Mr. Langston to Mr. Bayard.
Port-au-Prince, Hayti, June 24, 1885. (Received July 14.)
Sir: Referring to your instruction, No. 350, dated April 28, 1885, having relation to the confinement of Mr. A. C. d’Almena in the prison of Port-au-Prince, charged with the commission of what is termed “vol domestique,” the felonious abstraction of certain mandats issued by the Government of Hayti, and other papers connected therewith from the National Bank of Hayti, as the same is fully set forth in the ordinance and act of accusation, as published in the Moniteur of the 21st of March and the 25th of April last, I have the honor to state that after due consideration of his case, upon the best legal advice which he and his fellow-prisoners could secure, and with my entire approbation, Mr. d’Almena, with the other accused, concluded to make an appeal to the supreme court (the court of cassation of this country), and therein test the regal sufficiency of the ordinance and act of accusation which had been presented against them by the judge of instruction and chamber of council.
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The hearing in the case in the court of cassation, commencing on the 12th of last month, occupied its attention in extended and elaborate arguments of the several attorneys engaged, including the brief reply of the advocate of the Government, through the 27th, when the court took the case, as submitted upon the papers and the oral arguments, under consideration for decision. Ten days passed without the decision of the court being delivered, when one of the five judges was taken sick, and has been confined since to his bed and house and he is still, as I am informed, too feeble to appear in court. Hence, these accused persons, Mr. d’Almena among the rest, are kept confined awaiting the action of the court. It is hoped now that the court may be able to convene in full bench as early as next Monday, the 29th instant, when its decision may be delivered, and, as I hope, our citizen, against whom really no sufficient proof has been offered, and who cannot be legally held to answer the charge presented against him under any law existing in this country, will be discharged. Already, Mr. d’Almena has been confined for nearly seven months, awaiting the finding of any charge against him and his trial.
I have spared no effort in my power in his behalf, and his attorneys have behaved in the most efficient and valiant manner; and it is proper that I here state that the court in listening to the discussion of the law and facts of these cases, with constant attention and patience for the time indicated, demeaned itself with becoming dignity.
I attended, the sole foreign representative present, every session of the court, and I have no doubt that my presence was justly interpreted and had good effect.
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I am, &c.,