I need not remind you, Mr. Secretary, of the gravity of the outrage which has
been done in this case to the sovereignty of the Mexican nation, nor of the
injury which is done by acts such as the one which occasions this note to
security and good order in the border districts of both republics, and to
cordial relations between their inhabitants. The press of the United States
referred several days ago to the event for which the inclosed documents
serve as evidence. By it was shown the sincere desire of the judicial and
military authorities of Mexico to prevent criminals seeking refuge in the
border States of the republic from going unpunished. Unfortunately, however,
their efforts were not well reciprocated in the present ease by the
authorities of Texas, and if the irregularity of their conduct does not call
forth, on the part of the superior authorities, such measures as the
Government of Mexico thinks that it has a right to expect, not only may
these deplorable acts be repeated in future, but they may exert a bad
influence upon the sentiments of the Mexicans who inhabit the border
districts, and who, as this very case justifies me in asserting, are
disposed to co-operate with the people and the authorities of the United
States in the re-establishment of harmony, order, and regularity on the
banks of the Rio Grande. It is evident that the attainment of this desirable
object will be greatly facilitated if the local officers on the frontier
recognize the sovereignty of both republics as the limit of their action,
and the treaties which bind them as their guides.
Flattering myself that I shall receive a reply to this note as speedily as
the business of your Department will permit,
[Inclosure.—Translation.]
Court documents mentioned in the foregoing
note.
Court of the district of Rio Grande de Zaragoza.
The licentiate Higieno Sada, judge of the district of Rio Grande, and
extradition agent on this frontier, unto you, the local and auxiliary
judges and overseers of estates
[Page 670]
and ranches, unto whom these presents may come, be it known: That the
sheriff, F. N. Zoru, the hearer hereof, with two other men, armed, and
Pedro Ramos, a resident of this district, are about to start in pursuit
of two men whose names are unknown, but whom Pedro Ramos knows by sight;
which persons during the night of the 23d of the current month murdered
an American citizen named W. Berry and his servant Juan Diaz, in Texas,
and then crossed to this side of the Rio Grande. The aforesaid persons
are of medium height; one of them of dark complexion, having a thin
beard, and the other spare, with little beard, and twenty-five or thirty
years of age.
Therefore, in the name of the supreme powers, both federal and State, I
exhort and require you, as soon as this is presented to you, to lend the
aforesaid sheriff such aid as he may solicit, he to make payment of the
proper charges, until the said persons shall be apprehended and brought
before this court.
Done at the town of Piedras
Negras, on the 25th day of the month of February,
1878. Signed by me the aforesaid judge and extradition
agent, with assisting witnesses. I certify.
Lic. HIGIENO SADA.
Second local court of Muzquiz.
Muzquiz, February 28,
1878.
Let the requirement be complied with, and when this shall have been
done, let it be returned. The second local judge, the citizen
Victoriano Rodriguez, issued and signed it. We certify.
Witnesses:
Julian Rios.
M. Guajardo.
On this day this court summoned Pedro Ramos, who is mentioned in the
present letter requisitorial, to appear before it, and having shown
him two persons, who had been arrested by the police on suspicion,
and he having sworn to tell the truth; and repeating his declaration
that he would recognize the persons who were wanted, if they should
be shown to him, said after examining, them that he thought they
were the persons, but that Mr. Herman Klemans, clerk for Mr. James
Kiddle, of Eagle Pass, would know them better, because he (deponent)
presented them to Mr. Klemans, that he might make an arrangement
with them concerning some work. He added that he was forty years of
age, married, by occupation a mechanic, and a resident of Piedras
Negras, and he signed with the undersigned judge and witnesses. We
certify.
Witnesses:
Pedro Ramos.
M. Guajardo.
Julian Rios.
Subsequently, I caused to appear one of the persons under arrest, and
he, having sworn to tell the truth, said that his name was Juan
Nieto, that he was unmarried, twenty-five years of age, by
occupation an agricultural laborer, and an inhabitant of this town.
