The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-15

Exanainatsen OF Her maJesty's Consul Of ola-
cinnau for Violating tne Heutrality Laws.
From the Cincinnati Gazette, JAY 1871
Francis Bsgget, an officer who assisted In the ar
rest, produced railrosd tickets for Boffalo which
he had taken fiom Reidy, one Of defendants.
John Kamerer {bsipg German, was questioned
to Buffalo, where he was pro missed work; knew
nothing Of any intention 70 80 further. (He was
one Of che men arrested on the csrs.)
Mr.. Rsidy testified to the list of men (the list was
copied By direction Of Capt Poshner) placed IN his
charge, with railroad tickets given hin by Captain
John Ellis assisted in making the arrest.
Evidence for government closed here.
First sitness for defence was A. o. Russell. who
vas called 10 prove that the Consul protested
against being arrested In his own house.
Mr. Mylotse stated that Mr.. R,wecroft reminded
Mr.. Bennett that no was the representative If
Es sndhis person was Sacred ssrS: Asked
that he did not wish to take him on cart or express
wagon, but should certainly require his presence
before the Commissioners The documenH showing
Mr. RovscIots appointment by the British goss1a
meDt by the authorities at Washington. with all
the privileges &C., granted 10 the Consul OF any
patton, were then presented TO Mr., Anderson, and
read. He then read from % ,sulaf Convention,
ratified between the UDied States government ant
the Emperor OF the French, in 1858, section 3 Of
which says: Consular Offices ard dwellings, shall
b invi0lsbe-l0cal authorities shall not invade
them under any pretext. 10 no case snail they
seize the papers therein deposited. In no cave
sbsll the off ,es or dwellings, be used az places Of
aylum." This, 1t was contended, protected Mr.:
ROwecy0ft from arrest n his house, and rendered
hs detention mere illegal.
Mr. TAT commenced his argument about eleven
O'Clock, and continued until the hour of adjourn
ment He reviewed the testimony, and made,
among others, the point that actual enlistment was
necessary to constitute the crime charged That
men had legal right to go to Canada or any other
min f,rf 10 rs cffun onA fank mon
had right to assist them In getting there, either
by information as to routes or by money. This he
SUSTAINED by an argument Of some length.
At the opening OF The court at two o'clock, Mr.
nearly two hours. He made the following points,
l. That as Mr. RowecfofG was exempt from arrest
in his owr house, the cours could not take advan-
tsge Of the wrong Of its own officer, and try man
thus illegally brought before it,
2. That the warrant on which hey were arrested
was Defective. 1t charged various offences, COM
mitted OF various times-~as vague and uncertain.
They could net know from tina, warrant for what
fence they were called to answer.
3. That enlistment was necessary to complete the
offence.
4. This was not conspiracy, and, therefore, Mr..
Rowecr0ft could not be bound by the declarations
rscy, it necessary that they should be acting to
effsct the came purpose. In this case defendants
were coEspring to get for themselves bounty money
and service from the Btitish government, but the
Consul was only acting to supply the government
with soldiers.
In the argument of the case the whole subject Of
the WARMTH the question OF the holy places, etc.,
was discussed.
The prosecuting attorney. Mr.. Jewett. folio we'd
Mr.. Anderson, and occupied the whole Of his time
in retuting the roints Mr.. Anderson had made.
After concluding his remarks, he requested that
the British Consul (wh0 had heretofore been left at
perfect liberty) be put under bonds. This the court
refused to do.
On account of the novelty and importance Of the
the court postponed it's decision, bat to fixed
time. It will probably not be given until the cases
are all tried.