, and alas ! desperate as was my situation, 
 I shrunk from the attempt. We were in the middle of the 
 river, in the rear of a Steamer, which was towing two 
 other vessels — one on each side — and ourselves some dis- 
 tance astern ; the night had become intensely dark ; nothing 
 was to be seen of the shore, but the many lights of the re- 
 ceding city, now far behind us, and the hazard was more 
 frightful as I knew full well the terrific force of the current 
 I would brave. Thus I abandoned what I then deemed 
 my last hope of returning to New Orleans. Soon I was 
 attacked with vomiting and vertigo, and an unaccountable 
 stupor came over me. Returning to the cabin, I was again 
 followed by the Captain and his companion, the former of 
 whom pointed out my berth and I undressed and laid down. 
 Finding the oppressive heat aggravated my sickness I 
 rose in about ten minutes and found Captain McConnell 
 and his companion seated opposite each other at the table, 
 conversing in English. Addressing myself to the Captain 
 I asked him if he was the master of the vessel. Receiving 
 an answer in the affirmative I desired to know if the Span- 
 ish Consul had been on board. He said the Consul was 
 on board about 7 o'clock that evening. I was now con- 
 firmed in all my suspicions. I was the victim of the Con- 
 sul's wiles. He had superintended my abduction, up to 
 the very last moment. It was the Consul who was in the 
 back room of the coffee-house, when in the conversation 
 with the individual who had dined with Llorente and my- 
 self the man standing at the street door pointed to the rear 
 
19 
 
 of the building- ; it. was the Consul, who, standing in the 
 same door, a minute after ordered the ruffians to seize me, 
 and proclaimed the American flag was no longer my pro- 
 tection. 
 
 I resumed my queries to the captain : 
 
 " Have you any documents for the Captain General 1" 
 
 " No, but I have letters for his Secretary." 
 
 " Have you received a passport for me ?" 
 
 "No." 
 
 u Where are we going to V 
 
 u To Havana." 
 
 "I will give you thirty doubloons if you will put me 
 ashore and let me return to New Orleans." 
 
 " Have you any money V 
 
 " I have." 
 
 " It cannot be done." 
 
 "Why?" 
 
 "Well I can't tell you. If I do it I shall get into a 
 scrape with them. [Porquc rucjoderan a rm*~\ 
 
 " How will you get into a scrape V 
 
 He turned on his heel and walked off without answer- 
 ing this question. I returned to my berth and laid there 
 until morning, when, being much better, I went on deck. 
 The sea was before us. We were at the mouth of the 
 river. A boat, pulled by several* oars, put off from the 
 shore, and putting a man on board dropped astern, and as 
 our sails were unfurled she was towed in our wake. The 
 man who boarded us immediately took charge of the vessel, 
 and by this I knew him to be a pilot. When the vessel 
 got under a fair headway we were called to breakfast, 
 and the captain, the chief mate, the man whom I have 
 
 frequently spoken of as the companion of the captain, 
 
 i 
 
 * This does not admit of a literal translation. Its disgusting obscenity 
 forbids it. The idea is conveyed however. 
 
20 
 who in the course of the voyage I saw was a passenger, 
 and heard him called Robinson — these and myself descend- 
 ed to the cabin, leaving the pilot to direct the schooner. 
 I ate very little, my stomach being weak and disordered, 
 and during the meal not a word was addressed to me. 
 Thus I was permitted without interruption to meditate 
 upon another scheme for escape, which had suggested it- 
 self This was to jump into the pilot's boat as soon as it 
 came alongside and appeal to him for protection by my ac- 
 tions, if he could not comprehend my language. When 
 we returned to the deck I eagerly sought an opportunity 
 for a moment's conversation with the pilot, apart from the 
 officers, intending, if he understood Spanish, to disclose 
 my situation to him. This was denied me, for the 
 captain engrossed his attention from the moment we 
 stepped on deck, until the pilot made signals for the men 
 in the boat to haul alongside. As they were doing this I 
 prepared to jump in the boat when the pilot got in, and she 
 was cast off. In order that if the attempt were made to 
 detain me, there might be as little as possible on my per- 
 son to hold by, and with the view of being incumbered as 
 lightly as the occasion would possibly admit, should I fall 
 into the river in the struggle I anticipated, I carelessly 
 took off my coat and laid it down. The captain, appar- 
 ently penetrating my design, perhaps from my eyes being 
 too intently fixed on the boat, approached, and with a 
 scowl on his face ordered me below. I obeyed, and as I 
 slowly and reluctantly stepped down the companion way 
 I saw the pilot leave the vessel, and his boat drop astern. 
 We* were now at sea. In twelve days we were in sight 
 of the Moro Castle. Nothing of consequence occurred 
 during the voyage. The only persons on board I found, 
 who could converse in Spanish, were the captain and the 
 steward Domingo, the former of whom was sullen and 
 
21 
 Kiorose to mo, and the latter I could have no association 
 with, since I knew lie was one of the two who prevented 
 nic from jumping ashore when the schooner was leavino- 
 the wharf. I therefore was very little on deck. I suffer- 
 ed greatly, too, for the want of clothes, and the only change 
 I had during" the passage was an old cotton shirt, the cap- 
 tain ordered the cook to give me. Occasionally, the 
 captain indulged me in the luxury of a segar, but frequently 
 admonished me to smoke lightly, as he had only a few in 
 his locker. 
 
 On the 18th July we hove in sight of the celebrated 
 Moro. As we neared it I asked Captain McConnell if he 
 intended taking me back to New Orleans. " Go down into 
 the cabin," said he, " and don't let them see you" — at the 
 same time waiving his hand in a manner indicating he 
 wished no farther conversation. Supposing that he refer- 
 red to the authorities of the Island, in speaking of " them," 
 1 kept myself, as he directed, closely conf"^d to the cabin, 
 while in quarantine on board the Mary Ellen, and never 
 went on deck except at night. 
 
 CHAPTER III. 
 
 Transferred to the Andreio Ring — Visit from the Port Captain — 
 Warnings from a Spanish Naval Officer — Communication from 
 the Captain General, v:ith orders to tvrite a letter to the Spanish, 
 Consul — Visit from the American Consid — Ordered ashore — Taken 
 before the Captain General — Imprisoned in the Real Carcel — Com- 
 municate with my friends from the Prison — Interviews with the 
 Captain General — The American Consul interferes in my behalf — 
 Release from Prison — Return to the United States. 
 
 After being six days in quarantine, the Mary Ellen sailed 
 for New Orleans. As they were heaving the anchor, Capt. 
 McConnell observed, "they are coming for you," and 
 casting my eyes in the direction he was gazing I saw a 
 
22 
 boat in the distance, rowing" towards us. " Dress yourself,'* 
 he added, and " get ready ; you see now I cannot take you 
 back to New Orleans." I had cherished hopes from his 
 telling- me to keep the cabin, that he purposed concealing 
 my presence from the authorities, and bringing- me back to 
 New Orleans, but his words drove me back into despair. 
 Incensed at his trifling- with my feeling-s by his vag-ue 
 speeches, I charg-ed him " how can you take me back, when 
 you first boug-ht me and have now sold me V He repeated 
 the order to g-o down and g-et myself ready. I went 
 below, and as I had no clothing- other than was on me, my 
 preparations were completed, when I had washed myself. 
 On reaching- the deck again the boat of the schooner was 
 along-side, and I was ordered by the captain to g-o into it. 
 I obeyed in silence, and was rowed by one of the crew 
 called John and the second mate, to an American brig- lying 
 at anchor, in quarantine, four or five hundred yards from 
 the Mary Ellen. 
 
 About ten minutes after I was put on board the brig - , 
 the boat which I have already spoken of, as having seen in 
 the distance, came alongside, and a person who appeared 
 to command came aboard. He asked me my name. I in- 
 formed him it was Juan Francisco Garcia y Rey. No 
 other question being asked, our visitor was about to return 
 to his boat, when I took the liberty of asking him to take 
 a letter to a friend, who I hoped would cause some clothes 
 and segars to be sent to me, and at the same time I com- 
 municated to the commander the distress I was in for the 
 want of clean garments. Without answering me, he spoke 
 in English to the captain of the brig, and, as I supposed 
 from his gestures I was the subject of his conversation, I 
 asked him if he had been giving- any instructions to the 
 captain in relation to me, He said he had instructed the 
 captain not to let any communication of mine go ashore 
 
23 
 unless taken in his (the commander's) boat, as the quaran- 
 tine regulations required that all letters sent from vessels 
 from the United States should, before being- sent to the city, 
 be sprinkled with chloruro. I then hastened down into 
 the cabin and scratched a few hurried lines to an acquaint- 
 ance, Don Juan San Juan, at the rail road depot, begging 
 him to see a friend in Havana, and ask him to send me 
 some clothing- and segars. The commander waited until 
 I delivered the letter to him and then put off in his boat. 
 
 On the 24th July I was sent aboard this vessel. I found 
 my situatian perhaps even more irksome and disagree- 
 able than on the Mary Ellen, for, although I could have 
 no objection to my fare or treatment, there was not a 
 soul on board who understood a word of Spanish, and I 
 was entirely shut up in myself. On the 26th, while sit- 
 ting aft on the taffrail watching the movements of a boat 
 in which an officer with a brilliant uniform was seated, the 
 boat approached the brig, and passing close under the 
 stern, the officer addressed me. 
 
 " By order of the Captain General you will take good 
 care not to reveal a word of what you know, and say 
 nothing about your being taken away by force from New 
 Orleans." 
 
 " What is the matter %"■ 
 
 " Nothing. Nothing will be done to you if you do not 
 reveal anything." 
 
 He then passed off, and returned to the shore. During 
 our brief conversation I observed he was a naval officer, 
 and wore two epaulettes, indicating that he held the rank 
 of captain. 
 
 The same afternoon the government boat with the same 
 commander who visited me the first day I was on board, 
 and who I learned was the Port Captain, came alongside, 
 and handed me a letter addressed to Pedro Murga y Ro- 
 
24 
 meo sea Juan Garcia ; informed me it was from the Politi 
 cal Secretary,* and that the instructions contained in it 
 must be instantly obeyed. I read it. It was afterwards 
 taken from me, and I therefore cannot give a literal copy, 
 but its contents were substantially as follows : 
 
 " Write without a moment's delay to the Spanish Consul 
 in New Orleans, intimating- to him that your voyage to 
 Havana was voluntary, for it will be better for you and for 
 him to say so. Enclosed you will find a draught of the 
 letter as you are to write it. Address it to the Spanish 
 Consul, and I will forward it. As to your clothes (they 
 had opened my letter I saw by this), when you come on 
 shore you will know where they are. You have but a 
 few days longer to remain in quarantine." 
 
 This communication was signed " By order of the Cap- 
 tain General — Crispen Ximenez Sandoval." I perused the 
 letter several times, and was at a loss to know what to do. 
 While revolving the matter in my mind the Port Captain 
 manifested some impatience, and at last signified that he 
 wished me to go into the cabin with him. Before going 
 down he spoke to some one of the crew in English, who fol- 
 lowed us- down with pen, ink and paper. As he laid the 
 writing materials on the table the Port Captain assuming 
 an imperious manner, ordered me to copy the draft en- 
 closed in Senor Sandoval's letter, and to set about it at 
 once. I copied the draft as instructed, and having ad-, 
 dressed the letter to the Consul, delivered it to the Port 
 Captain,! who returned to his boat, and was rowed ashore. 
 
 On the afternoon of the 27th the government boat came 
 
 * Crispen Ximenez Sandoval. 
 
 f The letter written by Hey was offered in testimony by the defence, 
 during the investigation before Judge Bright and Commissioner Cohen, 
 but was ruled out because the statements in it were not sworn to, and 
 because no witness could be procured who would testify it was Key's 
 writing. 
 
25 
 out again, in company with another boat pulled by five 
 oars, in the stern sheets of which sat an elderly gentleman 
 and a young- man. Both boats being- brought to alongside 
 the young 1 man rose and interrogated me as nearly as fol- 
 lows as I can recollect : 
 
 -' Is your name Juan Garcia Rey ?" 
 
 " It is Juan Garcia." 
 
 '• Were you the turnkey of the jail V 
 
 " I was." 
 
 " Do you wish to return to the United States T 
 
 " No." 
 
 The young- man was apparently about to address ano- 
 ther question to me, when the Port Captain said, " Mr. 
 Consul, you have no authority to put the questiohs you 
 are asking that man." Nothing more was said to me. In 
 a few seconds the boats were off. It flashed upon me that 
 the elderly gentleman in the strange boat was the Ameri- 
 can Consul ; that the young man who interrogated me was 
 his secretary, and that the Consul came prepared to offer 
 me his protection if I had unbosomed myself to him. I 
 cursed my stupidity, but what could I have done 7 I did 
 not suppose I was in the presence of the American Consul 
 until the interview was closed, and, even if I did, there was 
 the Captain of the Port during the whole time, directly 
 under me, and ever and anon looking at me with a porten- 
 tious frown, reminding me of the warnings I had received 
 to be silent in relation to my abduction. As the boats left 
 the Consul's was some twenty or thirty yards behind the 
 other, and at every opportunity, when I thought those in 
 the leading boat were not looking at me, I made signs to 
 him to return, but, I suppose, no one observing me, they 
 passed unnoticed. 
 
 I had been for some time almost indifferent to my fate. 
 An uninterrupted contemplation of the darkest side of the 
 
 D 
 
26 
 prospect had prepared me for the worst, but now I saw 
 that there were those who had interested themselves in 
 me, and the reflection that it was only my own want of 
 nerve and presence of mind that stood in my way when 
 there was a chance for escape, nearly set me mad. I went 
 below, however, and addressed a letter to the Consul, 
 briefly informing- him that I had been taken forcibly from 
 New Orleans, and explaining- the reasons I had denied 
 wishing- to return to the United States. This I determin- 
 ed, if no other opportunity offered, to give to the Port 
 Captain when he next visited the brig-, for although there 
 was scarcely a hope it would ever reach the Consul, it 
 was my last resort. I dated this letter "On board the 
 Terrible," because I took that to be the name of the ves- 
 sel from seeing- an engraving 1 of a brig- in a storm, under 
 which was inscribed the word " Terrible," suspended in 
 the cabin* 
 
 During- the night I had a nervous attack, that com- 
 pletely prostrated me, and although somewhat better 
 
 *Here is the letter Rey wrote on this occasion. A copy of it was 
 transmitted to the United States by General Campbell, the American Con- 
 sul at Havana, and has been published in the newspapers : 
 
 " Senor Consul of the United States, I am called Juan Garcia Rey. I 
 was forced by the Spanish Consul from New Orleans. I seek refuge under 
 the American flag, and wish again to return to the United States. 
 
 "JUAN GARCIA. 
 
 "Onboard the Terrible, July 27th, 1849. 
 
 "P. S. I have come by force, »the Spanish Consul having taken me on 
 a false order from the Recorder of the Second Municipality, and forcibly 
 shipped me at nine o'clock at night, taken me from the house of Don Jose 
 Morante. For this reason I desire you to be my protector and send me 
 back again, for if you don't they will shoot me. 
 
 "JUAN GARCIA REY. 
 
 " On board of the Terrible. 
 
 " I did not speak frarikly to you because the Captain of the Port was 
 
 present. 
 
 "(A true copy) EL CONDE DE ALCOY." 
 
27 
 
 the next morning, and able to go on deck, I was not entirely com- 
 posed until the following night. While I was suffering under this attack, 
 the captain of the brig was assiduous in his attentions, and his kindli- 
 ness of manner did much to restore me to my usual health. The next 
 morning as the Captain of the Port was passing, I hailed him and 
 delivered into his hands the letter I had written to the American Consul. 
 
 The morning after the American Consul 's visit a friend passed near the 
 bri°* in a boat, and as he rowed by, speaking to me, he said I had done 
 wrong in not accepting the offer of the American Consul, and that when 
 I got ashore I would fare very badly. That or the next day I wrote an- 
 other letter to the American Consul, determined to keep it about my per- 
 son, prepared to take advantage of the first favorable opportunity to put it 
 in the hands of some person who there was a probability would deliver it. 
 
 On the morning of the 30th July, about 7 o'clock, the government boat 
 again visited us, in company with another boat, in the former of which 
 was the naval captain I have already spoken of and in the latter a Teni- 
 c?itc Comisario "Gobicrno (Lieutenant of the Government police,) who in 
 coming aboard showed me an order from the Political Secretary, Senor 
 Sandoval, ordering me to go ashore with the lieutenant and accompany 
 him to the Captain General. I was yet under the American flag, and 
 though respect for it had failed to protect me from violence and outrage, I 
 still clung to it with a lingering hope that delay might bring relief. I re- 
 fused to obey the order, urging my unfitness to appear in the presence of 
 the Captain General, so disgustingly offensive as I was then attired. The 
 naval officer observed :: <' But the brig is about to obtain pratique* and 
 you cannot remain on board." ^positively refused to leave the vessel un- 
 til supplied with clothes, and retreated to the cabin. The Commander 
 and the lieutenant followed me. Both urged me to go on shore, with 
 assurances that I was only required to go before the Captain General and 
 would be liberated immediately after. I was uselessly putting myself in 
 the lion's mouth, they added, by refusing, for, most assuredly, if I persisted 
 I would bring upon myself the vengeance of the Captain General. I con- 
 sented to go, and was again cautioned to keep my lips sealed in relation to 
 my affair, should I meet any acquaintances in passing through the city 
 I went into the lieutenant's boat, and we landed at Pattla's wharf, leavku; 
 the Government boat at the quarantine anchorage. On the way the lieu 
 tenant amiably communicated to me " They are afraid of you here, be 
 cause they imagine you are under the protection of the American flag. 
 
 Shortly after leaving the wharf, in company with the lieutenant, I ob 
 served a friend, in whose fidelity I had reason to place unbounded confi- 
 dence, lingering behind us, I made a signal with my hand, behind my 
 
 Permission lo hold intercourse with the inhabitants of Havana. 
 
28 
 
 back, for him to approach, and as he did so I drew from my waistband, tffl- 
 perceived by my companion, the last letter I had written to the Consul. 
 My friend brushed by us, I held the letter to him ; he seized it, thrust it in 
 his pocket and passed on, without appearing to recognize me.* After par- 
 taking of some refreshment in a Cafe, the lieutenant conducted me to a 
 volante, in which we were driven to the Quintet, de los Molhios, the 
 country residence of the Captain General, a short distance from the city. 
 
 We arrived at the Quinta, about half-past 7 or 8 o'clock. My arrival 
 was announced, and orders were at once given to admit me. The 
 Tcnicnte and myself were ushered into the hall where I found a gentle- 
 man dressed in civilian's clothes. Hearing the lieutenant address this 
 personage as His Excellency, apprised me that I was in the presence of 
 the Captain General. He opened on me as an inquisitor : 
 
 "Are you Garcia?" 
 
 " I am, your Excellency." 
 
 " When this occurrence took place," (referring, I supposed, to the es- 
 cape of the prisoners,) " why did you not communicate it to me, for then 
 you would not have got into any difficulty ?" 
 
 " I did not communicate it to your Excellency, because I was taken to 
 a. house I did not know, which I could not, and did not leave until the 
 evenin°' we went, on board the vessel and sailed for New Orleans." 
 
 He then gave instructions to send for Gallono, the Asseso?;f and the 
 notary, both of whom shortly after entered, and the examination was re- 
 sumed, the notary recording my answers : 
 
 " How did the escape of Villaverde and Fernandez take place ?" 
 
 " I let them out of the prison to take grwalk." 
 
 " Do you know who the persons, were implicated in their escape V 
 
 " No one, but myself, for no other person was connected with it." 
 
 " How did you go through the streets when you left the prison 1" 
 
 " We walked together arm in arm." 
 
 " What street did you take ?" 
 
 :i La Calzada de San Lazaro." 
 
 * This letter the Consul received directly, without its having passed through the hands of the Cuban 
 authorities. 'With the exception of the reports received by the Consul through the New Orleans papers, 
 which he looked upon as unfounded, after his interviewon with Rey at the Andrew Ring, this was the 
 first information he had received in relation to the abduction. Upon this letter the consul based his 
 correspondence with the captain general, which ultimately terminated in the release of Rey, after the 
 consul had been refused an interview with him, in a most insolent note from the captain general, and 
 not until, if letters from Havana may be credited, the captain general received despatches from the Span- 
 ish Ambassador at Washington, informing him of the intense excitement the affair had created in the 
 United States, and in view of the probable consequences, should the surrender of Rey to the demand of 
 'he Americans be refused, advised his Excellency to give Rey his liberty. 
 
 t The Government lawyer, whose duty assimilates to that of a prosecuting attorney with us. and who 
 ; s allowed to sit on the Bench with the Judge. 
 
