Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 6, 1880
No. 472.
Mr. Morgan
to Mr. Evarts.
Mexico, May 18, 1880.
Sir: Referring to my dispatch No. 11, relating to the murder of three American citizens (John Conolly, Henry Youmans, and George Arnold) in Anganqueo on the 14th March last, I now have the honor to inclose translation of the reply which the minister of foreign affairs has made to my note of the 4th instant, as well as translation of report from the minister of justice to the minister of foreign affairs.
You will observe that except the bare statement of the minister of justice to the minister of foreign affairs that a judge had been ordered to investigate the melancholy occurrences of the 14th March, and that proceedings to that end were being conducted, there is no statement of who has been arrested, or what prospects there are of the guilty parties being brought to trial and judgment.
A sharp illness prevented me replying at once to the minister’s note and its inclosure. It was, however, so unsatisfactory upon every point of the inquiry which I propounded to him, that I this day addressed him another note, a copy of which I herewith inclose, and which I hope may produce a more satisfactory result. At all events, I forward the correspondence, up to date, in order that you may see precisely how the matter stands, and that you may give me such further instructions as, in your opinion, the case may require.
At the same time I inclose you copy of a letter addressed by me to Mr. Arthur B. Kitchener, under date of the 5th instant, with the view of having at hand all the information procurable with reference to the murder, as well as what steps had been, or were being, taken by the Mexican Government to ascertain who the murderers were, and to cause them to be punished.
A copy of Mr. Kitchener’s reply I inclose.
I am. &c.,
Mr. Morgan to Mr. Kitchener.
Mexico, May 5, 1880.
Sir: I beg you will inform me what, if anything, has been done by the Mexican authorities to bring to justice the perpetrators of the murder of the three American citizens by a mob at or near Anganqueo in the State of Michoacan.
I wish to ascertain particularly—
- 1st.
- The names of any of the parties arrested to answer for the crime.
- 2d.
- Whether either of the parties arrested have been released on bail; and, if so, the names and the character of the bailors, as well as the amount of bail.
- 3d.
- Whether either of the parties arrested, whether released on bail or not, have been tried, and, if tried, the result of the trial. If tried and convicted, the sentence of the court.
- 4th.
- Whether, if the parties arrested have not been tried, there has been one session or more of the court having jurisdiction of the matter, since their arrest; and any reasons, if any, which may have been given for their not having been brought to trial.
- 5th.
- If all the parties to the matter or either of them were well known in the neighborhood where the murder was committed; whether they could all have been arrested, and what efforts were made by the proper authorities to cause their arrest.
Generally, all such information upon the subject as may be within your personal knowledge, or which you may have obtained from reliable persons, in all cases giving the names and residences of the latter; and I particularly request you to forward me, if possible, the printed notices which had been printed and posted on the walls of the houses a short time previous to the arrival of the murdered Americans, to the effect that all foreigners in the employ of the Trojes Mining and Smelting Company would all be killed, as also the warning which was given to Mr. Conolly after his arrival at the company’s works. Also the names of the witnesses who saw the soldiers fire on the Americans, and the names of the soldiers, if they can possibly be obtained. Also the value of the property belonging to the Americans which was destroyed, and, if possible, the names of the parties who mutilated the bodies, and in what manner they were mutilated.
Very respectfully, &c.,
Mr. Ruelas to Mr. Morgan.
Mexico, May 8, 1880.
Sir: I have had the honor to receive your excellency’s note of the 4th instant, in which, with reference to that which this department addressed to Mr. Neill on the 17th of March of the present year, relative to the unfortunate events which took place in the district of Anganqueo the 14th of the same month, your excellency is pleased to ask to be informed, in order that you may transmit the information to your government, if the governor of Michoacan has taken the necessary steps to bring to justice the authors of the tumult which resulted in the death of three peaceable American citizens, in order to inflict upon the culprits condign punishment.
In due reply, I remit to your excellency copy of the dispatch in which the department of justice transcribes to this department, under date of the 3d instant, that which it received from the governor of the said State of Michoacan, giving advice of the measures which he has dictated in the matter.
