Newspaper of The New York Herald, February 24, 1855, Page 2

Newspaper of The New York Herald dated February 24, 1855 Page 2
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INTERESTING FROM HAYTI. rckbralioa of the Fifty-second Anniversary of Haytien Independence. The Pomp and Circumstance of Nigger Sovereignty. CtmmI Court Receptions- Religions Cere* MBlfo and Bah Pares, la Franco Ethiopian Style. Address of flonlonqne to tht Great Baytien nation. GfNERAL FLARE-UP IN HONOR OF THE DAY, Ac., Ac. We translate, from the Moniteur Baitiem, the follow tag solemn ul magniloquent description of the ceremo aies observed on the occasion ef the anniversary of that toaportant and ever memorable event, the Declaration of the Independence of Hayti. According to the prescriptions of the programme of Use fete, on Sunday the 31st of December, hie Excellency the Emperor received the felicitation* of the new year from the I*Kisl?Ure Corps, the Consuls of foreign Powers, the different public functionaries and employee, ami the MpUs of the government schools. The presentations took place in the Salon it Man, by the ministers charged with the different departments. Tie following speeches were successively addressed to hi* Majesty the Emperor ? BY MONfilKCB L'ABBK MOUB&i, CUKI 07 PORT AD panes. Btre ? All the world is agreed on thi* incontestable principle? that religion sustains authority, and authority religion. Inese two inseparable sisters coniluet society to it* highest state of perfects tiility. Respect, lore and attachment to these two powerful levers of feeble humanity have demonstrated to all civil ised peoples the secret influence of those two agents of Morality or of pnbiio decline. Sire, the country is grateful to you for th* real and devotion which your noblo spirit ha* gloriously mani - lasted in difficult circumstance*, and we have recognized tike finger of God In the protection of your majesty? a precious gift that Providence has bestowed on the Hay. tten people. The wish that we form this year, for the glory of your miraculous reign 1*, that religion (ball mike a duo with the voice of the country, and that it shall proclaim loud ly in the faoe of heaven and earth, that Fauatm the riiit ha* re-established in his empire the true Ca tholic Apostolical and K?man worship, and that our Botj Tali tier, Tope Pius IX, recognizes y?ar msjesty a* his well beloved ion, for your noble and generoui de votion to the trne faith, in Jssns Christ, our divine Saviour. Long live our Emperor, Fans tin the First I Long live the imperial family ! rr MONSIEUR LB BARON DE I.ABO.VTB, FIRST SBCFIK *ART OP THE PERMANTfNT COMMIT Tiki OP THI 8UIATK. . Mr*? The Senators press nt themselves at the co nrnence ment of this nsw year to offer to you their homages, and ?ho wishes tnat they never ceaso to form for the preser vation cf your precious days. Tboy pray Divine Provi Oeaee to grant them, during long years, the favor of re Mating here, "Long live his MajeMty the Emperor of Hajrtl," " live the Empress," "long live the im perial family." BT HONSHU! LI BAUON D'ACLOQUE, PRESIDENT OF TBI COURT OF CASSATION | IN TUB NAME OF THE MAGISTRACY. 8ire? We all owe to you the tribute of ourgool wi-ihe*. It ii this duty cf confidence which the members of the judicial corps now present thfuooelve* to fultll on a day which recalls so forcibly the glorious souvenir* of the inde fendence of the country oi which you are now the father. May the memorable events that hive founded it servo tar the instruction of posterity, and preierve it from the danger of an imperfectly understood 1 berty, au well as from the evil t of slavery. hire, the happiest wish that cA be offered to the bead ?f the State is, that he may be always surrounded by ?Brine lights, in order that he may walk straight in the painful, doubtful und thorny path of the government of ?en. IX our wishes are fulflUed your reign wiil be spotless and durable: and Truth, tbat daughter of heaven, which but too frequently flies from the dwellings of hhigs, will be the Crit sentinel of thd palace of your Maje*ty. She will never cease to say to von, " Sire, ??ten only to roy voice; by doing so you will a<sure th* well being of all; the march of your people towird* the ?Meet that all human communities propose to them eehree? progress: and your name will be handed down with blessings to tlis remotest posterity." May God preserve yoiir 'lays, and ttaoie of her Majesty, the Kmpress; ami may He de'gn to sbed his blessing* on the imperial family. Such are out sisbes, sire? the wishes of every Haytien who Uvea bis country. IT MONSIEUR l.E COMTTE I>K liA NOV'VKLLF TOUR LINK, TRRAKURint 0KNERA1., IS TBI NAME Of THE ADMIN ISTRATltE COI'TS. Sire ? Your Majestv ombrac:rig in your high solicitude all the interu.-t* of th* State. ha* a?.i'n recently givn ? your ea?< mWo ef disposition* afresh onustency to the financial admlnistr itiou. The adiuini'tration re sponds to this ucefulact by a zeal and a devotion with ?nt bounds. Sire, the year* th >t have folliwel your accession to the HU?r?m* power hwe all been fr.iltful In ameliorat'oui) in the principle vf crier which serve ?s the basis to the formation of States The Jit: prom lis* us farther happy results. Mav your Majeety deign to permit us to inacjurtt* it fc? tne warmest w;sh*s for the prolongation of yoar IDustrioos reign The sovereign arbi' -r of all things will, we sincerely hope. gr in', to our prayefn that yo ; any long continut t lie thui-wt support of the nat ooal tea nr and glory. The ladies of the court then ofTere.1 to the.r impcr'ai Ha}*st es tbe congratulations of tUe new year. At f unset Fort Al-i*nier aunouueed the/e!? by t sulvo ? f tw?nty-cte gun*. On the following day, the 1st vf January. 11J5, at three ?'clock in the morning, the gtnirolt wat b sates and ?t snnnse Port Alexander again fired t wnnty one gun*. At ?'.x o'clock tbe Imperial Guard and the troops of th* gar risen formed ia of battle on the Plaee I'etion, at the western extremity of wlii-h wa? stationed the Imperial corps of artillery. At half -past seven the Legislative Cut pe and public functionaries assembled a*, the imperial palace. At forty five minutes put seven the cortij! ?f his Majesty proceeded to tbe Place I'etion. The altar of the country, decotated with b inuers un 1 streamers of th* national ccloi *, was occupied by hi? Majesty the Em peror, the imperial princes, the M:nisters, the (Irani Chancellor, the Grand Mtrdials, aul the Preddentof Ikt Permanent Comsittee of tbe Senate. His Majesty the Emperor thea delivered the fo'lo ?ing speech.? Havttkns? This <l?v >* the hfty-seeoad ain;ver?ary of the Independence of Havti. It is to celebrate that w>< are assembled here. l,ot us ??we.r 'o ni.inUin forever ?u? nationsli'y Mono* to the civil'?*,! nat: is thr.t have rerogn ??d ami fraternfoed with Haytl. 1.-'. us live tn peace with the whole ?orll an! with each other Lflt op assure our national ex s'.ence Uy lalo- l>y enlighten meat, and by all that honors a free -Ktuety. Gol and ? ur couraae will do the re?t. I/OOjt live .iur in '.ep'-n dence ' iWliir llv- our liberty I lx.n? live the constitu tion ' Long 1 vc the nation ! l ong live our Union ' This address was received with the greatest eothusi arm, increased as it iras by ths bovminj of cannon anl cries ?f "Long live the Emptor."' The cortege then repaired to the cathedral church, in the same order in which it had left the palace, vix : ? A Picket of Horse Grenadiers of the Imperial Guard. The band of the Infantry of the Guard Tbe pupils of the government schools, accompanied by their directors and other functionaries at tached to tbose establishment*. The body of merchant*. Tbe ministerial officer* of the imperial court and of the Cmrtof Cassation. Tbe ?Beers of th* General and atetT, and tbo e urat t.oheil to any corps. Tbe officer* of the Imperial marine and of the p?rt. the nltl.-er* of health The Justice of the l'"ace nod h ? deputies. Tb? employes ofdlllerent adnnn-.itration* and tue.rbcad*. Thoso of the Minister'. The Council of Notalde*. The Council of 4rrr>adissem?nt The Central Comm>*elon of Public Instruction. The head* of the servireof the K.nancial l)epar:m<'ot and ?f the other brunches of tbe public admin.etration, tbe editor of the Mnn\(eur, an ' of the goeern mental /cts. The Se< retarie* General or the Minuter*, ^nd t)M Sei retary ef th* r^inci! of Ministers be Members of the Imperial Court and the officer* of the paninet. Th* Court of Account'. Tbe Ireaiurwr funeral he Oourt cf Cassation ? The rro?urear General and hi* *ub?titute Tbe Brigadiers of the *rmie?. Tbe Man chaux des CWmp. Tbe IJeutenaat General. Tbe Prinze* and the Grand Marshal*. The Representative* and th* locator*. TV Oraad Marshal of tbe palace and the Iran 1 Master of tbe Ceremonies The Imperial Princes. The Ministers and tbe Grand Ckanjeli- r. Hi* Majesty the Empsror The Grand Chamberlain and the Grand Aim- ner. The Grand ?