29 
 
 " Did the prisoners attack you with arms, in order to effect their 
 escape '.'" 
 
 " They menaced me, and I was threatened with a dirk." 
 
 " Was it the prisoners or some other persons, who thus attacked you?" 
 
 " The prisoners menaced me first, and then some other person unknown 
 to me, commanded me, with a dirk in his hand." 
 
 " When they escaped did you remain with that unknown person?" 
 
 " Yes, he conducted me to the house, where, in company with Fernan- 
 dez, I remained four days, but I knew neither the house, nor any body in 
 it, except Fernandez." 
 
 " What sum of money did they give you ?" 
 
 "They gave me nothing." 
 
 " During the time you were in that house, did they not offer you 
 money ?" 
 
 " They promised me $12,000." 
 
 " Did you not know what causes were pending against Villaverde and 
 Fernandez ?" 
 
 " I did not." 
 
 " Do you know nothing more of this matter than what you have related?' 
 
 " I do not." 
 
 " Do you know the Seiiora de Blanco ?"* 
 
 " I have only seen her once ; that was at night, and I cannot say that 
 I know her." 
 
 " Where did you see her ?" 
 
 " I saw her in the Calzadoj (very wide street) dc Velasquin, in com- 
 pany with Fernandez." , 
 
 " Do you know Don Juan de Escauriza ?" 
 
 " No." 
 
 " Did the keeper of the prison have any hand in this escape ?" 
 
 " He had not." 
 
 It is needless to say, my position being understood, that all I had said 
 was not true. I, of course, endeavored to save myself, and at the same 
 time studiously avoided compromising the friends of Villaverde and Fer- 
 nandez. An order was then written by Gallano, to confine me in the 
 Real Carcel, of which I was formerly the under keeper. The order, 
 which was- read to me, directed that I should be placed in a cell and not 
 allowed to communicate with anybody. 
 
 The same Lieutenant of police conducted me to the prison, and on 
 arriving there I was put in a cell about three feet and a half wide, and 
 twelve feet long, in which I found nothing but a few boards on the stone 
 
 * The lady of Fernandez's uncle, the head of Ihe house of Blanco &: Co., of which firm Fernandez was 
 a member. 
 
30 
 
 floor, for my bed, a bueket of water and a barrel for vulgar uses. As the 
 turnkey showed me into the cell, I requested that some one of the 
 prisoners might be allowed to keep me company and relieve the 
 monotony of confinement. He said he would speak to the keeper and 
 the same day a negro of very offensive person and insulting demeanor, 
 with scarcely a rag to cover his nakedness was put in the cell with me. 
 He remained a few days and was then removed to another part of the 
 prison. I remained in the cell untill the 6th of August, seven days, with- 
 out anything of interest occurring. No change of clothing had yet been 
 given to me. I was in the filthiest condition, and my food was always 
 boiled rice or red beans, a dish of either of which was served to me in 
 silence, twice a day, together with a small piece of stale bread only fit for 
 the dogs, {tin pan que dan a los perros.) I was not, however, entirely 
 without solace. On the fifth or sixth day of my imprisonment, a person, 
 who is privileged to visit the prisoners at certain periods,* privately cau- 
 ioned me if a loaf of bread were sent me to be careful not to break it. It 
 had some satisfaction in dwelling on this. 
 
 On the morning of the 6th of August, I was again summoned to ap- 
 pear before the Captain General, and on arriving at the outer door, I found 
 a corporal and four soldiers with fixed bayonets waiting to escort me. We 
 proceeded to the Quinta or foot, the keeper of the prison accompanying 
 me. I was ushered in to the same Audience Hall in which I was first 
 introduced to the Captain General. Handing me a letter, which I ex* 
 amined, he asked : 
 
 " Do you recognize this letter, which you wrote to the American Con- 
 sul ? " • 
 
 "I do, your Excellency." 
 
 "Are you mad to write such things to the American Consul? With 
 what object did you write to him?" 
 
 "In order that he might send me back to the United States." 
 
 " Then, even in my presence you will also say you want to return to 
 the United States?" 
 
 I made no answer. During the brief silence that followed, Gallano and 
 the Notary entered, and the latter took me into another room, leaving the 
 Captain General and Gallano in the Hall. In a few minutes we returned, 
 and the Captain General retiring, observed, " Gallano you will continue 
 these proceedings and if any difficulty arises send for me." Returning 
 abruptly, he said to me, " ah, you have a letter from Senor Sandoval, 
 written when you were in quarantine; let me see it." I drew the letter 
 from my pocket and presented it to him. He read it, thrust it in his bosom, 
 
 * Rey does not wish to be more definite in regard to who this person is, lest the Cuban authorities 
 might jjimUh the individual. 
 
31 
 
 and was walking out of llic hall, when I suggests to him that I ought to 
 be permitted to keep lhat letter. Wheeling round, with a frown on his 
 face, «' What!" said he, " No Sir, I shall keep this letter." 
 
 He then left the hall, and Gallano took up the examination. 
 
 "Have you written this letter (the letter to the American Consul) from 
 fear of your personal safety, or from the fear of any other proceedings 
 against you V 
 
 " I wrote it because an individual, in passing the vessel I was last on in 
 quarantine said I had done very wrong in not accepting the offer of the 
 American Consul, and warned me when I got ashore I would fare very 
 badly." 
 
 " Who was that individual 1 " 
 
 " I do not know." 
 
 No more questions being put to me I asked whether I could not be per- 
 mitted to see the Captain General, Gallano desired to know what I wished 
 to see him for. "That," I said, "I shall tell him myself." He left the 
 hall, and in a very short time the Captain General returned with him. 
 Winking at Gallano the Captain General said to him, in a contemptuous 
 tone, "What does he want, Gallano?" "I do not know, I am sure," 
 was the reply; "he must tell your Excellency himself." Then addressing 
 the Captain General I expressed a hope that his Excellency w T ould allow 
 me to have communication with my friends from the jail. " Well," said 
 he, "we will see about that," and turning to Gallano and again winking 
 at him, added, "what do you think of it, Gallano 1 " "That," replied 
 Gallano, " will be as your Excellency pleases; but for my part I should 
 not allow it." His Excellency addressing me said: 
 
 "You see, Garcia, it cannot be done. You will now be taken to the 
 Castillo del Principe."* 
 
 "I would prefer, your Excellency, if I am allowed a choice, being re- 
 turned to the Real Carcel.". 
 
 " Well, we will send you back to the Real Carcel, but you are not to 
 hold communication with anybody. Before you go I want to know from 
 you again why you wrote that letter to the American Consul 1 " 
 
 "Because, your Excellency, I wished to be sent back to the United 
 States." 
 
 " Then, if the American Consul were here now would you repeat the 
 same thing to him, would you 1 " • 
 
 I was silent, and he continued : 
 
 "You were in the habit of carrying a pistol in New Orleans — what 
 for?" 
 
 * A prison outside the Havana, between which and the Heal Cared then is no difference as to the 
 character of the prisoners, or its strength. 
 
32 
 
 "Merely for my own protection, your Excellency. I had no evil de- 
 signs against anybody. It was merely to defend my life." 
 
 "Do you know one Morante ? " 
 
 "I do." 
 
 " Was you not sick at his house ? " 
 
 " I was." 
 
 "That Morante is a scoundrel, and he never can come back here." 
 
 "I don't know about that, your Excellency ; while I was in his house he 
 appeared to me to be a'very good man."* 
 
 The examination closed here, and I was returned to the prison ; guarded 
 by the same escort, and was immediately put in my cell. 
 
 The next morning the turnkey gave me a loaf of bread, which he said 
 one of my friends had brought, and stated that he would call again at 
 three o'clock in the afternoon to know if I wanted anything else. 
 
 I bent the loaf slightly and perceived in the centre two incisions, that 
 had evidently been cut in it. My heart leaped within me with joy. I 
 found the incisions were two sides of a plug, which had been cut out of 
 the loaf; the inside scooped out, and the plug replaced and fastened with 
 two thin wooden pegs, so cleverly, that it Was impossible to discover it 
 unless by the closest inspection. In the loaf I found a pencil, a small 
 piece of blank paper, and, more precious than all, a brief note. My 
 friend's note ran thus : 
 
 " Be of good cheer. Your friends are not inactive. I am in the habit 
 pf going to see the American Consul every day. He is informed of the 
 facts of your case, and has twice demanded permission of the Captain 
 General to see you. I will be here again at 3 o'clock; write to me; en- 
 close your note in the loaf, and devise some means to return it — say you 
 do not like it, and would prefer another loaf." 
 
 I read this over and over again. Every word was a source of unspeak- 
 able delight. The Consul,. I was assured, knew I was forcibly dragged 
 from New Orleans, and he had taken up my cause. I seized the blank 
 paper, wrote a few words of fervent thanks to my friend, and entreated 
 him to urge the Consul on, and tell him I was forced from New Orleans 
 in the most villanous manner. My note written, I placed it in the loaf, 
 carefully inserted the plug, and fastened with the same pegs. In the 
 course of the afternoon the turnkey came and said my friend wished to 
 know if I 'wanted anything else. I handed the loaf to the turnkey, — 
 disdainfully, told him I did not want to eat such bread, and to return it- 
 to my friend and tell him so. In this way we exchanged one or two more 
 notes, and the correspondence only ceased when the turnkey upbraided me 
 
 * Rey was still under the impression, he says, that Morante was secretly, leagued with hiu enemies, 
 and avoided saying aught against him. to the Captain. General.. 
 
33 
 
 wilh being too fastiduons, and I feared his suspicions were aroused. Then 
 to save my friend, in case I was searched, I destroyed his communications, 
 and wrote no more myself. Etery note of my friend rc-assured me more, 
 find the last one contained the joyful news that I should be liberated in 
 a few days. 
 
 About the 14th of August I was taken from my cell to the Audience 
 Hall of the Prison, where I found myself in the presence of Gallano. I 
 was again subjected to an examination by him, and a scribe recorded 
 question and answer : 
 
 "Do you know where the property of Fernandez is ; his houses, 
 negroes, &c. — Do you know to whom he fraudulently transferred them ?" 
 
 "I do not. I know nothing of his property." 
 
 "Do you know where he deposited his money?" 
 
 "I do not." 
 
 "Have you seen Fernandez spend money in New Orleans lavishly, so 
 as to make people believe he was rich? 
 
 "No I did not." 
 
 "Do you kuow whether Fernandez has any property in New Orleans?" 
 
 "All that I know he has there is a se°;ar store." 
 
 "What is that segar store worth?" 
 
 "I cannot tell; I am not an appraiser." 
 
 "Did you, before you left this city, accompany a stout lady, when she 
 went to a certain place, and get some money ?" 
 
 "No." 
 
 "Why do you deny accompanying the lady on that mission, when I 
 know positively you was with her ?" 
 
 "Let the lady be brought before me, and see if she will say so con- 
 fronting me." 
 
 I was asked to sign the paper, on which this examination was re- 
 corded and, there being nothing in it objectionable, I did so without hesi- 
 tation. As I was about to be sent back to the cell I asked Gallano if 1 
 was still interdicted communication with my friends. He said I should 
 remain in every respect as I had been. I was then remanded to my cell. 
 
 From that day to the 18th August was a perfect blank. I had no com- 
 munication with anybody, not even the turnkey. About 8 o'clock in the 
 morning, I was informed the Captain General again required my presence 
 and was taken to the Qidnta. A marked difference in my treatment 
 was perceptible from that moment. The corporal and his guard, with 
 fixed bayonets, did not present themselves, and myself and the keeper, 
 who no longer treated me as a prisoner, but as a companion, were driven 
 in a coach. This time I found the Captain General alone, and, imme- 
 
34 
 
 diately after my presentation, the keeper was motioned to withdraw. 
 With a biand salutation His Excellency opened the conversation : 
 
 "Weil, Garcia, do yon want your pardon now?" 
 
 "If it pleases Your Excellency." 
 
 "Then you are at liberty and may go where you please ; but are you 
 not fearful somebody may harm you, if you go about the city." 
 
 "No, Your Excellency. Why should I ? I have neither robbed nor 
 killed any one." 
 
 "Nevertheless you had better go back to prison for a time. It will be 
 best for you to go to the Castillo del Principe, because you will have to 
 come back here again at 3 o'clock. 
 
 "Your Excellency, I would rather return to the Real Carcel." 
 
 "Very well, but you had better not walk about the streets; you will be 
 safer in jail." 
 
 "Will I, Your Excellency, be safe so far as the action of the govern- 
 ment and the police is concerned '?" 
 
 "I suppose you will, but I will not be answerable for what may happen 
 to you, if you leave the prison." 
 
 The Captain General now adjourned to the garden and I followed him. 
 We found the keeper in waiting. The Captain General tapped him on 
 the shoulder, and they returned to the hall, where they remained about 
 ten minutes and then rejoined me. His Excellency told me I was to go 
 back to prison as he wanted to see me again at 3 o'clock, whereupon he 
 courteously bade me adieu, kissing his hand, and the keeper and myself 
 rode back to the prison in the same carriage. On entering the prison the 
 keeper informed me that I had the liberty of it, and added I should dine 
 with him, an invitation I gladly accepted. Our dinner was a sumptuous 
 one, and my host was in excellent humor. He congratulated me upon 
 my liberation, extolled the justice of the Captain General, and iterated the 
 prompt justice of his Excellency when he discovered the facts of my case. 
 I heard all this with an air of profound credulity, but in reality found it 
 much more agreeable to swallow my keeper's excellent wine, and feeling 
 it impossible to simulate gratitude to "His Excellency," I ambushed my 
 feelings to that distinguished personage, behind a sincere compliment to 
 my companion upon the temptations of his table and the choiceness of his 
 liquids. 
 
 Dinner over we went to the Quinta, where I found the Captain Gen- 
 eral, Gallano and the Notary together in the hall. His Excellency pre- 
 sented me successively three documents to sign. Handing me the first he 
 desired me to read it, and see if I recognized it. On examination it I found 
 it was a declaration purporting to have been made by me in New Orleans, 
 signed by the Spanish Consul, in his official capacity, and witnessed by 
 
W 
 
 Llorente. I said, and truly, that T had never seen the document before to 
 my knowledge. The next paper offered me was headed "List of per- 
 sons guilty of wishing the annexation of the Island of Cuba" (comprome- 
 lidos a la a/iccsasion de la Isla de Cuba.) To this I found my true sig- 
 nature appended, and saw at once it was the paper I had been mada to 
 sign in New Orleans, by the Consul, Ayala and Llorente, and the words of 
 the Consul, uttered with exultation, the moment he obtained my signa- 
 ture, flashed upon me : " This is what I wanted. The Americans have 
 despoiled Mexico, and now they want to rob us of Cuba." The Captain 
 General asked me if I had signed it ? I replied that I had. He then asked 
 me if I knew Ayala? to which I answered that my acquaintance with him 
 was very slight. In view of the villainous part Ayala had played towards 
 me, jointly with Llorente and the Consul, and supposing it highly probable 
 that he was in correspondence with the Cuban authorities I deemed it 
 prudent to conceal my knowledge of the man. The third document placed 
 in my hands presented itself as a declaration made by me at the Quinta de 
 los Molinos, in the presence of the Captain General, Gallano and the No- 
 tary. The object in producing these papers was to obtain my signature 
 to the first and last, and my duplicate signature and rubric to the list of 
 annexationists, against which I remonstrated, having merely glanced over 
 them cursorily, and being refused permission to read them attentively. I 
 remonstrated until the Captain General became highly excited ; told me 
 they were necessary to save the Spanish Consul (against whom, by the 
 way, I had learned through the comma aications of my friends to me in 
 prison, proceedings had been instituted for my abduction ;) that he had no 
 time for trifling, and intimated that my liberty, aye, perhaps my life de- 
 pended upon accpuesence. Reflecting a few moments, I saw that if, the 
 object in obtaining my signature to the papers was to use the)* as evidence, 
 for the Consul in New Orleans, they were wholly vitiated if my liberty 
 followed, as I could falsify them with my own life. I therefore signed 
 them. 
 
 "Now" said the Captain General, '•' we are ready. You shall go on 
 board to-day. I suppose you still want to go back to New Orleans?" 
 
 "I do, your Excellency." 
 
 "Then you will need a passport, and you will have to write a petilion 
 for ir. Here is your pardon."* 
 
 v 'i'ii;- pardon is now in Key's possession, and read i as follow i: 
 El Consk de Alcoy, Caj of Cuba, etc. <■ 
 
 Don .luan Garcia, ex aical ' < f the royal prison of this city, having macle several revelations of an in 
 esting nature to the cause of her majesty, I have determined, i oft) extraordinary powers 
 
 lich lam clothed, to grant to him the royal pardon, which he solicited through the Spanish c i 
 New Orlean, as far as concerns the cause, which is now being prosecu l.a ;aii i him in this • 
 owing to the escape, which was effected by Don Vincentc i n I Don Oirillo Vill 
 
 31st March last, and, for the due execution of the ttlii document. 
 
 ( Sign id and sealed .;. the H ivan: • I I ; . 
 
 ROTA! u EL CONDE DE ALCOY, 
 
 ' RISPEN XIMENEZ SANDOVAL. 
 
 
36 
 
 I was handed my pardon, dismissed and taken back to the Real Carcel, 
 where I wrote a petition for a passport, which the keeper informed me, I 
 was to write as he would dictate, and I did so. I do not remember any 
 peculiarity in the petition, and am of the belief it was written in the ordi- 
 nary style. This done, the keeper drew my passport from his pocket and 
 handed it to me, whereupon I was taken on board the American brig Sal- 
 vadora, and the keeper took a receipt from the mate for me. On the way 
 to the vessel he gave me four doubloons, without saying to whom I was 
 indebted for the gratuity, and observed that it would supply me with some 
 necessaries on my arrival at New Orleans. We parted without regrets. 
 I was free of my tyrannical persecutors, and was once more beneath the 
 American flag, with increased confidence in its power to command respect. 
 
 How changed was my condition ? I was furnished with clean clothing, 
 the first with the exception of the old shirt of the cook of the Mary Ellen, 
 I had had since the eventful evening of the 5th of July! And what a 
 luxury this was after being deprived of it for a month and thirteen days, the 
 whole of which was spent on ship board, or in a filthy dungeon, in the 
 warmest part of a tropical summer ! I was no longer the football of the 
 Captain .General and his minions, to be kicked, wheedled or bullied as 
 their temper or interest might dictate. I was in the hands of those who 
 rejoiced at my deliverance, and who were proud of it as a national victory. ( 
 
 Humble as I was and felt myself, I was embarrassed with the friendly in- 
 quiries and multiplied attentions of the officers and crew. The captain in- 
 sisted on my sleeping in his own berth that night, and armed himself and his 
 steward with revolvers, giving the steward directions, at the same time, to 
 be prepared, if any attempt should be made during the night to take me 
 from the vessel. These precautions were taken by the captain, because 
 excitement fn the city, in relation to my affairs, ran high, and it was not im- 
 possible the government party, feeling its pride humbled so lowly, might be 
 o-uilty of almost any outrage in their lust for revenge. No attempt of the 
 kind, however, was made, and with the lights I have now before me, it is 
 not, I think, too much to assume that the government was zealous in sup- 
 presssng the feeling which I was informed prevailed among its instruments. 
 The captain, bidding me good night as he was about to return to the deck, 
 more, I presume, in a spirit of fervent patriotism than because of friendship 
 for me, of whom he knew but little, declared that no amount of money could 
 induce him to forego the pleasure and satisfaction he enjoyed in taking me 
 away from the Havana, in the face of all in it, and bringing me back to the 
 United States. 
 
 I rose early in the morning refreshed with a comfortable night's rest, and 
 elated by the revolution in my circumstances which had taken place within 
 a few hours. On ascending the deck, the first object that met my eye on 
 
6i 
 
 the wharf was a crowd of military officers, of every grade, from a Colonel 
 down. Their gesticulation and loud and earnest tones indicated that a fer- 
 mentative subject was under discussion, and occasionally looking at me or 
 the vessel, they would fiercely clutch the hilts of their swords ; an efferves- 
 cence which provoked a smile from all on board. 
 
