New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-11-04
LAW INTELLIGENCE.
The Mexican Emigration scheme-@roa'
Contradictions as 10 Chnracter-Who
Authorized the Movement.
UPERlOR COURT-CHANRERs-Nov. 3.-Before justice

at
emgran,s TO Mexico That that time Gen. Ortega who
Vice President Of Mexico not acting In an oincai ca
psciy but employed The plaintiff as MS sCe ana
u sub AGENTS and Of expenditures In the mattel mat az s
time defendant promised to pay the sums sd out o he pam
tiff with $40 per month for himself that the orsanaion
should be conducted in such way e. not to compromise MS
Government or himself -, 4,
That the purpose Of inducing him to enter into the
the defendant informed the plaintiff that he was
be furnished with That deponept went on aud
conducted the business with great prudence SKIN and
employed SCENTS advanced money and paid expenses unti
nearly $1,000 due him. and enlistng many men who are
ready 10 10 10 Mexico peaceeb!e immigrants without any
by the Government the United States and
with the kuowl ledge Of Gen. Dix aud other officials
That he has several asked for repayment OF his ad-
vancos and been put with promises and Representations
that the money would soon be here. -,
That the defendant contrary to his agreement empoyeu
other agents for the purposes and was while refusing
him money amply supplied with money for the same purpose
that he is m in possession OF funds which ne 70
hat d.ndn r. on the pon, of leaving for Mexico and Is
about depart from the State with intent to deaud 'ns
Ps,riek j. Herman and William McNaly confirmed in most
respects the affidavit of Col Allen. AZ -. .,
Gen Orega moved afdavs to set aside TINS order o
arrest and after posponements the motion was argued
Mr. Parsons In opening the matter for the notion stated
that he believed the sufficient In not stating the
grounds Of the arrest but before arguing 'a' point ne
The Court wished know what points the plaintiff In
tended to rely to sn.isln the arrest ,,.,.,.
Mr. Holmes sisted that they intended 70 rely on the iraud
lent intention remove aud on the fraud In contracting the
debt !,
Tense. and first that OF 80
Gen Jesus Gonzales orte, who makes affidavit that he
at OF the Mexican Republic end this country
business connected with his Government In April last thet
only between himself and deponent was t
that some newspapers having stated that the OBJECT oil
s visit recruit men TO to Mexico and having oc
served that Allen opened Offices for enistinz men, no et
shocked and at hi. Aens proceedings. they being
unauthorized and calculated to involve his country IN diieuy
with the United State, Government; that lie had never be-
fore heard Of Allen, bat that alter Allen called and IN
troduc.d himself that their intercourse was through an IN
terpeter and that he then reconstructed in the strongest
terms with Allen in regard to the business be was doing aud
the unauthorized he making of his and told
Allen II be did Immediately acknowledge in the newspa
pers the fssiy OF the statements be would do hm.et
That Allen caused such notice 70 be published in TIE Ne
YORK. Herald In gnei r.. Wion, Secretary Mexican
Figr,on socie.v which was the company Allen progressed
to avo and his prevented lin from appearing per
That Asn requested him TO give authorization but
that defendant snphatcsly refused 90 TO do telling Allen
under the M.rcsn aw Of August H. 1885, and must take
step iuyoy. the Mexican Government, That Allen ae-
ceded snd ld he should continue the business ia the manner
indicated on his D.pOneut FORBADE Allen from
using his that not word said about his paying or
being responsible for the expense. and deponent distinctly
stated that he mus. refer depoucBt IN any that
the whole business foolish and would prove failure be.
side involving Allen in large eNrensc for which he would
hare no Je,0a OF gOrrnu,cnf took for ysgbwyereat
few days AFTER lie requested Allen to please not can sSan
or write to him unless depoucnt called him. TO which Allen
but did several letters about the bui
Of which deponcni tooA no notice further than TO destroy
Deudan, ha. been repeatedly called by persons know
II be he'd given any authority 90 Allen but bad always
prompy denrd He never requested Allen furnish bin
with reports the proceedings rccyedany or promised
o ns except thosc Necessary or his private expense
stated that he expected to receive any funds Tor sueh
purposes.