>iu?rry. H)s Mijesty's staff. Tbe officer* of their Majesties' houeeho'd. The grooms of the I'alace walked at the right and left ?f tbe eortcge, and wer? precede i in tbe order by the Herald* -at -Arm". They were follow el by Uie Kin< at Arm*. The pages were range<l in the two wing*, near their Majesties. A piquet of light Chasseurs of tli? Guard of tbe Em pire :lo*ed tbe proces sit n. Oa tbe arrival of th* eorte-ge before the cbureh it MvMM Into two line*. HI* Majesty wai retired by tbe Abbe Mo uisa, Care ef the parish, foUosed by tbe : ??erg7. at tbe doom of the eburch. A* he entered thera, | gvtaty erne gnns were flred by tbeartd'sry of the guard ^rawa up on the t?:race j The Emperor & financed to t U* hi* ptaee od the throne, I B*d ?y the (irand duster of Cerem-miee, the Chamberlain, ^ the Ministers. Beh.nd the Mtr?de ?too<l th? t ^en <1* ?*anap of tb? Emperor. At i ?hurt distance the urt? diiiA of his Majesty stood lh^Grt.n -*,ab*rl?;n. Tho Mai^r of Ceremonies indicated to every one hli place.. Tlte Consuls ef foreign Power* were present at the beremeny. The mass wae celebrated Kith great pomp by the Abbi Mounsa. to the music of the organ and of the band of the Imperial Guard. The ehurch was r>-hly and bri&lently decorated At the consecration and at the 7b Deum a sal to of 21 gvns was Ared. After the mam his Majanty the Eui percr wax accompanied to lh* doors of the church by the enrc of the parish, followed by the olergy. Hie Majesty the Emperor made a tour through the city, and re-en tered the palace amidst the acclamations of the grand functionaries, who were waiting for him there, having at their bead his Excellency the Conste de Fauresse, Secretary of the Orders of the Empress. His Majesty the Emperor took his seat on the throne in the Salun me Mart, and refreshments being haudod round, 4. O. Hon seigneur le Due de la Rande-Noir, Minister of the Inte rior, proposed the following toast:? To th? fifty tecond yssr of the independence? Heaven grant that during its course bis Majostv the Emperor may unite in one and the same family all the points ef the em pire. General shonts of "Long live oar independence !" ? 'l ong live the Emperor I" followed this sentiment At twelve o'clock fwo tables, magnificently served, as sembled round them all the persons present. At the iirst, which was laid out in the northers laloea of the palace, sat at the right of his Majesty the Emperor, his imperial Htgness Prince S. Jn. Joseph, the Minister of War, the Minister of the Interior, the Minister of Fi nance, the (irsnd Chancellor, several Senators, and the Grand Master of Ceremonies; at his left the Grand Chamberlain, tbe Grand Almoner, the Treaanrer General, the President of the Permanent Committee of tho Senate, and several Senators. The entrance ef the Emperor into the banquetting hall waa announced by the cannon of tbe Guard. The following toast was proposed by the Mixumor Wan ami> M akj.vk ? To his Majesty the Kmperor. By the Prbudxkt or Tire Permanent Oohmittr of the Senate ? To her Majesty tbe Empress. By the Contc mu Noovklut-Tocbaini, Treasurer General ? To the Prineess Olive. By the Gra.nd Martkr or nut Ovrkmoxiku? Sire, it is for me a sweet satiafactton to have obtained from your Majesty the permission to propose a toast.' To tho bravo Ilaytisn army, whnts devotion to your Ma jesty all admire; to that army which it cannot be doubted will continue to your Majesty's dynasty Its devotion to your own perron. Monsieur le Baron Brigadier de Jn Rosier did the ho nor" of the repsst. At the second table, which was spread In the unco vered gallery which extends between the talle de trone and the talon de Mart, were seated the dukes, coonts. barons, lieutenant generals, marechaux de camp and brigadiers or ths armies, and several high fun stionaries ef the civil order. Tbe table was presided over by S. G. Monsignenr de Geffrard, duke of the table. The fellow ink toasts were proposed : ? By S. G. Monshinsir ds Grtfrard, Due de la Table To the Founders of Ifaytieu Indopendeace? To his Majesty the Emperor, who ensures the prosperity of tbeeonutry which Las been beifueathed to as. By Mo.veirvn Lit Baron Aristidi or Lxspikaiwk, mem ber of the Court of Cassation ? To tlio high virtue that distinguishes her Majesty the Em press. By S. G. Moshgnxcr u Due dks Cotib dk F*r, Vice Admiral ? To her Imperial Highness, the Princess Olive? May she, by her brilliant qunlities, render herself worthy of her virtnons mother. By his Excellency the Comte i>k Cat Rocci? To the army which ha* taken part in all the (treat events ?f II>yti, and which has always been faithful to the national honor and to public order. In the evening tlie eity was illuminated. Here follow* the official recapitulation of the ceremo nies of the day, In the stereotyped phraseology of a London Court Newt man. After the full description we bare given of them, it Is unnecessary for us to transfer it to our colnmnri. The following paragraphs taken from the same official source, will be reafl with interest We first notice se veral acts of imperial clemency, based up <D traditional precedent!*. On the occasion of New Year's day his Majesty the Emperor set at liberty s-veral State prisoners, anil amongst others Generals Milord and Wisge, who were immediately sent to distant districts, and at Saint Mure be pardoned several other political offenders. I The movements of the female portion of the court of course receive their due chare of not!:* from the impe rial chronicler. ? On the 31st December, her Majesty the Empress, her Imperial Highness the Princes* Olive, anil the Princes-i Olivette, assisted at a grand mass sung at the pirochial church, in honor of the angels and for the benefit of the poor. Her Vajesty tbe Empress and the Princesses also visited the Calvary, preceded by the clergy and followed by a considerable crow'. They were accompanied by the Marquise de Roche hlanche, lady of honor to Em press; the Duchesse de Saint l.ouis du Sad, the Marquise de Goureau, the Grand Master of the Cer<tminies, ttie Huron <P Alert*. mereclialdn camps, and gentleman in waiting to tbe Empress, and a detachment of the Imperial Guard. A large and heau'.iful painting, representing St. John the F.vangthit. executed by Baron Colbert de Loch ard, painter to the Emperor, was carried with pomp Ln the mldttof the procecsion. Af'.er the mass her Majesty tlie 1'repress, followed by her cortege, returned to the imperial palace and caused to be served to the an abundant rejia*t. S'Jlich was laid out in the garJen at the tost fide or th< laUrf. | Ob Twelfth Kiulu fler Dighoes* the Princes* I ('Jive gave a fiiti to fcer young friend*. A number of j isrl'.kt'On* were issued by her. Tbe ba'l, which took place the afternoon, was atttndel wiib 4 fcfcal dell or gaie.t.v : od enjoyment, and the presence of their Majes ties .:t me little /tie imparled to iiat once an appsar snce j.' 'eronity and the air of a charming fain ly re vision. ?Lt young princess welcomed with kindoess the rerfors iu ited bj her and danoed with several; Her liajesty the Ernprns alio deigned to tav e a part in tbe | I'.klKC. ) Tie Voniteur imnoances the dtath of Madame U Lucbcere tie Balnet, one of the great ladies of the coirt, whose cbsequles were celebrated with great pomp at Port au Prince on the 1st of the new year. ! Pnf>At)W>v Thkatre.? First night tbis season of the , play of ?' C'vilizatlon.'' in wbieu Mr. E. L.Davenport i -will appear in ao Indian character, Hercule, the Hur:n; , Madame Ponisl as llortense, the orphan. The (Jieoes si> far piaved by Mr. Davenport, ai.'ed in in adm'rable win ! ner by Madame l'ccisi, h*?e been gteatly Ml nlreil, botl been culled before the curtain to uuke tbe r a: Inowlei'gtmnts. The amusing piece etlled " As Like as Two 1'ean," conclude the amusement*. Bowrav Tiiumt ? This evening the much admired melo cramatic pei'ormirs, Messrs. Cony k We'ib, appuir (or the )?st time, in two popular pieces, '? The Murdered Eoitmsn'' and the " Ourang Outani{." The drama of tbe " Star Spangled liai-ner " will conclude the ? mutements. On Monday evening Vr. J. P. Waldroi, the proprietor and manager, takes his benefit. He do serves well from the unmatic public. BrnTON's Thr/tke ? Tbe pieces announced for this evening are very attractive. There nre three pieces an roupced. The flr?t is the comedy of ?' SwestVearta and i Wives," Purton, Mircliaut. Mrs. Ilougb and Mr". II igh?s in the leading characters. Thi.j pie.