Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 4, 1883
No. 415.
Mr. Davis
to Mr. Morgan.
Washington, August 16, 1883.
Sir: The accompanying copy of a communication from Mr. Horatio N. Beach, dated at Mazatlan, July 19 last, will place in your possession the result of his investigation into the case and personal condition of Capt. George Caleb.
As will be noted, Mr. Beach expected a speedy decision from the court at Culiacan, and, if adverse, that the case would probably be appealed. In the event of any determination being reached, Mr. Galen, who seems to be zealous in his professional efforts for Captain Caleb, will report directly to the Department.
I am, &c.,
Acting Secretary.
Report of Consul Beach on the case of Capt. George Caleb, imprisoned at La Paz, Mexico, under a charge of smuggling.
Hon. John Davis,
Assistant Secretary of State, Washington, D.
C.:
Sir: In my dispatch from New York, May 31, 1883 (No. 1), I had the honor to acknowledge the receipt of my commission to proceed to La Paz, Mexico, to investigate the case of Capt. George Caleb, a citizen of the United States, under arrest, charged by the Mexican authorities with smuggling. Accompanying my commission were certain instructions. In pursuance of those instructions I left New York June 2, and proceeded as expeditiously as the facilities of travel would permit to La Paz. Through interruptions in the journey (one a delay of seventeen days at Mazatlan, waiting for a steamer to La Paz) I did not reach La Paz until Sunday, July 15. In order not to remain at La Paz for a month, I necessarily completed my work in two lays, I having but two days besides Sunday before the steamer returned to Mazatlan. Since my return I have had but one day in which to make my report in time to go by first steamer to San Francisco. The testimony as sent was translated to me orally, [Page 668] taken by me stenographically, written out in full at once, and submitted for certificate of accuracy. This is not said apologetically for any non-fulfillment of duty, but as an explanation why I have not had time to better systematize my report. I very satisfactorily obtained all the information called for.
In commencing my work at La Paz, I first called upon the governor and other persons to whom I bore letters, next upon Captain Caleb, then upon whoever I thought could furnish me requisite information. Accepting my instructions literally, and which accorded fully with my convictions as to the impartiality of the investigation, I assured all with whom I held intercourse upon the subject to be investigated that what the United States State Department, wanted was an impartial statement of the facts. It gives me pleasure to say that all gave me most courteous treatment (even to proffering me hospitable entertainments), and I believe that no one will complain that I did not treat all impartially, equitably, and courteously—a quite difficult thing to do to satisfy a people having among themselves numerous difficulties and rivalries, much jealousy, and who are exceedingly sensitive.
[Translation.]
copy of testimony in the trial of capt george caleb on a charge of smuggling, et al., in district court at la paz.*
Francisco A. Gea, an officer of customs, affirmed and said: I am twenty-seven years of age; comandante of the post. On Sunday, the 25th of December past, I sailed from port by order of collector of customs to aid Isado Asais, who had gone to watch the schooner Adriana, news having been received of her sailing a good while from San Francisco. On the following day, between 10 and 11 a.m., found the schooner that had been captured by officers. Found on board the Intelligante several boxes, as it appears by the report given to the collector, which report was sent to this court.
Arids Arias, an officer of customs, affirmed and said: I am thirty-seven years old; a federal employé. December 23 at 10 o’clock p.m. left this port by order of collector to watch the Adriana and yacht Consuelo. Visited the latter and boats and found nothing. On the 27th, between 12 and 1 o’clock noon, came in sight of schooner Adriana, and saw at her side the boat Intelligente, where he could see from afar a large box.
The boat left side of schooner immediately and went toward one side of Las Fraillio Bay. Boarded the boat and took therefrom two rifles, there being two persons in the boat, one Juan Sandoval, patron of the boat, a man eighteen years of age, and Pamfilo Ayela, who seemed to be an Indian, a Chinaman, or Manillian, whom I sent immediately on board of the plunger under the custody of her patron, Victor Pineda, and Ignacio Duran, whom I sent with two prisoners to the chief of the custom-house in San José, and to have him furnish me aid. In the meantime I boarded the schooner Adriana with the two sailors and captured goods under their care. On the shore were Napoleon Saven and Joaquin Zeduta, both of whom came to the schooner, who tried to bribe the deponent and the custom-house sailors, offering them money. Captain Caleb of the schooner told deponent that the cases and goods found by him in the Intelligente had been taken from the schooner Adriana, and had been delivered by order of Pablo Hidalgo, and by virtue of a letter that had been presented to him by Messrs. Savier and Zedatina, which he stated under his signature before the collector of the port on account of an explanation suggested by the collector, by reason of a claim made by the American consul, and in that statement, Mr. Caleb said that the statement of the consul was not correct in regard to the treatment that deponent had given to Mr. Caleb. As the plunger did not come from San Jose, and the captain stated that he could not remain at anchor where he was, because the wind changed, deponent agreed that he should sail hence. He transshipped his goods to the Intelligente, which was to be taken in tow by the Adriana; they made sail on the 30th of December at 4 p.m., and on January 1, between 10 and 11 a. in., they sighted the comandante, whom he presented to Captain Caleb of the schooner, and reporting what had taken place, leaving under his responsibility all that deponent had captured, noting that Victor Pideda with the plunger, and the aid sent by the San José section, overtook deponent at Los Tinas about noon.
