The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-07-01
Aflidavits as to the COnspirac!
Against Macmillan.
LETTER FROM THE GENERAL
JUDGE GROWERS DECISION.
HE DISCHARGES THE PRISONERS.
&c. Ac. &c.
Supre me Cours-Cha mbcrs.
Before Judge Grover.

"
liam J. Taylor and Others order of granted
by Justice of the Supreme Court Of this STATE by virtue
OF which L M. Montgomery and A. Il. Canedo were
arrested placed under restraint 10 await the issue OF
civil action brought against them by complaiuants for
the purpose Of obtaining compensation for damages
which compliments alleged they had sustained on &C.
count of false representations made TO them by the
parties complained Of said false representations
alleged consisting Of statements by defendants that they
acting agents for General Santa Anna In pro-
curing q vessel and munitions OF war TO be used by
Santa for the complishment Of certain object
he had In view but which not clearly stated by de-
PENDANTS
On Thursday last motion was made in the Supreme
Court by Mr.. Cutler, counsel for defendants, that
the order OF arrest should be vacated on
the ground that fraudulent representations
had been made by defendants: that they were
the ON fde agents OF Santa Anna they had repre-.
sentcd and that consequently Santa Anna and not they
responsible for any arrangements made BY them
his behalf. several aidayits were put IN evidence TO
sustain the positions assumed by defendants counsel
They were read to the Court and the reading was followed
the reading OF affidavit from Santa Anna epudating
de endants as his agents. and other aiidavits OF
We lately published an abstract of the affidavits
read by the dc cnce and also Santa Annas affidavit IN
rebu tai and publish TODAY all the material parts OF
the afidavits read by the defence.
AFFIDAVIT or soLoN Dixie.
This witness that he called General Santa
Anna, the request oil Mr.. George Phillips, while
visit at the Island of ST. Thomas about the 25th OF No
vember last that during the conversation between de-
ponent and General Santa Anna through Mr. Phillips
interpreter General santa said lie DESTROYS OF
returning TO Nexico 70 assist In driving Macmillan out
of that country and establishing republic, but that
order was SIM In force In the United States prohibiting
him from coming INTO the United tacs II that ord
could be annued and he allowed to cross the Rio
Grande ana th re find one thousand good Americans to
obey his orders, that he could drive axmiiian out Of
the country he also aid that If deponent could hep to
carry out that plan. Opponent should be amply remu
neted; deponent replied that II coud DO DONE and de-
pouen says 1t understood by him that he should
correspond with his rend Mr. Phillips the subject,
which he has since done; deponcni, on his return TO
New York, consulted with Colonel l.. NJ Montgomery in
relation this proposition Colonel Montgomery thought
favoraby OF IT, aud commenced to work with deponent
in iurtherng the project ANITA Anna also delivered to
ponent for distrbut on, several copies OF proclama
tion to the Mexican people,
APsIpAvIr OF ANDREW II. CAHEDo
This witness AYERS that about the 5h day OF
March, 1885, he attended meeting at tbs residence Of
Mr.. Mazeura No l01 West Twentieth street. and that
there present Montgomery, Mr. Baz Mr.
Mazuera and Mr.. Jube; tie said Montgomery and
Aazuera produced letters from Antonio Lopez dc Santa
Anna, which were read and interpreted by Baz.
Maznera through his interpreter represented msef
the commissioner OF Santa Anna, and produced paper
purporting to be commission from Santa Anna, which
commission delrgacd fui and ample power 70 Mazucra
to act in every way the agent o Santa Anna and said
commission duly signed by Santa Anna and attesied
oy the Peruvian Consul Deponcnt further "a th hat
Mazuefa, through MS interpreter Ball. stated at Balz
was in his conad nee and would act for said commits
sion. Deponent further smith that at subsequent meet
ing II was agreed that dcponent and Montgomery
should purchase . steamer, TO be pad for
by drafts drawn on General Santa Anna by said
MaEuea for one hundred thousand or one hundred aud
eighty thousand dollars 10 gold Deponent called UPON
Mr. Baz who stated he could represent Mr. Mazuera and
informed him, Baz, an arrangement had been made
with banking house TO negotiate said drafts upon the
commissioner showing his authority extract from
the financial part of Il, whom Mr. baz said hs would
ha aUntiSn Al his law
Mr. Bterton who he has been Informed and believes y
absent from the city, assisted this deponent in nego
ing the dra Is, and that Btteron also called upon hr
Baiz and stated that Of tn banking firms could speak
Spanish and would DO pleased 10 M Ms1acra and
anime hs authority ~ strict confidence ana II sasiac.