-e ?i.l U> followed by the favorite t?rce of " Where Shad 1 D ne " and the en j t'rtainments -* ill terminate with tbe aaiusitg fares of the '? Spitfire. " W>iuick'8 i rifceTHE ? A bill or great var sty is an nounced for tbm evening? the elegin; eoin.'d'etU of a ? Solder's Courtship,' the much admire I cmeiy o? i " i angh when You Can, " and tho seriocomic drama of ? ?' O'Vluonigan and tbe |> siries,'' are the pieces selected. I'.lake, I.ester, Dyott, Mre. Hoey, and otter artist* of ce lebrity .n the . asti). A Miotic * n Mi skcm. ? The performances for tbis af;er iiocii and evening are such as cannot fa I to drasr a large I asMmblage. "(ncle "om'? Cao;n ' is minounced for ; tbe alteroooo ami evening, witb all the lending men '>?r* of tbe company in tbe caU. The attcniauce at the ; museum is very large. | Wood's Mwnux*.? ' Thi* l and announce* the same i bill of -'iiteriainment ns la*t eveo ug? trie " Hotel | d'Afriii -e," with a variety of negro delineation* in linj in? and dan'fn;. CtrcutT'a Sshwadem ? Thi* favorite band font anel j to dra ? rest ectable audience*, thei.* t uries |Uvs are c tpi ! tal, aud tbe singing and in'truuiental perftraitcce* can not b? exaelied. Hfjiriw BKWKvoi K.rr SoriiTV ? The -oniert in kid of | tbe funds of thi* institution takes place at Niblo's I "al"on o? Tue^dsy even ng next. This ch inge lias laken plsee in ccneeqnence of the rr^at demand for ticket*, snd consequently a want or room in tbo first pUce announced. Mr M< iNrrnr w 11 give hi* le-tare and vocal enter ainment at the New B'.gkton Arsemh'y rooiu, en Tum d y eveaieg ne^t. Dltchargr of R. r. Ilan^hry and Other* from Antlt for Obtaining Monty by Value Pre trnceh Before Recoruer Sm tb. A paragraph appeared in ourcolnmcs, some days sin -e, acr.ounclng tbe arrest of R. T. llaughey and others, of tbis city, on a chargt of obtaining the property of a Mr*. | Pattleoa. of Jersey City, by false and fraudulent pre | t?eces The warrant was issued by hi' Uooor tbe Mayor, j tut tbe eiamluation wa* forthwith transferred to the Recurder, ami has since proceeded, from t me to time, before him. On the afternoon of the 22A inst. the coun sel for the defendant* moved for their duebarge, *o'e4y upon the testimony adduced by tbe prosecution, and after a vigorous opposition on the part of the c inusel for the rroseci/trii, the Recorder de-tded to discharge, and did disc barge, tne dsfeniants, upon thatfevidence alone, withoiit calling upon them to enter upon their ilefence. ' And thus to a " most lame and impotent conclusion ' etme tbe proceediegs on thi* warrant and arrest. In | granting the dlfcbsrge. the Recorder remarked that upon the testimony of Mrs. I'attison herself it sppetred tnat tbe offence ccargsd bad not e?n con-mitteo. Pollthsl Intelligence. JOHN C. URKCKIMUM1 A C AND1 OATS POH Hf-II.EC Trails Hon. J. C. Brickenridge is aanounceO in tbe Lexington (Ky.) papers as a ctndidate for re-election in tbe Eighth i (.digression*! district Tbe AshlaaJ I Hceckenriilge s) district. bM been so altered by the Ijtfialntare, as to make the eppoeition vote scms 2,000 atroager than it it wa* at the tiaso of hi* election. There i*, therefore, knt little bene of hi* heteg returned to sit i? Congress, rpe* which be has reflected so nutb credi ;. . CASE OP HERNANDEZ, THE YOUNG CUBAN. United States District Court. Before Hob. Judge Betta. VKBT I>TKKB8T!NO PROCKKDINOS- LETTER I'BOM THE OAPTIVI FATBXB. Fkb. 23 .? Francit fi tougtUon and Ckrittoval CarnoUli, adt. Francisco Vitas Hernande* and KU next Friend a* 4, Guardian. ? This ?m a Motion to discharge Mr. 8to Jgh ton, the Spanish Consul, and tbe other defendir.c, from tail. Mr. Charles Edwards, op making !he mo don, com menced by reading the follo wing papers, which jive an interesting history of the rage:? Crittoral CamoMi and Prancit Stoughton adt. Franrtt Eliot Utmandez, toy Vrancitco de Armas , hit prochem umy.? Ob the cajiiaa and affidavit, and order to hold to hail, and the aBuavit, of which copies are hereto an nexed, let the plaibtitf show cause before me at the Court Ho?nc, City Hdi, at tleven o'clock is the forenoon, on tb? twenty -first daj of February, instant, or as sx>n thereafter as counsel can be heard, why tne defendant Criatoval Carnobeli* should not be discharged on common hail, or without even common bail, or why the bail rnould not be loduced in amount, or why the order to hold defendants to bail should not he vacated; and let this order and copy of the annexed affidavit be served en the plaintiff's attorney two days before the time for showing cause. SAM. K. BEITS. Ciukus Edwards, Attorney for defendant. New York, Feb. IB, 1866. Same vs. Same ? Francis Stooghton, Consul of Spain for lb* port of New York, being sworn, maLeth oath and saith, that on tb? twenty ninth day of January last, the defendant (Crittoval Carnobeli) came to the 8panisb Consulate in New York city, and delivered to deponent a sealed document directed m Spanish, which in English would be thus : ? "For the Spanish Consul of the United States at New York, favored by Cristovel Carnobeli."? That the enclosure was a letter in Spanish; that such letter and the said direction were in the handwriting of Francis Hernandes. of Baraooa, Island or Cuba, the father of the plaintiff in this action, and the following is a correct translation of the igiole of such letter : ? "To the Spanish Consul in New York ? Although his Excellency the Captain -General waa pleased to otkr me a recomnxndation to your Excellency in tar affair, I lake the liberty to write to you confidently, because of the good reports I have of your Excellency. I beg yon wilt excuse the liberty I take. I write in haste, on ac count of the deaire which, aa a father. I have or seeing a beloved child. I bave asm about lo years or age in your city, called Francisco E. Hernaniez, who went there at the request of an uncle to be educated by him; but, in consequence of thia I had been imprisoned seven months, and as at present. I, as well as my faaaily, are suffering a second time, 1 round no either means bat to request his Excellency the Captain-General, to permit my son's return, which he baa granted, as also the per mission to send the bearer or the present communica tion under tbe protection of your excellency to seek the boy : for be knows him personally, and bring him back, as I need him on many accounts. My son wrote to his mother from a place called Claverack, under date or the '28th of November last, saying that ne was in a college thirty six leagues from New York. He alto directs that his letters be atf (fretted to Brooklyn, President street, No. 91, his uncle's house. But as I presume that his uncle will oppose his return to the island, I request your excellency U> do the best for the boy to return without the knowledge of his uncle or thit of his family, as tbey will hide him away. I believe that your excellency has a control over the boy, because he Is a Spaniard, has left the island as such, ana is under age; and I give to yonr excellency my authority as a father. I again repeat my request, and although I am tha father of a poor fami ly, I am ready to make any sacrifice to recover my son, a* it is tlie on'y way to my living happy and be free of troubles and sorrows, which bear me down. 1 pray to the Almighty to preserve year lire and health, and also that of your family ; and I remain, yours, Ac. FRANCISCO HEKNANlHtZ. P. S.? Should my son require anythiog for his voy age, I should feel grateful if you would advance him anj Bum, which I will pay here to your order. ?Alto, this deponent saith that on account of receiving the said letter of the twenty-tliird day of January, 1866, and as the steamer for Cuba was to leave four days afterwards, this deponent went, on the first day of February, instant, in rail ear to Claverack, near Hud son, with the said Cristoval Carnobeli, who coull speak no knglish, and had never been before in America; that they got to the institute, or school, where tbe said plain tiff waa, about 3 o'clock P. U , of that day; oaw one of the principals, a Mr. Gardiner, and deponent asked him to send for tbe boy, which was done; immediately ha came in, he recognised Carnobeli. an<l they talked to gether some time, (probably twenty minutes,) at a dis tance from deponent, out of his hearing, during which time the deponent was conversing with Mr. Gardiner; the deponent went with Mr. Gardiner towarda the lad, Hernandez? this deponent taking w th him the above letter from the father, (up to this time deponent had not spoken to the lad.) and, then, handing the letter to him, asked him whether the aforesaid letter, with its signature, was in his father's handwriting; the lad recognized it, and deponrnt requested him to translate the letter to Mr Cardiner, which he did; deponent then introduced himself lo Mr. Gardiner, anl to tbe lad, as the Spanish Consul, snd, at tbe same time, as\ed the lad whether he would like to go to Cuba? to which he immediately replied in English, "I guess I would;" Mr. Gardiner asked if deponent wanted the lad to retnrn with him; deponent replied in the affirmative; thereupon Mr. Gardiner told him to go and pack up hi 4 trunk, and the lad went out for