In the proceedings instituted by the maritime custom-house of this port
and prosecuted by district attorney against the owners of the American
schooner Adriana, the following decree has been pronounced:
Considering the proceedings instituted in the case, originating by
the seizure of the maritime coast-guard of the bay of Los Frailes of
various effects of foreign origin, which, according to the captors
thereof, were freighted on the American schooner Adriana, and
transferred at that point to the Mexican vessel Inteligente, for the
purpose of their being smuggled into the country; considering the
demand presented by the district attorney against the captain of the
vessel, J. Caleb, who was defended by Carlos F. Galan (lawyer), and
who also represented the owners of said vessel; considering the
evidence produced by the parties and the allegations, the
information given by the maritime custom-house, the steps taken to
establish them, and all the proceedings in the case:
Considering, first, that it is abundantly established and without any
contradiction whatever that the officers of the coast-guard seized
the Inteligente freighted with the goods which gave rise to this
proceeding; considering, second, that at the point at which this
seizure was made the American schooner Adriana was lying at anchor;
considering, thirdly, that there was no other vessel of any other
size at that point; considering, fourthly, that the captain
confessed to Officer Ysais that he had transferred the said effects
from the vessel which was under his command to the Mexican vessel,
the Inteligente; considering, fifthly, that the said captain
produced a letter written in English, which contained the
declaration that two gentlemen came to him with a letter from La Paz
signed by Pablo Hidalgo &, & Co., instructing him to give to
them two boxes; considering, sixthly, that it appears by the
manifest that the schooner “Adriana” was consigned to the house of
Pablo Hidalgo & Co.; considering, seventhly, that from the
proofs adduced by the Government it results that the declaration of
the captain above mentioned, although he would not acknowledge them
afterwards, is corroborated as well by the acts above specified as
by the testimony of Falcon and Nelson, competent witnessts and above
suspicion; and also by the marks on the boxes, which marks are P. H.
C. or P. H. & C, it not being possible that said initials should
represent any other house, there being none in this port with which
they could be confounded; considering, eighthly, that it has also
been established that the mark used by Pablo Hidalgo. &, Co. is
the same as those found on the goods seized; that J. L. E. Kuscht,
who brought one of the cases, belongs to a Paris house having
relations with Pablo Hidalgo & Co., that Padilla who is the
consignee of the greater portion of the goods which were on the
Adriana is a clerk of the house of Pablo Hidalgo &Co.;
considering ninthly, that the evidence adduced by the defendants is
not to be considered: (1) because the declarations of the crew of
the Adriana are those of persons interested in defeating this
action, accused as they are of complicity with the captain and being
in the pay of the owners of the vessel, their testimony is not to
betaken, according to Juan Valpino in his discussion of the
fifty-fith question, and of Dr. C. J. A. Mettermaier in his work on
Evidence, chap. 42, p. 335; (2) because of the sailors who declared
was impossible for a coasting boat to come along side of the
Adriana, which is disproved by the confession of lawyer Galan, who
affirmed that that vessel had supplied fishing boats with supplies,
and that consequently these boats were able to go alongside of the
larger vessel; and (3) because, although the hatchways and bulkheads
of
[Page 646]
the schooner Adriana,
when she arrived at this port, were closed and caj.ked, the most
that this would prove would be that the contraband goods were not
carried in the hold of the vessel, but they might have been in the
cabin or on deck, which neither the number nor size thereof made
impossible; considering, tenthly, that the objections made to the
testimony of the Government by Lawyer Galan, and his request for
further proof should not prevail, because these proofs are not
testimonial, but certified copies of documents, which copies could
have been, and were, compared by the defendants; considering,
lastly, that the owners of the Mexican vessel, Inteligente, which,
with its cargo and arms, were seized, have not presented
themselves.
For these reasons, and in conformity with the provisions of section
I, article 86, and section I, article 87, of the tariff laws in
force, the undersigned judge decides as follows:
First, that the American schooner Adriana is declared to be
confiscated to the Government; second, the same decree of
confiscation is pronounced against the Mexican vessel Inteligente,
and the effects seized thereon; third, the arms seized are retained
to be delivered to the owners thereof, should they present
themselves, as they were not used in resisting the captors; fourth,
the defendants to pay the costs; fifth, the parties in interest and
the maritime custom-house to be notified hereof, and a copy of the
same to be transmitted to the Departments of Justice and Hacienda
according to law.
Thus decided and signed by the federal judge of the territory of
Lower California, and in the presence of the secretary, who
certifies to the same.
Certified to.
LOUIS G. CABALLERO.
Secretary.
Department of
Hacienda, Section 1, April 26,
1883.