By this document your excellency will see that that functionary has acted with all the alacrity and energy which the case demands, and that the judicial authorities have even taken extraordinary measures for the more prompt conclusions of the cause, the result of which the governor promises to communicate in due time, the words contained in my note to Mr. Neill, which your excellency is pleased to quote, being in consequence complied with.
With sentiments of the highest consideration, I have the honor to repeat myself your excellency’s obedient servant,
Department of Justice and Public Instruction.— Section 1.
The governor of the State of Michoacan, under date of the 27th of last month, says to me:
“Your note of the 20th instant has been received by this government, in which is transcribed to me by your department the communication from that of foreign affairs urging through this government the judicial authorities of the State to the investigation of the events which took place in Anganqueo the 14th of last March.
“In due reply I have the honor to say to you that so soon as this government had information of those occurrences I dictated the necessary measures for the restoration of order, for the apprehension of the delinquents, and for the prompt investigation of the facts, to this end urging the superior tribunal of justice to take the necessary steps.
“The judicial authorities have seconded the desires of this government, as the day following the event the judge of letters of Zitácuaro went to Anganqueo, since when he has remained in that place, giving his first attention to the termination of the cause. Not content with this the same tribunal appointed one of its magistrates to visit the place, and among other things, to remove every obstacle to a speedy conclusion of the cause that might present itself.
“At the proper time your department will be informed of the results. The note to which this is a reply will be transcribed to the supreme tribunal.”
And I transmit it to you as the result of your communication relative to the subject.
Liberty and the constitution.
The Secretary of Foreign Affairs, Present.
Mr. Kitchener to Mr. Morgan.
Dear Sir: I have to acknowledge receipt of your esteemed favor (confidential) of 5th instant, and now proceed to answer to the best of my ability the questions you put to me.
Questions 1 and 2. 1st. “The names, if any, of the parties arrested to answer for the crime.” 2d. “Whether either of the parties arrested have been released on bail; and, if so, their names and the character of the bailors, as well as the amount of the bail.”
José Maria Mora, “Jefe de la Tropa de la Seguridad pública,” and holding the rank of lieutenant of the forces of the State of Michoacan. was sent by the governor of that State, about December, 1879, for the purpose of maintaining order in the district of Anganqueo, and has been in charge of the Slate troops in that town up to the date of the late disturbance. On March 14, when Mr. Stephens gave himself up to the authorities of Angangueo, and reported to them the danger in which he had left his companions (see my letter to the legation, written on March 15 or 16), Don Justo Lopez, president of the Ayuntamiento of Anganqueo. gave orders to the above-mentioned officer to proceed with the troops under his command to the scene of the disturbance and put an end to the attack against the Americans. Shortly after the arrival of the troops the officer gave orders to his men to fire upon the Americans, and they were seen by numbers of the inhabitants of Anganqueo to join with the mob in the attack on the house.
The above-mentioned officer and soldiers under his charge confessed to having done this, alleging in excuse that they feared the vengeance of the mob had they acted otherwise. A number of the towns-people were eye-witnesses of this fact. Amongst others I may mention the following: Don Guillermo Zerecero, “2° Diputado de Mineria,” an owner of mines and smelting works in the town; Don Justo Lopez, president of the Ayuntamiento of Angangueo; Don Ruperto Menchaca, butcher, well known to the company; and Antonio Alamio, storekeeper, besides many miners and work people of the district. For above a week after the disturbance the above-mentioned Mora and soldiers were still at liberty, but were then taken into custody on evidence given against them by Don Justo Lopez. Nevertheless, some eight days afterwards the officer was released on bail given by Pablo Momoy, butcher, of Anganqueo, and Cristóbal Menchaca, working miner in the Trojes company’s employ. Neither of these men have any property whatever, and they were only required to give their word for the appearance of the prisoner when wanted. (We understand [Page 749] that when a bailor is a man of property there is a heavy cumulative fine for the nonappearance of a prisoner on bail, but when his bailor is a man of no property, no punishment is enforced.)
A short time after Mora was again arrested by order of a commissioner sent by the State government to inquire into the matter. However, a few days after the departure of the commissioner, he was again liberated on the same bail as before, and is still at large. The soldiers under his command are still in prison. Their names are Jesús Camargo, Guadalupe Hernandez, Ignacio Villaseñor, Juan Alvarez, Juan Martinez, Teofilo Nava, Pioquinto García, Miguel Martinez, and José Maria Martinez.