 About 7 o'clock the American Consul came on board, accompanied by 
 the same young man who addressed me from the boat, when the Consul 
 visited meat quarantine. After asking me, through this young man, if I 
 wished to return to New Orleans, my answer being, I need not say, an af- 
 firmative, he conversed with me several minutes, in relation to what he 
 had done in my behalf, and I learned that the first letter I wrote to him was 
 not received for several days after I had delivered it to the Captain of the 
 Port, and not until after my second lettter had been placed in his hands. 
 Before departing the Consul introduced me to Dr. Gage, stating that 
 I should be under his care until I arrived in New Orleans. Shortly after 
 we set sail and arrived here on the 28th of August. Dr. Gage obtained a 
 carriage, and we drove to the St. Charles Hotel, stopping on the way at 
 the chocolate shop of Morante, who I met with cordiality, having been en- 
 tirely disabused of my suspicions against him, by the Doctor, on the voy- 
 age, who related to me the reports in the newspapers of the active steps ta- 
 ken by Morante in my case, and his manly denunciations of those who vio- 
 lated his hospitality and executed their nefarious schemes beneath his roof, 
 while visiting his domicil as friends. At the hotel a large crowd was gath- 
 ered, and among those present I observed Ayala. Catching my eye he hur- 
 ried towards me and extended his hand ! Finding no response to this affec- 
 tation of friendship, he immediately withdrew, amid the laughter of several 
 who seemed to understand the rebuke. From the hotel I was conducted to 
 the office of an United States Commissioner, upon whose suggestion, ac- 
 quiesced in by my friends, I went to the Parish Prison, where I now relate 
 these facts. 
 
BEFORE JUDGE BRIGHT AND UNITED STATES COMMISSIONER COHEN 
 
 Having given Rey's narrative, we now proceed to a compilation of the evidence, in the preliminary in- 
 vestigation, before Judge Bright, and Commissioner Cohen, and before doing so will give a brief history 
 of the manner in which the investigation was brought about. 
 
 A week, more or loss, after Rey disappeared, Mr. Jose Morante published a card in La Patria news- 
 paper, printed in New Orleans, declaring his belief that Rey had been forcibly abducted and sent to 
 Havana. This card caused some excitement among the Spanish population, and particularly among 
 those who preferred American to Spanish institutions. Morante's statement attracted the attention of 
 Mr. John Maginnis, then (in the absence of the senior proprietor) having control of a New Orleans daily 
 journal, who immediately set about enquiring into the facts, and satisfied himself of the abundance of 
 evidence to show that Rey was forced on board a vessel for Havana, by the procuration of Carlos de 
 Espafia, the Spanish Consul. Mr. Maginnis openly denounced that functionary and his instruments and 
 published a series of able articles, opening the public eye to the enormity of the outrage committed, 
 arousing the patriotic indignation of the people, and emboldening those, who cognizant of the manner in 
 which the abduction was effected, but timid to proclaim the guilt of one so influential and respectable as 
 Don Carlos de Espafia, to come forward and publicly impeach him. 
 
 The constituted authorities were vainly invoked to take the necessary steps for the punishment of the 
 audacious offenders, but still, the consul " feeling the pressure of public opinion," sought to escape it 
 first by submitting papers in his office, privately, to official dignitaries, but finding this mode of procedure 
 — so inconsistent with our laws and institutions — exasperated the people it was intended to appease, he 
 was at last constrained to deny publicly the accusations against him, and challenge his accusers to pro- 
 duce their evidence. This was done in a communication that appeared in the Commercial Bulletin, on 
 the 20th July, signed by Mr. James Foulhouze, as attorney for the consul, in which it was declared Rey 
 left New Orleans of his own free will. 
 
 The gauntlet thus thrown down was taken up by Mr. Cyprien Dufour, a young advocate, who displayed 
 pre-eminent ^glity in the case. Mr. Perry S. Warfield, also a young member of the bar in New Orleans 5 
 was associated with Mr. Dufour in the prosecution, and distinguished himself by his acumen and exten- 
 sive legal knowledge. It is due to these gentlemen to add that they were volunteers, without promise or 
 prospect of pecuniary reward, in the cause of public justice, and urged by their feelings as American 
 citizens, appeared at the forum as vindicators of the law, demanding the punishment due to a desecration 
 of American soil. 
 
 On the very day Mr. Foulhouzc's communication appeared in the Bulletin, the prosecution was based 
 by Mr. Morante, who at the instance of Mr. Dufour made affidavit before Judge Bright, setting forth the 
 sudden disappearance of Rey, and declaring a belief that he was absconded by Don Carlos de Espanii, 
 Fulgencio Llorente, Henry Marie, William Eagle and captain James McConnell, of the schooner Mary 
 Ellen. The Consul, Marie and Eagle were arrested the same day. The police, after several days search, 
 found Llorente concealed in thegarrett of the store ofPuig, Mir & Co., Spanish gentlemen and friends of 
 the consul, and Captain McComicll, arriving from Havana in ten or twelve days, surrendered himself a 
 lew hours after his arrival. 
 
 The investigation opened on the 28th July. Messrs. Foulhouze, Collins and Preaux appeared as coun- 
 sel for the defence, and subsequently Mr. Larue, representing Captain M'Connell, was associated with 
 them. Mr. Logan Hnnton, District Attorney for the United States, and Mr. M. M. Reynolds, District 
 Attorney for the State, were present on the invitation of the court, extended on motion of counsel for 
 the prosecution. 
 
 Don Carlos de Espafia pleading his rights as a foreign consul, his case, at the suggestion of Mr. Hun- 
 ton, was evoked to the federal tribunals, and United States Commissioner Cohen was called in to sit 
 With Judge Bright. Mr. Reynolds opposed the evocation, claiming jurisdiction for the State over him. 
 
39 
 
 but Judge Bright tacitly abandoned the alleged jurisdiction, by admitting the association of the raited 
 States Commissioner, and at the close of the inquest surrendering to tho commissioner decretal power 
 in relation to tho consul. The court thus organized, the case proceeded, Mr. Bufour filing the following 
 notice to the court anil the defence, of the line the prosecution would follow, there being no statute either 
 of the State or the United States providing punishment for the kidnapping or abduction of a white man: 
 
 "Thb Static vs. Carlos de Bspana, et als. — Flon. Geo. Y. Bright, Second Justice of the Peace, and 
 M. M. Cohen, U. 8. Commissioner. — The counsel fur the prosecution respectfully inform the court, and 
 hereb] give notice to the defendants, thai the facts and charges related in the prosecutor's affidavit, con- 
 Btitute two distinct and separate offences, to-wit: Assault and battery, and false imprisonment, and these 
 are indictable and punishable offences in the State of Louisiana. 
 
 Thai from the complexion of circumstances which have attended the violation of public law, as herein 
 complained of, the present case is one of conspiracy for committing false imprisonment and assault, 
 which has indeed and in fact, been done and effected. 
 
 And that all the defendants are principals in such violation of law, save and except Carlos de Espaiia, 
 who is, and will be shown to be, an accessory before the fact.'* 
 
 The examination was exceedingly prolix, occupying, together with the argument of counsel, fourteen 
 Bittingsofthe court, and did not terminate until the 13th of August, when judgment was rendered, and 
 all tho parties accused committed for trial. 
 
 The compilation which follows consists of extracts from the testimony, containing all the material 
 points, on both sides — the examination of witnesses for the purpose of shaking their direct evidence, 
 except where the object aimed at was effected ; the large quantity of extraneous matter, and of matter 
 impertinent to the issue, and the volume of evidence as to the identity of Key and tho man who was 
 forced on board the Mary Ellen being cut off. The reports being thus divested of unimportant detail the 
 evidence is contained in a comparatively brief space. 
 
 Before entering into the compilation, the reader will premise that it was admitted by the defence that 
 the o insul was privy to Key's leaving New Orleans on the Mary Ellen, and was in some measure access- 
 ory to his departure. This is acknowledged in the printed communication of Mr. Foulhouze, already re- 
 ferred to, from which the annexed extract is taken ; 
 
 " Fernandez had promised Garcia to give him twelve thousand dollars when in New Orleans ; and tho 
 poor devil hoped that all was not lost to him ; but once here, Fernandez left him without a solitary cent, 
 and started for Mexico. 
 
 " Garcia, finding himself thus destitute, and in the utter impossibility of repaying the hospitality which 
 he had received, called on the Spanish consul to know whether he could crave his pardon and go back 
 to Havana, offering at the same timo to make his declaration about the robbery committed by Fernan- 
 dez, mid all other persons concerned in the same. 
 
 *• The Spanish consul answered that he was ready to receive the declaration, but that he was not the 
 proper authority to grant a pardon, and that he would write to the captain general at Havana, to ascer- 
 tain whether the pardon could be granted in case he (Garcia) should make a declaration. 
 
 "On the 26th of June last, whilst waiting for the answer from Havana, Garcia made up his mind to 
 come forth and declare before the consul all that he knew about the robbery. 
 
 " The consul received his declaration, and told him that he could do nothing for him until he received 
 a special message from the captain general's office ; but the desired message having arrived on the next 
 day, the twenty-seventh of the same month, the consul communicated it to Garcia ; and on seeing that he 
 could return home without running any risk, and with a regular passport, Garcia decided to leave for 
 Havana. 
 
 " He was perfectly free the whole time, to the moment of his departure, and left of his^wn free accord, 
 with his passport, and written assurance that he had no danger to run, as it fully appearSTfirst by his dec- 
 laration ; second by the communication from the captain general's office, and third, by the delivery of Gar- 
 cia's passport under the same." 
 
 The reader will observe it is here intimated that the consul had obtained a pardon from the captain 
 general for Rev, who, " seeing that he could return home without running any risk and with a regular 
 passport, decided to leave for Havana." Mr. Preaux, too, injan argument in favor of a continuance, or 
 postponements the investigation, until the oflicers and crew of the Mary Ellen should return to prove 
 Hey went on board voluntarily, and until Key's own testimony could be had from Havana, said : 
 
 " They would show by Garcia's own testimony, which would be before tho American consul, in Havana, 
 thai mi such crime as was alleged was ever committed ; that the consul, and all the accused were per- 
 fectly innocent. He would pledge his personal reputation that this would be shown ; that Garcia left 
 this city of his own accord : that he is now living in Havana, and that he has been reinstated in his former 
 position. We will take him even beyond the jurisdiction of the Spanish Government ; we will put him 
 on hoard an American man-of-war, and there let him make his deposition before the American consul." 
 
 Furthermore the defence offered as testimony the letter, Key says he copied from the draft of Sefior 
 Sandoval ; addressed to the consul by order of the captain general, and written on board the Andrew Ring 
 under duress of threats. It will be perceived by this letter that the consul was even mindful of the 
 delicate state of Rey's health, and furnished him with physic when he was leaving. The fact that reports 
 had reached Havana, when the letter was indited, of the consul being menaced with a prosecution, will 
 account for the familiarity of Rey and the complimentary passage in which he politely requests the con- 
 sul --to tell those folks and rogues" certain things: 
 
40 
 
 Havana, July 26, 1849. 
 To Don Carlos dc Espafia, Consul of her Catholic Majesty : 
 
 My Dear Sir— I have arrived here in good health, and am in quarantine, which I shall soon leave, and 
 then I will write to you more at length. For the present 1 am rather out of news. My departure was a 
 hasty one, as you informed me but at the last hour, that I could effect it. I started of my own accord and 
 free will, though I was a little unwell. The medicine you gave me before I embarked, proved good, and 
 1 felt perfectly well when at sea. 
 
 Please to tell those folks and rogues, that T came before you voluntarily, and that I embarked at my own 
 accord on board the American schooner Mariana. We were twelve days in our journey. Do me the 
 favor to answer this letter as soon as you receive it. 
 
 Your affectionate servant, 
 
 JUAN GARCIA 
 
 We now take up the statements of the witnesses examined in the preliminary investigation, placing Uie 
 name of each witness at the head of his testimony : 
 
 JOSE MORANTE. 
 
 Resides on Frenchman street and has a chocolate manufactory at No. 52 St. Ann street. 
 
 Relate how you became acquainted with a certain man named Rey . . . . Llorante spoke to me one night 
 — requested me to let Rey come to my house. 
 
 Relate every thing concerning this introduction. How it happened At my house in St Ann street* 
 
 I being in company witli a man named Ayala — Llorente took me one side and asked me if I would be 
 good enough to favor or assist a man — an unfortunate man in difficulty. He said this Rey was at a cigar 
 store at the oorner ©f Gravier and St. Charles streets, and was apprehensive that he was going to be 
 poisoned. I then replied, that if Rej had committed no crime against the country, I was ready to receive 
 iiim. Llorente and I then returned to where Mr. Ayala was, and the former, clapping his hand on my 
 shoulder, said to Ayala, " Did I not tell you that we should meet with a good friend." 
 
 Or what day did youtr introduction to Rey take place, and when did he come to the house ?. . . . On the 
 8th June last, Llorente brought Rey to my house. 
 
 From that day, how long did Rey remain with you ? Until the 5th July. 
 
 In the course of that time, was Rey sick or not '? Twice, while he was in my house. On the 10th 
 
 June he fell sick the first time, and between the 24th and 26th of the same month, the second time. * 
 ******** * * * 
 
 Rey was apprehensive he was poisoned, and told me himself he feared they would poison him at " La 
 Oorrina." It was for this reason, he told me, he left there. Hefead no clothes at my house. * * * * 
 
 What took place between you and Llorente, on the day Ayala left for Havana?. . . . Llorente came to my 
 house about half past eight," at night, the day the brig P. Soule teft for Havana. Llorente said to me that 
 Ayala had gone to Havana, and asked Rey if he would not go on the wharf with him. Rey said two or 
 three times that he would not. I then closed the door of my store. I told Rey that Ayala was going to 
 the Havana, to put a rope round his (Rey's) neck. Llorente asked me why ? I answered, that a few days 
 previous, Ayala told me that he wanted Rey to go to Havana, to have him pardoned, and to be himself 
 pardoned. 
 
 Did you ever see Rey since the 5th July ?. . . .No. 
 
 From that moment your suspicions being aroused, had you not a quarrel with Llorente next day? 
 
 On the night of 6th July, I called Llorente, at the Eagle Coffee House, at the corner Conde and St. Ann 
 streets, to the entrance of the public square, (Place d'Armes.) I asked him where Rey was? He an- 
 swered that he had been told at Mr. Fernandez's house, that Rey had gone, or was going to Vera Cruz or 
 St. Thomas. I became angry, and told Llorente that if Ayala was here, I would slap both their faces, 
 (Llorente's and Ayala's) for having taken an unknown person to my house— my house on Frenchman 
 street. Llorente, pointing to a dirk or dagger, in his waist, said, this was the same dirk Ayala had when 
 he went to my house. Llorente told me that the person whom he had taken to my house was a proper 
 person ; it was the Spanish consul, and if I went with him to the consul, the consul would satisfy me, and 
 that the consul wis much pleased with him. 
 
 Did vouknow^he consul? Not at that time. I had seen him once, when he was pointed out to mo 
 
 by Llorente. ********* 
 
 Did not Rey tell you something about his physician?.... Yes. On the day Ayala left for Havana, I 
 asked Rey, at my house, what physician that was that Llorente and Ayala had brought to my house. Rey 
 said " I will tell you the truth — the doctor these persons brought hero, was Don Carlos de Espafia." 
 
 WILLIAM YEOWARD. 
 
 I am employed by Mr. Joseph Fernandez, who keeps a cigar store called " La Corrina," the corner of 
 St. Charles and Gravier streets. I knew Rey. He came to New Orleans with Vincente Fernandez, brother 
 of Joseph Fernandez. From the time he came to this city, he resided with me, at the expense of Joseph 
 Fernandez. He came and took lodgings with Joseph Fernandez, I think, about the latter part of April or 
 early in May. He remained with me until about the beginning of June. When he left me I continued to 
 see him at intervals. He continued to frequent Mr. Fernandez's shop. I asked him several times why 
 he had left, and he told me he was afraid. After he left the house, I continued to minister to his wants 
 whenever he applied for it. He never took his clothing from the store. While he was residing with Mr. 
 Morante, he came to Mr. Fernandez's store whenever he wanted to change his clothes, and changed his 
 clothes there. I caused his clothing to be washed whenever they wanted it— this was always done for 
 account of Mr. Fernandez. His clothing is all in the store now. Rey expressed to me at one time a desire 
 to go to Vera Cruz. In the latter part of June I took steps to procure a passage for him to go to Vera 
 Cruz, upon his special request. He was to have gone on the 30th June, by the English steamer from 
 Mobile. I asked the reason he did not go on the steamer, and he said he preferred going on the Titi that 
 day week, as there was no certainty when the steamer would arrive at Mobile. This conversation took 
 place on the 30th June. In this conversation he was urgent upon going to Vera Cruz; he manifested 
 much anxiety to go. I went that morning with him to the office of John Alexander, 28 Common street, 
 to engage a passage on the Titi, which was up for Vera Cruz. A passage was not taken at that time be- 
 cause they asked me $10 and 1 had but $30. I afterwards asked Captain Brown if he would try and get 
 the passage for something less than $40, as he was a friend of the captain of the Titi. Captain Brown 
 said he would, and he told roe afterwards that he had engaged a passage for $35. It was the represcuta- 
 
41 
 
 Htc or Mr. Fernandez, Mr. Luis Villate, who gave me the $30 for the passage. 1 returned him the uioiiej 
 alter 1 had been ut John Alexander's. The Till was to sail for Vera Cruz jon Saturday, the 7th of July. 
 When he was about to sail on the Titi, in a conversation he and I had, he pulled a passport out of h'is 
 pocket, and asked me if il would be good for the Titi, after it was taken out for the British steamer? I 
 looked at i(. [t was signed by the Mexican consul. The name in the passport was Jimenez. 1 am not 
 sure whether the first name was Juan or Francisco. I asked him now it came that his passport was in 
 that name, as I had always understood his name was Key. He told me he was afraid that if he gave his 
 own name, a passport would not be Riven him. I have seen Ayala on one or two occasions with a knife 
 or dirk by his side, with a netted sheath. 
 
 LOUIS VILLATE. 
 
 Corroborated the statement of Yeoward as to having given him money, by directions of Jose Fernan- 
 dez, to pay for Key's passage to Vera Cruz. Captain W. S, Brown also corroborated Yeoward's evidence 
 In relation to the negotiation for Rey's passage on the Titi. 
 
 JAMES TRESCASEZ. 
 
 Has been connected with the police of First Municipality for ten or twelve years, as day police- 
 man ; he is now an inspector in the custom-house, appointed by Mr. Peters. He recognizes theSpanish 
 consul in court; had a conversation with him on 2d June; was sent for by the consul; wont 
 to his house, corner of St. Louis and Burgundy ; I went in ; the consul met me in his office, and took me 
 up stairs, into his (the consul's private office ; lie then told mo to sit down, and informed me there was 
 now in this city a man of the name of Rey, who was one of the keepers of the prison in Havana— that 
 two persons were arrested in Havana, and kept in prison ; that Rey was offered $12,000 to let them es- 
 cape from prison, which lie was to receive when he arrived in New Orleans, and that he aided in their 
 escape, camo to New Orleans, and was left here without getting a cent. The consul then said that if I 
 would undertake to arrest this man, and bring him on board of a vessel going to Havana, he (the consul) 
 would pay me well. He did not state the amount. 
 
 Was there any person present but the consul and you '? No. 
 
 Did you ever say you had been offered S500 1 said I thought that the consul would give $500, at the 
 
 least, from tho conversation with him 
 
 In your testimony, on Saturday, in relation to the conversation with the Spanish consul, you said you 
 
 made no reply to his proposition to arrest Rey. Hid you not make a suggestion to hiiu ? Yes, I told 
 
 him if he wanted the man sent back to Havana, the proper course would be to go before a magistrate, 
 nviko an affidavit, have a warrant issued, and have him taken out of the country legally. He said, in reply, 
 there was no treaty between the two countries for the extradition of prisoners, and he could not do it in 
 that way. 
 
 J. F. SEIXSHSNAYDRE. 
 
 I am First Lieutenant of the police of the First Municipality. I know tho Spanish consul. It 
 was either at tho latter end of May, or beginning of June, as far as my memory serves me, 
 I was playing a game of dominoes with two or three of my friends, at the coffee-house of Mr. Quadras, 
 at the corner of St. Peter and Ohartres streets, when Mr. Quadras stepped up to me and asked where Mr. 
 Trescascz was. I told him 1 did not know where he was ; that he was a night inspector of the customs. 
 While we were talking together, the Spanish consul came up to the table where we were, and addressed 
 the same question to me, in the presence of Mr. Quadras. 1 gave him the same answer. He then ask- 
 ed me if I woidd have the kindness to tell Mr. Trescasez that he wanted to see him. The next morning 
 I met Mr. Trescasez, and told him of it. I did not see Mr. Trescasez for two or three days after I told 
 him. He told me then he had seen the consul. He did not tell me what had happened between him 
 and the consul. 
 