such purpose; a snort time after wards the lad, and another or the principals, being acquainted with the lad's proposed departure; the deponent saw the former deliver to the lad a cheek, which the principal before m-nttoned stld was to pay back an advance just made to the academy ror the lid. Then *,hls deponent was (boon over the establishment by one of the principals, or professors, and about a quav er or ten minutes to five o'clock the deponent left, and went to tbe cars with Carnobeli, leaving the lad to fol io* afterwards, he being engaged in pacVing hi-* tru nk, which the lsd did; deponent then got into a ear with Curnobeli and the lad, and before taking seits, and standing up, hire it was that tbe first conversation, (save the few words aforesaid,} took place between de ponent and the lad, which was introduced by Carnobeli ft via g tbe lad wished to see his uncle on business, to which deponent told the lad it would not to, as his uncle woo Id prevent bis going home to bis father: th? dep> nent then took a sett alone, apart from Carnobeli and the lad, and he had no further conversation; rn arriving at Huoeod, tbe ('eponent, Carnobeli and tbe tad proceeded tc an ea'.ing house to take some refreshment before going to the cars at HmUon; no conversation occurred with the deponent and the lad at that eating liouse; the de ponent, Carnobeli and the l?d then went to tbe cars; the depontnl sat alone therein; Carnobeli and the lad oc ju ried seats together, at a liUtsnce from deponent, the latter never ?peaMng to tbe lad, a|<l on arriving at New York, deponent at ones left the lad in company with Carnobeli, and went home alone, and tba next morning tbe raid lad came to the Consulate, with Carnobeli. and got a passport, and tno lad, wliil* this was preparing, wrote a letter to bit ancle, retarnlug him the check de livered to the ltd at the academy; and deponent thsre aft< r parted from the lad, and bid him ^oil byt, anl^ u>ed some kindly expression, but deponent does not re member the words, but tney were only what deponent, as an elderly man, would have kindly used ti any boy under similar circumstances; and deponent says that be has nit teen the lad since; bu did not gj to the vessel In which the lad was to embark, but was engage I with bis own business at tbe Jonsulats at the tlms, and hs has detailed til that has occurred, from first to last, in rela tion to him. so far as this deponeat is concerne I; nod ho says that bis a -tion and conduct In regard to this matter were of a friendly an 1 kindly nature, and what he did was with a view to carry out the father's wishes, as e*pr?si*ed in hit letter; and this depone t, otherwise, wan wholly indifferent as to whether the 1*1(1 1*1 went to Cuba or not: and be ?ol?ninly swears thai, if the lad ha 1 sa'd lie vould not (O tr Cuba or Havana the deponent would bave left tbe lad forthwith; and this doponsnt says that from til be knows, has read or been inform" 1, be v?nly belieies that the taid Carnobeli was employe! from tirst to last in tbe above matter at the unbiassed aid unintluer -ed desiie of the parents of the said la l, and tbat what lie lias dine in this matter hat been to obl'ge them; and this depment denies that he ever told the said lsd (plstnMff herein) that he mutt go to Cuba, an l that if be d d not go be would be put In prison an I vury badly treated, nor anj thing to tbat eff-ct; nor di l hs e rer hear tbe said Carnobeli say to, nor did ho ever tell or lay to tbe said plaintiff that he thauM never do any such thing a? writs to bis uncle, nor did the said ltd in this defendant's bearing (or so far as deponent knows) ever tay he would not go with deponent antsa'd Carnobeli unless he could first nee his uncle: nar did do jonentever reply tliut h? should not; nor did he hear Carnobe 1 say *o; nor did the Mid lad to any such re f pons* say that he would not go at all; nor did this dsp > nent (not to far at deponent knows did the taul Carno beli) tell him tbat if be would go or come to New York they would (or tbat deponent would) let him tee hit uncle, and this deponeat utterly denies tbat h:t manner to. wards the taid lad wan ever threatealng in coevertation or otherwise; in fact, be held no convemation with him save tbe little tbat it before mentioned; and this depo cent made no Insisting about the lad's going with >ut nil own consent; nor was there ever anything threatening on tl t part of Caraobeh, so far at deponent taw or bs lievet; and the la 1 appeared a free agent from the first to the last tbat dtponent *aw of him; ard tb a deponent further saitb that be is, at ho believes, made a ds fendart in thie action; also, hs says hs is a tub. ject of Spain, and has never bs*ome a citizen of tbe United States; also, tbat tho said plaintiff. Francis Ellat Hernandez, Is a subject of Spain, at is his father; acr have ei'her of them, to far aa this deponsnt ku-iwt, bat been Informed and Relieves, bSv-onao, n ir are tliev titber of them, citizen. of the United Stites of America. Alto this deponent saith tbat tb* slid Csmobtli did not act at, and was not tbe agent or servant, or in any way in the emp!oy of this deponent, or under his control, or in hit pay. directly cr indirectly, in anv of fie nutters ?mbr?ced by this depoelt'on. FKANS srO'JGOTON. Sworn at lbs city of S'ev York this 10th day of Febra ary, 1*65, before me, R. F 8mi.wrj.i., United States Com mttioaer. .Same adt. Sum'. ? Cristoval Carnobeli, ? defendant herein, being twoin, mskstb oath and saith? That lie is now lo close eoDi,n*meit in klilndge street jail. New York, in ihit action, an there held in the sum of $.1,000 for want of ball; thsl he is a subject of Spain, a resident or tbe Fsla nd of Cuba has been in tba United state* less than a month, and w*i n'rer here before, that he Is a shoemaker by trad", wis fumurly a common sallier, but was not to at the time <A hie coming to tb# United States? fie having rei ved out his time; that he Is not, w*s be at tbe lime be quitted Cuba, In the employ oT Ppa'n, or or any or tbe t?*rnm*nt authorities in Cuba, nor iheir ag nt. n-r in their employ or pay, thit a ennaidsrabie time arro deponent bv.ime acquainted with Francisco Hernandez at Ban ot, f uba, through h s curing deporent ef aside-.,, an I lit attention and sin I nese to deponent wat tn:h in relation to tuch aicknest. tbat deponent became gratsful and att-ntlve, which w ,n thekindnese and con*Men-e of the said Francisco llerntn des, that in Jsnstry fast, Mil. deponest b?isg In Havana, sad the taid FrancU :o llercandet knowing of it, the I it. tar tent for deponent, and, on their meeting, the Mid Franc. ?co Meruandei urged and deplored deponent to come to the United State, for hie toa, Francisco Iliac Hernandez, who knew and waa kaown to deponent, and bring him lo him in Havana; and tbat deponent agtenl ,o come, and tha father hacoed b at monej for that pur i delivered to this deponent a latter York SS'^Uo to tbe .Spanish Consul la New t vr antrusted him withtwo latter* from th* -aracoa io the father in Harani, which th? f.<- -,**P Mite? to bate tbe son back; and aWo "~r(r utn handed depaneut hia ova (photographic) .alt to aitow the eon, with a few wards at the back, , -ittaa hy the father; and thin deponent came to the t'nited State* with all these document* and matter* far the parent* of their laid son only , aad not foi or on benalf of ttoe authorities of Cuba, or any of tbam, aor in their par; that this deponent speak* no Eng lish, and only understands his native language (Spa nish) ; that on hia arrival in New York he fonud nil way to the Bpanish consulate, and delivered to Francia Stougbton, fcaqutre, the consul, the letter for blm, lent by the father, , and tbe consul kindly agreed to accom

