New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-06-28
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CALIFORNIA.
posed.
CONSUL billions TRIAL.
M. of The N Y Trifuue

SAN FRANCISCO, Thursday June !, 1884.
The trial of Patrick Dillon, French Consul, on the IN
dctrnent for having enlisted men, or engaged them 10
enlist, for the Mexican army, commenced in the l. y
District Court on the 23d u and concluded on the
9eth with the disagreement and discharge of the jury
ten for conviction and two for acqutta Mr. lnge L. =
District Attorney alone for the prosecution, and the
counsel for the defense Col Baker formerly Con-
gresham from Illinois, and Gov. Foote.
In the commencement Of the case Mr. Dillon offered q
lengthy protest TO the proceedings against him. The Dis
tic Attorney objected the admission of the protest as
document without proper legal form, OF character
unusual Courts, and entirely irrelevant TO the issue
Dillon counsel contended that the Consul had the right TO
introduce the protest under the French Treaty and Judge
Hoffman permitted the paper to be read and filed.
The protest reviews the previous arrest of Dillon IN the
Del Vale case and protests against those proceedings
The Consul then protests against his Indictment by Inc
Grand Jury and arrest under it.
Firsly Because some of the Grand Jurymen had been
empanelled in the Del Vale case, and had formed and
publicly expressed opinion of the guilt of the prisoner
Secondly. Because, under the treaty Consuls, French
and American exempt from arrest except IN cases oil
crime" (crme meaning any act bad in ITSELF and not
merely forbidden by the law, which later only such en-
listment ISL
7Krdly Such enlistrenis practiced by all civilized ma
tons notable examples having been many enistnents OF
the l.. s. army from La Fayette TO Gen. Bernard
FourfIly. Because the Neutrality Law intended
ONLY TO prevent the enlistment of American soil
with intention attack against the will OF some friendly
people but that there such character in this en-
lisment.
FLlv Because the bench warrant issued for the arrest
of the defendant was technically wrong, and because the
Grand Jury had found the indictment without permitting
the defendant TO be heard; and
SixtlIy. Because attempts have been made, and are
being made by certain influential Federal officers 10 make
it appear that the honor Of the American people inter
ested in the defendants being compelled to do what he is
exempt by treaty from doing namely to appear as wit
ness before American Courts of law or 70 be arraigned
under some form before the said Court.
The Consul denies in his protest that he did enlist
or engage them enlist in the Mexican and AYERS
that this proceeding is but continuation of those pre-
vious measures which led the arrest of the under
signed under circumstances admitted by the Court itself
"to be unlawful and insufficient" The signature is
simply Dillon, acting Consul for H. NJ. the King of
Sardinia and for H. NJ. the Emperor of the French.
Judge Hoffman remarked that there several points
in the protest which might properly be introduced in
demurrer and if sustained would be good answer to the
indictment but the Court could consider them in such
an informal paper. Gov. Foete answered that his client
did not wish to take advantage OF any nforaltes but
wished to show that lie did not surrender his rights
through ignorance or by and for the charge
he met il with and defiance.
The Jury having been empanelled, the following per-
sons were called witnesses for the prosecution C. L.
Emmett H. Chau,ieau, +. Cavalier. ex-President VIM.
Walker ex-Vice-President II. L. Watkins, Gen. Wool,
George {. Bates and Samuel Wari.
Mr.. Emmett Attorney for Del Nalle ON the trial OF the
latter called upon produce certain letters written
by Dillon to Del Vale; but he objected he having re-
ceived letters condeniay counsel and the letters
being part of the archives of the Mexican Consulate The
for the defense made objection TO the admission
of the letters and expressed their intention TO Introduce
one of them; but the Court sustained hr Emmets OBJ
jec,ions.
Messrs Cavalier & Chauviteau, the owners OF the
Challenge testified tina; about the end OF February Count
Reousset proposed charter the Challenge as they sup
posed 10 go to Quay with hIbusters that about the
LIST March Dillon knew o. the intention OF Del Vale to
engage soldiers that D. ised them to let the Challenge
to Del Vale to take his expedition to Guayamas and gave
them introduction for that purpose that Dlon knew
OF the contract for the employment OF the Challenge that
Dillon advised that {. 4 c. beng trenchmen should
engage the that Dillon requested them to do so in
the presence Of De- Vale; tina. D., in the request
TONED that the men would he told that they should serve
q year IN the army of Mexico; and that Del Vale re-
quos;od them 20 give the preference 20 The who had
ser, I'd in Bouibons fret expedition.
Cavalier TESTIFIED that the 18th March he had in
teryisw with Gen. Wool in the presence of Mr.. Dillon
that Dillon then told Wool all that they Cavalier himself
Dillon knew Of the affair OF the enlistment Sc that
Wool did not then, nor at any time after till the OF
Del Vale the inegaity of the enlistment or pre-
tend any objection to the expedition except he
supposed be OF hbusorng character and tina, on
that occasion w o0i sdNiscd cavalier
lad contract and would paid; after the lorna
ton If the Del Vale BouIbon applied t.. perm t. 20
in the Challenge but refused and ubse quenty prom
ised that he would not attempt to 20 70 GuyaGs among
the names of those the list OF the Challenge we're sc,
eral sonlen and children
Walker was asked whether he knew If any connection
between Dillon and Boulbon for hibusering sonora
but refused answer because he would himself
Watkins was ed whether BoulbOn hal called upon
him TO get boat to board the Challenge, just before the
departure Of hat yerse but the witness refused
sNer "a il might lead 10 something that would cTinate
b,mseE A French gentleman, who IVES Interpreter on
tn. occasion between Watkins ana b"noon wa called
a. witness but he had utircy forgotten the
GEORGE e. Bates end sam. Ward were called 10 prove
ce,ree,;ou between p.lou and BCsb3n ycas 40 %