The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-10-18
ryENCAI EMIGRATION SCHEME.
rararal Ortega Arrested by
!. thc Sheriff.
Colonel Allen Charges Him with Dsps u
Over Six Thousand Dollars.
Superior Court-Chsmbers.
Before Judge MoncrieG.

Superior Court-Chsmbers.
Before Judge MoncrieG
legal proceeding has grown out OF the recent Next
can emigration excitement which, will be remembered
created small sensation In this city some months ago
The parties to the proceeding are no less
than General Jesus Gonzalez 0rega President Of the
Supreme Cou Of Justice and Vice President OF the Re-
public Of Mexico, and the we'll known Colonel VIM. H.
Allen, who has figured somewhat prominently in military
Circles and who claimed TO be the general recruiting
agent OF Ortega daring the emigration excitement
alluded to above Colonel Allen seems charges Gene
raj CStega with employing him conduct the emigration
projetv, on the understanding that all the expenses
Cured thereby would be assumed and discharges by
him Tor tegat and that after entering upon the
accordance with this agreement and Borrowing large
0rcga refoses to fa1l his Contract BY paying the OK
penses OF the Undertaking On this plea Colonel Allen
prevent him from leaving the country before the dctcr
mination Of the claims at issue She order OF arrest
granted on The ism Of September y Judge Moncre Of
taken into custody oy the Sheriff. and ba'led In the sum
Of $1,000. &
COLONEL ALIENS SIDE OF TIE QUESTION.
Colonel Allcn in his complaint that in the lat
ter end OF April he had several interviews with General
where agreement was made between them thst he
Aen) should become the general acent ~ the defendant
in organizing an army OF peaceful emigrants Mexico
which enigranis their arrival in tha5 country
TO become natualzed and settle permanent residents
In accordance with the laws and decree OF the Mexican
constitutional republican government In conducting
this scheme Of emigration Allen AYERS that no was to
have tho expend urc of all moneys and the direction and
compensation OF all sub agents clerks and ASSISTANTS
subject TO the general supervision aud approval Of Or
tcea and was to be compensated himself at tho rate Of
S24o per month for his services The emigration WIS
not to be In violation OF the neutrality laws nor In any
calculated TO compromise the United States
ernmcnt In furtherancc OF this plan and agree
mcnt Colonel Allen that he opened several
Offices employed several agents, advertised extensively
had considerable amount OF printing done, induced
numbers OF peop to sign thcir names as emgrants for
Mexico and performed his duty strictly aud faithfully
in accordance with his understanding with General Or
te0a In thus acting he says he contracted liability Of
no, less than 80 TAI, relying upon promise made to
him by Ortega the effect that he would reimburse him
for all OUTLAWS and provide for the outfit and trnnspora
ton Of the cmgrants to their destination This promise,
Colonel Allen aeg has never been fulfilled ana tho
debt Is still unpaid Notwithstanding inst the cmgfah's
are ready and willing TO depart for Mexico whenever
proper accommodations are supplied them Further
moro, Colonel Allen alleges that he Is informed General
Ortega has paid several thousand dollars 10 other
emigration agents employed by him lOtcga) contrary to
the agreement with the plaintiff and that he has in
his possession and under his control large fund amply
sufficient TO dfray tho expenses incurred by
just compensation for their services The complaint
winds up with statement TO the effect that General
Ortcga intends shortly 10 depart for Mexico with all his
property and effects, there important posi-
ton under the government OF his country that u Is the
intention Of he plaintiff 10 commence an action against
the defendant for the recovery of his claim for 50 7
and that therefore the defendant should be restrained
from leaving the country or give sufficient bail 70 Sc
| that may he obtained against him.
This statement OF facts Is substantially corroboraed
by two other aflidavs made by Mcssrs Patrick J. Ker
an and William Mentally, and on them Judge Moncricf
issued an order for the arrest Of General Orcga In daaut
OF 81, 900 bail.
| GENERAL ORTEGA's STATEMENT.
On Saturday last the counsel for General 0rtega pre-
scned 10 Judge Moncrief a number Of aiiidavs made
by General Ortega and other parties, and obtained an
order 10 show why tho previous order OF arrest
should not be vacated. This order was reurnabie at
| ten o'clock yesterday
ycs,, O,taca tha aoraraact In
affidavit gives substantially The following statement q
his connection with G lionel AIlen:iis came to this
country In April last on business Of public character
connected with his government, and shortly after his
rival shocked TO find that tho newspapers stated his
mission TO be the recruiting OF emgrans for Mexico
to.one Allen ho says opened several Offices without any
authority whatever and before he Ortega had even seen
him. The lrst time he had an Interview with Allen was
10 the presence OF schor Juan Logno, an interpreter
through whom be expressed 10 Allen his indignation aud
connection with project calculated TO embro his gov
ernment In difficulty with the United States, and told
him Allen) that he did not contradict the fasehoods
he had been circulating, he himself tor'egn would DO
compelled 10 do In the HERALD or May 10 contra
dicton of Colonel Aliens position appeared, aud
this fact prevented General 0r,ega from himself
sending communication TO the papers On the point Of
constituting Colonel Allen his general AGENT or giving
him any authority whatcvcr agreeing 70 de,ray his
expenses or those employed under him, General Orosa
| answers with Fat dcnai He says he distinctly in.
formed Allen that he (Alsn must proceed In tho basi-
ness II nj all his own responsibility and pursuant 10
| the laws OF Mckee, and must no account use hts
name in connection with the undertaking, which lac
(Drtcgal statOS lie Cnaract rixed as
terminate In failure la iact material allegation
made by Allen Is specifically and directly denied by The
General who concludes his affidavit by charging that the
whole preceding against him Is wicked conspiracy to
extort money from b m
The atda, 1t OF General Oresa Is supported by others
made by Senior Francisco Guliaga, Senior Juan Togno,
Senior Navarro Consul General OF the Mexican republic;
Senior Francisco Zarco Senior Francisco Tbarfa. Senior
Priscano Flores, Senior Felipe u Bernozabal, Gen raj
| Aureano Rivera and Mr. Charles Buttcriclf
On the argument before Judge Moncrei yesterday, Mr.
raron counsel for General ortega commended that The
Il
sbond therefore be discharged. u was not tiie
Generals intention TO run away from the country with
paving hts Just debts and the only reason why the
order 10 show canse asked for was becaGsc u de-
sired 10 leave tic city for Washington and other
points and wished the question to be disposed Oh before
| his departure.
Mr. John b. Holmes, counsel for Colonel Allen, urged
that General Orega should not be discharged from arrest
on the ground that the inieniion OF thai dsiin
gsisbcd parsonage 10 Immediately depart Tor Mexico
As 10 the charge Of conspiracy, IL thought u was most
! unwarranicd and uncalled for
The Court decided % adlourn le case until the 2th