Pedro Mondragon, “Jefe de Manzana de la Municipalidad de Anganqueo,” who, as you will have seen by my former letter to the legation, was, according to Mr. Stephens’ evidence, the first man to strike John Conolly, and he it was who gave the first example of violence, and to whom may, in consequence, be attributed in great measure the whole catastrophe. The next day he was arrested, and later on was brought to Trojes to have his evidence confronted with that of Mr. Stephens. Don José Maria Bravo, “Juez de Letras del Distrito,” conducted the inquiry in my presence and that of various officers of the company, and we can all vouch for the loose and ridiculous nature of the proceedings. All spoke at once, the prisoner contradicted himself several times, and no notice was taken of this by the judge. Mondragon confessed to having rushed forward at Conolly with a drawn sword with the intention of disarming him, alleging, however, at the same time, that up to the moment of his attack Conolly had no arm in his hand, though he had a pistol in his belt. After remaining a few days in prison Mondragon was set at liberty on bail given by Jesús Aranda, storekeeper. This person is said to have in his possession a capital of $500, but it is doubtful whether he is the real owner. However, no other security than his word was given. I may here add, to show the partiality with which the first examination of Mr. Stephens was conducted, that after his having stated that Mondragon was the most active exciter of the disturbance, and the evidence taken down in writing by the authorities, the name of Mondragon did not appear in the written statement until formal notice was taken of the omission by myself and other persons present.
Aurelio Correct, a boy thirteen or fourteen years of age, who, by his father’s order, lassoed Conolly while in a dying state, mounted on horseback and dragged the body about for some time. He has confessed the deed, which was also Witnessed by many persons. He was taken up a few days after the disturbance, but was set at liberty on the nominal bail of — Alamio, shopkeeper.
Ignacio Correct, father of the above, is still in prison.
Andrés García, owner of the house in which the Americans were living, was arrested for having some of their property in his possession. He was set free on the nominal bond of Ramon Tellez, a common workman, of no property or position.
Trangailino and Agustin García, sons of the last mentioned, were arrested for having taken part in the disturbance, but were set at liberty on the nominal bail of José Maria Torres, a workman, of no property or position.
Jesús Combranwas arrested for having a watch belonging to one of the Americans in his possession. He is still in prison.
Eulogio Martinez, some kind of municipal officer, holding some position in the jail, was seen to join in the attack, and is still in prison.
Cayetano Medina and Demetrio Urbina, two of those who were wounded by the Americans, are still in prison.
Oirilo Aguilar, Francisco Colin, Espiridion Bolanos and Simon and Ignacio Mejia, common workmen of Anganqueo, have been arrested as accomplices in the crime, and are still in custody.
Question 3. “Whether either of the parties arrested, whether released on bail or not, have been tried, and, if tried, the result of the trial. If tried and convicted, the sentence of the court.”
Shortly after the disturbance, Don José Maria Bravo, Juez de Letras, of the Zitácuaro district, took up his quarters in Anganqueo, and has ever since been employed in taking the declarations from the prisoners and others. All evidence thus collected has been kept secret from us, and we can only state that none of those implicated have been sentenced.
Question 4. “Whether, if the parties arrested have not been tried, there has been one session or more of court having jurisdiction of the matter since their arrest, and any reasons, if any, which may have been given for their not having been brought to trial.”
We understand that as soon as the “Juez de Letras” has concluded his summary, all evidence will be placed before the “Tribunal Primero del Estado” in Morella (capital of the State of Michoacan), which will then pass sentence on the prisoners, if by that time all should not have escaped or broken bail. No reason has yet been given us for the evident delay in bringing the prisoners to trial.
Question 5. “If all the parties to the matter, or either of them, were well known in the neighborhood where the murder was committed, whether they could all have been arrested, and what efforts were made by the proper authorities to cause their arrest.”
