No. 361.
Mr. Evarts
to Mr. Foster.
Department
of State,
Washington, September 14,
1877.
No. 509.]Sir: Since my instruction to you of the 11th
instant was written, a further dispatch has been received from the
commercial agent of the United States at Piedras Negras in relation to the
murder of Walter Henry near Zaragoza. A perusal of the copy thereof, which
is herewith transmitted to you, shows that complete evidence of the
wrong-doing of the customs officers at Piedras Negras has been furnished by
the admission, through a confidential and trustworthy channel, by the
principal customs officer, Morel, that he had in fact received the duties
from the murdered man, and by his attempt to compromise the matter on the
basis of restoring to the commercial agent a portion of the duties,
retaining the remainder, and also the goods as contraband.
The attempt to cover up this gross instance of misappropriation of funds, and
perhaps a worse crime, failed on the firm refusal of Mr. Schuchardt to
receive less than the whole amount of duties paid, the goods to be at the
same time surrendered intact for re-exportation. The statements now made
imply also the criminal complicity of the alcalde of Zaragoza in the
fraudulent proceedings connected with the seizure of Henry’s goods. On his
surrender of the merchandise to the customs officers of Piedras Negras
several packages were missing, and others bore evident signs of having been
opened for the purpose of robbery. It is stated besides that goods to the
amount of $1,000 were sold by the authorities of Zaragoza to defray
ostensibly the funeral expenses of the murdered man and the costs incurred
during ten days’ custody of his effects.
On this statement of facts, there is no doubt that the case is one of the
gravest character, combining, as it does, the murder of an inoffensive
[Page 607]
and law-abiding American citizen,
robbery of his goods, and at every stage of the proceeding official
peculation and fraud of the most flagrant character. Even if the duty of the
Mexican Government to protect life and property within its borders were not
paramount, it is at least presumed to have an interest in punishing a gross
fraud on its own revenues.
You have been already instructed to demand a most searching investigation of
the case, and the discovery and vigorous punishment of the offenders in this
complex crime. You are now requested to bring the additional facts to the
earnest attention of the Mexican Government, and to say that this case of
outrage and murder is regarded as an important factor in the problem of the
ability of Mexico to protect life and enforce the laws on its side of the
border.
I add for your information that the murder of Henry has been reported by the
commanding general of the Department of Texas, with a vigorous suggestion as
to the only probable means of reaching and punishing the murderers and their
abettors.
I am, &c.,
[Inclosures in No. 509.]
Mr. Schuchardt to
Mr. Hunter.
United
States Commercial Agency,
Piedras
Negras, Mexico, August 31,
1878.
No. 206.]Sir: Yesterday (August 30) I sent the following
telegram to the Hon. Secretary of State:
“Custom-house of Piedras Negras has taken from the alcalde of Zaragoza
the goods of Walter Henry. Henry had paid to principal custom-officer
import duties on his goods, hut he appropriated the money for his own
use, not making entry in hooks of his office. Custom-house documents
issued by that officer to Henry, which proved officer’s transaction and
payment of duties by Henry, having been stolen by the murderers together
with Henry’s money, the custom-house officer tries to cover his first
crime by a second, taking Henry’s property by declaring it contraband.
On my demand delivery of Henry’s goods was refused by alcalde of
Zaragoza. Alcalde of Zaragoza before delivering property to custom-house
sold part of it for burying and other expenses. Henry’s property can be
recovered now by force only.”
Last night at twelve o’clock the custom-house officials accompanied by
federal soldiers entered here with the goods of the unfortunate Walter
Henry, seized as contraband. According to export entry on file at the
United States custom-house at Eagle Pass, signed by Henry himself, his
goods consisted of 46 packages, corresponding with the number the
alcalde of Zaragoza gave me in his communication when he refused the
delivery of Henry’s goods to me. I am informed by reliable persons that
the authorities of Zaragoza sold of Henry’s goods to the amount of
$1,000, before giving them up to the custom-house officials, to refund
themselves for the burial and other expenses they had made from the 21st
of this month to the time they delivered the goods to the custom-house
guards. Of the 46 packages of goods only 36 were delivered at the office
of this custom-house, and most of them, the carrier of the goods
informed me, in a condition which admits no doubt that they have been
opened and part of the contents taken out.
