The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-02-08

A new phase in the Spanish Chilean difficulty which
first originated in this city tho seizure Of the alleged
prvateer Meteor is before the Public-one which
presents in still stronger contrast the fidelity Of our
eminent to international rights compared with the
Punc faith of England revealed by its observance
rather breaches of observance during the late on
when difficulty was England's opportunity On Sat.
urday morning last documents placed in the hands
OF United States District Attorney Dickinson informing
him that certain persons residing in the city of New
York were actually engaged in the violation Of tho
raty laws of the United States The persons who pre-
sented this information asked Mr. Dickinson as tho law
officer Of the in New York. TO take such steps
in the matter the circumstances demanded On the
ANIMATION OF the papers by the District Attorney he
on Monday morning. presented the entire matter to the
consideration of the Grand Jury Of the Circuit Court
the United States then In session On Tuesday morning
the Grand Jury acting the evidence before Them laid
before the court two separate indictments against
Benjamin vcuna Mackenna and the other against Dr.
Stephen Rogers
TIE INDICTMENTS
substantially the same The first count in the in
dctmeDt charles Mackenna with having, the 9th OF
December, 1855. in the city of New York. within the
jursdctio Of the United States begun a certain mill
tarv expedition to be carried on from the city OF New
York against the territory and dominons of the Queen Of
Spain with whom the United States and then
at peace to the evil example OF all others In like
offending against the peace of the United States and
against the form of the statutes of the United States in
such cases made and provided.
The second count is the in form the first with
the exception Of having set foot certain military
expedition &C.
The third count, substantially the same as the first,
charges him with providing certain military expod
ton.
The fourth count accuses him of providing the means
The fifth count SAYS that he began, got on foot,
provided aud prepared the means for such military ex
petition.
The sixth, seventh eighth and ninth counts arc the
same as the first second and third counts, with the
ception that they charge him with setting foot, and
so forth. certa n military enterprise
The tenth, eleventh. twelfth, thirteenth. fourteenth
and fifteenth co ns vary the charge so as 10 meet every
requirement Of the statute.
THE STATUTE UNDER WHICH THE ACCUSED ARE IN
The defendants are charged under section six Of the
States Statutes Pare 40 The section question says
Z" Be IT. further enacted, that II any person shall within
ae territory or Jurisdiction OF the United States begin,
set on foot, provide prepare the for any mill
tary expedition enterprise to be carried from
thence INST the territory dominion OF foreign
prince or State or OF colony, district people with
whom the United States at peace every person
offending shall DO deemed guilty Of high misdemcanor
and sha I've fined $1,000 and imprisoned not more than
PRESENTATION OF THE rsp,crMrsy
On thc presentation OF this indictment Mr.. Courtney
warraDis to b. issued TO Marshal Murray for the
of hackenna and Rogers The application At once
| granted.
THE ARREST.
The warrant for the arrest OF the accused placed
In the hands Of United States Marshal Murray at an
early hour Tuesday, and the deputy mnrhnls wcre
nj put upon tho track The places fcquentsd
by the Seor first visited, bit appearance
i in cn hese occasions and after rather tedious and
W arch the deputies ret rncd TO their chief
who moved In person. and after the accused
was in presence. Circumstances aided the Marshal
Al six O'Clock MarshM Murray and Deputy Poorc pro-
cected 10 tn house No Ill Ninth street While
motoring IN front person was seen to walk up the front
p an; and n hs bell The deputy Sows and
believe Mr. hackenna was IN The party then
20 deliver !, to Mr. Mackenna and else The par
Gel then taken inside and the deputy started
far the door and nscd for Mr. Mackcnna The girl and
nc not m and suspicious Of the look Of the deputy
or OF tie Marshal, who had closed up immediately shut
tho door The bolt, however gave way TO vigorous
application Of the shoulder, and the parties entered.
Daniel J. Hunter. and rcprs ntcd himself rs prvaie
secretary to Mr.. Mackonna He demanded tue officers
brsncss, which represented very important 10
NJ hacsenna and could not be communicated to any
else The secretary endeavorcd them that
there was nothing touching Mr. Mackcnna they might
not conhde to him, rs he was wen aware OF
everything that was going on and IL would b.
only FOOT h on their part TO mako conceaimrnt
that light but conceded Gar to send UP n card
viii; titious name, with request that Mr. MackcDaa
would deign 10 see him on ng busin 81 The girl
who had previously appeared at the door
moncd and the card handed 10 her for delivery;
but The quick eye OF the Marshal detected something in
that the girl shord taxi which convinced him that the
secretary des OF preventing meeting The girl
returned and reported that Mr. MacSenni was not in The
dinner, II being his usual dinner hour The Marshal
thn leaving all further rariey aside, assured the
tary that he would search the house and prevent all
egrcss ingrcss until he had found Mr. Mackenna for
whose arrest he was armed with bench warrant The
secretary seeing the serious aspect things taking
went up stairs and after returned with th" party
sought Tho Marshal thercupon exh blted b; warrant
and claimed Mr. Mackenna a. his pr oner. The latter
fbo Oatix,
10 an arrest or 70 go with the Marshal he claimed the
privileges Of his position rs member of the Chilean
Embassy and Secretary OF the Chilean Legation Mt WASH
ingion But OF course representations OF this
would satisfy the mind of the WILL posted Official, who
had his instructions from washington and who was de-
etiquette ~ be disposed OF afterwards by the heads OF
the respective republics Tho arrest consequently
made; and subsequently the Marshal nj the request OF
the accused allowed him 10 remain at his home during
the night leaving him in the custody Of two Of his
deputies
THE ACCUSED BEFORE THE UNITED STATES DIS
TRICr ATTORNEY.
Yesterday morning Senior Mackenna and DR. Rogers
brought by Marshal Murray the ONCE Of tho Dis
trct Attorney They were accompanied by their coun-
Mr. siourhton informed Mr. Dickinson that tho pro.
ceedngs with respect 10 the arrest OF Mr. were
all wrong, and demanded his immediate dscharg the
ground that he was member Of the Chilean Embassy
and the regularly appointed and recognized Secretary Of
Mr. Dickinson, In reply 10 these rcmarks said that that
the rs ntimation he the once had that Mackenna
wa ent tied TO any such privilege - secretary, ~ the
papers bis possession described him only the 'con
ndentia agent Of the Chilean government"
Mr. Stoughton showed Mr.. Dickinson a document pur-
porting be the appointment Of Senior Maokenna such
secretary
Mr. Dickinson told Mr. stoushton that he must treat
his information with the consideration its Importance
demanded and the Law Of nations required; but,
th mater now stood and on the information he had he
must have further proof Of the status 81 Senior Mackenzie
such alleged secretary. He would Immediately tele-
graph to the Sste Department ~ Washington 70 learn
Senior Mackenna was recosnzed OF BY the
government or connected In any way, a. secretary or