[Page 750]With the exception of one or two strangers not yet arrested, all the parties in the murder are well known in the neighborhood where the crime was committed, the greater part of them having been in the company’s employ. So many persons took an active part in this affair that I imagine that, it would have been impossible for the authorities to arrest all the offenders, but there is no doubt that had they shown sufficient interest in the matter, many of the most guilty, who are now at large, might have been taken up.
Shortly after the catastrophe, the prefect of Zitácuaro urged upon the “Juez le Letras” more zeal in arresting the accused persons. The judge, however, refused at first to take any active steps in the matter, alleging that when things had settled down a little they would be able to arrest them all at once; but it is needless to remark that these wholesale arrests have never been attempted. Don Gmo. Terecero (referred to in p. 1) informed the judge that he knew some of the offenders who had some of the Americans’ property in their possession, asking assistance at the same time to take them up. This being refused, Terecero, on his own account, armed some of his servants, arrested the men, and handed them over to the authorities.
Eugenio Martinez, a miner, at that time in the company’s employment and well known as a desperate character, who was seen by many eye-witnesses collecting people for the attack, and who took a kind of command in the affair, received a wound in the head during the struggle, but, in spite of all, is still at large, though he has several times been seen about the streets since that time, amongst others, by my warehouseman, Mr. P. R. Beverly, but he has never been arrested. This same man, in company with others of the offenders, and armed with a double-barreled shot-gun, taken from Conolly during the attack, stopped Señor Terecero one afternoon as lie came out of his mine, and threatened to assassinate him if he took any more steps to bring the guilty parties to justice.
Question No. 6, asking information of various kinds.
Some time in June or July of last year, notices were posted upon the company’s house in Anganqueo and in various street corners, abusing the company and threatening to kill all foreigners in their employ.
Several people saw these notices and they were pointed out to me, but, not knowing Spanish very well, I only gathered their meaning through the reports of my employe’s. One of these, Máximo Marin, stated that he tore down one from the wall and handed it to the authorities. I am endeavoring to recover one of these placards, and if successful, will forward it to you. Nearly a year before this, similar notices were affixed to the walls threatening my predecessor, but nothing came of them, and in consequence I did not apprehend any danger, thinking it merely an idle threat of the rabble. Sometime about October of last year, Antonio Martinez, miner, acting as underground overseer for Mr. John Conolly (who was chief of the works on the San Hilario tunnel in the absence of Messrs. Sullivan and Fagan), also Marcos Sanchez, miner, working for the Trojes Company, informed Mr. P. R. Beverley, my storekeeper (a United States citizen) that the people intended to kill Conolly for having dismissed some of them from his employment. These people requested Beverley to inform Conolly that his life was in danger. Conolly received the notice that same evening, but, knowing that the company had been threatened in the same way, took no serious notice of the matter.
Generally speaking, I have to state my great dissatisfaction with the manner in which Señor Bravo has conducted the inquiry. So badly did I think of this matter that I took the precaution to write to the governor of the State, urging him to send a special commissioner to inquire into the whole affair, alleging my discontent with Bravo’s mode of proceeding. This request was nominally complied with by 1he appointment, as commissioner, of Señor Licdo Martinez, one of the ministers of the first tribunal. This gentleman spent some days in the district and departed, informing us that everything was being conducted according to law, but that for the present he could give us no definite information, as secrecy was requisite in this stage of the inquiry. Various of the principal inhabitants of Angangueo, amongst whom I may mention Señores Gmo Terecero, Justo Lopez, and Marcelino Mercado, local judge, besides numerous storekeepers, have several times expressed their dissatisfaction with the judge, Bravo, who, besides general incapability, partiality, and fear of the mob,, is given to drink.
Owing to the general fear of giving direct evidence, and also to the secrecy with which all declarations have been kept from us, I cannot give you such definite testimony vas I could wish, having no authority to take down declarations on my own account, but all the statements above given are recognized as true by all respectable inhabitants of Anganqueo, and by the officers in the employment of the company. Several of the men in my employ gave me, on the night of the occurrence, particulars of the murder and mutilation of the bodies, of which they had been eye-witnesses, but they, like the rest of the natives, on appearing before the judge, gave quite a different version of what they had seen.