 JOSE CARENO. 
 
 Do you know Mr. Llorente ? — Very well, and I would be very glad to have never known him. 
 
 Relate what occurred between you and Llorente in connection with Mr. Rey On the 20th or 27th — 
 
 I think on the 26th June last, whilst I was making some correction in a pamphlet I now hold in my hand, 
 at the house of Mr. Sollee, a printer, on I hartres street, between three and four o'clock that day, not being 
 willing to go to the Third municipality to dinner, I went into a restaurat opposite the Place d'Armes. I 
 met Llorente at the door of the restaurat, with two of his children. We ate together — Llorente, his two 
 children, myself and another of our friends, and I paid a dollar. Llorente then took me aside, and made 
 me a very degrading proposition— a proposition which humiliated me very much. Llorente told me that 
 he was in a very unpleasant dilemma, because he had either to shoot himself or fulfil an engagement with 
 the Spanish consul. He said, for the first, ho had not enough of courage, and for the other, he wanted a 
 friend. He continued that he knew me to be in indigent circumstances ; that in this city of New Orleans 
 the persons who were rich were these who committed base acts (acciones bojas,) that there was in this city 
 a man who had caused several prisoners of note to be released from confinement in Havana. He also 
 told me that he (Llorente) was a very able man for an intrigue, and if I wanted to help him, we could 
 lake the man, who was then residing at Mr. Moraut's, and sail with him to Havana, and for so doing 
 we would be very well paid. Llorente further said he had secured for himself a very good situation, 
 because Seiior Don Carlos de Espafia was a very good friend of Sefior Myn, Minister of Finance in 
 Spain; that I was born in Mexico at the time the Spanish Government owned Mexico — 
 
 Mr.Dufow: (.'ome at once to what Llorente said to you He said if I were to become a Spanish 
 
 subject, 1 would secure a good position and brilliant prospects. In reply I said I lived quietly in this 
 city, under the American government, and I would not be an accomplice in carrying a man away from 
 it, and thus violate the laws. 
 
 Did Llorente offer any specific amount? He said a very fat sum. 
 
 Froth whom was the money to be drawn? Llorente told me it was a respectable person, but did not 
 
 tell me his name. 
 
 How long have you known Mr. Morante ? I have known him only since the affair of Rey has been 
 
 spoken of. 
 
 Did you know Rey ? I did not. 
 
 Why did you not go to Mr. Morante's, and inform him of this infamous project you speak of? Be- 
 cause I never thought a man could seriously entertain so infamous a design, or carry such a plot into ex- 
 ecution. For this reason, and also ray occupation, being at work the whole day, I did not go to Morante's. 
 
 F 
 
42 
 
 BER.NARDO VINOENCE. 
 
 Do you recognize the Spanish consul in court? — T do. 
 
 Do you recognize Henry Marie ? I do. I know him well. (Laughter.) 
 
 Have you ever seen them together, and if so, state under what circumstances? On the night 
 
 of the 2d or 3d of this month, I saw them walking together about half-past ten o'clock. I was stand- 
 ing at the time in the gate of the Place d'Arrnes facing the cathedral, under the lamp, with two oth- 
 er gentlemen— captain Delvaille and Mr. Georgiani, a fruit merchant. The consid and Marie came tow- 
 ards us from the direction of St. Ann street, and passed down Royal street. They were walking arm in 
 arm, and passed within a few inches of us. As they passed one of the company observed, " See the 
 Spanish consul walking with Narie ?" 
 
 Did you ever see them together on any occasion ? — Never. 
 
 MR. DABELSTEIN. 
 
 I am Mexican Vice Consul ; Don Carlos de Espaiia called upon me some time ago, in the month of 
 May, and gave me two names, Juan Garcia and Vicente Fernandez, requesting me to inform him when 
 the parties called to ask for passports. The Spanish consul did not explain why he wished to know 
 when those parties applied for passports. On the 29th June last I gave a passport for one Jimenez, who 
 
 represented himself to be a Spanish subject, to go to Vera Cruz. It was per the British steamer 
 
 The regulations between the Spanish and Mexican Governments do not require Spanish subjects, going 
 to Mexico, to have passports from the Spanish Consul. The passport of the Mexican Consul onlyis re- 
 quired. 
 
 JOSE VILLARUBIA. 
 
 I know Mr. Morante ; I often go to his shop, almost every day, in the morning and in the afternoon. I 
 was there on the eveuiug of the 5th July, with the clerk, Antonio Ricardo. Morante was not present. 
 Rey was in the back room. I did not see him, and could not tell what he was doing. While 1 was in 
 the shop, Llorente and Rey went to take a walk. This was between half-past six and seven o'clock. 
 Rey had not returned when I left, at nine o'clock. The shop was closed as I left. Rey seemed to go vol- 
 untarily — I saw nothing to the contrary. A few days before this occurrence, I had a discussion with 
 Llorente about his telling me that he could send rascals tied up (hombres picarros) to Havana. I replied 
 that he was not a man to do it ; that neither he nor the Governor of Louisiana could do it, 
 
 ADOLPHE BLAJAM. 
 I know Mr. Llorente ; he is in Court ; I knew Mr. Rey. On the 5th July last, in going into Victor's 
 restaurat, (near the Place d'Arrnes,) in company with a person now absent from the city, between five 
 half past five o'clock m the evening, I saw fronting the street, Mr. Rey, and seated opposite him at the 
 same table, Mr. Llorente. On leaving the restaurat after having taken our dinner, we left Llorente and 
 Rey in the restaurat. I remarked I was astonished to see Rey in the restaurat ; it was the firsttime I had 
 seen him there. I was astonished because I knew he used to dine always at an adjoining restaurat, where 
 Fernandez's employes used to bring him. In May last the Spanish Consul came to the house where I 
 lived, and asked for me ; be was answered that I was out ; he asked the person to whom he spoke to, 
 request me to call at his (the consul's) house, as he wished to speak to me the next day. I went there 
 accordingly the next day. The consul, knowing I was intimate with Fernandez, having seen him at my 
 house, told me that as I w T as an intimate friend of Fernandez, to tell him not to go to Mexico, as a treaty 
 providing for the extradition of prisoners, existed between Spain and Mexico, and he could be arrested 
 there and sent back. I thanked the consul for his kindness to my friend. (Laughter.) From what the 
 consul told me, I cautioned Fernandez not to go to Vera Cruz, supposing it was true that a treaty for 
 extradition existed. It was on account of the public rumor in the city, Fernandez hastened his departure 
 to Vera Cruz. The rumor was that he was going to be sent away by the consul. 
 ANTONIO RICARDO. 
 
 Are you not employed at Mr. Morante's ? 1 am. 
 
 Do yourecollect Rey, alias Garcia? I do. 
 
 Do you recollect having seen him on the 5th of July last ? 1 do. 
 
 Where did Mr. Rey dine on that day? He dined at Mr. Morante's chocolate shop, 52 St. Ann street, 
 
 with me. 
 
 Was Morante absenfc from dinner ? He was absent the whole day. 
 
 At what hour did you dine ? That day we dined about five o'clock. We generally dined between 
 
 four and six — there being no regular time between these two hours. 
 
 Was Rey in that shop before dinner ? Yes, he had been there since morning, and remained in the 
 
 shop until he went out with Llorente. 
 
 Do you recollect having seen Mr. Villarubia that evening in your shop ? 1 do. 
 
 Do you recollect having seen Llorente come in and taking Rey away? 1 do. 
 
 Was it before or after dinner Llorente took him away ? After dinner. 
 
 JOSEPH RABELI. 
 Do you not keep a coffee house ? — Yes. 
 
 Where ? Adjoining the large Cotton Press in the Third Municipality, on Levee street, between Fer- 
 dinand and the street below. 
 
 What did you see about your coffee house on the 5th July? On that evening the Mary Ellen was 
 
 lying at the wharf opposite my coffee house. I saw persons coming from on board two or three different 
 times, to drink at the house. " I cannot tell whether they were the crew or passengers. I had no bar- 
 keeper, and had to keep inside the house all the time. That is all I know about it. 
 
 Did you see this man Garcia in your coffee house that evening ? My house is a public one, and I do 
 
 not pay attention to persons coming in and out. I do not know whether I saw him there or not. • 
 
 Do you know Garcia when you see him ? I do not. 
 
 Did you give any drugged liquor in your coffee house ? (Mr. Dufoui — Of course he will say he 
 
 didn't) — I give nothing but natural drinks. 
 Did you see a man there that night with green specks ? — I think I did, but cannot swear to it. 
 
 Do you know Fulgencio Llorente ? No, sir, I don't know any of them. 
 
 MR. ST. GERMAIN. 
 You ate employed al Lavalette's counting honse on Common street, are you not ?. ... I nm, sir.- 
 
1/5 
 
 'v\ as there nothing said In your presence in regard to his taking passengers f. . .(Referring to a cm* 
 venation with Captain McConnell, on the 3d July.)— Mr.Lallande asked him If he would nut take pass- 
 -augers, lie said no, lie would not take u passenger for $300. 
 
 JOHN OETON. 
 I am an engineer. On i ho evening of tlie 5th of July, I was walking down the levee, about eight o'clock. 
 I law the schooner Ellen and Mary alongside the wharf. 1 knew the mate and captain manyyears, and 
 vent to see them oft". 1 stayed there several minutes. During that time, the captain of the towboat asked 
 the captain (M'Connell) if be was ready. Captain M'Connell replied he would : e ready in a few minutes 
 He told the mate to get it idy and stand by the lines. 1 bid them good night, With thai, the mate wont 
 forward ; 'Captain M'( 'onnell and I \ r ent on the wharf together. Whether Air. John C. Smith, ths ship- 
 ping master, went on the wharf or not. I don't know; hull saw him. The cook and one of Smith's clerks 
 were on the wharf. Smith look a little rope and made believe he was going to whip the cook fornotcern- 
 ingon hoard. Captain M'Connell said, " Smith, don't hurt him." Smith and I then turned to leave. As 
 I turned round. I saw four men carrying a man. Two had hold of his legs, and two more his arms. One 
 of them hud his hat (the man's they were carrying) in his hand. One of them shouted out, "Captain 
 M'Connell, here is your steward." The captain made no answer. The man shouted out again, "captain, 
 here is your steward." Another rhouted, '• here is a passenger." The captain then said, "take him down 
 in the cabin, and be careful you don't hurt him." 
 
 What sort of a hat was it? ... I should judge it was a Panama ; it was white or I could not have seen 
 it. The man they were carrying had spectacles. Captain M'Connell did not assist in canying the man on 
 hoard. He merely told the men to be careful not to hurt him, and put him in the cabin. Ths captain 
 continued attending to his business. One of the men, who was with the four men, and was acting as ship 
 ping master, sai 1 " See what strange business we have, putting drunken sailors and stewards on board after 
 they have got their money." 
 
 Can you point out that man in court t The witness stood up and looking around some time, at last 
 
 fixed his eyes on one of the prisoners. That is the man, said the witness, pointing to Henry Marie, one ojf 
 the prisoners. I thought it very strange to see the man I had known for many years, and 'had never seen 
 him any where but in coffee houses, at balls, and at courts), acting as shipping master, while the shipping 
 master and his clerk were standing by Saying nothing. The vessel was cast oft" immediately after the man 
 was taken on board. 
 
 Did the man loo!: like a steward 1 He looked any thing but like a steward. (Laughter.) 
 
 What sort of a coat had he on ? He had on a back or dark dress coat. I should not have paid so 
 
 much attention to him had he been shipped by a boarding house man, or a shipping master. 
 
 By Commissioner Cohen : — Have you ever seen that man who made the observation, " See what trouble 
 
 we have with drunken sailors," acting as shipping master'.' Never. I have never seen him any where 
 
 butabijut police courts, and where decent men ought not to be. 
 
 Cross Examination : -1 was about ten feet from him when he made the remark, Captain M'Cmnell'wns 
 about eight feet from me. I was about twelve feet from the vessel. The ni^ht was pretty dark. I saw 
 them lift the man across the railing into the schooner. The quarter deck was above the wharf I'm not 
 sure whether he was put over aft the main rigging, but I think he was. I did not see him after he was taken 
 on board. There were several persons on the Levee, but the only ones I recognized were Captain M'Con- 
 nell, Mr. Smith, and the others I have mentioned. The men appeared to be perfectly dead. He was cramp- 
 ed up, and 1 con hi not tell what bulk he was, or what his size. When I was going down the Levee, I heard 
 a bell ring; I did not know from what tow that was, but as I came near the Mary Ellen, I heard the Da 
 Soto's bell ring. 
 
 The night was so dark, how did you ccme to observe his spectacles 1 Because I looked so (stooping) 
 
 into his lace, and I saw the.ni, and that's the reason the man (Marie) made the remark to me I beliete. 
 Laughter ) 
 
 Jus/ice Bright ■ — Did the man j ou have pointed out here in court, (Marie) have his hand on the mar. 1 
 
 i\o, sir ; he had a stick in his hand, walking alongside of them. He came up with them. They were 
 
 nil together. It was when I stooped over to look at the man he observed me doing so aud said what I have 
 related. It was when he made the observation, I looked in his face and recognized him. 
 
 CHARLES ROGERS. 
 
 Piense state what occurred on the evening of the Sth July.... I was met by somebody and told to go to 
 the coffee house and wait. That was the last coffee house this side of the lower cotton prets. 
 
 By whom were you employed at that job 1 By Mr. Eagle. (Witness identified him in court.) 
 
 What sort of job was thai — what sort of business '? I was to wait at the coffee house, until a big, stout 
 
 man came with another small man.* Something was said about the srr.all one being the man, but 1 didn't 
 believe it, as 4 didn't think that was the sort of man. So Mr. Eagle came across to me and said that was 
 tbe man. 
 
 By what name did they call him 1 1 did not hear. 
 
 Point out the men. [Witness pointed out Mariej — I know him. ("Llorente was brought forward] — 
 He looks very much like the other man. 
 
 What countryman was the man with the spectacles ? I don't know. 
 
 What language did he speak ?.... He d.d not speak at all 
 
 Who treated him in that coffee house 1 1 did not take that much notice, but they nil drank together. 
 
 What occurred then 1 One of the small gentlemen walked out the lower door ; that is the man I 
 
 take to be Llorente, and the other two walked out another door. The man who walked the lower door 
 (Llorente} walked towards the lower cotton press. The two others went about ten steps further up and 
 crossed on to the Levee. Mr. William Eagle stood on the Levee. He called me and the other man who 
 whs employed. Two of them took hold of him, and took him towards the wood-work of the Levee, and 
 Mnrie touched me on the back with a stick, and told me to go on, he knew all about it. 
 
 Did you catch hold of him on the banquette 7....I did not catch hold of him until he was falling, when 
 they had hold of a leg and arm. 
 
 Did he, or did he not resist ? Wot at all. , 
 
 ♦Marie is a very stout man, about five feet nine or ten inches high; Llorente short and thick set, 
 and Key about five feet six or seven and comparatively slender— he must he rebeei} mud; more so then 
 than now, as he is in good health and has been for several month . 
 
44 
 
 Did he say anything ?... . He never s'poke a word, sir. 
 
 Did he appear to be drunk:? No sir, he stood mighty straight if lie wasdrunlr. 
 
 Who are the men who had hold of .him ?... .William Eagle and a man named John, who has gone to 
 California. 
 
 Who was the fourth man ? Was it the man who was brought up here a moment ago (Llorente) 1 
 
 No ; he had walked down to the press. 
 
 Commissioner Cohen: — How did he fall ; you say he was not drunk ?... .Because they were lifting 
 him otf the ground, and the lift was suddtm. He lost his hat. I picked it up and held it in my left hand 
 while I helped to carry him with my other hand, which I put under his shoulden 
 
 Where did you put him ? On board the Schooner Wary Elien, one wharf above the coffee house. 
 
 What did the Captain say when yuu brought him there ? Said put him down in the cabin. 
 
 You mean Captain McConnell ; do you recognize him in court 1 ?... .Yes sir. 
 
 How long after did the schooner leave the wharf?.... I don't believe it was more than half a minute. 
 
 What hour was that ? I can't say exactly ; it was between eight and ten in the night. 
 
 State when you was employed for this business About half an hour before dark that day, by Mr, 
 
 Eagle. 
 
 What did he tell you about the business he had to do ?... .He said it was a stubborn man, (one of the 
 crew I supposed) and he wanted me to help to put on board, He said it was a man who he supposed 
 might be stubborn, or unwilling to go on board. 
 
 How much was you paid for that ? I was paid six dollars the next day by Mr. Eagle. 
 
 Did Mr. Eagle tell you for whose account he' was doing this ?. .. . He told me a man met him on the 
 Levee and ?.sked him if he did not want to make a little money ? He did not tell me how much he got 
 himself. 
 
 How long had you been posted at that coffee house, waiting for these men ?••••! suppose we (the man 
 John and myself,) sat outside the coffee house about three quarters of an hour, waiting. Mr. Eagle was 
 standing on the Levee waiting. 
 
 Where did you let go of the man ?... .Right at the rail of the vessel. 
 
 What became of him then 1 Mr. Eagle and this man John passed him down into the cabin. 
 
 Did they return immediately to the wharf ? Yes sir ; and they had to jump pretty quick, too, be- 
 cause they (the crew) let go the fasts of the vessel, and she swung off. 
 
 Did you remain on the wharf while they went down into the cabin ?....Yes. 
 
 Before these three men came, had not Mr. Eagle described Marie, the stout man ?... .He told me the 
 man we were to put on board would come in company with the stout man, and when he came I recog- 
 nized him as Marie. 
 
 What made you suppose it couldn't be the man you was to take on board?.... Because he was not 
 dressed like a sailor. He wore good clothes and spectacles. 
 
 Since this case has commenced, have you not received offers not to come up as a witness?.... Yes 
 sir. 
 
 Who made the offer sir ?.... Mr. Marie and Mr. Eagle. 
 
 How much was offered sir? They told me I could make $300 or $400. 
 
 From whom was the money to begot? They did not say. 
 
 Were Mr. Marie and Mr. Eagle together when they made the offer ? No sir, they were not; each 
 
 made the offer separately, at different places and different times. 
 
 Do you recollect who first made the offer ? Mr. Eagle 
 
 Can you recollect the substance of what Mr. Eagle said to you when making the offer ?.... He told me 
 there were some people up town who told him to see me, and get me to say anything in their favor ; they 
 would give me two or three hundred dollars, and he would see 1 got the money. 
 
 Is that all ? .... He wanted me to sign a piece of paper to satisfy the gentlemen that he had paid me the 
 money. 
 
 Can you recollect the substance of what Mr. Marie said?. ...I met him at the Place d'Armes with a 
 young man, I was in company with. He walked down as far as Ursuline street. He then called me 
 aside — I suppose because he did not want the young man to hear — and told me we all could make three 
 or four hundred dollars apiece. 
 
 Did you ever understand from either of them— Mr. Marie or Mr. Eagle — who was to pay the money, or 
 iromwhomit was to come? No sir. 
 
 Justice Bright .—You say the man was not drunk, why then did he need carrying ? I suppose, sir, 
 
 because he was not willing to walk. 
 
 Did he appear sick ? No sir. 
 
 Did he struggle at all? No sir. 
 
 Did he appear to help himself, to use that phrase? No sir. 
 
 What appeared to yon to be the matter with the man? Well, sir, I couldn't tell; he walked over 
 
 the Levee as nice as any man. 
 
 Did any person speak to him while they were carrying him? No sir, nobodyspok?; 
 
 When you carried him to the railing ?.... Nobody spoke but the Captain and Mr. Smith, the ship- 
 ping agent. 
 
 When you were about turning him over the railing, did he appear t,o try to help himself ?.... No 
 sir, there were persons there ready to carry him. 
 
 Like a bag of clothes ? Yes sir. 
 
 Commissioner Cohen: — Was he gagged ?.... No sir. 
 
 Was he weak? He was a small man. 
 
 How long from the time they lifted him up did it take to carry him on board? Not more than 
 
 a few minutes. 
 
 What kind of hat was his? Itwas a small narrow brim, a Panama hat. 
 
 Justice Bright: — Did you form any opinion as to what conntryman he was ?....No sir, I only had 
 one glimpse at his face. That was in the coffee house. 
 
 Was he a white man?.... Yes sir. 
 
