New-York tribune., 1867-08-21
M1YTBILL1N'S TRIAL.
HIS DEFENSE BY A VERMONT LhwYER-cURIoUs
AND INTERESTING NARRATIVE.

writer was one Of Haxmilaas counsel aud prcpaicd
the brief in the case.
CRY OF MEXICO July .. 1861
BPorurR HESRY: left san Luis Potos-wheHceI
Iat wrote youon 26th OF May, with the intention Of
Isitipg Cen Corona on business He stationed with
his division of men Guadalupe, about three miles north
west Of the City of Mexico On the evening OF the 2sh
reached 2uost"iI iI1medoteiy on ny arrival the Empcr
sent for me At san Luis Poios bad became acquainted
with the Princess Sam Saln and she had spoken fayOra
bly of me 10 Maximan 80 that ne had previously
suited about sending for me Ihe oy caed upon
him. Some time having been spent in soclS
he said ho wished TO consult with iue ana enloy me ~
counsel in his defense ngcfsfo e hT WHO had drawn mn De
protest against the Jurisdiction OF uc cOut This
court was composed exclusively or captains ana Lieut.
read the protest OF ms sexeah lawyer.
a Mr. Vasquez. man older than ny se De .S xas not
Emperor was dissatisfied with ~ The EmSfOr seemed
c =, Tie country 10 treat whthe Liberal party and
did not wish to do nythng TIA wOuid hYue me N tlat
Tespect but rs lawyers and doctors have right TO act
oven for enemies professionally did nOl lbk " w0ud
be detrimental 10 me 20 render MN service "eh nc was
i'm prison nearly destitute o! counsel .
accordingly went 70 y2 ST. studying @ the aSKSaa y Con
stltlItion and the laws which ne wa. cII5, pIn p EIo
latlng. He accused OF violating l@ Oi fIeSa1t
Juarczs dated January 25 1852 Ihis l.W pun5hes WIN
AGAINST tie Mexcan Government, and oil persons who
invite foreigners TO come here for tie purpose Vi taxing
~ issuing decree dated the Sd OF October 1866 declaring
all persons caught with arms u tneiE 4ld' d Sss E &
eral with being ibuser. bringing men ana arms iO
the country to defHyd e S ydcot tG and nsy Viii contanacy
| In Sobieeeting TO The Jurisdiction of the court
v61g Ihs oe pot much T yed in the sceReo Of aw AaS
officer termed Fiscal acts rs pros "..Vsy sr ana
another, termed an Assessor acts as leu auyssp sno
| expomdor 90 the Court The General m commands
expected o be governed by the opinion OF the Assessor
his approval or disapproV OF the schehee. le eont
was composed Of one Lieut. Col sanchez who was Prcsl
dent and six other officers with the rank Of captain only
On the 18Th OF June the Court convened IL the morning
at the Iturbie Theaer The Court blazing u full unliorn
The rest of the house was crowded with the spec
tators After two days trial at II r. M the Cont rem"
n iltv he
The day Gen Escobedo approved OF the sen'enSe
and ordered MaS milia shot at oS9Sh % ann a. NJ 70 3he efb
OF June. Macmillan requested three iaVVs ~ e nc
ne a. Gems MIramon and Mejia 3D. that he might be
allowed to give each OF the soldiers Wio wr o tS
lie hard the shooting being unskIuL nc receiver
ie ne trD p to nv nteicourse with the Emperor After
examining the Constitution aud laws Decahe sau3nea
noinfed ont TO MIN what considered the reasons for
holding the laws made by President alone N1eehals
bis MEXICAN lawyer Vasducz and showed him the Con
stiution and my views Of it, Vasquez sald uat reay
| here and Notwithstanding Juare2 continued making
aws he did not know what Government w9ha a o nov. 0s
points but sd that y Tfa69 0STy & had S the S Sm. SSa
Views OF the constitutonality OF the laws that did
Maxmilan took his own copy OF the CONSTITUTION ana
underscored ue passages 70 w m b,ef in The ease THIS
was obliged to do burTiedy and without oook ~ 'Re,e
spanish The Emperor read my paper, and compmented
II 10 me and to others The Pr5sian Secretary OF ga
ton said Emperor derived more hope and colsoauoh
fiom my exposition of the law than from any ~, o t
source Baron Magnu the Pfssan ~ MISSOURI mn and
Macmillan wished me to send copies of II 10 sr Se"au
Previous TO nv arrival Maximilian had sent TO the
