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

been made before proper authority, and : devoid Of
loed BY law for the reception Of proof This last charge
has, therefore, no judicial validity and H. al the
Others insufficient to attach with injustice the trial OF
Durhin In regard to the moral value Of such testimony,
to be remarked first, that three Of the witnesses
are unqualified by reason OF reationshpone being the
wife, the other q broiher-in law, and the third
gocmother TO child Of Durhin; second that two Of
the French Witnesses Darger and Larrazp ceroed
by the French Consul a. they declared before the court
one Of them adding that he obliged sign deposition
he had not read third that this circumstance makes pre-
sumablc that the four remaining witnesses night have
Deen cocrced by the French Consul made 10 sign DE
caraton that had not been read them fourth, tina
even with such presumption, four witnesses cannot
stand against eleven Of the judicial process dfh that
other witness declares ociousy by letter. In entire dss
greement with the others, that in biasscd
and exaggerated to cay that soldier fractured the
skull Of Durhin with found by the
French surgeon who the accused by order OF
the French Consul sixth and finally that these deposi
lions do not deny the fact Of the wounds inflicted by Dur
him.
The Hon. Monsieur Huet presented certificate from
the above mentioned surgeon IN order TO prove the nI
tested by OATH admissible in trial and il exagge
rated as he refers to wounds other witness 10 the
cess ever saw inflicted That he had received con
tusions was highly natural after fight and the attempts
by dragging and throwing himself TO the ground made
against his own person.
Monsieur the Minister, am through the burdensome
task Of anayzng the process of Durhn presenting
his Exceency the plain and simple narration of the facs
deduced from Being confirmed, as IS by authenticated
do not doubt will be admitted consequence Of this
exposition that Durhn, aggTessor in fight, was treat
cd with moderation by the chief ard soldiers Of the
Ice charged with his apprehension and whom he nsuted
and attacked that the Judge, Suero, administered justice
70 him in very short space, and observed all the formal
tiles and proceedings demanded by law protection
Of culprs that though there existed full proof agaus
Durhin the Judge, Suero making Of extraOrJ
nary enency, absoved him of the penalty clearly incur
red and decided his crimes had been pureed by the time
he was detained in prison. and that ultimately the Supe
ror Court after hearing all the testimony and pleas
the case, applied to him the penalty determined by the
confidently leave the sound discretion of your Ex
cellency 70 determ whether in this any diplomatic
motive possibly be found based upon allegation
delay or Of denial of justice, justify the de-
mand OF the dismissal OF the Judge by whom the
Was tried, or Of pecuniary indemnify 10 be made 10 NJ
complainant now proceed TO enter upon this sec0nc
part OF the subject and Exceency will doubt
init me again TO call your attention to the difference which
exists between the judicial and the diplomatic view OF the
question: and chiefly reference the reasons which
solve the question: in m judicial aspect in favor OF the
vernment Of Peru For it is only in this view Of the cub
ect that the French government has grounds OF d
plomatic complaint, If indeed IL has any. fatter myself
that shall alec be able prove that In this Of the
subject the Of Peru s free the charge
having committed any grievance towards the French 20
vernment and consequently s not bound TO give the
tsfacton which has been demanded by the Hon. n.
Huet
In the note of N. Huet dated Nov. %, 1858, and
in the reply Of my predecessor Senior Zvalos
are gwen Of IT, @ Snor Hse in fsaon %
the imprisonment Of Durhn, act which legiti-
mate procedure the part Of the lawful tribunals Of
Perm, but which unfortunately, has given rise TO the
diplomatic complaints Of the French government, and Of
disagreement which my own Cover nment deplOres On
referring to the CONFIDENTIAL proceedings which have taken
place from the very first day Of the judgment against
him a. stated in the above mentioned notes. your excel
ency will perceive that the recapitulaton which shall
now proceed to make Of all that has taken place 10 In
feet harmony and accordance with the statements
tanned in those notes. and In others which have been In
As soon as the affair Of Durhin had happened Huet
requested Senior Zevaos predecessor TO be partcu
larry careful that all the forms Of law should be strictly
pursued IN the trial which about take place,
that strict and impartial justice should be rendered. both
against the original promoters OF the quarrel well
against Durhin himself Now before proceed further in
these remarks will here call attention to the fact that
the words Of NJ Huet, above referred to- namely, the
words the original promoters the quarrel ought not
TO have been employed; in the first place, be.
cauee AZ we have already seen. when the case
came on for trial the supposed original promoters of the
such act by any testimony legal evidence whatever
and In the second place, the words ought to have
been stricken out OF the note, because n Huet him
SELF IN note subsequent TO this, omitted these words
himself n
Although N. Huet in his anxious interpretation recog
nsed the necessity and prop.esy that ths trial should b
which he may be said to have accepted all theconse
quences which might result from lawful trial, yet
prsoned be demanded OF Senior Zevaos that he should
be set - liberty From This simple fact your Excelency
the Minister Of Foreign Affairs vas placed on sach de-
mand being made, and also bf the difficult position
yscn TIE sd 1 cause wa placed and
for me 70 say that when senior zevaos gave the order
out Of mere poteness ana oonSe,censiOn. 0 and
not from any requirement Of law or justice
In fact he issued the order for his liberation and
peated II second time but be took do II verbally
only, with the express stipulation that the execution
his order there should be infringement OF the usual
cause must indeed have found himself in very embar-
RAISING position when he was required 10 comply with
order involving two opposite and contradictory matters
However, In order to do all that possible for him to
do, he hastned bis judicial proceedings much he
could lawfully do, and having concluded his summary Of
the the sent TO the Minister order that
Huet might be satisfied that everything in the case
had been transacted in accordance law It was
al this stage Of the affair that the idea first conceived
Of arranging the matter arcably along with other mat
ters Of different kinds which all be made together
the subject of future conferences and negotiation These
conferences were Ia fact afterwards held and all the
other matters were settled and arranged list Of which
with the ndemues accorded and drawn up in the hand
writing of HUet will be presented to your Excellen-
cy, the original copy of which is now at Paris
The affair OF Durhin the only Of all
these matters which left unsettled while at the
time promise made that the CONDEMNED man should
be set at liberty 10 the meantime fresh obstacle had
arisen before the Judge to prevent his being Immediately
set at liberty, which action at law brought against
him BY one of the women whom he had woun led When
the Judge afterwards called 10 by Hnet
IN pereon for having sad that he had received orders
for setting Durhn at liberty, he explained the matter with
perfect proprety asserting that by orders he could only
understand written ORDERS and in this assertion he
fully sustained BY the law and practice OF the State of
Peru
Affairs, remained sixty days suspense only be led
anticipated and this delay, as have be-
fore, was the only one which occurred in the progress OF
the cause The occupations Of ST. Zevalos and
the carelessness of few others whom il s impossible 70
designate the only Of this delay, and not
Huet says, the clerks Of the bureau in the employ Of
the Minister.
Afterwards, when the case was carried up to Calao
sentence was speedily pronounced and the order vas is,