Office of the Historian

No. 449.
Mr. Foster to Mr. Evarts.

Legation of the United States,
Mexico, September 26, 1879. (Received October 14.)
No. 1041.]

Sir: Under date of April 29 last, Mr. Ruelas sent me a note in which he informed me that a Mexican soldier, named Zeferino Avalos, had been convicted in a Mexican court for the murder of another Mexican, committed in Texas, and that he had been condemned to death and executed, and the minister requested me to communicate the fact to you as an evidence of the efficiency and energy with which his government proceeds when convinced of the justice demanded.

I answered Mr. Ruelas on the next day that I would cheerfully forward his note to you with a dispatch calling attention to the case; but I said to him that, as it was likely to be esteemed a precedent for future cases, I would be gratified if he would favor me with a copy of the judicial proceedings for your information.

The minister replied that the record of the trial not being on file in his department he could not comply with my request.

I then asked him if the information existing in his department indicated whether the trial took place before a civil or military tribunal, as a knowledge of that single fact would in itself be valuable.

Whereupon the minister responded that he expected a copy of the proceedings of said trial, and that as soon as received a copy would be sent me.

I have now waited near five months for the record of the trial, and not having come to hand, I have not thought it advisable to delay further to comply with the minister’s request.

If the murder had been committed upon an American citizen by the Mexican criminal, and if the trial and conviction had occurred before a civil tribunal, and not a military court, the case might well be regarded as of special significance.

* * * * * * *

I am, &c.,

JOHN W. FOSTEE.
[Inclosure in No. 1041.—Translation.]

Mr. Ruelas to Mr. Foster.

Department of Foreign Affairs,
Mexico, April 29, 1879.

Mr. Minister: When Mr. Zamacona resided in Washington in the character of confidential agent of the Government of Mexico, he learned, through General Ord, [Page 708] that a Mexican soldier called Zeferino Avalos had committed a cold-blooded homicide in the territory of Texas, upon the person of Antonio Muñoz, also a Mexican. The circumstance of the murdered man being blind, imparted to the crime a character of notable atrocity. General Ord manifested the desire that the extradition of Avalos should be facilitated, which it was necessary to refuse for the reasons given to the Government of the United States previously in regard to other delinquents. Notwithstanding this, Mr. Zamacona reported the foregoing to this department, and immediately the necessary orders were issued for the apprehension and trial of the murderer, in conformity with article 186 of the penal code.

The criminal, Zeferino Avalos, was condemned to the last penalty, and after resorting to all the expedients permitted by law, including petition for pardon, the sentence of death was executed on his person the 20th of March last past.

Upon making this communication to your excellency, I request that you will be pleased to transmit to your government, as demonstrating the efficacy and energy with which that of this republic proceeds when, convinced of the justice demanded, it can administer it in accordance with the laws in force.

I have, &c.,

M. RUELAS.