It is difficult for me to give an exact estimate of the property of Mr. Stephens and [Page 751] his companions existent in the house on the day of the catastrophe, as I have no knowledge of the amount of the money, stores, and personal effects in their possession. Mr. Stephens, however, before his departure, made an inventory, which was handed to the authorities. I may, however, remark that the main loss, both to the Americans and to the Trojes company, has been derived from the compulsory cessation of the important work of driving the tunnel. Moreover, all stores not considered personal effects were mortgaged to us as security for the completion of the contract within a specified time, and for money advances made to them.
In conclusion, I wish to draw your attention to the small amount of security and legal guarantees given to foreigners in this district. Since the disturbance, we have had a force of federal troops stationed at Anganqueo, but, as yet, we have no security as to their permanent stay there. Only on Saturday, the 1st instant, orders were telegraphed for the troops to leave early the next morning, and it was only by prompt telegraphing to various federal and state authorities that we obtained the countermanding of the order. To show you the unsettled state of the district and the necessity there is for the troops to remain here, I may say that all the merchants and principal inhabitants of Anganqueo, including the local authorities, expressed their intention of remaining away from the place as soon as the troops should be withdrawn. Señor José Maria Palomino, a respectable shopkeeper of Anganqueo, has informed me that several groups of men collected on the Sunday morning, threatening that as soon as the troops were withdrawn they would make away with the remainder of the foreigners and rescue the prisoners.
It is again reported that the troops are about to be withdrawn, and we have no official assurance that they will be replaced by others. It is also notified to us that the judge, having finished the collection of evidence, will shortly proceed to Zitácuaro, taking with him the prisoners, who, it is generally believed, will be released shortly after their arrival there.
It must be evident to you that unless an example be made of those proved to be guilty of the murder of the American citizens in Anganqueo, no foreigners in the district will feel any security for their lives and property.
I shall be glad to place myself at your orders with regard to the collection of further information, or in any other way to help to secure the punishment of the offenders.
I remain, &c.,
Mr. Morgan to Mr. Ruelas.
Mexico, May 18, 1880.
Sir: I have to acknowledge receipt of your excellency’s note of the 8th instant, in reply to mine of the 4th instant, transmitting copy of report made to you by the minister of justice and public instruction under date of the 3d of the present month, relating to your excellency the course which has been pursued by the authorities of Michoacan in their efforts to bring to justice the murderers of the three American citizens in that State on the 4th of March last.
I beg to refer your excellency to the fact that beyond the recital of the minister of justice that a judge was sent to the scene of the disaster immediately after it occurred; that since that time he has given his attention to the termination of the cause; that the tribunal appointed one of its magistrates to visit the place, and, among other things, to remove every obstacle to a speedy conclusion of the cause that might present itself, no information has been furnished upon which any judgment can be formed as to what steps have really been taken to bring the matter to an issue. I venture to suggest to your excellency that the meager details which you have seen fit to send me will not be considered by my government the reply which will think my note to you of the 4th instant was entitled to. It has not been informed whether any of the parties who perpetrated the deed have been arrested, or, if arrested, in what state of progress their trial is, or if any trial has been set on foot, what prospects there are of its coming to a termination. This information is important, and I submit to your excellency that it should, if possible, be furnished.
I beg to suggest to your excellency that the lives of the American citizens to whom this correspondence refers seem to have been taken under circumstances of exceptional hardship and lawlessness. They were in their own house, and the mob which fired upon them was, as this legation is informed, headed by an officer in command of State troops, who, instead of using his command for the purpose of preserving order, took an important part in the assault, and assisted in the killing which resulted therefrom.
These facts seem to be of general notoriety. The deed was perpetrated in open day, [Page 752] as far back as the 14th of March last, and was witnessed by an entire community. The perpetrators thereof are well-known prominent citizens and officials. It would therefore seem that their arrest would not be difficult, and that the testimony necessary to their conviction would be easy to obtain, and that a sufficient period had elapsed to bring them to judgment.
Under the circumstances, your excellency can understand the anxiety which my government feels in knowing what has been done by the Mexican Government to bring them to justice, and as your excellency’s note to which this is a reply does not give the information I requested, I hope your excellency will find it in your power to supply it.
I renew, &c.,