Daiz and Mazucs thcy replied they did not wish to
pose their authority and declared, intimang thereby
that the said powers contained authority either 10 viola
the neutrality laws 10 do other illegal
raniabe act which they desired that other porsun
should see or examine And deponen, further saith he
sent for the purpo aforesad Boston 10 negotiate for
q which co1d be purchased without the cash.
This witness. after recapituatng The transactions
connected with tho purchase Of steamer for santa
Nor does the attempted Reputation Of Santa Anna in
any respect Affect the bel Of Of the deponenL In
attempted revolutions Of oh character thai In tho
prosecution of VIII oh Santa Anna Is daily consprng
and forwarding, Is by unusual cir.
cumslauce for leading consp TO dsavow tho
OF his subordInatcs whenever IL becomes TO
and uphold Thorn; and he believes such instances
have boon BY no means rare IN the past lie OF Antonio
Lopez do santa Anna"
AyripAvirs or =. W. ROBINSON AND THOMAS ..
These witnesses testify that they are personally
quainted with both the defendants, Montgomery and
Canedo that they know that in January last the defend
ants were negotiating for material steamer, &c !;
that deponents went 70 Boston examine al
the request OF de- endant Canedo TO determine her value
aud whether the vessel was Of tho DESCRIPTION required
by the defendants that defendants In ormed the
ponents that such vessel was required for Santa Anna
that ON the return OF deponents from Boston negota-
ton was begun for the purchase OF the steamer Agnes
instead Of the Boston steamer, for the purpose
The balance Of the testimony Of these parties Ia no, OF
special interest
AFFIDAVIT or L. n. MONTGOMERY.
Louis Morton Montgomery depees that o. the close Of
1855 Don Antonio Lopez do Santa Anna formed and
tered upon scheme 10 overthrow the Imperial govern.
meu Of Mexco that for that purpose he DESTROYS
carry out the snispnss IN the United States tha; while
still in 50 Thomas he prepared proclama ion TO be is
sued TO the Mexican people, and that subsequently he
sent deponent the following letter.
Mr.. MoRroS MONTGOMERY, Now York;
p.1H sayosr ah hshy esteemed fsvcr Q, The a
feelings you entertain toward Of which ~ sndsayor
e ss's dressing n s. ny %
who doubt uu. sm soa9 sss.. ra s
roach me puncualy lnssmoeh ss III. situation Il impor,
yoa as you rightly fsmstsod that iSsi matters ARE every
Ss sS%lI .,d s tel you cha, Ssr
20 that governments with ample powers FOR all l6nss
70 aaa fss SoSs
cause 10 which We are devoted you may speak 70 him wi
ready written Mr. Mssuera that he might Ike
ak 10 you take this occasion place self your dis
position and to you OF being faithful
want who desires your happiness
A. l.. Oh SANTA ANNA
Deponeni further states that he had Official state
men Santa Anna that he rcpudatcd the Of the
doponent aud those who acted with him until the
cept OF letter the 2Ith day ~ May 1865 from the
said Santa Anna In which he states with characteristic
mendacity and cool confidence that t Is clear that tho
misforunes which have occurred you the purchase
OF steamer with which thought TO render services
Mexico obge me 10 repeat TO you that had the
least share In this action and that gave you
structions or orders either direct indirect 10
this kind o expense. ] would subscribe myself &C y
And deponent adds, that however such statement may
be in accordance with life long spent In ntrgues 20.
ltca al and otherwise In which dupiicity and GINNING,
fasehood aud deception re the daily and constant
weapons used by the said Santa Anna, yet In view OF
the herein elsew stated and especially OF the
written documents In which said santa Anna has
and again averred bis purpose 10 revolutionize
MEXICO, and IN which he furnishes ndubtabe evidence
though much Of IN the ambiguous and blind language