Victor Pideda affirmed and stated that he was married, fifty years of age, patron of the custom-house plunger, a resident of this port. On the 23d of last December [Page 669] sailed in plunger, taking with him Isido Asais and the following: Pomprero Marguez, Gracio Rodreguez, and Ignacio Duran. On the 26th, they met the Consuelo and six fishing boats which were boarded by the officer without finding anything. On the 27th, about 1 p.m., they came in sight of the Adriana, and by her side was the boat Intelligente laden with cases and goods which they had taken from the schooner. As they sighted her they hoisted the flag on board the plunger and the schooner did not answer. We approached her immediately, and the boat Intelligente parted from her immediately and made for the shore, the schooner being anchored with two anchors about 40 yards from the beach in the Los Failes Bay. Then Mr. Asais boarded the boat and sent to the plunger the two men who were in the Intelligente, one Juan Sandoval, alias Elquisero, a man about eighteen or nineteen years of age, and Pomfilo Agula, sending deponent with them and Ignacio Duran in the plunger to San José section in quest of aid, which he brought, and not on his return finding the schooner Adriana he made sail and overtook her on Sunday, the 31st of said month, about noon, at Las Tinas.
Pomprero Maguez, having affirmed, said: On the 33d of December last he left here in the plunger, as sailor of the custom-house, with his patron and his companions (as before stated). On the 26th they met the Consualo. After the plunger departed they went on board of the Adriana with the goods as captured, and sailed for this port on the 30th, at 4 p.m., and were overtaken on the 31st, at noon, by Pineda, with aid party, reaching port January 1, between 10 and 11 a.m.
Francisco G. Grinda, collector of customs, affirmed, states that what Mr. Isais stated in his deposition is true, as appears from the statement to which said officer refers, presented to the judge in one leaf, written in English. He also states that the signatures of said statement are in the .handwriting of said captain.
(See the statement.)
Theodoro Rodquez affirmed and made the same statement as Victor Pineda.
Also, Ignacio Duran.
George Caleb, by aid of two interpreters, affirmed, January 4, and said: Is captain of the schooner Adriana; that he has no idea of any boxes; that on the 26th of December he anchored at a place about four miles south of Cape Palma; that the place where he anchored had no name in the Mexican chart; that he remained at anchor until the 29th or 30th, when he sailed toward this port, after dinner; that while he was at anchor a boat came along side of him, and the deponent gave them some provisions, but no boxes or other kinds of goods. On the 27th, about noon, the revenue boat, with an officer and four or five men, appeared and presented themselves. (Was shown the document in English presented by the collector); said that he ignored it wholly, and it surprised him that his name appeared in such a document. Did not recognize the first signature, the second believes it to be his; that he does not know what he did, because he believed that as he was in a foreign country they were going to put him under the ground. The boat that he gave some provisions approached the land, and was then taken to the schooner’s side, the officer having previously been on deponent’s vessel and dined with him. That when he made sail he brought in tow the boat that had been brought to his vessel by the custom-house officer, having on board said officer and his sailors, to whom he gave the compass and all that he might need. During the trip to this port two other boats approached the schooner and they all came together.
