The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-02-15
THE CHILrAN CASE.


Tho Rights of Foreign nsnissers and
Members Of LegatIOm-Ch Case OF
Doctor ROgers, the Chtnan Consul
His Exequatur RevO7Sed ny the PregI.
dent, ETC.
UNITER STATES CIRCUIT CoURr-Before Judge
Shipman.-The Case of The United States us.
Senior B. ViclIad McKeaad, charged with
breach Of the neutrality laws CT the United
States, in preparil and fitting out q warike eX-
petition under the Chilian flag against the Spa
nish navy, came up yesterday in the United
State Circuit Court before Judge Shipman.
Senor McKenna, who was in court in company
with his private secretary, Mr.. Hunter, paid
great attention to the proceedings, which, though
ol preliminary character, were very interest
ing. Through his counsel, Mr.. Il. w. Stoughton,
he waived his privilege as a Secretary of the
Chilian Legation, which he otherwise claims,
though not presen ed as such at the time of his
arrest, and put himself on trial, pleading not
not guilty TO the arraignment. The Trials OF
SenOr MoKenna aud Estaban Rogers, Chilian
Consul at this port, fixed to come OIL early IN
March.
ANSWER TO TEE INDICTMENT.
Mr.. Stoughton-May it please your Honor, l.
was understood that this motion would be made
this morning, and tue United States District
Attorney had notice to discharge Mr.. Mckenna
from arrest under the bench-warrant on the
ground that he was the accredited Secretary OF
Legation from the Republic oil Chill to this
country. On Saturday last | caused to be served
on the learned District Attorney, now here,
copy of the papers on which the mosion was to
papeIe to your Honor when such disposition of
The matter may be suggested rs think will not
be disagTeeable to my learned friend on the
MR. M'KENNA's AFFIDAVIT.
The United States VS. Benjamin Vicuna Nc
Kenna-Umted States OF America, Southern Dis
trici of New YOrk.-beniamin Vlcuna Mckenna,
beng duly swoIn that he was born IN santiago,
the capital of the State OF ChIh chat his family had
been connected for many years with the pubic SER
vice of that country; his maternal grandfather,
General McKenna, having been member of the
earlier executive Government when the country
broke the yoke of spain in 1910; and his paternal
grandfather, aIresident, some time atter that ne is
isSed several ioiiticaI and historical works, and
subsequently been menfoer OF many learned So
cleties both in Europe and south America; that for
OF the House of Represen' atives Of the
o ona m vef ahd retainer thst when 'b 4be
Spanish Government sent a feet to humiliate his
country under the most scandalous pretexts, he was
requested by the secretary of state of the republic
Hon A van COuarIaas to come TO this country in
the capacity of Secretary OF the Chian Legation at
W Washington and as confidential a. ,ent OF the Gov
ernment TO awaken the public opinion of this
country TO the righteousness justice OF the cause
Chill, and by this means to increase the feeling OF
friendship al mutual interest existing between the
two counties, which always particularly since the
war OF the Rebellion broke out, were on the most
amicable and intimate 0s, Chill having consented
to pay the only claim made by this country upon her
treasury and which, before the Rebellion, the Gov
eminent had refused to yield for more than thirty
years. That he unhestaungly consented to serve his
country in those capacities and sailed from ValpL-
raiso on the next Monda the I'd October last, in
an English steamer bound to Panama, and thence to
This city, where he arrived on the 18Th of November;
thas previous 70 his departure ge only time to
receive few letters OF introduction to this country
having been principally thus favored by the Hon.
Thomas A Nelson, Minister of the United states In
Chi /, VITA whose warm and KIND friendship depo-
nent had been honored since his arrival in that
country. This deponent having several occasions
been the channel of intercourse between Mr..
Nelson and the Government, that high-mnded
Amercan representative beng most sincerely
esteemed and respected both by the Govern.
ment and the people of Chill VINO had looked
with general grlef to his removal from office at the
moment which, senior of the diplomatic body of
Cnii, be exercised the whole OF his influence TO
opportunity to deliver but a few OF Mr., Nelson's
letteIs-among them those addressed to the Hon.
tors Lane, Sumner, and. some Others. Among the
letters written delivered by the Hon. Mr. Ne.son
to depOnent on the of his departure was an un-
sealed one to the Hon. William H. Seward, Secre-
tarv of State which, as Mr. Neson is no longer in
Office deponent has not delivered but copy OF
which he annexed hereto, marked a, the ORIGINAL
being IN depOnents possession and ready to be pro-
diatey upon deponent's arrival IN this country
as AFORESAID, he had an interview With the Chihan
several lectures ana speeches in this city, for the
nurpo OF presenting the war OF Chill IN Its true
atrocity of the attack On the palt Of SPAN; that
those demonstrations were made IN the presence of
thousands OF the citizens of New YORK at the Cooper
Institute and at various other public places in said
city. That or the same purpose, he has made
several publications in pamphlet form and in the
journals OF the city, and has issued newspaper in
in the Spanish language under the title of La PoG
de america, of which several numbers have been
month of January last for several da,s, and during
that time resided at the house Of the ChIan Minis
ter a member of his family. While deponent
was absent from the country, and Mr.. Hun.
ter, who acted such, invited 10 dine
Wi the Chllian Minister, who presented depOnent
Mr.. Hunter Secretary OF the ChIlian Legation,
and deponent az such was so introduced to the
President of the United States at public reception
and upon other occasions to Lieutenant General
Grant Major. 'Ienerat sherman, and to several
other high official persons Deponent further saws
be holds his possession document In the Spanish
language, ali in the Handwriting of the Chilian
Minister, and signed by him, and under the seal O
laton OF which document Is hereto annexed
marked b. Deponeut now holds and exercises the
said ONCE OF Secretary of Legation, and ls entitled
to all The immunities and privileges thereof Depo
nent further says ne presents the foregoing facts
and claims his diplomatic privilege, because he Ii
advised and belle yes he ought so 10 do in dischargt
OF his duty to his Government and not because h(
has in anv manner violated the avs institution
OF the United States OF which he has respected
and observed. BENZ VICUNA MCKENNA.
Sworn, etc,
To this were annexed copies Of aletter of INTRO
due ion from Mr.. Nelson and the following let
ter:-
LEGATION OF chill IN THE UNITED STATES o.
North AMERICA, WAsHINGToE November %
1866.-Sir-The Honorable Secretary OF State o
Chih informs me that, by order OF the supreme Gov
ernment, your Excellency has been appointed Secre
tary OF this Legation, with the salary assigned b.
law and with the retention OF the office OF the Secre
tary of the Chamber Of Depuues according TO tn
agreement Of that body, the which have the homo
TO communicate to your Excellency for your informa
ton.
H. s. ASIA BURUAGA
s. b. BENJAMIN VIoUNA MoKENNA, Secretary O
the Legation Of Chill in the United States Q
America
Now. If your Honor please, when that afIidavi
aAA do 1nA ofr IN