Paiacio ortegS ana Tore. eminent lawyers but owing
TO the siege OF Mexico they were hndered some dals
We must attack the consttutionality OF the laws lie
| - f{y whom answered, " By an American lawyer
They were surprised net them all with the Emperor
in the convent where he was prisoner and they pro
posed a consultation together the next day For nine
consecutive days called daily the Emperor and be-
stamped by the guard till the officers TO let me pass
although obtained written permission every time Az
could understand what said. But told the ofcer hst
aasmgSh as MAS his SGe S., ought e to sP6aS IN e
OF the lawthus allowed 10 speak EngL sh gsheIa
milan and should have done much more had sup
posed that lie would have been shot think he was one
! Of the best men l ever knewso knd-heared and Goa
scenous do not believe he eyer Intentionally wronge
man in his e spealng ot ms aSIe1sy iyo ne and INV
honor before my life" He once said. believe inc Only
| riIsh and Germans" So much trcachery had been eH
hbited by the Mcxicans toward his party, usI f ~
Prince salm sam. "A prisoner with him, also highly es
! teemed the Americans. MaAimil9n was very Soiuih i
| turc. and asked me for mine. He often said, tG0l
mar shall be your home That was MS castle near
Trieste on the Adrlatlc. a.. .,, - l., rooro.,os Ia, .
eth of June Gen Escobedo ordered al the foreign
leave the city the next day. and was Obliged 70
co. parted from the Emperor with mingled hopes ana
fears for his fate and deeply impressed yth his Eno
complimentary words. The news OF Ms death struck me
with horror II was unmitigated murder. His trial was
farce. Eno% the Court had decided upon their yudE
mcnt before trial and knew MaNimilan was honest,
conscientious, and an excellent man In every way he
told he wished to communicate everything TO me tina!
the world might know the truth have gathered SoVd
many facts IN relation 10 him. and may write his bioe
raphy when set home He was to have y %r1f,en mpn I
many facts and copy OF the treaty oi Slltana
At the request of MaXmllians friends mere nsNG s "
ten letter 70 his mother the AreR1nehess soph" VI
| Austria and also one 10 the Duke OF Flanders -
left Queretaro June stage full two ladies' seven
men, only two armed We were doing along nan asetp
before daylight, when whew! dozen armed robbers sur
| rounded the stage, and we We're Oruerco out 70 W
! searched oh! bow maddenngl drew my reNolVero
hr, bu one robber with his rife at my breast, another
with sword and knife by side. demanded my money
and watch There Was no use, hope in resistance We
! were rubbed of everything trunks, money, watches
| clothcs Sc An hour afterward The troops camc
mn one Of our party went as guide In the after
noon they overlook the robbers the mountain slde
carosng over some brandy they had found IN box OF
the stage The troops dsmomtod aud hrod-the roboer
| escaped. but much OF the plunder was recovered
! lost my watch and opera glass a.
stopped at the palace of NJ. Baron. the richest man IN
| three niles south OF this city Ot
! Tacubaya Here met several English gentlemen, ana
the Confederate General Slaughter clever gentemas
gentlemen. VI. Baron was in this city, aud like others
could not get out during the siege found the man IA
they had given everything to the officers Of the army
There three restaurants where you could eat
but hOel-no place where you could get louglngs.
The batteries OF the Liberals were stretched Tor lnh
around the beeaguered city, and almost every day tew
was firing OF cannon into and from the town. Marquee
the commander In the city, knew of Maxmilan's snteE
der, but his army did not know OF II ut Atef MS es
The Austrian Munster sent hole 10 thS & mar
telling them OF MaXlmiians DEATH ana there was P
ley the 2Oth but no agreement as 70 terms Vi s
! der. . a., o seve- !
raj MeXicans the right of Chepultepee Cas,e ~,
lust below the parapes, looking az the cry ana the
ferries There had been no firing during the day sne
/ ast,V Ho