 Was his countenance pale or flush?... I can't tell sir. • 
 
 Mr. .Warfield .-—After the vessel shoved off, was anything said by Marie, Eagle, or any of the others, 
 
 then? I spoke to Mr. Eagle and asked him if he was going up? He said no, and asked me if I 
 
 wanted any money ? I told him no— I would call at his house in the morning ; and npon that they 
 watted down towards the Lower Cotton Press. 
 
45 
 
 Did you believe at tha time, or (Jo yoo believe now, this man was one of tin crew of the res- 
 
 tel ? No »lr— I do not. 
 
 EVIDENCE FOR THE DEFENCE. 
 J. F. LABORDE. 
 I am acquainted with Captain McConnell the Inst eight or ten years. 
 
 Did he invite you to go to Havana the last trip? He asked me frequently. I was sick the last trip, 
 
 and could not eo. 
 
 You knew he was going to Havana?.... Yes, sir, we sent letters by him. 
 Cross examination. — By whom are you employed?... .By my uncle, J. V. Laborde. 
 What is the name of the firm.. ..Laborde & Xiques. 
 
 Are you acquainted with a young man named named Thns. J. Burke?.... I have known him intimately 
 the la«t five or six years We have lived together. We room together. 
 
 Have you not written on paper something in relation to this matter in hand?... .Yes, sir, I have. 
 [Witness was handed a paper. J Is that your handwriting?.... Every word of it is mine. 
 To whom did you address it? .... I addressed it to no one. 
 
 To whom did you give it? To Mr. Thomas Burke. He requested me to write it. 
 
 Will you read it? Yes, sir, I will The following is a literal copy of the paper: 
 
 "The Agent i naid Mc200 doubloons or $3400 to take him away — He was tied on board under the hatches 
 The object of his been taken there is not that of punishing Rey so much as to ferret out of him who were 
 the parties who employed him io set the two prisoners for political causes free from the castle — Some of 
 the most influential families in Havana having been implicated in buying off this turnkey. 
 
 "Last night a party of Spaniards headed by a speaker went to the Consul, and it appears he showed 
 them some letters and papers, sculpating him from all blame — Some other Spaniards wanted and actually 
 formed themselves into a Company to go and trash the Consul and then send him in the like manner to 
 Havana. All Spaniards without exception are incensed against this consul — and they hail the Delta as 
 having taken up the affair on hand — The paper will gain much respect and influence with the Spaniards 
 here if it continue hiting the consul and bringing him to punishment." 
 
 Will you please to point out the "Me" you allude to here?... . [Witness pointing to Captain McConnell.J 
 Mr. McConnell 1 allude to, of course. 
 
 Who was the agent you specified here? ...I mentioned no name. I alluded to no agent — if you allow 
 me I'll explain the whole. 
 
 Mr. Cohen: That is a very plain question, answer it? 1 alluded to no agent. I meant no agent. I 
 
 intended it as a hoax, as a lie from beginning to end. 
 
 To whom did you allude when you speak of "him" in the passage where you say ',to take him away?" 
 ....Well, I suppose I allude to Rey. I refer to him all through. 
 Mr. Warfield: We now file this document in evidence. 
 
 Examination in chief resumed. — Knowing Mr. Thomas Burke was employed as a sort of Printer's Devil 
 in the Delta office, first gave me the idea of hoaxing the Delta. In a conversation I had with him that 
 night, I said I had much of impottance to say to him, but was afraid to say it. I said so in order that he 
 might think I knew a great deal of this case, and that he would give me credit for it. On the day fol 
 lowing Mr. Burke came to my store, and said he came from Mr. Maginnis of the Delta office, and wanted 
 to know all the facts of the case. 1 first refused, so as to make him believe I really had something to 
 communicate. But after begging me a good deal, I consented and wrote that paper. The first item of the 
 200 doubloons I heurd in some bar room, or in some conversation, and the rest I made it all myself. I 
 would have given a longer account — but I had no time that morning, and could not tell any more lies. 
 
 Mr. Warfield: What did you saj, any more lies?. ... Yes, sir, for I intended to give them a whole 
 chapter of lies if I had time. That is all I know of the case. 
 
 Mr. Warfield: (The testimony being read by the clerk.) Insert there, that he would give a chap- 
 ter of lies if he had had time... . Witness: Yes, and I would give them now. 
 District Attorhty Reynolds: Not now sir, if you please, you are on oath. 
 
 Mr. WarMd: r'ave you not had several conversations with Mr. Burke since?... .Yes, sir, the last one 
 to-day at one o'cloc. . 
 
 In reference to this document ... Yes, sir. 
 
 Are you still in the employ of Laborde & Xiques? Yes, sir. 
 
 Is not your uncle, Mr. Juan Ignacio Laborde, of the firm of Laborde & Xiquos, the security of Don 
 Carlos da Espafia?....I havosnen it so stated in the newspapers, and would know his writing if I saw it 
 on the bond. 
 
 Mr. Warfield called for the bail bond of the Consul, when 
 
 Mr Prcaur. said, we admit that Mr. Juan Ignacio Laborde, the witness' uncle, is the security of the 
 Spanish Consul in this case. 
 
 Mr. Warfield: Was this document written about the time the newspapers commenced speaking of the 
 subject?... . It was written the day after the first article on the subject appeared in the Delta. 
 
 JOHN SMITH. 
 Are you a shipping master in this port ? . . . Yes. 
 
 Are you acquainted with Captain McConnell, of the schooner Mary Ellen? 1 am. 
 
 Did you ship his crew for the> last voyage ? — I did. 
 
 Were you with him on the afternoon and evening of the 5th July ? 1 saw him that evening at his 
 
 vessel. I went down to the vessel about 8 o'clock. Mr. Mc n onnell audi went np to see Mr. Wall. I told him 
 it was not usual for tows to go away before 9 or 10 o'clock, and he would have time. He went down to 
 Wall's store and sold him some coffee he had in the store, and came back again to the schooner. When 
 he came back along-side the schooner, I asked the mate, if all hands were on board. He said 
 my clerk had been there and gone after the cook. We waited for more than half an hour, during which 
 time the steamboat bell rang several times, and hailed the schooner (the steamboat captain did) to 
 ascertain if they were ready, several times. I asked Captain McConnell if he was all ready? He said 
 yes, as soon as the cook would come he would shove off; that there was a passenger who had his pass- 
 age engaged, but he could not wait for him. I saw the cook and two negroes carrying his baggage, and 
 my clerk coming along at the head of the wharf. I ran up towards him and hurried him aboard. I sung 
 out to the steamer we were all ready. Captain McConnell sung out to his men to single the lines and let 
 go. I was then bidding Captain McConnell good-bye — shook hands with him. He ran aboard the 
 bchooner. 1 turned round ; looking up the wharf, I saw three of lour men coming along, three in a row 
 
46 
 
 — arm-in-arm. Somebody said " the schooner is off." They picked him up by the lega and shoulders, 
 passed me, and passed him over the rail. The rail was pretty nigh level with the wharf, below the 
 wharf. I sung out to Captain McConnell, " There's the passenger." Capt. McConnell says, " Let him 
 come aft." " Let him go down in the cabin" — one or the other of these expressions. The schooner's 
 bows were then swung out, but her stern was still alongside the wharf. I saw a dark object, I believed 
 was the same man trying to get on the quarter-deck, with something white in his hand, which I suppos- 
 ed was his hat. The schooner swung off then from the wharf, and I left to go home, in two or ti.ree 
 minutes after. 
 
 Were these men walking towards the schooner when you first saw them? Yes, sir. There were 
 
 three men ; one alongside with a stick in his hand. 
 
 How many took hold of the man to lift him over the rail ? I believe three or four men. One of 
 
 them, I believe, was a black man. I believe I helped him myself over the rail. There were as many as 
 four or five then alongside. 
 
 Were they hurrying to get him on board when you first saw them? No, they were not until the 
 
 schooner shoved off. 
 
 This lifting over the rail, sir, was it done for the purpose of lifting him on board? Well, sir, I can't. 
 
 say. He could get on board himself. It was very dark— a sober man might stumble overboard 
 that night. 
 
 How far was he from the vessel when they took hold of him ? About forty or fifty feet I should say • 
 
 when they first took him up. 
 
 Hid he seem to be desirous of getting on board himself ?- ... I don't know. 
 
 Did he make any resistance ? 1 did not see him make any resistance at all. 
 
 You saw him going aft did you not? 1 saw what I thought the same object, the white hat, climbing 
 
 up the poop. 
 
 Was not the vessel in the act of going at that moment? Yes, sir. 
 
 Mr. Hunton — You say Captain McConnell went down to Mr. Wall's and sold some coffee. Is that of 
 your own knowledge ? .... I went with him, sir. We were absent about half an hour. 
 
 How far were the men when you first saw them? They were about two hundred feet. The wharf 
 
 was a short one. I was about going home ; I was standing about half way down the wharf. 
 
 Did you stop where you were when you saw them ? No, I turned back with them. 
 
 Did you know any of the men? 1 knew one. I knew him so well I was able to recognise him dark 
 
 as it was. That was Charlie Rogers. 
 
 Did you see any one else you knew ? I saw Mr. Eagle after the man was put aboard. 
 
 Did you see Mr. Orton there? 1 saw him when I put the cook on board, and afterwards on the 
 
 Levee. 
 
 Did Captain McConnell make any other remark in relation to the passenger, except that he expected a 
 passenger? Yes, sir; he said the passenger he was to take was a friend of the Spanish Consul. 
 
 Who engaged the passage for this gentleman ? 1 don't know ; Capt. McConnell mentioned that the 
 
 passenger had the passport of the'Spanish Consul ; and he would like him to go if he came down in time. 
 
 How long after you returned from Mr. Wall's was it until the vessel left ? About half an hour. 
 
 Had you any reason to suspect who this passenger was? No, I thought nothing of it until I saw the 
 
 affair in the papers. I supposed he was a passenger late, and that his friends were with him, seeing 
 him off. 
 
 Did you suppose Charlie Rogers was one of his friends ? .... I did not know. 
 
 Did you suppose so? No, I did not. 
 
 How did you say they came up ? Three persons walking arm-in-arm, and one alongside. 
 
 No baggage brought along, was there ? I didn't see any, sir. 
 
 You said it was very dark that night, and that you could only recognise a well known face near you — 
 are you sure they had not hold of the man when you first saw them ? — No, sir, they had not. 
 
 How far did you say you were from them? About half way the wharf. The wharf is about two 
 
 hundred feet long. I could see four persons there. 
 
 Commissioner Cohen — Do you know this man John, said to have gone to California ? No, sir. 
 
 Mr. Hunton — I don't recollect distinctly bow far it was you said from the vessel they took hold of tho 
 
 man? The cry was made when they came upon the schooner to "cast off," and they took hold of 
 
 him and run; I run too, alongside. He stumbled on the way; they picked him up, and I don't know 
 but I helped "them to carry him by catching him by the thigh. 
 
 A dispute here arose as to whether the witness said the man stumbled before they took hold of him or 
 after. The defence thought he said "after." The prosecution thought "before." The Court was of tha 
 same opinion as the prosecution, and called upon the witness to say which was right. 
 
 The witness now said it was before they took hold of him. 
 
 Cross-examined by Mr Warfield: How f»r was you from them when they took hold of him'?.... About 
 a yaid. 
 
 Did he say any thing then or on the way to the vessel?... .No. 
 
 Did you hear anything said as they took him along?... .When he got on board somebody said some- 
 thing about "what trouble we have with these drunken stewards." 
 
 Did you see this man from the time he was launched on board the vessel so as to know he got aft?.... 
 1 supposed it was him I saw climbing up the poop. 
 
 Couki you see him after he got on board or not? — No. I suppose he fell on a spar or on his back- 
 side. [Laughter.] 
 
 Well, did you see him after? Yes, I saw him going up the poop. I supposed him to be the same man, 
 
 bacause I saw the white hat. 
 
 Was there nothing said when he was launched on board by any body — by him or those who put him 
 on board? Not a word. 
 
 What made you suppose those who put him on board were his friends?.... Well, I don't know whether 
 they were friends or foes. I supposed he was late, and they were friends helping him aboard. 
 
 You say you heard no words pass. When they got on board did you not hear any words, such as good 
 bye, farewell, adieu, or adios? Not a word. 
 
 You have spoken of a man with a stick — would you know him? He was a stout man. 
 
 Mr. Wa.rfie.ld: Stand up there Mr. Marie. (Mr. Marie did so.) Is that the man? He was the same 
 
 size; he was a similar man. 
 
 Did you ship the steward end cook?.... I shipped a cook and a cabin boy, who acts as steward. 
 
47 
 
 Was the ihip sutircly cast off before the man was put on board? . . . . No; her utern lines were yet fast to 
 the wharf. 
 
 ,i i Capt. McOnnnell ever mention the name of the passeneer to ynu? He did not. 
 
 Did Capt. McConnell ever request you to put this passenger on your shipping articles rs a sailor? 
 
 No sir a few days before, he asked me, previous to making up the list, to leave room for a couple of poor 
 pa» sengers, who had no passports. 
 
 Did he not say that the Spanish Consul had some wish in regard to this- matter? No; all he said was 
 
 the night before the vessel sailed; he said this passenger was a friend of the Spanish Consul, and he would 
 tike lura to come on Loard. 
 
 Did you, or d;d vou not refuse tn leave a margin for one or two pour passengers as a part of the crewT 
 "1 told him I would if 1 could set protections, but 1 had no spare protections," because a small ves- 
 sel like that can only carry two hands without ''protections,'" and the cabin boy and steward had no 
 "protections." 
 
 jMr. Dufour: Say if you have not stated to some person, one or two days after this occurrence, that you 
 
 had seen a d — d rascal of a Spaniard put on board the Mary Ellen? No sir; I did not know whether he 
 
 was I Hitch, French, or Spanish. I might have said a thousand things like it, since this thing has been 
 talked about. Some said 1 got -a thousand doubloons, nod I said I wished I could get it. I would put 
 hundreds on board for it. 
 
 Have you not snid so since the 5th July?... . I've said a good many things. I don't know. 
 The question is a pointed one — have you not stated since the 5th July that "you had seen s d — d rascal 
 of a Spaniard put on board the Mary Ellen?"... . Not that I remember. 
 
 CHAS. DUQUESNY. 
 Is the chancellor (Secretary) of the consul since January, 1847. First heard of Juan Garcia and Vicente- 
 Fernandez on the ltith of May last, when an exorts of one of the Judges of the Tribunal at Havana, was 
 received by the consul in a letter from the captain general. The ciorto was afterwards returned to 
 Havana, when the information desired was obtained. The letter from the captain general, enclosing the 
 exorto, reads thus, translated : 
 
 " I transmit you an exorto from the Alcalde Mayor, No. 4, touching the criminal case pending in rela- 
 tion to the escape of the prisoners, V. Fernandez and Cirillo Villaverde, through the connivance of one 
 Juan Garcia, second jailer of the prison of this city; and in order that justice may have its course, please 
 inform me what can be done concerning these delinquents, who have fled into that country." 
 
 The consul answered the exorto and this letter. The chancellor copied the original, written by the 
 consul ; the original was retained and the copy sent off. The original, translated, was as follows : 
 
 " I return to your Excellency the document, or exorto, that you sent me, for neither the nature of the 
 offence, t'ie condition of the individuals^ nor the laws of the country, will allow me to send them away. 
 Notwithstanding, I think that, with the means I have put pi motion, I will be able to give some better 
 information about the case you have charged me with, respecting ths person who has favored the escape 
 of the prisoners." 
 
 Steps were taken by the consul to obtain this information. Mr. Trescasez came to the office about the 
 ( ml of May. Mr. T. told the consul he was no longer in the police, and the consul answered; " I'm very 
 sorry, for 1 want or am willing to have a watch upon two individuals who have arrived from Havana." 
 
 What next 1 Then he made one or two steps out of the office, and he went into the corridor, where, 
 
 I believe, they remained for two or three minutes. Then the consul came in. 
 
 Hid the consul return into the office with Mr. Trescasez '? No, sir ; he came alone. 
 
 How far is the street door from the door of the office? Perhaps six or seven steps. 
 
 Hid they go up stairs ? Not that I know, sir. 
 
 At the time, did they go up stairs? I was under the apprehension — under the feeling — that they 
 
 were the whole time in the corridor. 
 
 At the time, did they go up stairs together, hold a conversation together, and return? 1 do not be- 
 lieve it. They had time to go up stairs and return, but not to bold a long conversation. 
 
 Do you think the consul would have had time, during that period, to hold the conversation in relation 
 
 to Rey and FernauJez, which he had stated in his testimony? No. 
 
 The names of the individuals were not given to Mr. Trescasez. 
 
 If the names had been given, what would have been their names? Don Vicente Fernandez y 
 
 Juan (iarcia. 
 The Court thought this manner of questioning irregular. 
 
 "Was there information in the office of any other names ? No, sir. 
 
 Commissioner Cohen declared he could not understand the testimony. He did not understand how the 
 witness could know " if the names had been given," what those would be. 
 
 I do not remember when I first saw Garcia. On his first visit I remember as w y ell as can be remem- 
 bered that one day a carnage stopped before the consul's house. A while after, a gentleman whom r 
 had known by the name of Ayala, entered the office, and said to Don Carlos de Espafia, "Garcia is in 
 this port, and is anxious to see you." The consul appeared somewhat displeased. He went up stairs, 
 and came down directly with his coat, dressed. Both he and Ayala went into the carriage. In half an 
 hour they returned in company with Llorente and Garcia. When they were in the office the consul 
 said, "Senor (Jarcia, you have nothing to fear here; this is the office of her Catholic Majesty." 
 '■ Here are the seals of office," he said, and he showed them to Garcia; then pointing to me, he said to 
 Mr. Garcia, "This gentleman is my clerk." Then the consul, and the two persons who were with him. 
 went up stairs into the parlor, where they remained for some time, after which time Mr. Ayala went 
 away by himself, I believe— 1 don't know. 'He was followed some time after by Mr. Llorente and Garcia. 
 That was all that occurred the first time. 
 
 I .-aw Garcia again on the -Jtith June, the day he made the declaration. He and Llorente came to- 
 gether. Both stood at the entrance ef the office. They did not come in. The consul, who was in the 
 office, went up stairs with them — went up stairs with these two gentlemen. Some time after they were 
 up stairs, Mr. Llorente came down in the office and asked me for the seal of office, which I gave him. 
 Half or three-quarters of an hour after, the consul himself came down with a paper in his hand, which 
 he told me to copy, and so I did. 
 
 After Llorente and Garcia went out. the Consul brought down a document with his own signature to it, 
 
4S 
 
 and the signature of Garcia and Llorente, which I copied immediately, and the Consul told me ha sent 
 the original to Havana. The Consul told me two or three days after that he had sent the original off. 
 
 This document, purporting to be a declaration voluntarily made by Rey, of all he knew in relation to 
 the escape of the prisoners, was offered in evidence by the defence, but after a lengthy argument was re- 
 jected, the signature of Rey not being proved. The decision of the Court was as follows: 
 
 "That there cannot be a copy without a pre-existing original. 
 
 "That the existence of any original is not proven, nor its absence accounted for, as the Consul's state- 
 ment and certificate cannot make evidence for himself, nor for any of the co-accused, any more than 
 one of the accused could be heard as a witness in this case, either for himself or lor any other of the 
 parties charged — 
 
 "That, though it has been agreed that Rey's declaration be received, yet such declaration must first be 
 proved to have been made by Rey, and that there is no proof of any original declaration by Rey, of 
 which this is alleged to be the copy — 
 
 "That if there be an original, the Consul could have retained it, and can procure it. It is decided that 
 this alleged copy of Rey's declaration be not received as evidence in this case by the Court." 
 
 I saw Garcia a third time in the Consul's house, on the 3d or 4th July. I believe he was alone. I only 
 saw him cross the corridor and go up stairs. I made out a passport for him. 
 
 The Consul came to me on the 4th of July, between 2 and 3 o'clock, and told me to make a passport 
 for Don Pedro Gruma y Romeo. The witness was positive the name was Don Pedro Gruma, until Mr. 
 Collens observed to him that it was Pedro Murga y Romeo. Witness then said he was mistaken — it 
 was Pedro Murga y Romeo. Counsel for the prosecution objected to the defence prompting their witnesi. 
 
 Mr. Collins replied that the witness was evidently mistaken. 
 
 Mr. Reynolds: You make those mistakes quite too often. 
 
 Witness: I was mistaken, sir, and I told the truth. 
 
 Com. Cohen: Yes, sir; but you never correct those mistakes until you are reminded of them by th9 
 Court, or counsel for the defence correct them for you. 
 
 Witness: The books will be here directly, and they will show I told the truth. 
 
