The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-09-13

goods not forfeited
On the croes interrogstoIie~, Col Deniphon says
Tho American traders had my license to follow the
command from Vavsrdi t. HI Psso. l presume this
wss known to the defendant never Threatened TO
punish any the Am ricsn traders for trading ''''
Colonel Mitchell was an ofrcer OF nigh grade and
allowed him 10 exercise his discretion as TO the mode
of carrying out the order gave rim had no inten-
ton TO arrest property OF plaintiff and forfeit it,
had proof of any improper conduct on the part Of
srmo5y stespI sia not intend 10 nsn Th.
course adopted was intended for the prevention Of
injury, more than for punishment and OF this think
Colonel Mitchell had knowledge.
Major Meriweh.r Lewis Clark DISPOSITIONS we're also
read from them we make the following abstrscts:-I
reside in St Louis and am q soldier and engiHeer
by profession; 1 know the parties to this suit
connected with the army Of the West under the COM
mana COL hsarnsy, under wn TnI Psoeseusu 70
der Col Dopiphan. After some other remarks Mayor
Clarke ssys:I therefore chief Of artillery in New
Mexico and Chihuahus; had no means, other than
the army of becoming acquainted with the movements
Of the plaintiff my official duties brought his wagons
Sc under my notice. After some answers which are
bu repetitons Of the former witnesses Major Clark
goes to ststeSsRta fe is the capital OF the de-
parment OF New Mexico iPsso Is on the rlght panA
hua, of the Mexican republic; the place where the
battalion of volunteer traders was organized ana also
where Mr. Hsrmony's wagons were encamped at the
time OF the alleged seizure of his effects was sbout
forty miles below the tewn OF Ell Psse and on the right
bank OF the Del Norte within the state of chihuahua,
Mexico; often heard that Mr. Harmony was n Span
lard and claimed to be under Spanish protection Inc
dispositions then went on 10 speak OF Col hesrneys
aries both sides Of Del Norte as part OF ths unied
States; l know that the pislntlii was ~
liberty the authorities OF the United States
in New Mexico concerned TO return to the UNI
ted States any time previous to the 10th February
Of any restraint upon the traders being suggest
ed, except that they should not proceed in
advance OF the troops, on the msrch toSaras Uni
huahus az wnich place Coionei poulpnSh hao oeen
ordered to join the invading column ander
General Weol; on the night OF the YIN OF feprusry,
whilst the troops epcamped about twenty six
miles below Isl Psso and opposite the Preside del San
Elaserio on the right bank OF MO Uranue the pain
tifs wagons being encamped the same side Of the
river. received letter from Judge Houghton, Of
santa 70 Gated January 70 1917 by young Mexican'
az express the letter was one OF business oniy IN
nihed Tor the transportation OF the artillery on the
forced march Of q part OF my command rom sAnta
fe to III Psso made in obedience TO Donphon
orders but the letter studously seemed avoid every
other subject Of information or news. whereupon l
questioned the express whs was known to be domes-
tic In the family Of Judge Houghtop's partner Mr.
Eugene Leitensdorfer by whom was informed OF the
instruction OF the Mexcans In santa re ana Taos
the death Of Governor Bent and other citizens ana OF
the hostile feelings and probable IN
tentiops of the people Of the Rio Abo or lower por
ton Of New Mexico; and OF their confident expects
ten Of being daily reinforced by the troops
then supposed to be in 'front.' and that he was or
dered TO bring other letters, for fear of their
being intercepted on him; believing the story told
by the express to be correct In the main, and
thinking that there might probably be some stra-
tag.m Of the enemy on hard, both to take our
force in the and to relieve the revolutionsts in
New Mexico especially since we had lett in our rear,
Paso capable Of strong resistance and itself the key
tetbe valley of the PIPER Rio Grande, reported the
statement Of the young Mexican TO Gel Doniphan,
and recommended the ntraton Of the troops In
q more compact form and that other measures should
be taken for our defence think 1t was at this time
that 1t was determined to organize the traders and
their dependents into military force and to mako
Of their and bales Of goods together with
those belonging TO the United states Tor the purpose
ola common defence against any attack OF the enc
my from THIS time peheve the plsintn was re-
strained rom leaving tne man BODY o. the army,
sHsaoy, py the sruer mentloneu ehhtso INTO the
mtsiy servee OF the ohiIeu seates, anu tnereiote
nhuer the etciusNe oreers OF the COMMANDER OF the
troops palntn was then encsmped near the troops,
ana WITHIN the present hmts o, ,ne state Oh Cninus-
hua believe thereiere thst before the lVtn OF feo.
ruaIy, ls47 the plaintih might at ms own riss OF
mencshs anu Inuians nave Le.urhea 70 'se onsea
% @n,hh .ne S.n ~ aa W. No. AZ he
eoulo not ae go 0oi. pohPnon Win tns a., ,, 81
troops uhder ms somrana inout my snu
ana tnen men, tne uiNers ol .he eoIn.shy
tram ana friendly Meneans amounting 20 iess tuan
lOoo men, ans having ~ oest WY %
transportation for the troops and TINS munitions OF
war, Ss stuaeu IN the very near VI .ns N ,
AMERICAN conlinen' IN .ne nlus. VI a nu
mr. men nsu S,i @ y, 80
uoWn Mnhou. ProPen c,osnint VI JIM n i.S P ~,
vision eBsns' tns emeht sesson oI w. ae
early ,piing ana ~Inou. ah NINA eacsp' enose 20
ianilsnvu Anu WI uo"n ~ t,, ~ a. a. "a,
them amo.t wortn.ss our pos,on ~ss IA 'ne mus
W ~ eneh y oou.''y , az wtsa,,ri
n or ,iht and Iss, Tor COO uilcs or mere tossrd,
so .ns vet Law a.sert uastss a, mcpntains ana
r.,ias rhsh.a univ nv bos,s SAVAGE. In our 'front.'
~ 49, 1900 -, "a N, a. force ,rss,Iv
nns,o, 20 anrorn and w. In boprIv on ,eet,tipn
s,,sct aitbs, MN IN. tyoons on IN. trains of
.i..a,r. txbtah o. 49, sys,s a. tbs,
rs,,i.nisr ,rom.nt n,ressarilv divided. our .pies
IN, brorh, r., r.no,ts ~ and
ua,y uiTua' =" pi,s snsr ivSSdln, 6,scs and
prsn H. NsSican n.onls thsmsslyss whom We
"a istt a, Tie town of IN pas, in our rear
au J' ., =, we sv"u ~ g., or reesption by tbe
49, '. '1e -, va. -. 4. - sS.I
~, =. 49,. y. ' 80. - u III, >. - -.
ty -. r. 49, . 80 y, ~ - -, .,,,tr,
had ley the large Mclean town OF FL rA,o SoT,s'n2s
soius .. 49, W ou ~ ~ - f,,h. 49,
uueu tste uuIihH our r'VehN ".NuPs'iSu VI 49,