The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-01-28

mandng ocer had all his clothes torn TO pieces and his
police station, which he wen deserved BY these acts, he
threw himself the ground he dragged along and made
all sorts q efforts % appear - he vas mAitreassd
into wagon TO be transported 70 the prison, only he
the determination Of marching along peacefully.
officer the last soldier all having suffered the greatest
imaginable outrages, was great indeed, and would say
oisson might have ended fatally 70 himself These
facts amply supported by the unanimous tes mony
Of eleven wen qualified Witnesses two of them country
clans whs attended the wounded and the decar OF
the sufferers themselves 1t the preliminary examination
The process carried according o the legal FORMS
till its dDal result in the nence Of folio A. given the
9th Of November Of last year.
Os Of the hundred twenty nine days duration Of
the process there must be deducted that
gers were detained at this department leaving only
~ nine days for the prosecution Of the trial by Judge
Of Caao who could in NO way be accused Of delaying the
we consider this process in the light of its legal.
iy and justice, will be found that eleven rrsproachabe
witnesses testified uniorm that Durhi was the aggrss-
cor, having dangerously wounded TWO ana very
seriously tws men, who endeavored to stop the Tight II
has been proved in the most satisfactory manner that
Durhin is guilty of an assaut and battery. And IL u
worth notice that IN criminal trials two witnesses make
full proof, technically speaking and three witnesses
srs sa Ss esss o. o
resisting and assanltng the officers OF the law while
same number Of wne.se: testify 70 the moderation Of the
BY provision OF the constitutional charter every citizen
is empowered to delinquent in agyanti he
is not policeman Therefore, is not required that
the policeman had written order 70 apprehend
Durhn, and they could not avoid getting
to his house when there was therein . wounded
woman, whom, was to be expected be would continue
to mareat The trial went according the proceed
ipgs prescribed by law as guarantee in favor OF the
cused and Durhn refused 10 call Witnesses AMI ad
duce any proofs his behalf, not wanting to sign
the judicial notifications, the Judge appointed for him
lawyer who defended HIM with zeal and ability TO the end
Of the process do not hesitate cay his Exceency
that there criminal trial the delinquency
Of cuprt more clearly demonstrated than in the
Of Durhn The laws applicable TO the very
explicit Imprisonment and subsequent exile are the Pc
naes assigned by the statute for he offence OF assault
upon the legitimate authority Yet the Judge OF the
lower Court Dr. Suer0 the same Judge whose dismissal
is solicited by the agreement with Senior Rvero absoves
the accused Paul Durhin declaring him sufficiently pun
Mons the v
lated the law, not certainly To the prejudice Of
Durhn but TO the grievance Of justice and Of the parties
offended or honest people unjustly malreated and de-
prved OF the labor Of many days Tho eniency Of the
Judge does not stop here but he FASTENED TO berae the
cuprit, without first consulting the Superior Court
required by law. When the government knew of this
process he ordered this requisite 10 be fudled, without
returning Durhn to the prison. as he ought to have done
This omission alone might have caused nullity In the
process The Superior Court taking into consideration
ali the facts adduced during the first trial. as well
hin, according TO the Representations made by
the Imperial Charge GAaires, revoked the previous
tence and condemned Durhin 70 year Of imprisonment
and perpetual exile from the country in conformity with
q law Of the Novsima Recompiacon OF which there il
copy enclosed This Spanish law In force yet in the
republic and only the second Of the offences
committed by Durhu The nst one that Of the assault
and battery remained unpunhed; and even the penalty
imposed by the Superior Court had no effect because the
cupr absconded from the house OF the French Consul at
Callao.
After exposing To his Exceency the facts and judgment
in this trial. supported by the laws OF the land well
authenticated by all the formaes prescribed by them
might superuous to answer the charges adduced
ne Consul General and CSaro %ssr aset but
BY way Of courtesy TO these French unctonares and
for the better understanding Of his Excelency, Ipro
coed 10 give such
The first charge of the Hon. Mons Huet is against the
police for the violation Of the private dwelling OF Durhn
without previous order arrest from the Judge II has
been remarked already any citizen is invested by
law with the power to any delinquent hagra
and that the house Of Durhn entered by the police
to of the engaged in the QUARREL whom
he had malreated and whom they thought he was yet
maltrestipg.
The second charge is that the Judge refused TO allow
the Secretary Of the French Consulate at Cao to act
Interpreter Of Durhn during bis preliminary examj-
nation. Hence comes, Mons Huss says, that the
culprt called oy three ainerent names-hios,
Oiarson and Durhin Ine Judge did not admit or
en Smcious nrss cecinse sne socesca SPOKE
wen me spans LAYING iessoeo .ong u@e N One, .wo
years IN Area eno aootwo ycers C1ne9; ana seoouo
because the courts are provoed VIM ecsl interpreters
ior ne examnauon OF criminals ana winessss speaking
foreign language ana no otners can DC oroer
70 prevent Visits and rom an interpreter
parts 70 the accused Tne tnree names gwen 10 ne ca
pf came rom me ~ & III .ne
second, IN Caao or ~ ieast 10 hs astrct, ne known
by the name OF Oarson and s sucn ne was seized and
denounced before the Police Court anu tnro the cupr
Paul signed ms declaration 10 good writing and WIN ready
nand as taolo KOS Let tnat De AZ might, what wrong
has been done 70 INN by the three derent names under
which be mas oeen designated IN the processf vi wnat
use could De ior MIN the wished 70 De suos
tued or the Official onef Inc accused undestood very
well all the questions propounded 70 hm describing the
acs 10 the way most favorable 70 himself Ihat ought 70
nave sausnea the zeai Oh the hon MONS hue'
Ihifd cnsrge.-hohs Hue. says !nat tne Judge, III;
SueIo wsnng 70 proong bnennaey Tue impfiapnmenl Oh
tne cupIit, IVe1uu tnat mere was CIVIL SUIT against
MN on ine part OF inc wounded women. Inc Ju lge CID
not invent tnis neiiher dd ne call civil SUIT Among
De 10 De presented 70 lhe consderahon OF ms
EAcenency, mere is Tue Fsumony OF carmen fs
Pnosa ne woman wounded ana smut up IN me 1ouse OK
Durh wnch tnat ne offered ner money U desst OF
her action against him. The Judge alluded TO this cir
cumstances when ne Denied the request OF the
Minister Zevalos TO discharge the culprt Along
with this charge comes another one from Mons
Huet, saying that the Judge refused TO discharge
the prisoner under ball. when the wounds he had nct
ed had been pronounced TO be not dangerous The cil
pr was not only charged with the wounds inflicted by