When asked how many days he had been absent from this town, where he
had been, and what he had been doing, and with what persons he had
associated, who accompanied him on his return, when he left the
place where he was, and on what day he arrived here, also what
persons he met on the road, he said that he left this place eight
days ago, and went to Piedras Negras to look for work; that he
joined other laborers whose names he did not know; that in order to
come to this place he joined the other prisoner, whose name is
Pánfilo; that he is ignorant of his surname; that at Ojo de Agua de
Yarza he met Don Epitacio de Mondragon, and that in the plain of San
Jose he met Mr. Gonzales, the comedian, and afterwards the postman;
that he left on Saturday of last week, and reached this town on
Tuesday last, and that he is now stopping at the house of a Mrs.
Refugio; that they came on foot, and that he does not know the name
of the person with whom he worked at Piedras Negras.
The foregoing was read to him and he ratified it, not signing because
he was unable to write. We certify.
Witnesses:
M. Guajardo.
Julian Rios.
Next, in the presence of the prisoner, Juan Nieto, the foregoing
statement was read, and he said that it was the same that he
made, and that he affirmed its contents to
[Page 671]
be true, ratifying it under the
oath which he had taken, and which he repeated, to tell the
truth.
VICTO. RODRIGUEZ.
I next summoned the other prisoner, who, having sworn to tell the
truth, said that his name was Pánfilo Bativerres; that he was
unmarried, from twenty to twenty-two years of age, a native of
San Buenaventura, by occupation a laborer, and a resident of
this town. Being asked how long it was since he left this town,
where he had been, in what he had busied himself during that
time, where he had lodged, who accompanied him on his return,
when he left, and what day he arrived here, and what persons he
met on the way, he said that he left here about nine days ago,
and that he went from here to Piedras Negras to look for work,
but that during his absence he busied himself in nothing; that
at Piedras Negras he joined Juan Nieto, and came with him to
this town; that he left there last week; that on the road they
met Don Epitacio Mondragon, and no other person; that he arrived
here on Tuesday; that he did not go to Eagle Pass at all. At
this juncture the prisoners were confronted on account of the
contradiction observed between their statements; Juan Nieto
asserting that Pánfilo Bativerres lent him a pistol, of which
the police took possession, and Bativerres saying that he found
it beyond Morelos, and also because Nieto says that it was at
Eagle Pass, Texas, that he saw Bativerres, which statement the
latter denied. When confronted, Nieto insisted that Bativerres
had lent him the pistol at Piedras Negras, and Bativerres
insisted that he found it beyond Morelos; Nieto also asserted
that he met and conversed with Bativerres at Eagle Pass, Texas,
and the latter denied that he had crossed to the other side of
the Rio Grande; he stated that he found the pistol in question
while on his way to Piedras Negras; and each one insisting upon
his declaration, the examination was concluded, Bativerres
repeating his declaration, which he did not sign on account of
his inability to write. We certify.
Witnesses:
M. Guajardo.
Julian Rios.
Next, Pánfilo Bativerres being present, his foregoing declaration
was read to him, and under the oath which he had already taken
he said that it was the same that he had made, and he declared
that it was true, not signing because he was unable to write. We
certify.
Assisting witnesses:
M.
Guajardo.
Julian
Rios.
According to the provisions of article 344 of the organic law
governing criminal cases, Juan Nieto and Pánfilo Bativerres are
declared to be under arrest for good cause. Let them be notified,
and also the jailer. The local judge of the second court, Victoriano
Rodriguez, issued and signed this, with assisting witnesses. We
certify.
Assisting witnesses:
M.
Guajardo.
Julian
Rios.
Next, Juan Nieto, and Pánfilo Bativerres, and the jailer, Toribio
Gutierrez, being present, were notified of the foregoing, and
did not sign, not knowing how. We certify.
Assisting witnesses:
Julian
Rios.
M.
Guajardo.
These proceedings being now concluded, let the papers be sent to the
judge making the requisition, together with the alleged criminals,
Juan Nieto and Pánfilo Bativerres, and likewise the pistol which was
taken from the former. I, the first local judge of the second court,
so order, signing with assisting witnesses. We certify.
VICTORIANO RODRIGUEZ.
Assisting witnesses:
Julian
Rios.