pany deponent-op toClaverack, where the *aid son wa* at school; that tbey went together, and at the *aid acbool the said sob, Francisco Ella* Hernandez, on recognising deponent, shook band* with him; and on telling him that ha came to take hia to Cuba, (wblch was before deponent had shown the aforesaid letter*,) the lad said he should (lrst like to see hi* uncle, but on being shown and on reading the father's and mother's letter*, aad seeing the portrait, he appeared to be con vinced that he ought not to require ft; thit deponent and the lad rod* back together in the cara to New York, and he appeared quite satiatied to go; their conversa tion together was in regard to the lad's family; that he took hiin to his boarding house, where tbey Wl one room with separate beds, and deponent in noway check ed or coerced him at any time ; that before going on board of vetsel, deponent gave him four dollars to go out with, and get himself fruits or other little matters far the voysge, snd deponent did not watch or follow him then, or at any time, and he w*nt out aloa*; that th*y walked openly together in the streets, and went in that way to the eonsalate for passports ; also went on foot from the hotel to the vessel which was to have taken them to Cuba. On going on board deponent obferved several Cubans, and among them was the uncle of the lad, who appeared greatly excited, and his manner evidently affected the lad; and the uncle asked him whether he desired to go to Cuba, when the lad replied his father had sent for him; th* lad was evidently affected by the manner of the ancle, and at last cried, and said he would do what his unci* thought proper, and the Cubans urged tbe undo to take hia* away; and thereupon this deponent told tbe uncle he bad been sent bv the father to take the lad to Cuba; whereupon the uncle abuaed deponent by calling him an infamous man, and saving he had been sold to the Spa nish government, all of which is utterly falsa, and also aaid he was too inaignilcant a person, and had nothing to do with the matter, aad sala uncle thereupon took the lad ashore aad away; and deponent in no way used ?ny force or threat* to stop him or the lad, nor did this deponent ever compel or proceed to compel the said lad against his will to go to Cuba; and 'this deponent further sslth that the following are the contents of the father's said letter to the son: ? Havana, Jan. 23, 1865. Mt Dear Sox:? Under date of 28th of November last I wrote to you bv means of the Spanish Consul there, and on th* 9th or December be answered that you were not in N*w York, as tbe fiamlly had gone to Orleans. Then I wrote yon again, addressing the letter to the Conaul in said Orleacs, and that one has answered that you were not there. I have j ust received a letter from your mother, who enclosed on* from you dated thus? "tlaverack Inititute. 28th November,'' and yoa say, in addition, that khis college is thirty -six leagues from New York; and lastly, yon aay that wnen writing to you the letters should be addressed thus ? F. E. Hernandez, Brooklyn, President street, No. 91, New York. From this I believe that tbe Consul was deceived when told that you had gone away, it not being true; and the let ter addressed to your mother, of which I send you the original for your own satisfaction, proves this. For this reason I have detenu in* J to **nd the bearer of the pretent communication for you, which person is my friend and yours, whom you know; and he is that artillery shoemaker who was at Barasoa, and who, when you were in th* fort, was also there ; h? is called Crlstoval Cirnobelt; this friend goes to see and bring you, being thnsoommiesionedby me; I am oblige!, my son, to make these great expenses, notwithstanding my poverty, because I And it necessary that you should come her* aa much to oblige mo as for your own sake, for which leasons I, as your father, command you to come immediately, mating your arraageneats with Cir nobeli to come with him without loss of time; an', put ting aside the power which 1 posse** as a father, 1 bag it as a Itiend, for, should you net do so, you will ruin me forever, aa also your mother and family; bear in mind that this letter 1* not to be seen by any on*, as it is not desirable that any should read it except youfself, Carncbeli and the Spanish Consul, to whom you are re commended; beware. Frankay, lest you are discovered, as it is very likely then that your uncle and his family will prevent your departure; you must leave without being found out; if you can but get a changs of cloth ing, well; but if not you will come with what you hive on and no more; you ar* no fool; no child to be dis covered; do not hesitate or (ear, my son, as your return to your papa isas much for your own welfare as for mint ; I warn you once more not to b* discovered, and much less by your uncle and his family; when you are about leaving do it with the greatest secresy, so that no one shall see you, for this is necessary: should you be discovered by chance, you will declare your w sh to come to Havana, as your father baa said that he re quires yon, and that you are bound to obey h.m, so a< to relieve him of his anxiety; mark well, Franker, thit I expect you witlmut fail; Garnobeli is well Informed of my a Hairs, and will loll you aa to your coming and what jou mutt do; should you yourself by chance in need . f anything, then present yourself to the Consul, aa that ! entleman has a request from me to that effect; my only wish is to see you at my aide: in the mean'ime receive your fa'.har's hlcacing. FRANCISCO Hi-RNANDEZ. And in a postcriptto th* taid letter i* tho following ? "Should you need anything tell Carnobeli or the, as 1 write to th* latter on the aubject, to givo you whatever you wish, although Carnobeli has m tony. I enclose you the letters which I have received from your mother for you to see thtin, as also yours, as she baa ?at it on for me to know where you were. I also sen 1 my likeness for your Own satisfaction, and so that you may not fear to come on. Your lather expect* you without fail, and sends you hia blessing. FRANCH'a). "1*. 8.? Should you be discovered aol they should prs vent your coming, run away, aa your father requires you snd withe* you here." Alw this dsponent * tys that in coming to New York, the said Dr. Frtociaco H?'r nsndez gsve tome written instructions, written by him self, in relation to presenting his letter at the foniulate, and as to finding the wsy up to Claverack, and em mark ing speedily, and in anch directions are the following:? "*h? you find the boy you will give him my letter, but without any on* see'ng you do so or hearing your conversation. Should there be no sailing vessel he will go in tbe fl rut steamer. I recommsnd to you friend Oar nobsii, much care and discretion, and I big t when jou coma you will bring back my son, with the help of God. Your aflectioiate friend, ERAVCISCl) HERNAVDE7. Jkvuiri 22, 1856. " And thin depontnt denies tbat he or Mr. Stoughton tolil the Ud at Clarerack (or any where) tbat if he <l.d not go to CuHa, he would be put in prison and vory bidly treated, nor any tblng to tbat effect, nor did either of them tell Mm h < should not write to his unc'e; npr did he lay to them, or to tbi* deponent, that be would not go with them unless he coull Brat aeo his uncle; nor did they say tbat if lie would corae to New York they would let hint nee bis uncle; and he denies that his minasr or lhat of the laid Consul wa.1 ever threatening in confer fatim or otherwise towards the said lad; that depo nent's manner was invariably kind to him; and as lor the Consul, his deportment toward* the boy was most kind and parental in manner, and he in n'i way coerced bim. And this deponrnt says, beiido* the present Action against bim, the same plain' i!T, by the same next friend, has comm-nc^l a similar se'iin against him for alleged aisault and battery and f.iNe imprisonment. in the Superior Court of tbe city of New York, and got an order to hold him to bailin one tliou-an l dollars, ana a detainer to that effect I* lodged agalnit him with the jailor of Kldri>Ve street prison; an 1 this depo nent further saith, 1b?t he is a stranger in New York, has no property, relations or friends in tho I'nited SUtei, and it utterly unable to give bail as required in this and the other u-tinfi, or either of tbem. also, this deponent rays tbat tbc following are the content i of the ron's letter to tbe father, which deponent brought htm to show tbe son. " Ct.AVKRACK IjISTtTI TK Nov. 20, IS. >4 My nost dear father and mother ? 1 shall !>?? exceed ingly glad if you are enjoying good health when this Utter if handed to you. lam eery well* thank God. I adche-s these few esteemed lines, although I am without any of yours. It Is already one month and Ave days since 1 l.ave been in college, thirty-six league* from New York, where I can go in four hour* by the trains o^ railroad. This i? my fifth letter, and I bare never had ?n answer from you. I would request you to write by evrrv steamer aul sailing vessel I improvi in the Kog lish langunge v>ry much, and so much so that when pp?a*ing Spanish I did It in English, but do net belietc I shall forget my own language I am grieved bejauic I bare no fetters from you, wbir.h leails me to believe yt> i have some trouble*. A thousand kisses to Kleoita and ' I'aoulta and all my brothers. When jou write, address to r. E. Htrnandet, 91 I'resldent utreet, Brooklyn. My temenibrances to all, parents, friends, and servant*. I cannot nr.nke any present* to FJenita and I'aqniU, for the true reason that I have no money. The amount that 1 had was used in some th.n<s wants I far my stu dies and candles to light my room at night You re ceive tbe heart of your son. who wlahe* to *?" yon better th*n to wiita to you. KKANCI9O0 E. HERNANDEZ P. 8. ?Tell to Juanito that Antonio has not a rent, neither Dyar's wife I want to know whet I shall do with the notes? whether I ah ill send them to him. and by