[COURT MARTIAL]. FRANCO, Agustín A. Alegato de defensa que ante un consejo de guerra de oficiales del ejército de los Estados-Unidos del Norte, pronunció el licenciado...el dia 14 de Febrero de 1848. Toluca: Impreso por Manuel R. Gallo, calle de Victoria No. 9, [1848]. [i-vii] viii-xix [1] pp. 8vo (21 x 13.5 cm), original grey printed wrappers. Very poor condition, heavily stained, brittle, and with some losses. Uncommon.

First edition. Kurutz & Mathes, pp. 99-100. Garrett & Goodwin, p. 71. Sabin 25480.

“This is a translation of the defense before a Council of War by Lic. Agustín A. Franco of Martin and Francisco Esteves. The Esteves are Mexican citizens charged under martial law with seduction of United States soldiers to desert by offering them clothing, horses, arms, money, and employment. They are also charged with incorporation into the Mexican army of Corporal Michael Dowie and soldier John Sexsmith of Company F. 4th Artillery Regiments of the United States in Toluca, on or about the 23rd to 25th of January 1848. On January 25, Dowie and Sexsmith entered the store of Francisco Esteves and asked for a drink and to rest. When closing time arrived, Dowie and Sexsmith threatened Esteves and his son with arms when asked to leave. Dowie took the elder Esteves’ watch and Sexsmith put out the lights, slashing at Esteves with a saber and closing the doors. A shot drew a patrol and the Esteves were arrested. Testimony of Dowie and Sexsmith is contradictory in time, dates, and facts, and claims of offers are absurd and without foundation in logic. The counsel determined that the accusers are the delinquents. The defendants were found not guilty and released on February 14 by order of Brigadier General George Cadwalader” (Kurutz & Mathes).