M. Guajardo.
Next, the sheriff, William M. Cabe, being present, the alleged
criminals, Nieto and Bativerres, were delivered to him, together
with the pistol referred to. He pledged himself
[Page 672]
on Ms personal responsibility to
deliver them safe and sound to the judge of the Rio Grande
district, signing in testimony thereof with the undersigned
judge and assisting witnesses. We certify.
VICTORIANO RODRIGUEZ.
F. A. ZORN,
Sheriff Maverick
County, Texas.
By WM. M. CABE, Deputy
Sheriff.
Assisting witnesses:
M.
Guajardo.
Julian
Rios.
mexican republic.—ministry of war and marine,
section 1, no. 4.
The citizen General Gerónimo Treviño, by a communication dated the
20th ult. and written at Monterey, writes me as follows:
“Gen. A. R. Falcon, in command of the detachments on the northern
frontier, under date of the 9th instant, writes to these
headquarters as follows: ‘A few days since two Mexican servants
murdered an American and another Mexican, the overseer of the
American’s cattle, I believe. The American authorities, knowing that
the criminals were from Santa Rosa, and that they had crossed over
to Mexico, sent a deputy sheriff to get a permit from the judge to
arrest them. Said judge, who is now at Saltillo, perhaps with
permission, gave him letters requisitorial, as I am informed, in
order that Mr. James W. Ridder might go to make the arrest. At the
suggestion of several Americans and the sheriff he came and asked me
to give said deputy a letter requesting the authorities to aid him,
which I did. On the 2d instant Ridder informed me that the
magistrate at Santa Rosa refused to surrender the prisoners, who had
been arrested, and that the sheriff or deputy regarded that refusal
as indicating a purpose to abet their escape. For my own part,
desiring to remove all suspicion, I wrote him a letter representing
the unpleasant consequences (for Mexico) of the escape of those
criminals, and requesting him to send them to the judge of the Rio
Grande district. On the following day Ridder came to me again, and
told me that he feared, for some reason which I do not remember,
that the prisoners would be rescued on the way, and I consequently
ordered Lieut. Donaciano Maldonado to go with five men to Santa Rosa
to guard them until they should be delivered to the acting judge of
the Rio Grande district, the judge himself being absent at the time.
The magistrate at Santa Rosa, trusting to the pledge given by the
deputy to deliver them safe and sound to the judge who had issued
the letters requisitorial, intrusted the criminals to his custody.
His escort consisted of three Mexicans, who were paid by him, and
with whom, in violation of his pledge, he took a by-way and crossed
with the criminals to the territory of the United States. As you may
suppose, Lieutenant Maldonado found neither the prisoners nor those
who had charge of them, because they did not travel by the main
road. The judge who issued the letters requisitorial has already
addressed an earnest request to the American authorities for the
return of the prisoners, but as he has thus far received no reply,
we do not know what course to take. As soon as that judge shall have
answered the communication that was addressed to him I will inform
you. The criminals were taken over to Texas on the 7th instant. I
have the honor to communicate the foregoing for your information.’”
And I have the honor to transcribe it to you for your information
and for such purposes as you may deem proper.
Liberty and the constitution.
Mexico, April 1,
1878.
GONZALES.
The Citizen Minister of Foreign
Relations.
department of state of foreign
relations.—american section.
A stamp bearing the words “Court, of the Rio Grande
district.”—Substitute.