William Kirshner, mate of the Adriana, affirmed and examined by interpreters, stated that he left San Francisco as mate of the Adriana about the 12th of December last, and that they were compelled to anchor in Las Frailes roadstead on account of foul weather, the ripping of the sails, and because the vessel began leaking. That while at anchor, although deponent was busy fixing the sails, he noticed that a customhouse boat came alongside, and then went toward the beach, and brought therefrom a boat that was beached, and that while they were alongside heard a conversation between the men in the boat brought from the beach and the custom-house officers in which they spoke of $800 or $900. That was all he could understand, as the conversation was carried on in the Spanish language. Then the officer boarded the schooner and remained on board about two hours, and examined the ship’s papers, which he found to be correct. That the first time the officer was on board the schooner he brought no cases of goods, but there were goods in the boat that his men brought from the beach. The second time the officers came to the schooner they put on board the boxes taken from the boat near the beach. That he did not see the boat anchored near the beach, [Page 670] and taken alongside of the schooner when the custom-house boat came or before; but he cannot state positively, it may have been there, because, as he stated before, he was busy fixing the sails. He does not know that the cases which were in the boat had previously come in the schooner, because deponent did not receive the cargo, as. schooner was laden already when deponent shipped. The only cargo which he received was that which came on deck, such as boxes of coal-oil and lumber.
Fritz Brukhorst, a sailor on the Adriana, affirmed and said: Sailed from San Francisco in the Adriana about the 11th of last month; that they anchored in the roadstead whose name he has forgotten, but it was inclosed on one side by a hill, the other side by the mainland; that while they were at anchor no boat approached the schooner till the plunger came. This went toward the land and brought a boat that was anchored on the beach, and in that boat was a large case and smaller packages, which were brought on board the schooner by the order of the officer of customs; did not see said packages taken from the schooner to the boat anchored near the beach; that in the boat anchored near the beach were four men whom he saw speaking with the officer, but did not understand what they said, as they talked in Spanish.
Benjamin Mellen, a sailor on the Adriana, affirmed and testified the same as Kirshner
Matthew Sullivan, sailor on the Adriana, verified to the same facts as Kirshner.
Francis Nelson, cook on the Adriana, the same as Kirshner as to the weather, anchorage, and leaking of vessel. He adds: A boat came alongside the Adriana and took therefrom several boxes; could not tell how many; saw but two or three. The boat, with boxes on board, withdrew half a mile from the schooner.
Louis Franco, a boy working his passage on the Adriana, testified the same as Kirshner in regard to condition of the vessel and bad weather. He adds: I saw the removal of boxes from the Adriana to the Intelligente; he in full confirming the evidence of Nelson.
Carlos Guigo, a custom-house officer, testified that he was present at the customhouse and saw Captain Caleb sign the statement given to Collector Grinda. The statement was in English, which the captain read after putting on his spectacles, and signed after reading.
George Alvarado, a student, a resident of La Paz, affirmed and testified: I wrote in English the document signed January 4 by Captain Caleb, as dictated to him by the captain, and that he read it to the captain and two of the crew. The captain signed it, and then added the lines in reference to the consul at its close. Identified the paper in court as the one drawn by him and signed in his presence.
Alberto Alvarado, Francisco A. Gea, Carlos Jehosa, José Almada, affirmed, and each testified that he was present when Captain Caleb signed the documents, and identified the document in court as the one signed in their presence.
José H. Hidalgo, one of the firm of Pablo Hidalgo & Co., affirmed, and said: That Captain Caleb’s statement as presented in court is hot true, as asserted, that the house of Pablo Hidalgo & Co., represented by deponent, sent him a letter directing him to deliver to the bearer thereof two boxes; nor had they given him any instructions in said letter not to enter the port of La Paz with the two boxes on board; that he has no knowledge of the boxes spoken of, and therefore could have given no order for their delivery. That what he (the captain) said about the boxes being marked with the initials “P. H. & Co.,” he does not know who may have put that on them, but that the house he represents has no knowledge of said packages.
This is to certify that I have read the foregoing copy of evidence taken in the case of Capt. George Caleb that in the main it is literally correct, and in all respects gives a clear understanding of the evidence.
Attorney for C Caleb.
caleb and custom-house.
George Caleb, captain of the American schooner Adriana, fifty-five years old, married, born in the State of Massachusetts, to the questions made by Mr. Francisco G. Grinda, collector of customs at La Paz, the 2d of January, in the year 1883, answered: That on account of a gale, anchored near Cape Palma (3 or 4 miles), the 26th or 27th of December ultimo. On the next day a boat came aside the schooner Adriana; that in said boat were four men. Two gentlemen came to me with a letter from La Paz. The said letter was sent by the firm of Pablo Hidalgo & Co., ordering me to deliver [Page 671] two boxes. In the letter I had instructions to enter the port of La Paz with the two boxes on board, under any consideration with the vessel. That I don’t offer any money to the officer; but two men that were on board of the other boat offered $800 to the officer. That treated the officer with politeness, and the officer treated me the same. When the officer jumped on board he shaked hands with me, came to the cabin and took a drink with me, and remained with me three or four days. That what I said is the truth.