 Mr. Reynolds: Yes, let the books be brought. 
 
 Mr. Fuulhouze: No, sir — never. We shall insist upon the immunity of the books. 
 
 To whom did you give that passport? To the Consul. 
 
 Did you not know the Consul had directions to make out the passport in that name? Did you not seo 
 
 a letter instructing him? He had instructions in a letter I saw from Sefior Sandoval, Secretary of tha 
 
 Captain General of Cuba. 
 
 The letter from Sefior Sandoval was submitted and placed on file. We give a translation, omitting a 
 passage, relating to a civil suit pending against the Consul in New Orleans, in relation to a tobacco trans- 
 action : 
 
 Havana, June 27, 1849. 
 To Sefior Don Carlos de Espafia: 
 
 My Dear Sir and Esteemed Friend : By yesterday's steamer I received your interesting letter, dated 
 June 19th and 20th. I avail myself of the departure of the other steamer to answer it. The point at is- 
 sue requires it, and there is not a moment to lose. 
 
 Should the man spoken of comply with what he has offered, and should you decide to let him come, it 
 will be proper to give him a passport under a supposed name, and to write to me at the same time hi 
 order that we may know it as soon as he arrives, and take all proper measures accordingly. 
 
 In case he has not departed when you receive this letter, have a care to send him here as soon as pos- 
 sible, giving him a passport under the name of Don Pedro Murga y Romeo. I will be prepared from 
 the very moment the vessel enters the mouth of the port, though the receiving of this letter may be de- 
 ferred on account of obstacles in the post-office. 
 
 It is very important that the secret be kept — that all remain wholly concealed — that he accelerate his 
 journey after having furnished you with all the information he can before his departure, and under the 
 seal of secrecy. You must also" advise him as to the conduct he will have to observe during the naviga- 
 tion, in order that he may remain unknown, and that his arrival here be not divulged. 
 
 I will thank you for a few numbers of that Nueva Telegrafo, which begins to speak. I am desirous 
 to know his opinion. You may direct it to me under cover. 
 
 It is altogether false that the general has either sent, or thought of sending his resignation, in any way 
 or manner. He is well and much engaged at work. 
 
 As you have written to me that our man will leave by one of the vessels which are soon to sail for 
 here, I am on the watch for the first which shall arrive. It will be of a great use for us to obtain through 
 this means some important information about the foolish designs of the traitors, and you will have ren- 
 dered a great service. 
 
 At his arrival here he will proceed so that he will have nothing to fear, and in no way be discovered. 
 The quarantine will not impede it. Very respectfully, yours, 
 
 CRISPEN X. DeSANDOVAL. 
 
 Was not that passport made out in accordance with the direction of the letter ? It was, sir. 
 
 Commissioner Cohen : Have you any record of passports, in which evidence of the passport may be 
 
 found ? We have a book of passports, which might be brought into court if they chose, and would 
 
 show it. ,, 
 
 Mr. WarHeld : That is what we have already repeatedly asked. 
 
 Commissioner Cohen : The defence comes in with incomplete evidence ; their chain is imperfect, but 
 it is their right to leave it so as to complete it as they see fit. 
 
 Have you received at the Consulate any other papers in relation to this affair ? Yes, sir. 
 
 Will you please look at this package and state if you recognize it ? 1 do. It arrived here on Thurs - 
 
 day, the 2d of the month, at 8 o'clock. 
 
 To whom was it addressed ? The Consul of Her Catholic Rf ajesty. 
 
 Was it not opened in yoiu' presence ? It was, sir. 
 
 How many papers did it contain ? Three. 
 
 What were they ? A letter from the Captain General ; a letter from Mr. Sandoval, the eectetary of 
 
 the Captain General, and a latter from Juan Gareia the jailor of Havana. 
 
49 
 
 letters were also Weil. The one from Garcia was thai he was made to copy on board the An 
 drew Kiuy, from Sandoval's draft. Here arc the other two letters: 
 
 Secret aria Politica, Havana, July 26, 1849. 
 The Consul of Her (". M. at New Orleans: 
 
 I have received yoiircohfldentlal communlcatioD, dated June 27th, together with the annexed list, of 
 which the individual ineiitinn'-d l>\ jmi is the hearer. I have also in hands the spontaneous declaration 
 which was made before von. and in presence of one witness, by the ex-jailor iu the Royal Jail here, and 
 once a fugitive in your place. 
 £ tell you that for your instruction, as the case may be. God bless you ! 
 
 EL CONDE DE ALCOY. 
 
 Havana, July 27, 1849. 
 Sr. Don Carlos de Espana : 
 
 My />enr sir, and Esteemed Friend: The individual, Juan Garcia has arrived, and is yet in quaran- 
 tine, quite anxious, however, to leave it, as he made known from his arrival. Jlo has had much care 
 to Inform tris Excellency, in writing, and at large, that he ratifies all that he has declared before you in 
 your Consulate ; that he has declared it of his own tree will, in order to obtain, by so doing, his pardon, 
 and that his coming here was with the same view, and of his own accord. 
 He has al.-o sent me the letter herein enclosed, begging of me to sena it to yon. 
 
 There is nothing new for the present. The cholera is going oft", but the yellow fever begins. Very re- 
 • ally, yours, 
 
 CRISPIN X. De SANDOVAL. 
 
 Cross-, xaminedr— Two or three days intervened between Garcia's first and second visit, certainly not 
 more than three days, lie came (he second time on the 26th June, and therefore his second visit was 
 fter the SM June. When Ayala, the consul, Llorente and Rey returned after Ayala told the con- 
 sul that Garcia arrived here, they came in the same carriage Ayala and the cons id went away in. 
 J'.oth Ayala and Llorente were fri quenfly at the consul's house. I do not know if Mr. Ayala bore letters 
 
 i Havana from the consul. I put letters myself aboard the P. Souie from' the consul. On the 26th 
 June, nn hen Llorente, Hey and lite consul were up stairs, it was Llorente came down for the seals. 
 . In your first examinatii n, you said the consul, addressing Mr. Garcia, said Mr. Garcia, you need not 
 
 fear, you are in the o ol the Spanish Consul, Did he appear to be afraid ? Yes, sis ; he appeared 
 
 to be anxious. 
 
 Did you not hear the consul tell Mr. Garcia, on the 26th, that he would send him to Havana the first 
 illy ? — No, sir ; the first time, I heard him tell Mr. Garcia that he had recommended him to 
 i iu general. 1 did not see Mr. Ayala on the 26lh. He sailed for Havana on the evening of the 
 27th on the P. Soule. 
 
 is not the consul now residing-in the house of Puigy J!ir,* in the absence of his family? He dines 
 
 * This, it will be remembered, was the house in which Llorente was found secreted, by the police. 
 there very often, and 1 rind him there whenever I want him ; but I don't know if he resides there, be- 
 cauSe I do not sleep in the house. The consul told me he could be found there if he was wanted. 
 
 The exorto was received the 16th May, and answered the 1st June — was it before or after the answer 
 Mr. Trescasez was at the house 1 — I think before. 
 
 Don't you know, now, that both Trescasez and the consul went upstairs? No, sir, I'm sure they 
 
 did not. 
 
 You are sure ? That is my impression. 
 
 We do not want your impression ; we want what you know, sir. You .say they did not go up stairs ? 
 .... No, sir. 
 
 Was M r. Trescasez at the house ever before ? He was, more than six months before. 
 
 Commissioner Cohen : — If they had gone up stairs, are you sure they could not have gone unknown to 
 yon, sir'.'. . . .No, sir, Fm not sure ; that was my impression. 
 
 Cross-txaminMion returned — Did Mr. Garcia, on his last visit, on the 3d or 4th of July, come to the 
 office alone '.'. . . . Yes. sir ; I saw him pass the office. 
 
 He did not ask whether the considywus up stairs or not? No, sir ; he passed through the corridor 
 
 without saying an\ thing. 1 was walking up and down my office. 
 
 Didn't look at you V He did not. 
 
 Was he in the "corridor, or was he turning the door? In the corridor. 
 
 The consul has told me he has written some private letters to those who sent the exorto, asking the 
 pardon of Rey. I think he told me so in the beginning of June, some days after ho returned the a qrto 
 The letter concerning the passport was received on the 2d or 3d of July. I do not know when an answer 
 was sent. I did not copy it. The consul hunself makes the reservada (copies of private letters,) and he 
 made a reservada of that letter. Captain McDonnell goes to the office every time he has a vessel to 
 dispatch. He was at the consul's house last, from 1 1 to 2 o'clock, on the 5th July. He came alone. 
 
 Vim were aware, when yon were drawing out the passport for Garcia, in the name of Pedro Murgo y 
 Romeo, that it was a false passport ? You may call it so. 
 
 That the name was fictitious ? Yes, sir. 
 
 The description corresponded to Juan Garcia? As well as I can remember by the description given 
 
 me b\ the consul. The consul had the goodness to tell me what I put, and told me all 1 did not know 
 myself. He stood by my side while 1 was writing. 
 
 When did 3 on write the passport? On the 5th July, between two and three o'clock. 
 
 We next come to the testimony of the subordinate officers and the crew of the Mary Ellen. It is ex- 
 ceedingly voluminous, but of little consequence. None of them, except Coleman, the chief mate, would 
 acknowledge they knew anything of the manner in which Rey was put aboard. Their testimony through- 
 out, was looked upon with suspicion; When they were brought up to be examined, they were separa- 
 ted, on motion of the prosecution. The officer who had them in charge testified that while they were in 
 the room, two of them were walking up and down, and one of them asked the other, " Were we to say 
 we did, or did not, know his name ?" The officer did not hear the reply. This shocking disclosure 
 G 
 
50 
 
 of the horrid drill of subordination deprived their testimony of any weight whatever. Not one of themv 
 according to their own statement, not even the first or second mate who ate with Rey at every meal, nor 
 the steward, who served at the table, knew his name, or ever heard it mentioned by the captain, or any- 
 body else. The second mate being asked how Rey was called by the steward, who was himself a 
 Spaniard, to his meals, replied " hombre come to breakfast !" 
 
 Their testimony in relation to the pussage is corroborative of that of Rey. He had the liberty of 
 the vessel, they said ; was on deck when the pilot took charge of the schooner, at the mouth of the river 
 and was transferred to the Andrew Ring in the manner, he himself, relates. None of them saw any 
 baggage brought on board with or for him, and the stewaid and officers said he had none. Coleman 
 swore that Rey in company with another man, very like Llorente, was on board the schooner on the 
 afternoon of the 5th July, about four or five o'clock, before she was moved to the Third Municipality, 
 from the First Municipality and applied for a passage, to which, Coleman said, he replied : " He could 
 receive no passengers ; his orders were against it." Being asked by the court to- render this into Spanish, 
 the language in which he said the conversation took place, he was unable to do so, but said his reply was 
 " no quiero pasagero" (I do not want a passenger.) This witness also declared that he entered the cabin 
 a few minutes after the vessel left the wharf, and proceeded to sea, and found Captain M'Connell and Rey 
 sitting opposite to each other at the table. Between them were some papers, one of which witness took 
 up and found it to use his own language " a real Spanish passport" for one Pedro Romeo. This informa- 
 tion, about the genuineness of the passport, was given without his being questioned on the point, and his 
 " willingness" being observed by the court he was examined as to howhe knew it to be a real Spanish 
 passport, and it appeared he only glanced at the paper for a moment, saw the name of Pedro Romeo and 
 the Spanish Coat of Arms, but did not see the signature, nor read any part of the paper. The " willing- 
 ness" of Coleman and his capital memory were subjects of frequent comment not only with counsel, 
 but also with the court, during and subsequent to his examination. This is the man Rey charges with 
 preventing him from jumping ashore His testimony went to show that Rey went on board the schooner, 
 arm and arm, with two friends. The steward was on board the whole afternoon, and during the time 
 the vessel was at the lower wharf. He, therefore, couid not be the " drunken steward" spoken of. 
 
 JOHN RICHARDSON. 
 Is a pilot at the Balise. Took the Mary Ellen out over the bar on the morning of the 6th July. Wag 
 on board about an hour and a half. My boat was part of the time alongside, part astern. I saw two per- 
 sons, I took to be passengers. fWitness here described one of them, which description answers in general 
 to that of Rey.J I noticed him (Rey) particularly. This passenger, while I was on board, was part of 
 the time on deck. The captain inviied me down to breakfast. I told him I could not go, and then the 
 passengers went down with the captain. Both passengers went down to breakfash After I got the vessel 
 out to sea, I went down myself to get my orders. I saw all the three then at breakfast- 
 Did you notice anything of constraint of liberty ^... . Be 'Rey) did not appear to be concerned more 
 than any body else. He appeared to be very observing. 
 
 JOHN COOK. 
 Resides at the corner of Ferdinand and Levee streets. Was on the wharf when the Mary Ellen left. 
 Being in the Cotton Press coffee house, I called for something to drink, and while I was drinking, I believe 
 three or four men came in at the time. Well, there was one of the men that was drinking appeared to 
 have a great deal of talk. He appeared to be anxious, and was swinging his arms, and was going on 
 that way. 
 
 Did he have specs on ? I think he did— indeed I'm positive he did. He had a piece of money in his 
 
 hand, I think it was a quarter of a dollar, and he put it down to pay for the drink. After I drank I went 
 over on the Levee by the Mary Ellen. There was word passed t^Captain McConnell, from the steam- 
 boat, "if he was ready?" Captain McConnell said he was waiting for a passenger, and that he was 
 ready, or woidd be ready to shove off. About the time he spoke some one answered the passenger was 
 coming. Well, some one on board the schooner, I don't know who, said if he don't be quick he'll loose 
 his passage— I'm going to let go — I can't wait no longer, and for to help him, or he would loose his pass- 
 age. Then 1 saw three or four or five men — three or four with him — the night was dark and I couldn't 
 tell exactly, helping him— they took hold of him and they helped him on board. 
 
 Describe how that was done They took hold of him »ud lifted him on board, and I suppose — 
 
 Mr. Cohen : Don't tell us what you suppose Well, sir, they were putting him aboard as I've seen 
 
 hundreds of others before. 
 
 Commissioner Cohen: Well, don't tell us what you saw before, but what you saw then They pass- 
 ed him aboard. I saw him after, stauding on the deck with his hat in his hand, making motions with it. 
 I saw him trying to get on the top of the cabin, and then they let the vessel go. I did not hear anybody 
 speak. I recognized among those who were helping him, Mr. Smith, Charlie Rogers, and two others 
 I did not know. The party was about 20 feet from the vessel when 1 first saw them. 
 
 Mr. H union: Did they lift him up, or in what position was he? They were walking up towards the 
 
 vessel, and he was walking with them, until the word was given to pass him aboard. 
 
 And how did they pass him aboard? They lifted him up. 
 
 Did he step over, or did they throw him over ? There was no throwing over about it ; his feet were 
 
 put on the rail, and he stepped on to some cargo on the deck. 
 
 Now, sir, will you tell us whether they took hold of him by the legs or arms? Some took him by 
 
 the legs, some by the arms, and they lifted him bodily. 
 
 Cross-examination — Was not the man carried from the Levee, on the wharf, up to the schooner ?. . . .. 
 No, sir. 
 
 Did not the captain sing out " put him in the cabin?" I didn't hear no such word. I heard him 
 
 ring out " bring him aft." Some one said so ; I don't know whether it was the captain or mate. 
 
51 
 
 Justice Bright : Listen well to the question; inuke up your mind, and answer deliberately ; don't 
 
 change your answer alter you have given it 1 saw Eagle on the 'wharf. I was speaking to him a 
 
 minute or two before. He was about ~0 feet from the niau when he was picked up. He came up with 
 the man, and followed as tbo others did to tlio edge of the wharf. When Eagle and 1 spoko we were 
 febout6 or 7 feet from the vessel. 
 
 How did you know it was the captain that answered the steamboat ?..../ never said it was the 
 captain ; I said some body onboard; it might have been the captain or mate, or some body of that kind. 
 
 What was said on board the steamboat?... .Some body on the towbuat, I suppose it was, sung out, 
 '•captain, are von ready 7" 
 
 Was that what was said ? They said, " Captain M'Connell, are you ready V 
 
 Justice Bright again enjoined upon the witness to be more particular and positive in his answers. No, 
 more questions were put to him. 
 
 JOHN RING. 
 
 I am the runner of John C. Smith. X was on the wharf when the Miry Ellen went off. I first saw 
 the passenger who was pui. on board about half past eight, on the levee close to the wharf. He was 
 standing up to the best of my knowledge I couldn't tell if he was speaking ; be was too far off. I wag 
 standing about the centre of the wharf. There were three or four with him. Next thing I saw wa3 all 
 of them coming towards the vessel, together. 
 
 Did he walk ?... Well, 1 couldn't say positively. 
 
 Hid you distinguish him from the others ?. .. . No, sir, I slewed round and went towards the vessel. 
 
 Commissioner Cohen : — Who do you mean by ''him ?" ...I mean the passenger. 
 
 Was there anything peculiar about his dress ?... .No, sir, nothing peculiar. 
 
 Direct Examination : — You say you slswed round, what did you see next ? I saw him aboard, 
 
 ( ommiasioner Cohen. : — Who do you mean by " him V 1 mean tli3 passenger. 
 
 How did you know he was a passenger ?....l heard them cry out. 
 
 Direct. Examination Resumed : — Was it the same man you saw standing on the levee, you saw on the 
 vessel? Yes, sir, I rather think so. 
 
 What did he do ? He walked aft. 
 
 Didn't he go down in the cabin ? I rather think he did. 
 
 Commissioner Cohen : — (Addressing the clerk) — Don't put that down. It is a leading question. We 
 have had enough already of the witnesses " rather thinks so. 1 ' 
 
 I taw Mr. Ortononthe wharf that night. He was betwixt and between drunk and sober. It was 
 about ten minutes after the passenger went on board, I saw him. 
 
 Cross Examination : — I had a conversation with you (Mr. Dufour) after Morante's affidavit was mado 
 about what 1 had seen. 
 
 Was not Captain Smith absent from the city at the time I had the conversation with you ? Yes, sir. 
 
 This conversation took place in my office 7 Exactly. 
 
 Didn't you tell me, sir, that the man you now call a passenger, appeared to you to have been crowded 
 forward into the schooner 7....1 did, sir. 
 
 Didn't you tell me, sir, that this seemed to you " very strange ?''.... Very likely. 
 
 Didn't ycu tell me, sir, tint you asked the persons who were crowding the man, who he was, and that 
 oo answer was given 1 Yes. 
 
 Didn't you mention. the nnir.e of Captain Snnth as one of the number? I mentioned him particularly 
 
 Amongst other things, didn't you ask if he was a passenger, and that no answer was given ?.... Very 
 likely. 
 
 Had "you sfen Mr. Orton before that night? He was a perfect strarger to me. 
 
 Did you converse with him on that evening? I did not. 
 
 How do you know the man to whom you allude is Mr. Orton ? If I see a man's face once, that's 
 
 enough ; I can always kuow him after. 
 
 WILLIAM ROBINSON.— (A Second Municipality Policeman.) 
 
 Icnn't say I was a passenger on the Mary Ellen, the last trip. I was on the articles, with a fictit'ous 
 name, and was entered as the captain's clerk. This fictitious name was put on for the purpose of getting 
 a passport. I went on board on the 5th July, between one and two o ; clock in the day, and during the 
 afternoon was some times on board, afd some times ashore. I don't know what time I went aboard the 
 vessel, when she went down to the Third Municipality — it was some time in the evening. Never saw the 
 Spanish passenger until he was a few feet from the vessel, being put aboard. 
 
 How Was he put on board, or how did he come on board ?... He was carried on board. 
 
 Was he thrown on board, or was he carried after being aboard ? ...No, sir. The cook had just coma 
 on board, and they apptared to be in a great hurry casting off the lines. 
 
 You say he was carrisd on board. How far was he carried beyond the rail ? Was he carried any 
 further or was he set down on his feet ?.... He was set down on his feet, sir. 
 
 How near the rail was he set on his feet ? The rail and the wharf appeared to be near a level. 
 
 Well he was set on his feet just by the rail? ... .Yes, s;r. 
 
 D.d uny body cry out to the captain " there was a pas enger," or any tiling of that kind ?....Some 
 psrsoDS cried out, I think, " hold on,'' I don't know who they were. 
 
 Well, what was said then ? 1 didn't hear a word from none of them, sir. 
 
 Was he carried any further ? Yes, sir, s»me body cried out, "take him into the cabin ; put him 
 
 hslow," and the vessel cast right off. 
 