Yesterday, at six o’clock in the afternoon, this court received an
expediente which had been given by Buselul, the guard to Quirino
Mendoza, for him to deliver it to me. It contains an account of the
capture of Juan Nieto and Párfilo Bativerres, by order of the second
local court of the town of Muzquiz, in compliance with the letters
requisitorial issued by this court and delivered to J. A. Zons
(elsewhere written F. A. Zorn), the sheriff, that he might pursue
the parties who, on the night of the 23d ultimo, murdered an
American’ citizen named W. Berry, and his servant named Juan Diaz,
in Texas, which crime is imputed to the said Nieto and Bativerres,
and as only the expediente was received, and not the criminals,
owing to the fact that the aforesaid Sheriff Zons took them by
unfrequented roads to the frontier, where he crossed with them,
without delivering them to this court, as he solemnly pledged
himself to do before the local judge of the aforesaid town of
Muzquiz; I therefore earnestly request you to return said persons,
that they may be tried and sentenced according to the laws and
usages of the courts of our country, for they are natives and
residents of Mexico,
[Page 673]
and
the sheriff had no right whatever to take them to the other side,
nor can they be tried there legally; if it is done, it will be in
utter violation and disregard of the extradition treaty in force
between the two countries, which has been faithfully executed by
Mexico, at least in this part of the frontier. When Sheriff Zons
came to this court, letters requisitorial were issued for the
pursuit of certain criminals; and, treating the case with due
disinterestedness and comity, said letters were delivered to him,
and Pedro Ramos was directed to accompany him, he knowing the
criminals by sight. Subsequently, having learned that the aforesaid
delinquents had been arrested, in the town of Muzquiz, the citizen
General Falcon immediately ordered one of the best officers of his
brigade, with an escort, to proceed to said town by forced marches,
and to guard said prisoners until they should reach here; all these
precautions were in vain, however, for neither on the way nor at
Muzquis did the officer find the prisoners or those having them in
charge, they having already left for this place. The act of the
aforesaid sheriff, J. A. Zons, is an offense against the law and a
dishonorable act, which deserves the severest punishment; for this
purpose I duly inform you of the fact, and if it is not in your
power to inflict such punishment, that you bring it to the notice of
the proper superior authorities, sending them this note. In the
report of the apprehension and examination of the aforesaid
criminals are found the following words:
“Next the sheriff, William M. Cabe, being present, the alleged
criminals, Nieto and Bativerres, were delivered to him, together
with the pistol referred to. He pledged himself, on his personal
responsibility, to deliver them safe and sound to the judge of the
Rio Grande district, signing in testimony thereof with the
undersigned judge and assisting witnesses. We certify.
“Assisting witnesses:
“M.
Guajardo.”
“Julian Rios”
“VICTORIANO RODRIGUEZ.
“J. A. ZONS (F. A. Zorn),
“Sheriff
Maverick County, Texas,
“By W. M. CABE, Deputy
Sheriff.
By this paper, and by the whole expediente, is shown the good
faith and upright intentions of the Mexican authorites in this
case, and, on the other hand, the bad return made and the lack
of dignity shown by the sheriff aforesaid, which is a matter of
public notoriety, and the authorities of Texas ought not, in my
judgment, to have overlooked it if they desire to maintain
friendly relations and to fulfill the provisions of the law
governing extradition; but they should have ordered the
prisoners to be surrendered to my authority before receiving any
complaint, since they (the prisoners) are natives of this
country. I will therefore now simply request you to be pleased
to order the prisoners Nieto and Bativerres to be delivered to
me that they may be tried according to law; if you are unwilling
to accede to this request, be pleased so to inform me.
Liberty in the constitution.
Piedras
Negras, March 7, 1878.
JOSÉ ANGEL MALDONADO. (A flourish.)
The citizen Frederick Del,
Justice of the Peace, Eagle Pass,
Tex.
The foregoing is a copy of the communication sent to the
aforesaid justice of the peace. I certify.
JOSÉ ANGEL MALDONADO,
Acting
Judge of the District of Rio Grande, in the State of
Coahuila de Zaragoza.
A stamp which says: “Presidency of the town board (ayuntamiento)
of Piedras Negras.”
It being indispensable for the general to have exact information
concerning the kidnaping of Juan Nieto and Panfilo Bativerres by
a sheriff from the other side of the Rio Grande, I request you
to deign to send the original expediente to the minister of
foreign relations, to the end that the superior authorities may
take such steps in the case as they may think proper, and I also
request you to deign to communicate the whole history of the
case to said ministry.
Independence and liberty in the constitution.
March 13, 1878.
JOSÉ M. GONZALEZ.
The citizen Judge of this District,
Present.
The foregoing are correct copies of their originals.
Mexico,
April 8,
1878.
JOSÉ FERNANDEZ, Chief
Clerk.
A copy.
CAYETANO ROMERO, Second
Secretary.
