The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-08-08


A Magnificent Fiasco-The Canadian F1Iibus.
ter Scnre--Close Of the Examination of the
Prisoners In MOntrenI-NO Evidence Pro.
duced by the Spanish Consul-Dischargs ,oi
the Accused.
MONTREAL, August T. 1871.
This morning proceedings were resumed In the
Cuban enlistment case In open court, justice Cour
sol on the bench The previous proceedings had
been OF the nature OF private investigation. the
public interest attached to the question induced the
Judge to continue the proceedings in open court.
The Court opened at half-past eleven
O'Clock. Mr.. Carter. Q. o., represented the
Spanish Consul, and Mr.. Dunbar Brown Majos
Robinson, the prisoner. Mr.. Carter then
said that he awaited himself OF the present Opp0r-
tunity or declaring that a citizen having been ar
rested, His Honor has been In the right In throwing
this Court open to the public. In oil cases where
the liberty OF a subject was nterfered with 1t was
petter' II possible to make the proceedings public.
hitherto 1t had been necessary to carry on
the investigation with closed doors, because.
no doubt that expedition had been set on
1901, ana IL was necessary to ferret out the ring.
leaders. He had been desired by the Spanish Con-
sui to say that he was actuated by no other desire
than that OF assisting the federal authorities In
obtaining Information. With this end in view q
warrant had been issued by His Honor TO secure
Major RObinson's attendance as a Witness but I'M.
fortunately the Christian name Charles was inserted
IN the document instead Of William, and when
Charles Robinson was brought before the Court
was found that he knew nothing about the affair,
and he was, OF course, discharged. subsequently
warrant came from Quebec signed by Judge Douces
which was put into execution and His Honor very
properly had Major Robinson brought before him.
SELF as was In his district the offence complained
OF said to have been committed instead OF sending
him to Quebec. It was now, therefore, His HOnOr's
duty to deal with Major Robinson as he saw MT
He explained that the Spanish Consul had no desire
to prosecute Major Robinson, but merely to reach
the real Orlginators OF the movement, and there
fore, having explained the position occupied BY
his client and by himself, he wished His
Honor TO understand that he His Honor) had
alone to deal with Major Robinson. He (Mr. Carterj
would not comment on the evidence as he was noe
theR representing toe Crown. II any offence had
been committed by the Major. 1t was against the
Crown, and 1t was, therefore, His HonorS place to
deal with the matter. IL would also be His HonOr's
ONCE to say whether they would proceed to lnvesti-
gate further cases In which there was, perhaps,
somewhat stronger evidence.
HIS HONoR-Am TO understand that you declare
that you have no further evidence TO Offer2
Mr.. CARTER-Wnat declare Ii that am not here
prosecuting Major Robinson.
Mr.. BROWN think under these circumstances.
that am quite justified In asking for the discharge
OF Major Robinson.
Mr.. Carter then drew HIS Honor's attention to this
fact. His Honor well knew that there was quite SUI.
tcent evidence to justify all that had been done.
He also, behalf Of the Spanish Consul, expressed
his thanks for The efficient service rendered by the
authorities.
His Honor said that the attention of the authori.
ties had been called TO this affair by proclamation
emanating from the mead OF the government. That
the government had strong reasons for Issuing this
proclamation he had no doubt. He did not Know
on whose information this action was taken, but ne
supposed it was on that of the spanish
authorities. On Instructions received by the
authorities here an investigation was opened.
and steps were taken to prevent any
infringement OF the foreign enlistment act. He
would make no comments on this affair but would
simply say that he hoped that 1t would teach some
parties here lesson and show TO those abroad that
they would always find TIE Canadian authorities
ready to prevent any infringement Of the law. AZ
a good deal had been said about the volunteers "a
nected with this matter he might say that Maj
Robinson belonged to the Oldest volunteer regiment
in the country, one which was second TO none In
efficiency. IL was regiment also which had on
several occasions rendered signal service to the
State and so had Major Robinson In his capacity as
one OF It's officers.
Major Robinson was then declared discharged
and the Court arose. Thus ends the Cuban Gzzlo,
which has cost much money, time anl trouble.