which way. AU my teachers are very much please 1 with my behavior. A >?n this Cepnnent ?aitb that he was no' tbe a&ent or rervant, or in any way in the employ, of Francisco Houghton. Ksq . nn? ,iul h - net as inch, in any of tbe nr.tter* embraced by 'hi* action; nor in hi* pay lirertly or Indirectly for t'ie?e or any other purposes. And this deponent denie* that he In tbe presence of Mr. Htoughton. or at any time, Mid that Mr. tftoughton would not have come up to Claverack about tt is matter, if he had not ireeived sn order from th* Ceptain-Oeneral of Cuba, di recting him to do no; nordilhe ever nay anything to bim to that ifTett, and he i* utterly ignorant a* to whe ther Mr. Stoughtoa ever had or received any such order. CRISTOBAL CAHNOBEIJ Sworn at the eity of New York, the 19th day of Feb. ISM, before me, R. E. Sni wet.i., U. S Commissioner. Same ri Sam*.? Tharle* Chacon, of Jeraey City, miketh oath and saith tbat he can translate Spanish into Eng. ll*h, and Fnglinh into Spanish; tbat he truthfully tran i laUd and read in Spanish to Cristobal Carnobeli, hi* above affidavit, be for* it was signed and sworn to. Alao tbat tl>e contents of the original letter* therein set forth, have been examined with the original* by deponent, and the same are correctly tram la ted CHARLES CHACON. Sworn at the city of New York, the lftth day of Keb u ary, 1*56, before me, R. K. 8th.w*il, i'nited State* Commissioner. same a d* Sane. ? He? nerd in* Serveira, of No. 1&4 Cham tiers street. New York, being sworo. oat n and saltb, that ha ia twenty three year* of a<?, an I is the ion and assistant of Juan B Serveira, hotel keeper; that the totel ?4 Chambers street, baa, for years, keen known a* a Spaaiah and Portuguese hotel, tbat the de fendant, CVstoba) CaraobeM, earn* there on hi* arrival, and ha afterward* esme accompanied by the led Francie hi a* Harnantie*. that the *aid Carnobeli cannot apeak any Englst that deponent speak* "panish aad Kngl *b that tt ?u ?bont half past tea in the evening when the ?aid Carnobeli and lad arrived froaa the rail car*, at ?ald hotel. snd at they required tapper he went with them to 1he uirard Home, and afterward* went bask to the ho tel, when they retired; they both breakfasted at the rt|pilar table o! the (ail h?tel (164 Chamber* itreet) with the reit of the boarders, and they went together afterwards to buy clothes for the lad, and ctme in again about one o'clock in the day, and they talked about some additional eatables for the lad on the voyage; this waa in the parlor, and deponent saw C'arnobeli give the boy * Spanish gold piece to go out and buy what he waatad, and the lad did go out alone, (Carnobeli re memlsg in the parlor, and neither watching, nor could lie possibly see which way the boy might or would ?o,) aad deponent advised the fad to buy what he wanted at Hope's grocery, and he went on his way uncontrolled for that purpose; that If he had a desire to get away from Carnobeli he eonld have done se, mot only at that time, but at almost any time while they were at the hotel or ont of it; the hay was cheerful and unconstrain ed, and deponent saw not the slightest appearance of coercion or control, oa the part of Carnobeli, over the lad at any time, and the boy seemed from Brst to 1st a freefageni;that, as the boy remained a considerable time ont, In going to aaid grocery, and the steamer was to go in a few hours, Carnobeli asked deponent to go after fie lad and ascertain why ha was delayed, whlth he did, ant ' ound him at the grocery, and the lad told him th< cause vhy bo was so long was because the person in the store i t.'ltato?i about taking the Spanish piece of money; there pon deponent intimated to him that be had better'be expc.lit.jus, aid laft him in the store and went back to Carnobeli; on the boy '? return to the hotel, Carnobeli ssied tt.e deponent to go with him to the steamer, as ha t did not know wtere it was; and so he went with them ? i they all walking through the streets to the vessel ; and the boy went up the gangway of the steamer as freely ai any other passenger would; then depone at saw a person ske the lad by the arm and showed him a paper; depi ent understood thsthis jerson was the lad's unole; depo *nt did not bear all the conversation, but thin person, said to be the uncle, appeared to be excited, and the lad seemed seated, and there were about half a dozen Cubans around them ; and this uncle, after using a Spanish word wbich means "ungrateful," said to the lad?- "Are you going or not?" (or words to that effect) ; and the lad re Sied? "Just as yon say," (or words to that effeet) ; and iponent says that Carnobeli did not stop the uncle from takingthe bov away, nor coerce him on board, nor check the lad from leaving the ship in any way: that after all was over the said Carnobeli returned to tne aaid hotel. RKRNARDINE ^ERVEIRA. Sworn to at tbe city of New York, the 19th day of February, 1865, before me, R. E. Btilwkll, United States Commissioner. Mr. Theodore Sedgwiok, who appeared for the Infant ?ad guardian, read the following affldavits, In which the defendant* hare been held to tall:? Same vt. Same.? Francisco Ellas Hernandez, being duly sworn, aaitb that he in axed sixteen years and up wards; that he la the go 3 -on and ward of hie uncle, Jose Eliaa Aernandor., who re-iden al No. 91 President atreet, Brooklvn nau tia'? he has lm?n educated in ths couu S^"7bU "id uTKle n eif?ue. And Una deponent fur ther, that he *?i plaeed by his said uncle, in No vember laet. a i a school kept ia Claverack, n-sar Hud ?on in New \urh, by one Mr. Ira. C. Boil* and one Mr. Gardner and Mi lUuuliter; th?. on or about the first of February initint, while depcaent waa in school, be was sent for to come to the c fflce; waa In the afternoon; deponent wen; .heie, and foun- two persons there ; oae waa Mr. Criatolil C r.rnobeli, deponent had seen in Cuba, and with him the Spanish Consul, Mr. Francis Stoughton ; that the said Carnobeli then told deponent that he had a letter from bU father, who resides In Cuba, directing deponent to return to Cuba; to which deponent replied that he would not go there; Mr. Car nobeli and Mr. Stoughton then Bbth told me that I must go and that if 1 did not go I would be put in prison and nn badly treated ; I told them that I must write to my uncle, the abore named Jose Eliss Hernandez, first; they raid 1 shonldnot do any such thing; I said I would not go with them unless 1 could first see my uncle ; they re plied that I should not; then I said that I would not go at all , then they said that if I came with them to New York they would let me see my uncle; and deponent says that their manner was threatening in this conver sation- I told the principal, Mr. Gardner, that he was responsible for me to my uncle ; he did not say any thing; Carnobeli and Stoughton w?re In a great hurry, and said that I should go off with them at once. And deponent further saitb, that in the year 1853, when about fourteen years of age, be was arrcjted and thrown Into prison in the i&land of Cuba, 68 inspected of behiK hostile to the government; that deponent we? con fined in prison at Baraooa, and wan tbw altogether "Z', eral months; that deponent was terrified at the idea or being imprisoned again in Cuba, and by the mens style of the conversation of Carnobtli and Stoughton, which was sometimes carried on in Spanish and some times in Englich, and felt compelled to act against his will and wish ; during the great part of the conversa tion Mr. Gardner, the principal, was present- deponent came to New York the same afternoon, with the s*ld Stoughton and Carnobeli, by railroad, and was taken by Carnobeli to a boarding house, No. 154 Chambers ?-re*t. that night; deponeat.lmmedlatelv on his arrival, asked to be allowed to see kis nncle, but Mr. Carnobeli told me I should not see my uncle; he offered me money, but I refused it; he would not let me see my uncle. I was nut to sleep that night in the same room with Mr. l>ar nobeli; the neit morning I again desired to see m v un cle; be refused to let me eeebim; Cirnobell took me wit^i him to to the store of Mr. Ceballos, in Broad street, from there to Mr. Stoufhton's, and Mr Stoughton gave Ibe passport to Mr. Carnobeli; 1 then went back to the boarding bouse in Chambers street; at about half past one o'clock the said Carnobeli took the deponent on board the steamer Empire City, that was going to Guoa that day, and was then lying in the North jlifcr, and was proceeding to compel him against bis will .o go to Cuba, when he was lioerated by the Interference or his nncle and his friends and taken home by his unulc. And deponent further saitb, that he has ooen unlaw luliy restrained of his liberty by the ?ald irancis Siougbton and Cristoval Carnobeli, and falsely Impri soned by them; that bis only desire is and hkS be -n lo remain in the United States, with his uncle and suardian, the said Jose Elias Hernandez. And this as ponent further saitli, that the said Francis Mss?Mn l? the Spanish Consul in the citv of New York; Mr. Carno^ bell, fa the conver?atioa at Claverack, spoke altogether ia Spanish; Mr. Stougbtoa sometimes In kngliah and sometimes in Spanish. And this deponent, Francis E. Hernandez, further salth, tbatduring the conversation at Claverack, the said Carnobtli said that the Captain General of Cuba would take charge of his education, to which this deponent replied that his uncle to?k care of him, and that was quite enough. And this deponent further saitb. that during the.saTd conversation . the said Carnobeli said in the presence of the said 8t?nghton he would not have come up to Claverack but for the fine weather; but that he (Stoughton) had received an or der from the f'aptain General of Cuba, directing him to do so, or words to thMeffeet.