No. 108.
Mr. Wing to Mr. Fish.
United
States Legation,
Quito,
Ecuador, October 17,
1871. (Received Nov. 16.)
No. 151.]
Sir: I have the honor to forward to the
Department copies (1 and 2)
[Page 165]
of
a communication from the American vice-consul at Guayaquil, and an
affidavit of Dr. L. D. Wilson, an American citizen. I have delayed
forwarding these articles before, in order to give the Ecuadorian
government an opportunity of explaining the affair.
I am informed that the arrest of Dr. Wilson was a mistake, arising from
the fact that he was mistaken for his servant by the officer who
arrested him, and that he was released so soon as the matter was brought
to official notice. I must say that Dr. Wilson’s statement embodies a
very flagrant case of outrage upon private rights.
In view of the premises, I submit the matter to the consideration of the
Department, and await its instructions as to what course I must
pursue.
I have, &c,
[Inclosure 1 in No. 151.]
Mr. Bragdon to
Mr. Wing.
Consulate of the United States,
Guayaquil, August 30, 1871.
Sir: I have the honor to forward to you a
deposition, sworn to in my presence by Dr. L. D. Wilson, for false
imprisonment in this city.
It appears that said Mr. L. D. Wilson desires to make a claim on the
Ecuadorian gov-ernmeut of $10,000 for said imprisonment.
I have, &c.,
[Inclosure 2 in No. 151.]
Consulate of the United States,
Guayaquil, August 24, 1871.
L. D. Wilson, being duly sworn, deposeth and saith: That this
deponent is a citizen of the United States of America; that he is
practicing his profession of dentist in the city of Guayaquil,
Ecuador; that on the 22d day of July, A. D. 1871, this deponent sent
his servant, Tristan Espinoza, to change $500 paper money into
silver; that said Tristan Espinoza not returning at 6 p. m., this
deponent went in search of him at 8.30 p. m.; that this deponent
then notified the chief of police, in the presence of the guard on
duty, of the absence of said Tristan Espinoza, and demanded his
arrest, and thereupon the chief of police ordered the arrest of said
Espinoza; and that this deponent also employed Manuel Cheoez and
José Maria Gonzales, boatmen, to search for said Espinoza; that José
Maria Gonzales came to this deponent and informed him that said
Espinoza was in the house of Mr. Morla, in company with a
disreputable woman; that this deponent called upon Manuel Venegas to
accompany him to find a policeman; that this deponent found
patrolman Adolfo Ochoa and two soldiers; that he took them to the
house aforementioned; that this deponent, in company with said
patrolman, Adolfo Ochoa, went to the hall leading to the room where
his servant, Tristan Espinoza, was supposed to be; that, finding the
hall was very dark, said patrolman requested this deponent to
procure some matches, offering at the same time to remain and stand
guard; that this deponent thereupon went into the street to procure
some matches, and had not proceeded far when the said patrolman and
the two soldiers came up with this deponent and arrested him; that
this deponent was forcibly taken by said patrolman, Adolf Ochoa, and
against his protestations, to the public jail; that this deponent,
when he arrived at the jail door, demanded the charge on which his
arrest was made, and he further demanded to be taken before the
commissary of police; that said patrolman refused to give any reason
for the arrest of this deponent, and also refused to take him before
the commissary of police; that this deponent then gave his card to
one of the soldiers on duty at the jail door, to be taken to the
governor of the province or the chief of police; that the officer of
the guard prohibited the sending thereof, and made answer to the
effect “that it was not every day that they could get a gringo of the standing of this deponent in
jail,” and that they (the guard) desired “his company;” that this
deponent was thrown into a dark and filthy cell, in company with
drunken men, and that he was therein detained from 12.30 a.m. until
8 a.m. the 23d
[Page 166]
of July,
1871; that on that morning the chief of police, Wenceslao Aviles,
accompanied by Manuel Venegas and Tadeo Alar con, came to the jail
and liberated this deponent; that the said chief of police then
declared his imprisonment a great mistake; and that, finally, by
reason of said imprisonment, this deponent received great injury to
his character, and that it caused him two days of severe
sickness.
Sworn and subscribed to before me this 24th day of
August, A. D. 1871.
GEO. P. BRAGDON,
United States
Vice-Consul.
A true copy:
RUMSEY WING,
United
States Minister Resident.