spirncy 10 eItor money from far nom home lie
% tie vacation # the order for the that he desires to
Froncisco Guelioru and Col Juan Toeno, one Of the
General. interpreter. confirms his sa,ementn stronger
teiWs.
with Col Aliens proceedings, and is assured and fully be
eye that he and others engaged in the same business all
a fl.tra Allsn cam
his office and admitted that he had authorization what
ever from Gen. ortega to carry on such business,
Francisco Zarco aomer Secretary Of State Of the Mexican
BePubc states that Col Alien called on him aud stated that
e had asked authorization from Gen oega bat had no,
obtained il, and requested him TO solicit nom the General
authority that he did and Gen. Ortesa refused
positively, adding that he had no power TO do so
Francisco ibana Prisciano Flores and Felipe r. bemora
bel all inquired the General whether he had given such
thory, and received decided negative.
John D Slurey onearmed soldier swear- that he was
secretary of the Sonoia Mexican Emigration Company
Col Aliens company, the painiih employing him aud
himself tina, he remained secretary till the middle OF July
aud familiar with all Aeus operations. and be Is very
Allen paid any money engrAnts and none
Of any consequence TO any one connected WITH he business
that he deponent any except once 70 cents that
becoming satisfied the aais humoug he hnly et the
That he became well acquainted with Allen and his chsrae
yeracity in the cAmnny was bad That ne also be
came acquainted III the characters Of kernan McNaly
that they engaged in the ybrokng business ent
arrested by Col Baker: orers @d sent TO Fort Lazy
cite with the lsfg. party Of bounty and jumper. ar
rested oboken aud that their reputation Tor yeaeity wa
decidedly bad.
That becoming suspicious of Aliens stories. he day
when he had been Tor money and Allen had sad he
would 90 Cen ortega tor some followed HIM and ioun'
that instead OF going to the Generals he turned down os
ton It, and back aud depoueni having slipped ~ he
fore him. Allen told him he had just called the General
who promised to so down towna once aud ge, none! an
| give u TO Allen
Col William Wilson that he called on Gen Ortc
the latter stated that Le did not authorize Aliens proceed
ngs and much annoyed by them tina, he Was not EN-
powered induce by any means 20 Mexico
That he had money rpeas applicable to any such pnr
pose that his Government aud people confident OF tina
success aud waited patiently with implicit confidence Tor th
open friendly and active assistance OF the United States
when that time his Government would b. prepared h
CAD receive volunteers from the United States that
Aliens reputation for veraciy is bad and deponent ond no
believe him under oath Lis reputation In the army was had
and while under arrest for misconduct or violation OF odor
he got drunk aud behaved 30 improperly that he was tried a
dismissed the service In disgrace.
Col Addison farn.worth swcars to Aliens bad chaacte
for yeraey and to his having been dismissed the service
disgrace aud that he IL informed aud believes that Allen wa
dismissed from the Police Department for disrcpua6e con
duct aud that dcponcn In one instance knew o MS swear
ing falsely.
Amer reading tho adavts Mr. Par,on. stated he had SOM
others which he would read In nyhing was Orons
out on the plaintiff q rebutng aiidayis . 49,,
the first of which that OF the painh himself suostai
italy r-sming his affidavit and further stating ina
he had not caused the insertion OF The wilson letter pnt ina
about that time the defendant said too much publicity ha
been given 10 his name In connection with tho business tina
ho had gwen official authorization TO HIM and the agree
that nothing should be done 20 violate the neutrality
involve tho Government had been broken
The plaintiff made full explanations: .
That sheHray had been discharged oy MN Tor Their AM
That he had oiten given shehsy one or two dollars
which sheiir,y had 80. dIuns with 70, william. wu,o,
officially and that he had bees compelled by the d,
orderly condition OF his tWson. reginentt to interfere re
poatedy, thus bringing on h,,su enmy ne MAJ
refused TO Associate WIN W. ''" v" "eco"n' o "s 81
PI.inta. discharge from tho service from Gen But
er masvoenee 10 having offended him by supporting on'