No. 331.
Mr. Foster
to Mr. Evarts.
Mexico, October 27, 1877. (Received November 17.)
Sir: The newspaper press of this city have published the decision of the judges of the court of first instance of Matamoros in regard to four of the arrested persons charged with participating in the assault on the Rio Grande City jail, the demand for whose extradition made by the American commissioner having been referred to him.
In regard to three of the prisoners, to wit, Leon Guzman, Felix Garcia, and Porfirio Cantu, he decides that, their Mexican nationality having been established, they are not subject to extradition under the treaty; but that, in view of the fact that they are charged with the commission of a crime in foreign territory which under certain conditions may be punishable by the Mexican criminal code, he orders that they be released upon bail-bonds, to answer any proceedings which may hereafter be instituted against them. One of the conditions of the penal code referred to is, that if the person injured by the alleged criminal act be a foreigner, he shall make proper complaint against the accused. The release of the prisoners under the circumstances may be regarded as a complete discharge from punishment, unless the federal government shall interfere to secure their extradition.
The fourth prisoner, Matilde Ramirez, it is alleged, is now undergoing an imprisonment by virtue of a previous criminal sentence, and the judge decides that the examination of the demand for his extradition be postponed till his term of imprisonment is terminated.
I am, &c.,