The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-07-16


Several authors were cited to sustain the posi-
tion taken The court overruled the position
taken, and forced the defense to trial, the coun-
sci declaring that they could, but would not
keep silent, in View of the incompetenoy of
the court and theilegality of the law, and then
commenced giving history OF thoprlsoner
Mr. Ortega, who was then speaking
said he would answer TO the charges
he was forced to do so, not because there existed
any proof sustaining the charges, He ran over
the history OF the accused, his arrival in
Mexico, answering to the charge made against
him as an usurper. He said, Macmillan being
at Miramar, received a delegation of Mexicans,
presented TO him by high functionary of the
court of his brother, who came to offer him the
crown of Mexico. Macmillan refused to accent
the crown until the will Of the nation should
be known to HIM. Meanwhile the French occu-
pied Mexico, and under the terror of bayonets
the Assembly OF Notables was convoked, who
voted the creation OF an empire OF which the
Archduke was 10 be the head. Under the in
huence of the said assembly many municipali-
ties gave in their adhesion, and these acts Of
Macmillan, still hesitating, consulted the
most eminent jurlsts of England, and the col
lege of London declared that he was elected by
the will of the nation Emperor. The jurlsts of
London, as well as the candidate, ignored
the means used in Mexico In order TO obtain
the unanimiiy OF the people by triumphant
parties, Macmillan accepted not believing
himself q usurper, but, on the contrary, It's
was confirmed by the reception he received on
his arrival in this country, unaccompanied by
troops, and none with him but his family, the
ovations rendered to him in his transit from
Vera Cruz to the City of Mexico, and at the
places he visited afterwards in the interior OF
the country. Mr.. Ortega denied the charge that
Maximilian was there as an instrument of
France; that the Archduke had been in conflict
with her since the agreement at Mlramar: that
there France asked the cession of Sonora, and
be refused 1t, and even insisted that the article
claiming this pretension should be stricken
out; that he constantly opposed the demands of
the French officials, and this state Of affairs
lasted nnLl they gut the S1 country When
general discomfort he withdrew from the
capital, and in Orizaba and Cuernavaca he
called around him his Ministers of State, and
consulted with them about the legitimacy
of his election and the will of the people,
and they represented to him the entire fideiity
of the people. Most ably did the counsel refute
the charge of cruelty charged upon the prisoner
He said the law of the Sd of October was made
belief that President Juarez had abandoned the
territory, and that one of the articles OF that
law law was dictated by the comnander- -in-chiefo of
the French, Moreover, this law was only in
tended as terror because never was petition
for pardon presented but 1t was conceded. He
had given orders that no matter at what hour
of the day or night petition for clemency
came, he should at once be informed OF 1t; that
neither his rest nor his labors should be re-
garded, which was strictly observed. Finally,
the counsel argued the uuconstitutionality of
the law OF 1852 1t being incompatible with the
spirit OF the Liberal party and the rights of the
nation, inasmuch as the conqueror is made the
judge OF the conquered. The counsel closed,
OF civilization and the history which will Judge
OF the terrible deeds done this day, for the de-
tenders OF the second independence of Mexico,
to save the good name of this country in the
eyes of coming generations, thatlthey may tor
ever applaud the crowning OF the greatest of
victories with the greatest OF pardons. Here
ended the reading OF the eloquent defense.
1t was o'clock at night when the President
rC InaI Sae sso9d nn 70
could not longer continue, as the court desired
to consult counsel in reference TO some points
June I4.-At the stated hour the court-martial,
having gone through the usual form, was de-
n1n rn1 In NJ nj a NunR
present. The President asked the counsel for
the prisoners If they had anything further to
advance for the defense. They answered not at
present but wished to reserve further argument
until q later period In the trial. Mr.. Manuel
Aspiroz, the Judge Advocate. then read the
charges against the accused, sustaining the
same by certain official documents emanating
from the so.called Imperial Government. Mr..
Aspiroz united with his known ability dig.
nifed and solemn energy which indicated
no doubt as to the result of the trial
In the minds OF nis hearers; among tne aecn.
terrible charge of having attempted to prolong
the war by his celebrated decree of March 7, in
in any of the coming battles. To rebut the
effort made by Mr.. Vega to overthrow the
cnoGgeS by reason JASON OF % Inc ds absence o Of any
that all the charges were founded upon
the notOriety of the acts, and that notorlety
was sufficient to establish the accusation. That,
according to article % of the law of January
25, it would have been sufficient to establish
it as a capital offense, even previous to the
those records and testimony, which the counsel
deems so strange. amounts to nothing. They
are not needed. The prisoners were captured
with arms in their hands. and their crimes are
known TO the entire world. He concluded by
asking that capital punishment be adjudged
the accused.
Messrs. Vasquez and Ortega then SUCCESSFULLY
addressed the Court for the defense. The first
of these gentlemen carefully refuted the charges,
and concluded with these memorable words,
addressed to the Court:-"If you condemn the
Archduke to death, am not uneasy about
coalition in Europe, or the threatening attitude
that the United States may assume towards the
Republic. 1 have confidence In the Liberal
armies that have rooted out the French from
this soil. But fear the universal reproach that
will fall upon our country, as an anathema,
more than even the sentence OF death, because
of the nullity of the proceedings OF TINS Court"
At this point Mr. Ortega proceeded, This gentle
man is an orator. We have seen him, and were
reminded of the beauties of Mlrabeau. His
audience was held spell-bound. he went into
the case with that power of Improvisation so
remarkable in him. He protested against the
irregularity of the proceedings. He called atten-
tton to the principle in right and law that the
Judge Advocate should first read his petition
before the defense commences, because the last
words TO be heard by the Court should be
those of the accused. lie charged the Judge Ad-
vocate with having formed his petition from
the answers made by the defense, in view of
the proofs furnished by the defense, which Is at
variance with the legal practice and the right
full nature of all things. He reproached the
Judge Advocate with having collated into his
petition proof that had not been read during
the trial, winch, apart from proving that that
officer had taken advantage OF the Suspension
of the Court during the night to perfect his ac-
cusation but making points which were
suggested 70 MIN by the defense, this being
| against all law in question where life and
| death is concerned. IL had more the appear
ance OF trying the prisoner on his own state
| ments than by the proofs addueed against him
| by the prosecution. Regarding the accusation
| against the Archduke that he attemnted to nro-
long the war oy appointing @ @ Regency in case of