 Was it ." let him go down below," or " tike him into the cabin ?" They said let him go down below 
 
 and he walked right down in the cabin ; two of them, I think, shoving him by the shoulder, and they 
 jumped ashore. 
 
 Justice Bright .—Did you say, sir, that they jumped ashore? Yes, sir. 
 
 Direct Examination Resumed : — Did they walk down to the cabin with him? No, sir. 
 
 How far was tue cabin door from the place they put him on board 7 Not very far. I could not say. 
 
 Say how far?... I could uot say — perhaps three or four steps. 
 
 On the passage witness observed no constraint on Rey : he manifested no reluctance to leave the vessel. 
 when he was sent on board the Andrew Ring ; he shook hands both with the witness and the captain, and 
 was on the passage very friendly with Capta'n M'Connell, frequently laughing and joking with hiuj. 
 Never heard his name. He did't talk English and witness couldn't talk BpaniiL. 
 
■ 52 
 
 When did you first hear that a passenger was to go on the Mary Ellen ?. .. . Never heard it at ali until 
 I saw him coining aboatd. 
 
 Were you on hoaid the Mary E len, from three to four the evening she left ?. .. . Well, I can't say ; I 
 went ashore often. 
 
 Where were you standing when this passenger was brought on board 1.... I was standing on the quarter 
 deck when they had been taking the cook on board. 
 
 Did you see this passenger bsfore you went on boa'd ? No, sir. 
 
 Did you ever hear his name ? No, sir. 
 
 Did you enquire?.. ..No, sir. He couldn't taik English and I couldn't talk Spanish. 
 
 I thought you might have enquired of the captain ? No, sir, 
 
 JOSE RAMOND De AY ALA.* 
 
 I know Llorente, and know Juan Garcia from the moment he and Vicente Fernandez, arrived in New 
 Orleans, fugitives from the Havana jail. Garcia first lived at Mrs. Taylor's boarding house, on Canal 
 street, next at La Corrina, and last at Morante's. He was known here by the name of Francisco Rey. 
 
 Had you any conversation with Garcia? On several occasions. 
 
 What did Garcia say to you about Fernandez in those conversations ? The Fernandez that went to 
 
 Mexico? — Yes... ..Garcia complained bitterly of Mr. Fernandez going away, leaving him here aban- 
 doned in a strange country, when he (Garcia) had liberated him from ten years' imprisonment. Fernan- 
 dez, he said, had promised him a large amount of money, ten or twelve thousand dollars, which he had 
 not received. Fernandez, he said, told him he left here on account of a suit about a lottery ticket which 
 •was pending, and which required Garcia's presence in New Orleans, as Mr. Fernandez's brother had 
 given a bond of §500 for his appearance. He recommended him to his (Fernandez's) brother to send 
 him over to Mexico to join him as soon as the suit was settled. The suit about lottery tickets was brought 
 before Recorder Baldwin.! 
 
 It was Llorente brought Rey to Morantes. 
 
 He was fearful he would be murdered at the segar store, La Corrina. There were many fugitives here 
 from the Havana jail who knew him. Fernandez had suggeste d to him that he might be murdered, and 
 had prohibited him from talking to any person. It was this which caused him to be frightened. 
 
 Witness : I wish to explain something I consider essential in relation to this matter. 
 
 Llorente consulted me on the propriety of moving Garcia from the cigar store, as he was so frightened! 
 he was afraid he would loose his senses. I told Llorente I thought it was very proper to do so, and 
 approved the suggestion to take Garcia to Morante's. 
 
 VVnar did Garcia say to you when he first spoke of returning to Havana ?....He said he wanted to 
 sae the Spanish Consul to get his pardon, and go back to Havana in that way. 
 
 What next?.... After being at Morante's he was taken sick. 
 
 What next ?... .Mr. Llorens (this is the correct spelling of Llorente's name) called on me and 
 told me Mr. Garcia was very sick, and I said I would like to go with him to visit Garcia's room, he 
 told ms " I am very sick, and I would like to see the Spanish Consul." He requested me to bring 
 the Consul to him. 
 
 What next ?....I replied to Garcia, that it being such a rainy day, I thought it would be difficult 
 to get the Consul to go to see him. Being urged by Garcia, repeatedly, I agreed to go for the Con- 
 sul, and leaving Mr. Llorens with Garcia, I went >o the Place d' Armes, and there took a carriage. 1 
 went in the carriage to the Spanish Consul's office. I told the Consul what Garcia said to me. The 
 Consul replied that he could not go as Spanish Consul— in his official character— to see Garcia, for 
 he was wall acquainted with the laws of the country. As I had seen Garcia fretting so much, I said 
 to the Consul, I did not call upon him as the Spanish Consul— as an officer of his governments— but as 
 a mere citizen, an individual. Upon which the Consul agreed to go with me in the carriage. We ar- 
 rive! at Mr. Morante's house, where we met Mr, Llorens with Mr. Garcia. Garcia wanted to relate to 
 the Spanish Consul something about Fernandez going away and leaving him (Garcia.) Upon wbjicli 
 the Spanish Consul said, " I did not ct.me to see you in my official character as Consul, but as a mere 
 individual, as a friend." Garcia then entreated the Consul tu hear him. Upon which the Consul an- 
 swered, " he could not unless it was at his own office." Garcia replied he was ready to go with the Con- 
 sul. Then Mr. Llorens, the Consul, Garcia, and myself entered the carriage. After arriving at the 
 Consul's house, 1 paid the driver two dollars and retired. 
 
 Did Garcia tell you, after, what occurred in the Consul's ? — N*sir ; this happened between the 22nd 
 and 24th of June, I believe. I was preparing to go to Havana, and left for that place on the 27th. I 
 saw Garcia ona or two day3 before I left, in a coifee house on St. Ann street, between Royal and 
 Bourbon. Garcia told me he regretted very much he was not going with me. That although he 
 was sick he was not afraid of going on board. He added that lis expected to see main Havana in 
 a f. w days. (After a pause) : I have a few words to add to tha declaration of Garcia. On the af- 
 ternoon we had been at the Consul's office, I met Garcia, and he said he felt very bad and was willing 
 to take brandy, and ice cream, or anything. The witness was going to state Garcia's desires, as expres- 
 sed in their interview, when he was interrupted by the Court, who deemed his story, touching this 
 matter, irrevelant. 
 
 Did he say anything about having made a declaration? No, I did not make that statement to 
 
 add anything to Garcia's declaration ; 1 only stated to show that 1 accompanied Garcia to Morante's 
 house. 
 
 Did he say anything to you, after you were at the consul's house, in relation to his declaration made 
 before the consul ? 
 
 Mr. Dufeur: We object to that question— it is a leading one, and of course the witness will say yes. 
 He shows a remarkable memory, and even recollects Garcia talking to him, months since, about brandy 
 and ice cream that he wished. The witness, therefore, needs no prompting. 
 
 The Court directed the question to be put in this manner, and it was so put : 
 
 *This man, of whom Rey has occasion to speak frequently, was a fugitive from justice from Havana, 
 charged with the murder of a relative. He was in Mexico at the tune our army invaded it, and it is said 
 was employed as a spy by both Americans and Mexicans. 
 
 t The case referred to here was a dispute about a lottery ticket, brought before Recorder Baldwin. All 
 the parties were discharged, when the examination was had. Rey had no concern in it. 
 
53 
 
 Do you recollect Garcia talking to you at any other time In relation (o what occurred at the consul's * 
 .... I natl a great many conversations with him, but it is over a month since, anil 1 do not recollect all 
 he said, nordo I know what parts of the conversation are important. 
 
 Had you any conversation with Garcia in relation to the pardon? I had no other conversation with 
 
 GBrda on thai subject, about what the Consul said to him, except what 1 have related. 1 did not even 
 call at thf residence of Garcia. 1 called at the chocolate shop of Mr. Morante, but not at Ids dwelling. 
 
 Did Garcia give you any reason why be expected to meet you at Havana? Yes, he said he ex- 
 pected to be pardoned by the Spanish Consul. 
 
 Have you seen Mr. Garcia write ?. . . .Often — 1 have seen him sign his name in particular very often. 
 
 What did you see him sign specially so often"? 1 saw him sign letters to persons in Havana, con- 
 nected with the failure of Pedro Blanco &. Co., asking for money. / wrote the letters and lie signed 
 them. 
 
 Hid Garcia make an] threats to those people in those letters? 
 
 Sfes, sir, be said in all those letters, that if the persons to whom they were addressed did not send 
 turn the money Mr. Fernandez promised him, he would make a declaration before the Spanish Consul, 
 exposing them, and would go to Havana himself. 
 
 [The witness was handed the letter Rey wrote from on board the Andrew Ring to the Spanish Consul, 
 and he identified the signature. That was the object of the examination in relation to Key's writing.] 
 
 Cross- Examination : You said that when you asked the consul to go to Garcia, he said he would not 
 go in his official character, because he knew the laws of the country. Where did this conversation take 
 place 7 In the office of the consul, in the presence of his chancellor. 
 
 Before th^ consul wentout to see Garcia, did he do anything in your presence 7 ...The consul at first 
 persisted in refusing to go. I then told him that Garcia seemed to be much worried. The consul put on 
 his coat and went out. 
 
 You say Garcia told you, when he said he expected to meet you in Havana in a few dsvs, that he ex- 
 pected to be pardoned by the consul. When did that conversation take place 7... . It was either on the 
 24th, 25th, or 26lh (June.) A few days before my departure. 
 
 Are you not well acquainted with the Spanish Consul 1.... I have known him by seeing him since 
 August last. It is only since June last I have known him personally. Llorens introduced me on the 16th 
 June last. 
 
 Are you not the person who soiled on the P. Soule on the 27th June last 7.... Yes, I am. I took pass- 
 port under the name of Jose Augustin Dias. 
 
 Mr. Dufour : Ah, ha ! The witness has anticipated me. Tell the witness, Mr. Gomez that I do not 
 wish any more from him that is not in answer to my questions. 
 
 Is that your n tme ?.... No, sir. That is the name 1 took to go to Havana. 
 
 Hid not the consul, on that occasion give you a letterto go to Havana "!.... He did. 
 
 Did not the consul give you money 'o make that trip 7 He did not. 
 
 Have you not said to anybody you got money from the consul to make that trip to Havana 7... . No, sir 
 If any body has said so, it is false. 
 
 Hid you not returu to this city on the P. Soule, which arrived yesterday 7 Yes. 
 
 Wheie did you remain while the P. Soule was in the port of Havana 7 While the P. Soule was in 
 
 quarantine, I remained on board. That was eighteen days. On the 22d July, I vvem ashore. 
 
 Where did you remain while ashore 7... . I desire to make some explanation before I answer. 
 
 Mr. Dufour ; Never mind your explanations I stayed in a house. 
 
 Mr. Preanz : Let the witness now explain. 
 
 Commissioner Cohen: On the cross examination, a witness must answer the question first, and give the 
 explanation after. 
 
 Mr. Collens : He has given the answer — now let him give the explanation. 
 
 Justice Bright : I consider the answer an evasion of the question. 
 
 Wit ess : l arrived in Havana ; I met my sister : having been absent sixteen years, the houses and the 
 people I found entirely new ; I found new buildings everywhere ; I called upon my sister, brother-in-law 
 and niece. After being about five minutes with them, a person who is unknown to me invited me 10 ac- 
 company him ; took me to a house and lodged me in a small room, where everything was provided, bed- 
 ding, boauhng, itc. There I remained live days, when the same person who took me there came for me 
 and took me on board the P. Soule I am related so the whole island of Cuba. 
 
 Did you not feel curious to know what house that was 7. ... I did not. There is no use in askins that 
 question — it is nonsensical. 
 
 Djyott not know that house is the jail of Havana 7 It is false that I have been in the jail of Hava- 
 na. In passing by the Moro, I have seen the new jail of Havana— it isavery large and beautiful building. 
 
 Were you not actually confined in that house you were in 7.... I was warned not to go out, bylthe 
 person whe took me there ; as it was my own interest to keep myself concealed I did so, and therefore 
 did not go out, as I knew they were looking for me, and that I was much sought for. 
 
 Was that house a public house or a private house 7 In my opinion, it was a priyate house. 
 
 Who was the persoD that cautioned you 7 The same person that took me to the house and led me 
 
 on board the vessel. Doctor Palmieri, who went with me on the P. Soule to Havana, and resided with 
 me two days at the house of Callejas, had been constantly iusulting me on board the vcsel, at quarantine, 
 and as he heard me always called by my real nanie, '• Ayala,'' he (the doctor) stated in Havana that it 
 was not Jose Augustin LMas, who came on the vessel ; it wis Jose Ramon Ayala. When 1 went to my 
 brothef-in law's house my sister said tome — 
 
 Mr. Dufour : We object to any such relation. If it is allowed, we shall never come to a conclusion. 
 The vvituess' family, he says, covers the whole island of Cuba, and if he is allowed to go on relating his 
 conversations with this immense family, we shall never have an end of this investigation. 
 
 Mr Collens : The gentleman appears to be anxious to know all about the witness. Why not let him 
 go on. 
 
 Mr Dufour : (With emphasis ) I know too much about him. 
 
 After some further conversation, the court decided that the witness, after answering a question, had a 
 right, within reasonable limits, to give his explanations. The witness then went on ; 
 
 When 1 went to my brother-in law's house, be said, " I will recommend you to a person who will ad 
 vise you what to do. Be guided by his counsel. Hs will take you to a place and conceal you. 
 
 Do you Know ir.e name of that man 7.... I was told the name, but I do not remember it. 1 only saw 
 blm the day he took me to the house, aid the day he took me from it to the vasse!. 
 
54 
 
 Commissioner Cohen : Do you understand English ?. . . .Yes air, when it is spoken very slowly. 
 
 Was not this man either a soldier or an officer of the army 7. ...He was not dressed as a military man : 
 He was dressed a a citizen, and haa nothing with bim but a silver headed cane. He had no arms. 
 
 Do you not know that no one but officers or policemen carry these silver-headed canes in Havana ?. . . . 
 I do not know it, but it is a custom adopted since [ left Havana, sixteen years ago. In my time the police 
 officers were distinguished by silk tassels on their canes. 
 
 To whom was the letter the consul gave you addressed — was it to the captain- general?. .. .No, sir. 
 
 To whom thon 7. .. .To Senor Sandoval, (the captain-general's Secretary.) 
 
 Hid not you give that letter to Senor Sandoval 7 Two days after the arrival of the vessel, the Board of 
 
 Health's boat came along side the vessel, and Dr. Orta, the Quarantine physician, gave me a note from 
 Senor Sandoval, saying that — 
 
 Mr. Hunton : Have you got the note 7. . . .No, sir. 
 
 Witness continued : I received a note from Senor Sandoval, saying that I, under the name of Dias, was 
 th° bearer of a letter which he requested me to send, and I enclosed it with my answer to Senor Sandoval, 
 and handed it to Dr. Orta. 
 
 Mr. Hunton : Did you see Senor Sandoval while in Havana?. .1 did notsee him, and do not know him. 
 
 Had you any correspondence with him ? None, except what I have mentioned. 1 had a conversa- 
 tion with an old acquaintance of mine from Vera Cruz, whom I met at the Place d'Armes — 
 
 Mr. Hunton : I do not want tn know that. I only wanted to know if you had any conversation or 
 correspondence with the authorities of Cuba 1 .... I had not. 
 
 Was you aware before you left Havana that this investigation was going on?.... The day I embarked 
 on the P. Soule, I was informed by the man whoput me on board, thatthe report was here (New Orleans) 
 that Rey had been taken to Havana by force, and that there was a g*eat fuss here about it. 
 
 Com. Cohen: When did you hear that? lwenton board on the night of the 27th, and 1 was told 
 
 this on the morning of the 28th. Every body coming on board— all the passengers were talking about it. 
 The witness, being about to retire, said : I have a great deal to say about Garcia, and when the Court thinks 
 proper to call on me, I can be found at Senor Callejas. 
 
 Commissioner Cohen : Why, your name being Ayala, was your passport made out in the name of Di- 
 ss?.... I would not go in my own name, hscause I had a fatal renconter with a cousin of mine, on the 
 road, and the prosecution was still pending against me. 
 
 Had you your passport from the consul or his chancellor ?. . . .From the consul himself. 
 
 Did the consul know your name was not Dias?.... He knew my name was Ayrla, but he gave me the 
 passport because I wished to go to Havana, and in concealment, to endeavor, if 1 could, to obtain the ben- 
 efit of the general amnesty lately declared by the Queen of Spain. I have about §50,000 worth of proper- 
 ty in Havana, and have two children there, one of whom was born after I left, and neither of whom I yet 
 know. 
 
 The rebutting testimony of the prosecution now comes and closes the compilation. 
 THOMAS J. BURKE. 
 
 I have know J. M. Laborde five or six years; we have lodged together, slept together, and been on 
 Intimate terms. [The witness was handed the paper which Laborde furnished him for the Delta, and 
 which Laborde swore he wrote as a hoax — " a lie from beginning to end."] Mr. Laborde gave me that 
 the day after the first article, in relation to the case, appeared in the Delta, and four or five days before 
 the Consul was arrested. The night before I obtained this paper, Mr. Laborde told me he had all the 
 facts of the case written out for the Delta, but on account of the intimacy that existed between his 
 uncle and the Spanish Consul, he had torn it up. The next morning 1 went to the Delta office, and told 
 Mr. Maginnis of the conversation. He requested me to go and see Laborde, and then I got that docu- 
 ment. Mr. Laborde wrote it in my presence, and, when he gave it to me, he said the Delta had already 
 published all the facts of the case, and he had but very little to add. 
 
 Are you a " sort of printer's devil about the Delta office? I have never been employed in the 
 
 office. 
 
 Cross Examination. — Mr. Maginnis is of the Delta office, is he not ?. . . .Yes, sir. 
 
 L. F. ARDREY. 
 
 I am a member of the Bar. I know John Cook, who has testified here, and have known him for sev- 
 eral years. His reputation for truth and veracity, is of the very worst description. I would not believe 
 him on oath, under any circumstances. His character is notorious in the Third Municipality, and part 
 of the First. 
 
 W. H. WILDER. 
 
 I am a member of the Bar, and an Alderman of the Third Municipality. I know John Cook. His 
 general reputation for truth and veracity is very bad. I would not believe him tinder oath. 
 
 Cross Examination. — I have heard speak against his character, Daniel Kennedy, late captain of the 
 guard of the Third Municipality ; Mr. Guirot ; F. P. Nogues, secretary of the Recorder of the Third Mu 
 nicipality ; John McCaffrey, lieutenant of the guard of the Third Municipality ; Francis Siewerson, John 
 Jones and Edward Meehan, late alderman of the Third Municipality ; alderman Collins, Flanders ; Mr. 
 Bertrand, of the Third Municipality police, and numbers of others. I have heard them speak of him, 
 from time to time, the last two or three years. I heard Mr. Flanders, when Cook was appointed inspec- 
 tor of election, say he would not sit beside such a man. And, on another occasion, Mr. Flanders said 
 when Cook was arrested, that he wa9 eternally up before the Court, he was a perfect nuisance, and was, 
 constantly bothering the Municipality. I will remark for myself, added Mr. Wilder, that Cook is eternally 
 in the hands of the police. 
 
 THOMAS McGOVERN. 
 
 Mr. Dufour : Before examining the witness any further, I will say, in justice to Captain Smith, who 
 is now out of town, that he acknowledged to me after he had testified, that when he was being exam- 
 ined he forgot to mention all that Captain McConnell had said in his presence, on the evening of the 5th. 
 It is to supply that omission we call on Mr. McGovern. 
 
 Mr. Collens : Why not produce Captain Smith himself ; where is he ? 
 
 Mr. Dufour : I don't know, I presume the Spanish Consul can tell. 
 
 Relate what Captain Smith said in relation to what Captain McConnell said to him concerning Rey, oa 
 the evening of the 5th. 
 
DO 
 
 Wo had a conversation in a coffeehouse on the corner of Churtre* and 6t. Peteru streets, one afternoon. 
 Afur we had been speaking there sometime, Mr. Urton came up to us, and joined in the conversation. 
 Ho asked Mr. Smith if he did not recollect what Captain McConnell said. Mr! Smith said yes. He asked 
 him if he did not recollect that when Captain McConnell was hailed from the steamboat he replied that 
 "he was ready, and could not wait any longer, and if the cook did not come Boon, he would get the 
 Spanish Consul's man to cook," to which Captain Smith said yes. 
 
 CONCLUSION. 
 