^ ? HERNANDEZ. Sworn before me on this Mb January, 1856. R E. fnimi, U. S. Commissioner. .Some vt. .Some? Jose Elias Hernandcs being duly sworn, satth-Ibat he is a naturaiuedcUiienofthe United States, and is the uncle ant g'>dfa her of Francis Elias Hernandez; tbat he has road the affldivit of the said Francis E. ll-.rnandez, hereto annexed, and thi. the same is true as to all -he matters therein stated wbiob in any way affect or regard this deponent. And this de ponent further saitb, that the said Cristoval^ C*rno beli is a transient person, and. as deponen. is in formed and believes, intends to sail for C iba ?n th? 9'h of February inst. And this depw eat '"r^J>r?a*htJ4t be is well acquainted with the relations of the said Fwa cis E Hernandez, and of Lis father, the brmherofth.s deponent, ibe government of the Is. . nd of Cuba, sud tbat he has no .foubt whatever that the agency aud interference of the Spanish Consul In tbl?m?tterhave b< en entirely and directly according to the orders or the Spanish goverrroent; snd tbat bad it not b^en for sn-.b orders, he would not have appeared in the said matter in sny way. Tbeie has nerer hfcen the slightest acuua u lance between tte said Francis Suiughtoo aul this de- i potcnt's said brother. And this deponent further salth, f that hit raid nephew and godson was sen. here .o this der orient by his father, in the fall of the year 1*54, to , be educated in this country, and tbat deponent has s nee had tbe boy educated here at his own exp-nse that in de | I onent's opinion it isentirely impossible that his brother , F iancl? Hi as Hernandez, can have given, witi his own i consent, ary -rder for his son to return; and tia*. I' any , such order was given, it must have bsen obtained by the undue und tyi snnica: interfsren-e of tDe Spanish govern niert of Cuba wi'.h bis said brother, either for the pur pose of re imprisoning this depoacnt's nephew, or of ob tsinlng possession of nis person to exercise greater con Trh.>io\rn,,' or Sw? rn to before me, this 8th July, 1855. R. E. Snu , wei'. Urite l States Commissioner. Mr. Ke 't v 1 '*? *'nl> ttD *?davit of the uncle of the b..y, in which he nays thai he (the deponent, Jos.- Elias lleinsade ) Is n na' .rallied citizen, and is guardian of j the infsn' P:atati?;, w>>oisalso bis nephew; the fathsr j of ilie 'joy is b- ?;>'?r of tbe deponent, and Is a physician, ^ res riing ir. i?ih&' that his brother and son, the infant j i L ntir , ' ' r? b /'h thrown into prison In Cuba in 1853, j on tbe -piL ion of thslr being disalfsete l to th? govern ir.eni of tfcs* island, or for some other purely political i r n use. aud ibat the father remained In prison seven ; months and the son three months .that deponent received a lette. from hi. brother, dated 4th July, 1S51, immedi- j ? after bis being let oat of prison, in which he state! , hat his health had grsatly suffered, that his fortune | was ssrloisly Injured, aud that he de-dred to send the ?? to deponent to be educated here; the deponent goes on to State that he has edurated the boy at nis own ex pens*. and that he has regsrded him as one ol : his own fhildrea that the boy never in any way intimated his deaire to go ba*k to Cuba, bat, on the contrary, has expressed his wish to remain permantulV ia this country, la January last deponent recrved a me f aire frtm his brother, to the effe:t that he might be obliged to seed for tbe boy, aad that the boy wrote to the deponent, expressing, in the strongest term", his unwillingness to return to Wuba. Mr fedgwlck ctntlnued to say that tbe uncle he Br?t m or?atlon tn the matter by a tal^aph'c 'lea patch from Claverack, seat by one of young nernan^ei s echoolfeliows. tt was as follows -<? Fiaak was i taken away from school this day, b , hL>e " ' men Art they friends or enemies * *??wer la T. A IH davits from some of the principals at ^tbe sehyl were slso read, statisg that the manner o. Um i Span ish Consul and f'arnobell was hasty in the latmlew with yeung Hernasde/, and that the_ U< t*r wssvery much "Stilfc ~^S" !" It a In which a great deal of to^d feeling en?l . ft. i A?m\ of f?1?e tf mpathjr may he inaulfed. Bu* he himself to the fact#. Th? whol#kej to tbU matter Is the eonduet of the node . It will be found in the ?f the father to the son The happ ness of the f?t?ra* tbeh?p"n-e of tbe whole fa?ily-the ffcth^r mo4h?r in? ?t?ier? of tbe bor ? depend upon the ?t^ra' ofth" child to Cuba. He (llr. Ed wards/. aid t advisedly and tbe court would see, that the father is In in rr son? that he was so before, and that his let itr dec art* tha t ibe sole cause of hie bsiaf .a prirom is allowing that bo y to be under the influence of the uaele, who is the head and front of the whole proceeding Mr. Edward* censured the acta on the part of llemindei a* cruel and opnrer siro toward* Carnobell, in hiring h'm incarcerated by proceedings in the Superior Court while the matter was pending here. lie referred to 8 Barnwell h Creswtll, p, 760, which declare* that the general rule ia that a man cannot be arretted the sccond time for tl>? name cause of action. He contended that there waft nothing in thi* case which amounted to an assault and battery, and argued at great length, with ability and force, on the facts as they appear In the documents just laid before the court. He contended that the boy . was not ttomced by the defendants, and that he waa only clucked from seeing that uncle whom the father desired he ehould not see; and he malutainel that if the boy returned to Cab* the father would get rid of all his sufferings. I r. Edwards, in characterizing the conduct of young Hernandez as ungrateful and unllllal, turned to tbe lad and. ia the words of the great dramatist, said that be might yet know "how much keener than a ser pent's tooth it is to have a thankless child." He snb iuitted that the defendants were entitled to be freed from the order of arrest. Mr. Sedgwick, ill reply, contended that if the defendants i forced the boy against his will it Is a false Imprisonment, ' and to sstablith that offence it ia not necessary that Tio lence should have been used, but If false representations or menaces are used it is sulBcient. He characterized ' tbe attempt to take tbe boy away as illegal and auda clous; ana said that the father, who is a prisoner of the ? Spanish government in Cuba, was not acting as a free agent wben he wrote the letter. The question is whe ther it was written under duress or not. If this court believed that It was not, be (Hr. Sedgwick) was content , o admit that the suit was unwisely brought He de ignated tbe letter as a trap, baited with the boy's pa ents, to get him back to Cuba and consign him again to prison. Mr. Sedgwieh had not concluded his argument at th?, riiting of the court, but will resume again this morning, ' at 10 o'clock. | Cnurl of Gfneral Secaiona. Before Hon. Judge St unit. LABonrr. Fib. 23. ? Frank Hurgeua waa indicted for sttnling ?;| ease of boots, of tb* value of $30, from tb* freight trail ?f the Harlem railroad ears on the 17th of January lait. The superintendent of the train proved the Ion, and tbe I police officer who arrested the priaoner fonnd the caa* 1 of boot* in hii possession. The Diatrict Attorney con- : sen ted to take a verdict of petit larceny, and the jury* fonnd thoir verdict accordingly. Sentenced to sia months , In the Penitentiary. ASSAULT IN A RAILROAD CAR. Thoaaa V. G. Folanl and Dubois Hoffman were charged ! with assaulting John J. Boetwhk and Patrick Clary? J the former a conductor and the latter a brakeman on | the Hudsoa Hirer railroad? under the following cironm- 1 stances:? Tbe defendants entered the cars m the 18th, 1 of December at Chambers street, and, on being asked to ehow their tickets said they bad none, and would not I pay for their paaaoge unless both doom or the ears were J locked and they could procure a seat by the stove. Theil officer, who waa something of a wag, answered that