New-York tribune., 1867-07-16
NEW YORK, TUESDAY, JULY I6,r 1867.

ID
Eext ollowed the trial Of the Arehdpke. Having been
90 his bed for days previous he was this
day IL ANYTHING Mr.. Manuel Azproz repaired 20
the prison. from whence he returned shortly sanhg th'
II impossible for the prisoner to appear III eonse
quenee Of which Messrs Jesus Maria Yasqnes and Emo
0rtega alternately read the defense The hrst pat o
the defense ccmprehended all of the legal points apphc
Bile to the case II was claimed that the court was IN
competent TO try the ease that the law cond not nc ap
piled, and the nnconstitniionay OF the fame ana lily
Court n the absense Of ali %ies
Of proof The situation In which the deense hds ithe
men atSde TToyne 1f 80 many oi"ts Of ntrrnaton
al law history and politics. the hours which were
prisoner should not be deprived Of the proper of
aefense and more particularly n this case u is mpera m
the legacs be eompied with that cainness and dehD
S aE e ren IN 9 i r e
world which anxonsly awaits the solution Of this 30
POSITION t1kcn The Court ovcrrued the position taken,
forced the defense to trial. the counsel declaring that
they could hut would not keep SILENT In view OF the in
competency OF the Court and the irgaly Of the law,
and then commenced giving The history Of & the RDisonTr
to the charges made against the prisoner because
proof sustaining the charges He ran over the history Of
the accused, his arrival IN Mexico, answerDg 10
He said, MaximIian being at Miramar, received
| 2 delegation OF MexleanH; preSented 10 MN MN
brother. WHO came TO Offer him the crown Of Mexico
Macmillan refused to aceeptthe crown until the VIII OF
french occupied McKee, and under the terror OF hayoDets
the assembly of notabes was conyoked who voted the
the head Under the influence Of the said assembly many
~ se o t6 s%q aes as o.
milan, sin hesltatng, consulted the most eminent
That he was elected by the win Of the nation Emperor
The urss Of London as well as the candidate ignored
thc means used in Mexico in order to obtain Che unan
nifty of the people by triumphant parties Maximtan
accepted, not believing himself usnper, but on the
contrary, its legitimate soYeTeigD and, moreover, TINS
belief confirmed by the reception he received on hs
arrival in this country naceompanied by troops and
! dered 10 him in his transit from Vera Cruz to
G y Il s Mfn no %% q" e. the S eS ME- ae es
the charge that Max milan was there az an instrument
OF France; that the Archduke had been in conflict with
her since the agreement at Mramar; that there France
asked the cess0n Of Sonora and he refused IT, and even
be stricken OUT that he constantly opposed hc demands
Of the French oeIas and this state o. affairs lasted
the first symptoms general discomfort he Withdrew
from the capital and n orza6s and CnernayasS ne
with them about the legitimacy Of his election and the
% the % S aTa they aS to 5
he charge Of cruelty charged qRsn ,onr the wds %sge
by Macmillan when he was cheated into the belief that
President Jnarex had abandoned the territory and that
~ the articles Of that law was dictated ny me com
manderinchef Of the French. Moreover this Ia was
only intended as terror, because never was petition
orders that no matter at what hour Of day night
PETITION for cemency came he should at once be informed
IL that neither his his labOIs should be re-
gaded which strictly observed Finally the conn
gel argued the unconsntonality OF the lay OF 1892 u
being incompatible with the spirit OF the Liberal party
and the rights Of the nation inasmuoh as the eonqueror
the dsc q m e Sa ne s"seI 81
ton and the history which viii Judge OF terrible deeds
Mexico to good of this country, in
the eyes Of he coming geTsro'ons aaS hsy msy 1p
the greatest OF pardons Here ended the reading Oh the
eloquent defense.
difficulty Of retaining In our memory with precision all
that was said and that transpired at the rtmarta
order and continuation has prevented us from
rendering literally exact the words pronounced and
phrases gsed We were without s.en4gapnT ana haa
been the work OF memory, weakened by IA hours OF
eel 10 pardon as il we have not been exact
hstorhn What we do declare IL that We have especially
adhered TO the truth in reerenenee to all the circm
.as. .ssss."1 VIII; thls Profound are ths re
paper by tho historian in IL win be found only what
iranspired and we have repeated but the words said
tnrb that silence which this day maintain ont Of
passion for the tried and respect for the holy mission
pies and crnshes crime, but santes respectfully the
fallen II he does not raise his compassionate voice in
Il vas o'clock night when the President announced
that the court sto9d aGoHrned % no 10 Geea nGOsrCw
the court desired to consult counsel In reference to some
points In the Gaze.
June 14-At the stated hour the courtmartial having
gone through the usual form, declared in session
None OF the accused present The President asked
the counsel tor the prisoners they had anything further
10 advance the defense They answered not at pres
ent but wished to further argument until later
period in the trial. Mr. Manuel Azpiroz, the JudgeAd
yocac then read the charges against the accused sus
tanning the by certain official documents emanating
from the socalled Imperial Government Mr.. Azpiroz
united with his known ability dignied and solemn en-
ergy which Indicated doubt 10 the result of the trial
the minds OF his hearers. Among the accusations
against Mayiman found that terrible charge OF hay
ing attempted to prooDg the by yhscelebrated decree
OF March already laid before our readers in our last
In tvhi ha tod a N
death In any the coming battles. TO rebut the effort
made by Mr. Vega overthrow the charges by reason of
the any proof Of the same the Judge Advocate
said that all the charges founded upon the notorety
the and that notoriety sufficient to establish
OF January would have been sufficient 10 establish
it capital ofense even previous to the identiea4n
mony, which the counsel deem so strange amounts 70
tured with in their hands, and their crimes arc
known TO tho entire world He concluded by asking that
Messrs Vazquez and Ortega then successfully ad |
dressed the Court for the defense lhe ist OF Hese
gentlemen carefully refted the charges and concluded
you condemn the Arcbduke to death am not uneasy
about coalition In Europe, the threatening attitude
that the United states may toward the Republic
have confidence in the Liberal armies that have rooted
out the French from this soil But fear the universal
reproach that Will fail upon our country as an anahe
ma, more than even the sentence OF death, DC: |
of the nuity OF the proceedings of this Court
At this point Mr.. Ortega proceeded This gentleman ~
an orator We have seen him. and were reminded OF the
beauties Of Mirabeau HIS audience was held spebound
He the with that OF improvisation
% % Se On l M s eaeS asnoa asans G p
cpe in right and law that the Judge Advocate should
cause the words to be heard BY the Court should o0
those OF accused. He charged the Judge Advocate
by the sfeise in view OF the proofs by the do
ense which variance with the legal practice and the
Advocate with having coaed into his petition proof that
had not been read during the trial which apart m r. from
pension Of the Court during the night to perfect his acG
sation but making points when were suggested 10 MIN
l,u tina defe heir III