 The reader has now before him Key's statement, and the evidence taken in the preliminary investi- 
 gation. At the outset, it was our purpose to review and compare them in detail, and show, in as brief 
 space as we could, tho striking coincidence of both, in every material point. After reading and re- 
 reading the testimony before the Court, however, we have abandoned this design, feeling confident that 
 no intelligent man can rise from a perusal of the complete chain of testimony there presented, without 
 a conviction that one of the most flagrant outrages ever committed upon a nation, great and powerful as 
 this Republic, has been perpetrated by the Captain General of Cuba, through the agency of Don Carlos 
 de Espana. With the revelations of Key himself, and with the declarations of Morante, Trescasez, Car- 
 eno Dabelstein, Charlie Rogers, Orton and Yeoward, there is an array of facts, a weight of proof that 
 crushes, and flattens out to transparency the corruption and subornation of the miscreant, whom un- 
 faithful guardians of the law, abandoning the nation's honor, would usher from the Star Chamber with 
 the phylacter of innocence on his brow, and threaten a prosecution of patriotic citizens, who indignantly 
 tore from him the befouled endorsement that would veil his guilt. 
 
 In the very opening correspondence between El Conde de Alcoy and Carlos de Espafia, in relation to 
 Villaverde, Fernandez and Key, there is proof of evil designs upon those men. The Consul is requested 
 to keep them under his siirveil/anoe. For what purpose ? Whatever he might hope to do with Rey, he 
 could have no expectations of inducing the return of the other two, for there could be no object in the 
 inducement but punishment. This could not be done legally, because there is no treaty for the extradi- 
 tion of prisoners between Spain and the United States. How was it done r Villaverde was beyond the 
 Consul's reach ; he was in New York. Fernandez and Rey were in New Orleans. The Mexican Consul 
 ■was requested to inform his brother Consul whenever they applied for passports. De Espafia suggests 
 to the intimate friend of Fernandez to advise him not to go to Mexico, because there Spanish authority 
 could reach him. It was desirable to keep him in New Orleans ; but he scents danger in this unexpected 
 concern for his safety, and Hies to the very country his magnanimous friend would have him avoid. Rey 
 is now the only bird to ensnare. 
 
 Did Rey leave the country' voluntarily ? He is here ; he says not. In two letters, written at different, 
 periods at the Havana quarantine, to the American Consul he says not. If he was returuing voluntarily, 
 with the promised pardon of the Captain General, intending to denounce the parties who aided Villa- 
 verde and Fernandez in their escape, why was he cast into a dungeon, and fed on red beans and rice 
 instead of being reinstated in his former position ?" Why was he denied communication with the Ame- 
 rican Consul? Why were his letters to General Campbell intercepted, and opened? Why was General 
 Campbell denied communication with him in person ? Certainly there was nothing to fear from a con- 
 versation between General Campbell and him, if he left New Orleans a free agent. He would, doubtless, 
 have requested General Campbell, as he did Don Carlos de Espana, to " tell those folks and rogues" not 
 to make such a fuss about nothing ; to cease pestering the people any more with the " great farce," or 
 the' humbug" of " abduction." 
 
 There was truly a strong smell of abduction in all this. 
 
 How was it in New Orleans? The Consul did not needlessly expose himself to Trescasez by proposing 
 to him to arrest the man, and carry him on board a vessel for Havana, knowing there was no treaty for 
 extradition. Lorente did not, without a motive, commit himself, when he aroused the indignation of 
 Careuo by proposing to him to purchase the patronage of Seiior Mon, the "good friend" of the Consul, 
 and "brilliant prospects," by doing an infamous deed. But neither Trescasez nor Careiio were pliant. 
 Men more ductile, less scrupulous, were sought, and found. The Consul himself was seen, a night or' 
 two before the kipnapping, walking with one of them, Marie, who Mr. Orton says he never saw in any- 
 place " where a decent man ought to be." Carlos de Espana, indicted as a " gentleman," is seen walking 
 arm in arm with this man, at half past ten at night, through the streets, and those who see them, aston- 
 ished at the association, exclaim, "See, there is the Spanish Consul walking with Marie !" 
 
 They are all seen assembled at the wharf in the Third Municipality on the night of the oth July. Marie 
 is there, Eagle is there, and their employees, Charlie Rogers, and California John. There were others, 
 too, willing " to lend a hand" to help on board a late passenger. Rey, too, led by Llorente into the 
 midst of this crowd, all strangers to him, but very' good and true friends, exceedingly apprehensive he may 
 lose his passage, and willing to pay twelve or fourteen dollars to a couple of assistants, they not only put 
 him on board, and in obedience to the orders of Captain McConnell, he was taken aft, and put in the 
 cabin. The simpleton might have lost his passage, were he allowed to remain on deck ! But they havo 
 
56 
 
 forgotten his baggage. Never mind, he is nothing but a druken steward. What trouble those drunken 
 stewafds give us ! 
 
 Was there no violence there that night ? Could not a sober man, well able to walk or run, get on 
 board a vessel, the bulwarks of which were as low as the wharf, if not lower? This was in July when 
 the river was low. Could not that man, we ask, run on board the schooner quicker than four, five, or 
 six men, seizing him by the legs, hips and shoulders, could bear him along, even if they did rid them- 
 selves easily and quickly of him by slinging him on the deck as they would a sack of salt ? Oh no, the 
 poor fellow might loose his passage ! And Charlie Rogers was paid six or seven dollars for half an hour's 
 time ; California John was no doubt equally well paid, and Charlie might have earned three or four 
 hundred more if he could only be oblivious. There is not a single man who stood on that wharf, and 
 has given evidence, that does not testify that violence was used either on the wharf or on board. Rogers 
 says he was paid for committing it ; Orton saw it, saw them seize the man bodily a long distance from 
 the vessel; Smith saw it ; Ring turned his back on it ; Robinson on the schooner saw two men thrust 
 Rey into the cabin, which Rey himself says is the fact. 
 
 The abduction was proved before Rey returned. His presence now confirms what was said, and sup- 
 plies an occasional link in the chain, whereby much that appeared mysterious and unaccountable is 
 explained. 
 
 Mr. Robinson's testimony would imply the greatest cordiality between Capt. McConnell and Rey on 
 the voyage. They laughed and joked together, he says. Perhaps they did, but Rey would scarcely have 
 been prone to mirth, bearing in mind that Second Municipality writ of arrest Llorente harped so much 
 on, had he known m officer of the Second Municipality police was his fellow passenger. He might have 
 been the whole voyage as, the pilot says, he was going over the bgf " very observing." An abducted 
 man could scarcely become an absconding passenger going down the river, so long as the vessel was 
 armed with legal authority. The Spanish Consul would not have slept very easy had he not provided 
 for every contingency. It would be improper, in the absence of any proof, to suppose Mr. Robinson 
 was connected with the affair. He found a true friend in Captain McConnell, who gave him his passage 
 to and from Havana for $20, after declaring to Mr. Lallande, in the presence of Mr. St. Germain, he 
 would not take a passenger for $300. Travelling for the benefit of his health, too, Mr. Robinson was 
 fortunate in the selection of the voyage, for when he appeared on the witness stand a few days after his 
 arrival, there was not a more healthy or robust looking man in Court. 
 
 But Ayala tells us Rey begged to be permitted to see the consul ; did see him, and made the celebra- 
 ted declaration of the 2Gth June ; Duquesne tells us he saw Rey three times at the consul's house, the 
 last time the day before he left, and that a passport was made out for him, under the fictitious name of 
 Pedro Murga y Romeo ; and Coleman the mate tells us he saw this passport, " a real Spanish" one lying 
 between Captain McConnell and Rey, on the table, shortly after the Mary Ellen left. Coleman also tells 
 us that Rey, with a man very like Llorente, applied for a passage between 3 and 4 o'clock on the after- 
 noon of the 5th July. Mr. Ricardo says Rey did not leave Morante's chocolate shop until after 5 o'clock, 
 and Rey and Llorente were seen eating in Victor's restaurat between 5 and half-past 5. So that is dis- 
 posed of without any assistance from Rey. Now in regard to the passport. The first thing that strikes 
 the reader is, that it is very singular a passport should be needed at all ; and next, that it should be 
 drawn up with a fictitious name, when the man was directly consigned to the captain general, and was 
 to be taken possession of by him when he arrived. In passing we may say something here as to why 
 Rey was not taken ashore the instant he arrived in the Havana harbor. Vessels from New Orleans were 
 subjected to quarantine, in consequence of the cholera existing in that port. It is true the disease had 
 disappeared as an epidemic, long before, but sporacic cases continued, and the bill of health of the 
 Mary Ellen reported two or three cases in the Charity Hospital. El Conde de Alcoy or his Assesor or 
 Notaries, could not therefore be very desirous of an interview with Rey until they were satisfied he 
 brought no contagion. The quarantine was for twenty days, but Rey was taken ashore five or six days 
 • before, evidently as soon as the authorities were satisfied there was no danger to apprehend from contac- 
 with him, and when it became perilous to leave Rey in quarantine, for he might obtain anothe r inter 
 view with the American Consul. It will be remembered the Teniente Gobierno observed to Rey, before 
 the went to the Quinta the first time "They are afraid to leave you under the American flag," or words to 
 that effect. 
 
 We return to the passpoJt, and the evidence of Duquesne and Ayala. The improbity of Ayala is comt 
 pletely established, even without the aid of Key's revelations by a fact which was brought to the atten- 
 tion of the court by Mr. Reynolds. Ayala says he went privately to Havana, by the connivance of the 
 Spanish Consul, to endeavor in private to obtain the benefit of a genera! amnesty offered by the Queen of 
 Spain ; that he' went to have wiped out the homicide of a kinsman. This is the way in which he en- 
 deavors to account for the mystery that surrounds him in his peregrination in Havana. When he said 
 so, on his oath, he declared that which was not true. He left New Orleans on the 27th Juue. The am- 
 
nesty wqs not promulged m Madrid until the flth of June— only nineteen days before — and was no 
 published, nor its existence known in Now Orleans until the 8th of July— twelve days after Ayalu left' 
 whan it appeared for the first time in New Orleans, in l.a ratria newspaper. So much for his ohject in 
 going to Havana. 
 
 Now for tho passport. Would it not he strange if Mr. Duquesne, with his superactive mornory never 
 wrote out that passport? It would be singular, too, if the veracious Coleman, with Hie extraordinary 
 perfection of his system of mnoumonics, was proved to be mistaken; if it was proved that he never 
 saw that passport. Astounding as all this is, it was mathematically demonstrated by Mr. Dufour, by the 
 very evidence for tho defence that that passport was ordered for Ayala. 
 
 The lirst time we see this passport mentioned, is in the letter of Sandoval to the consul, dated at Hava 
 na on the 26th June. The letter opens: 
 
 " By yesterday's steamer I received your interesting letter of the 10th andZOth June. I avail myself of 
 thedeparturoof the steamer to answer it. The point at issue requires it, and thero is not a moment to lose. 
 
 " Should the man spoken of comply with what he lias offered, and should you decido to let him come, 
 it will be proper to give him a passport under a supposed name, and write to me at the same time, iu or- 
 der that we may know it as soon as ho arrives, and take all proper measures accordingly. 
 
 " In ease he has not departed when you receive this letter, have a care to scud him here as soon nspos 
 siblo, giving him a passport under the name of Don Pedro Murga y Romeo." 
 
 When this letter was introduced, and was backed by the statements of Coleman and Duquesne, it was 
 with the view of showing that Rey was the man referred to; it was to perpetrate a stupendous fraud 
 upon justice and with a motion of the hand wipe off, as worthless, the mountain of evidence proving the 
 abduction. Behold how easily the scheme is laid bare. Sandoval is answering a letter from the consul 
 of the I9th and 20th June, and says, should the man spoken of comply, &c, &c. Had the consul evei 
 seen Key on the 20th June or before it 1 Had he had any negotiotions with him on or before the 20th June 1 
 No. The consul, according to Duquesne and Ayala, never saw Rey until the 23d June. It was on that day , 
 or between it and the 26th June, according to Duquesne, the consul was informed by Ayala that Rey was 
 in New Orleans ; it was on that day too, according*o Ayala, he besought the consul to allow Rey an inter- 
 view. Duquesne and Ayala both swear to the fact that the consul, on leaving the house to go with Ayala 
 in the carriage, went up stairs and put on his coat. This proves that both referred to the same day ; that 
 they could not be mistaken ; that tho first time the consul ever saw Rey was on the 23d June, or between 
 the 23d and 26th. Was then Rey the man who Sandoval 9aya to the consul, " Should you decide to let 
 him come it will be proper to give him a passport, &c." Was Rey, on the 19th or 20th June, the man who 
 was ready to go to Havana, and it depended upon the consul to say whether he would "let" him go or 
 not ? But Rey might have seen the consul before the 23d June, without the knowledge of Ayala or Du- 
 quesne. He might have been ready to go to Havana, and the coustd might have been weighing in his 
 mind whether it was better "Jet" him go or not. But what says the consul himself, through his At- 
 torney, Mr. Foulhouzc ? 
 
 "On the twenty-sixth day of June last, whilst waiting for the answer from Havana, Garcia made up his 
 mind to come forth and declare before the consul all that he knew about the robbery. 
 
 " The consul received his declaration, and told him that he could do nothing for him until he received a 
 special message from the captain-general's office ; but the desired message having arrived on the next day- 
 the 27th of the same month, the consul communicated it to Gatcia; and on seeing that he could return 
 home w ithout running any risk, and with a regular passport. Garcia decided to leave for Havana." 
 
 It was on the 26th June that Rey made up his mind to declare all he knew about the robbery. This is 
 what the consul says, but Ay:da says it was on the 23d June Rey made up his mind to do so, and Mr. Du- 
 quesne says he saw him at the consul's office on the 23d. Which shall we believe, Don Carlos de Espana 
 or Ayala and Duquesne ? Well that " special message" sent for by the consul, long, long before the 26th 
 or the 23d June ; that '• special message,'" sent for before Rey and the consul had over exchanged a word - 
 arrived on the 27th June; "tho consul communicated it to Rey, and on seeing that he could return home 
 without running any risk, and with a regular passport, Rej decided to leave for Havana." Therefore it 
 was on the 27th June the consul might say he would or would not " let" Rey go back ; not on the 19th or 
 20th June. 
 
 Who was the man that could return home without running any risk ? Who was the man who was 
 ready to leave on the 19th or 20th June ? Rey could not return home without running any risk, for he 
 Wius thrown into prison the instant he landed — into a cell three and-a-half feet by twelve — was fed on 
 red beans and rice, and was interdicted communication with anybody. 
 
 Who was the man, we ask again, that was ready on the 19th or 20th June? II was Jose Ramon de 
 Ayala, who left on the P. Soule on the 27th June ; it was he who could return home without any danger* 
 Read agaiu the letter of the captaingcncral, dated the 26th July : 
 
 "Secrlt.uua. Politica. Havana. Jtdv 26, 1340. 
 '< The Consul Her C. M.. al New Orleans : 
 
 ••I have received your confidcnt&U communication, daterf June !J7, together with the annexed list, of 
 which the individual mentioned biniou is the bearer. 1 have alsd in hands the !;io.nt/rnetfiwtleclaratiQB 
 !!' 
 
58 
 
 ■which was made before you and in presence of one witness, by the the ex-jailer m the lioyaljail hare, and 
 once a fugitive in your place. I tell you this for your instruction as the case may be. God bless you ! 
 
 EL CONDE DE ALCOY." 
 
 Let us recur again to Sandoval's letter of the 27th June: 
 
 " As you have written to me that our man will leave by one of the vessels which are soon to sail Tor 
 here, I am on the watch for the first which shall arrive. It will be of a great use for us to obtain, through 
 this means, some important information about the foolish designs of the traitors, and you will have ren- 
 dered a great service. At his arrival here, we will proceed so that he will have nothing to fear, and, in 
 no way be discovered.'''' 
 
 And again, in another part of the same letter: 
 
 " I will be prepared, from the very moment the vessel enters the mouth of the port, though the receiv- 
 ing of his letter may be deferred, on account of obstacles in the post-office." 
 
 Sandoval was " prepared, from the very moment the vessel entered the mouth of the port." Scarcely 
 Ayala entered the harbor, when he received a letter from Sandoval, and sent to the worthy secretary the 
 letter he bore for him. The Consul, or his defenders, could not be Induced to produce the letter, to 
 which the Captain General's communication above is a reply. Mr. Duquesne said it was a reservada, a 
 private letter. He knew nothing of its contents. The Court, and both District Attorneys, importuned 
 the defence to bring into Court the complete correspondence, and if they were innocent, remove all sus- 
 picion. " No," was the reply, " the Consul's archives are sacred," and they only brought in what they 
 thought would suit their own purposes. 
 
 We will not go over that ridiculous stuff of Ayales, about his not knowing where he went to, or who 
 escorted him. It was to the Castcllo die Principe ho went, and hia guide, " with the silver-headed cane," 
 was an officer of the police. That is the sort of cane police officers are required to carry in Havana. 
 Sandoval, in his letter of the 27th June, promises : " At his arrival here we will proceed so that he will 
 have nothing to fear, and in no way be discovredP What had Ayala to fear ? Why this secrecy ? For a 
 very plain reason. Ayala was an outlaw ; a prosecution for murder was pending against him. The 
 Captain General has not the power to pardon the crime of murder; his Mistress only has that power, 
 and hence the necessity of ficticious name in his passport; hence the necessity of keeping his presence 
 secret from the people of Havana. 
 
 What waa that " annexed list" that was so important as to need a special messenger to bear it ? What 
 was the list presented to Rey, by the Captain General, and his signature demanded ; that was the list of 
 Annexationists. The discovery of Rey's abduction spoiled the scheme. The hope was that Rey, by 
 constant solitary confinement, and threats of the garrote might be induced to acknowledge he had sup- 
 plied that list. Then would Carlos de Espafio wear that " Cross of Honor" he ambitiened ; then would El 
 Conde de Alcoy baton on the spoils of the forfeited estates of disloyal Creoles, though it were necessary to 
 wade through blood to reach them. Some forty or fifty were actually arrested, but nothing could be ex- 
 torted from Rey against them ; the demand of the United States for the surrender of Rey, took off the wit- 
 ness, who was to be forced to swear against them, and they were liberated. LetterBfrom several of those 
 who were arrested are now in New Orleans. The writers pronounce the conduct of Rey infamous, without 
 knowing how little he was instrumental in the persecutions they have suffered. 
 
 We close here, and lay before the reader, without comment, the vote of the Grand Jury of the United 
 States for the Eastern District of Louisiana, upon the bill of indictment against Don Carlos de Espafia, 
 for assault and battery upon, and false imprisonment of Rey— all accessories to a misdemeanor being ad- 
 dicted as principals. 
 
 For Finding a " True Bill." 
 
 H. R. W. HILL, Foreman — commission merchant, firm Hill, McLean &l Co. 
 
 H. G. STETSON— Stationer, firmD. Felt & Co. 
 
 JOHN G. COCKS— cotton factor. 
 
 WILLIAM HENDERSON— China and Glassware merchant, firm Henderson & Gaines. 
 
 WILLIAM LAUGHLIN — commission merchant,' firm Laughlin & Co. 
 
 JAMES D. DAMERON — carpet ware-rooms, firm Chittenden & Dameron, 
 
 ALPHONSE MILTENBERGER— commission merchant, firm A. Ledoux & Co. 
 
 HENRY HOPKINS— Hardware merchant. 
 
 ZALMON TAYLOR—Wholesale clothier, firm Taylor & Hadden. 
 
 HYPOLITE GALLY— commission merchant. 
 
 CHARLES GARDENER— cotton factor. 
 
 For " Not a True BilV 
 
 J. U. LAVILLEBAUVRE— Formerly grocer, retired. 
 
 H. DUFIHLO— Sugar factor. 
 
 JOSEPH LALLANDE — commission merchant. 
 
 L. E. FORSTALL— Note broker. 
 
 SAM HERMAN— Note broker. 
 
 A. A. BAUDOUIN— Note broker. 
 
 CHARLES de BLANC— commission merchant. 
 
 N. C. FOLGER— "Wholesale and retail clothier. 
 
 JAMES ROBB— Banker, and proprietor of the Havana gas works. 
 
 LOUIS BERNIAUD— Note broker and dealer in Havana lottery tickets. 
 
 J. M. LAPEYRE — commission merchant, note discounter and Havana trader. 
 
 A. Vanbibber, one of the Jurors, was absentduring the first day's examination, and did not vole, hav- 
 ing been excused from voting at his own request. "H. G. Schmidt, another member of the Jury, was 
 also absent. 
 
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LIBRARY OF CONGRESS 
 
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