the f conductor wonld probably giv* them a car to them selves. Eefendanta were Intoxicated at the time. When the train waa near Tubby Hook the con-il ductor cam* round for the fare, but the defend-) ants still refused to par anything unleaa the doors wen, locked. Persisting in U>eir refusal, the conductor stop-! ped the train, and called assistance to put them out, during which operation the alleged asaauit was com mitted. The only evidence of this was deposed by Clary, who stated that he waa struck on the bead by the de fendant Poland. For the defence It was contended that1 the defendants baggage not having been put oat witty them, they had a right to resist and use some violent*) in their endeavors to aeoure It. Verdict, "not guilty. I ALLEGED BANK KORGRRY. William Kiaaane waa arralned on two indictments, the I Drat charging him with forging the following oheck with I intent to defraud the Chemical Bank : ? New York, Aug. 90, l&M. AMrniCAS EXCHANUK B A.Mt. Pay to tbe order of James Bishop, Enquire, twelve thoutan dollar. -$12. (XH). JOHN THOMPSON. Endorsee ? John Thompson. The other indictment charged him with forging th following:? New Tons, Aag. 30, 18N. COKTINESTAI, BANS. Pay to tbe order of James Jiishlp, E*q., six thousand and' eighteen 90 dollars? Sti.UlM SO. VERY A GWY.VIK. ? Endoised? Very A Uwyme. I| The defendant, represented by his counsel tfr. Richard Busteed, Esq., pleaded not guilty to both indictments. The case will be tried next term of the Session*. The Grand Jury then appeared in court and made the | following PRESENTMENT. Nkw York, Feb. 23, 1865. The Grand Jury In and for tbe city and county of New I York respectfully present: ? That during the present term more than one hundr. bills of indictment bave been found by them, anl that a] large number of cases have been dismissed for want of I proper evidence to substantiate the charges made. Off the cases brought before them there are many which, iul the judgment of the Grand Jury, should never have been submitted to them. For example: ? a boy fa charged with alealing some article of trifling value, and the evi dence of the theH la clear and conclusive; yet the timej of tbe Grand Jury, the Petty Jury, the Court, officers and witnesses ? in all perhaps some hundreds of person? I ? is wasted in attendance upon the Court. The Grand I Jury believe that provision should be mads for enabling! the courta to ditpose of there eaaea in a more sum mary manner; and recommend the enactment) of whatever law may be necessary to cffect tbis abjec'J Tbe Grand Jury would call the attention of the court he case of witnesses wbo are incarcerated in conse quence of their inability to furnish security for theiij appearance at the tlmo of trial. It Is manifestly a great grievance that an innocent person, wbo haa beeq rubbed or assaulted, abouM be conAned In prison, while the offender la allowed to be at large on ball. Mot only a a great wrong done to the witnees, but tbe ends oi justice are frustrated, by preventing strangers from en* teribg a complaint, knowing that tbe consequence wil. be their own imprisonment. The Grand July therefore urge that this system be at cnce abandoned, anl tha' some less objectionable means be devltel 'or securing tbe evidence of this class of witnesses. TheOranJJu ry congratulate their fellow citizens upon the marker improvement of the police of the city. They believ> that, If tbe present system be faithfully carried out' our polioe may soon be made fully equal in poin* of efliclency to any in the world. Tney there, fore depre:ate any change tending to diminish the con trol which those at the Lead of the department, and wb? are responsible for Its action, now hold over th* mem here of the police. They woull alao notice severs abut ee, the correction of which they believe might effected by the p'i'ice. it la notorioua that our street^ are nightly infest* d by numeroua street- walkers anT prostitute a, in I'lHance of decency and to thegr.a* detriment of public morals. Tbe offenders are perfect I <1 well known, sn<l are easily distinguishable from tboe* who are pursuing awfut avocations. The Grand Jur! rerommen 1 that the police be directed to arrest every individual of this class who may be f'lund wandering b night through tbe st*eet?. They telieve that promp< snd persistent action in tbis matter would in a ver short time wholly x mov this open and public nuisance It is wall known tbat a large number o. gambling houses ex'st in the city, and th?i precise location is no secret. Tbe (>rand Jur believe tbat evidence r ificient for tbe dete:tioJ and conviction of the keepers and frequentsrs of thesl establishments might be obtained by proper efforts; anfj they recommend tbat the police be directed to tine ever;'] exertion to procure the requisite evidenc* Ho alio witn the dralera In lottery tickeir, holders of meek auct ou>l projectora of fraudulent "gift enterprises," pvitendelf fortune tellers, ard other notorious swindlers, wboi* ad] v< itisenKnta are to wktly ciu-uUteJ. The <j'r?nd Jur 1 believe that, by well directed efforts, the great majoritj ol these ofleiideis may he brought to, and thea nefarious operations a most wholly suppress*!. Th Grand Jury tail attention to the alarmiLg increase i vagrancy and street begg ng, especially by chi'dren. M may, doubtlisa, in part be ascribed to the pressure eJ the tunes, which has o:c*aicned an unusual amount el dertitution and sufferiDg. But tbe evil will nitdisappeVl with its Immcd ate occasion. Many wbo have b**n drivs) to begging from necessity, willoontinue it from hab t an choice. It is recoinmei .led that the poll se be diracte to inquire into tLe case of every eluld who is foun 1 be. yinir, either directly or indirectly, in '.he street anl ptillc places, so I hat, if really dMtltute, tiey my r?| reive teller from the public authorities; or if impostors! they rosy he ilwMt wi'b in a proper manner, The Cranl Jury have vi?lt?d the public institutions on Randall | Island and Blaekwell's Island, and were highly gra'.itH with their geneial condition and management. Th* would especially commend the discipline, order, an neatness pinvalent in evtry department of the Nurseriei and alao of the House of Kelugeon Kan1 ill's lalan' 1 her believe that nothing haa been omitted wh.cb ca tend to pionioto 'he reformation and imprevsment of U* inmates of these institutions, who a'e in a spe-'ial mai ner the proper o jects of the care of the city. Ibey I* litve that a wiae liberality toward these institutions called for alike by duty and palHy. In conception wit| this subject, the Grsn.l Jury would call public attention < the Fourcee of our crime snd pauperism. They found thd in the institutions visited by'them fully thr-*.fourthi< the inmaten were of foreign birth. While th* -ity m i maintain thos- now upon its hands, it is no part o' i outy to bear the burden of the criro*, lunacy, ar pauperism of foreign countries. If we had to maioti only that which originates among us, the burden won be comparatively light While we would e?t'-n<l welcoii and encouragement to the industrious and well disp ? migrant from every country, we would as far as poss ble prevint the entrance among us of tlio e who m>i become a public charge. The Giand Jury therefore a the attention of our ttateau<> general govrnments ' this matt' with a viejr to the ena<:tment of su jh las as shall ? t effectually present the contio jaooe of til evil; an ' meanwhile urce our owu authorit:'** to pu* 1 prompt iTecution whatever Iaw.< are now in fori designed to prevent the Importation of pauperf lunatics, and criminals. Ibe Grand luey -"an i clone thia presentment without an offic al e ,pre? of tb<-ir thanks to the Mayor of th* city fl the manner in which he has carried in'o el'-ut tbe lad In relation to tb* Sunday liquor traffic, and variof other abuses. They urge him to continue in i ertions, and to axtaod them to the < >rrection other evils, and ask for him th* UWtltl 00-0|0r| ton of the other branchea of tb* city govern nen of the courts of justice. *nd of all good -a. ?n?, eoulj dent that if theae meaaurea are cairied on In the s|.ii with which they have been MMMMta our r tj may made the he?t Kor.rned, the peaceable and 1 I abiding community in tbe worll All of which la re dectfuily aoi mitted to tb* Honorable Oiurt by t Grand Jury. JAXI8 HUPH, MNIM After the dark had read the for?g iiD^ .|i?cumer| Judge gtnart faM ? t;entlemen, tbe au'.horitie* have cog nine nee ..f th? .ibject matUi of your or??e?| rr.en: will have thnr attention call?d to it. rhia Ooul thanks jt u for your serv cea during tbe p*'t term ? ol peculiarly laborious. Thane a-rveee you have p<J lotm?d with a diligence and as-i'l.ii-.v '?omioendahle 1 joiiri elves, and t? the advanUge of the ne >ple at Uri Gentlen>ea. y? ? sre d scharged from far'her ntten "an. Court then adjoarned.