In view of the fact that Henry’s property within ten days had diminished
in such proportions, and in order to save as much as possible of it for
the rightful heirs, I repaired this evening to the custom-house and
communicated to Mr. Ode Montellano, the second in office, that, in my
opinion, Henry’s goods were not contraband, as facts had been developed
which proved that import duties had been paid to somebody of the office,
and as the matter had been carried to such an outrageous state I asked
to investigate the matter before condemning the goods as contraband and
divide them as such among the employés.
Yesterday a merchant, who is a friend of Morel, the principal officer of
the customhouse, and an old acquaintance of mine, stated to me that he
felt authorized by Morel to compromise the matter with me; admitting
that Morel had received the duties from Henry, he could return so much
as $500 of the money to me, but the goods he had to keep as contraband;
that Morel probably had not received as his share over $100, having
divided the greater part of the money received from Henry among his
accomplices.
[Page 608]
My reply was, that, admitting that the importation of Henry’s goods was
an unlawful one, not being entered in the books of the office, the only
condition under which I felt myself authorized to enter into a
compromise with Morel was that he should deliver to me the goods, in
quantity and condition as found at the time Henry was murdered, and that
he should return the money he had received from Henry for import duties,
and that I, on my part, would see the goods exported to the United
States, and then consider them as never imported to Mexico. This
condition, the friend stated, his client, Morel, could never accept;
that in order to shield himself against the accusation of having
defrauded his government, he is bound to take the goods as
contraband.
The assassins of Walter Henry have not been discovered yet, and as the
authorities of Zaragoza do not hold any longer the goods, I do not
expect them to make great efforts to find the culprits.
I have the honor to inclose copy of a letter relative to the disposal of
Henry’s goods, and written to me by * * * a respectable American citizen
living at Zaragoza, and long a resident of this district.
I am, &c.,
WM. SCHUCHARDT,
United States
Commercial Agent.
[Inclosure to inclosure in No.
509.—Translation.]
— — to Mr. Schuchardt.
Zaragoza, August 26,
1878.
Dear Sir: I am very sorry that I have to say of
all the d—— rascality that I ever have witnessed in my time, I have just
passed, in regard to the goods of Walter Henry. They sold here about
$1,000 worth of goods to pay the expenses of his burial and a great many
more charges which they make, whether just or not; and while they sold
that amount, I think that I am able to prove that as many more was
stolen. I only say that you will not find an honest man in the whole God
—— thing that passed yesterday, for I was an eye-witness to the whole
concern. You know well that it would not do for me to accuse any one, as
I would be a victim in less than twenty-four hours. It is all that I can
do to get along here. Do the best that I can, I have to fight sometimes
to keep myself from being trod upon. You heard, I suppose, that I had to
cut one of the d—, rascals so that they might know it would not do to
tread upon me. In a few days I will give yon the whole circumstances as
to the proceeding in regard to the Walter Henry case and all the news
that I may be able to find out. Keep my name still until I can find out
the whole matter.
I am, &c.,
To-day the goods that were not sold nor stolen leave for your place;
but I assure you if there was any examination or inquiry made you
would find as many goods stolen as were sold, or more. The cask
(what it contained I do not know) leaves here empty. There was
nothing sold of what it contained. Oils were not sold, but they have
disappeared from the bulk of goods. I see some of it going around
and changing owners, which causes me to think it was ashamed to be
sold at public sale, and asked some friend to dispose of it
secretly, and a great many things the same way.
I only say, you deliver us from evil.