Jas. Viosca,
American Consul, La Paz;
Dear Sir: I have here your note to the collector of the port stating that I was detained by the Mexican crew, misused by them. I deny the charge.
This is to certify that the foregoing is a correct copy of the, original, which was in English.
La Paz, Julio diez y siete de mil ochocientas ochenta ytoes.
| [seal.] | O. NUNEZ. |
statement of captain caleb.
I was master of the schooner Adriana, of San Francisco, Cal., until the 26th day of November, 1882, on a voyage from San Francisco, to La Paz, Lower California. On that date I had a gale of wind from north-northwest, with high sea in the Gulf of California. My deck load shifted, my sails were torn, and my vessel was leaking badly. At noon that day I deemed it necessary to anchor my vessel, and anchored close under the land in a bay about four miles south of Cape Palmo. About 77 o’clock that evening men came to my vessel and asked if I could spare them some provisions. I asked them who they were. They said they were fishermen. I told my cook to give them some provisions, which he did. There was no one on the deck except the cook and myself, my other men having all laid down to rest. The next morning at daylight I was on deck; I saw on the beach a boat with several men around it; also, near them, a man on horseback. About 9 o’clock I was on deck again, when the same boat was a mile and three-fourths of a mile from my vessel. At noon the customs officers boarded my vessel, and remained about two hours, when they went away. About 4 p.m. they brought the boat before mentioned to my vessel, when I asked what was the trouble. A gentleman said that they had taken his boat because he had-some goods on board, which he said he got on the beach, as he had informed the officers, and that they were his property. The boat and prize were kept at my vessel until about noon the next day, the 28th, then the officer told the men to go, and took them on shore in the custom-house boat. Before they left one of the men came to me and said that the officer told him to tell me in English that there was nothing wrong with me or vessel, and that I could go where I pleased. About half an hour after that the custom-house boat left my vessel, leaving an officer and two boys to take care of their prize. About 4 o’clock that afternoon there were men on the beach with pack-mules, and near by a large sloop. The officer was alarmed and I gave him permission to put his goods on board my vessel, and telling him that I would protect him and goods as long as they were there. About 5 o’clock the men came off from the shore in a boat, one of whom was one of the men whom the officer let go that had before been captured. I knew they meant trouble and intended to take the goods; an easy matter to do. I ordered them off, and with my men protected the men in charge and the goods.
On the 30th December the wind changed to the southeast and I left that place about noon. Before I left the custom’s officer gave me a letter to the collector of customs, stating to me and one of my men who spoke Spanish that my vessel and crew were all right, and I gave him a receipt for the letter. The next day the officer came to me and demanded the letter, took it from me and tore it up, and gave me back the receipt. The custom-house boat caught up with me in a calm, about 20 miles north of Cape Palmo, and I was compelled to tow the boats to this place, 30 miles at least. I was surrounded by armed men from La Paz, all my letters and papers as well as ship’s log-book taken away from me. They would not allow me to hoist the United States flag even for a pilot. They brought my vessel to anchor off this town. I was not allowed to send an open letter to the United States consul or a lawyer, and was forbidden to hold any communication with persons on shore. At night I was allowed a doctor. All this was done without an order from any court, by the custom-house men. I was kept under guard twenty-four hours; then was allowed to send an open letter to the United States consul. He was not allowed on board. I was ordered on shore with two seamen. Being very sick many days, and not in condition to leave my cabin, partially [Page 672] deranged at times, I was marched to the collector’s office, and there was told I had to make a statement or go to prison. I was in a weak condition, my mind partially deranged, and I don’t know what I did then or for twenty days after. I was not responsible for myself, and the statement that I made has caused me serious illness and made me a large expense. On the 4th of January, 1883, I was committed as a prisoner without bail, and remain so. My seamen were allowed to remain on board the vessel until February 2, when they were sent to prison, where they were kept until April 16, at my expense in feeding them. Then they were let out, and I sent them home with three months’ extra pay. On the examination of the case, a Mexican boy that I had on board, also an Italian cook with whom I had difficulty because of their misconduct, and who had threatened me, said that some goods were put out of the vessel. The Italian said that he would get $100 and the boy the same; when the case was tried, each when the case was tried told lies about me. Four days after they deserted the vessel and stole goods from me and the vessel. I have been sick all the time and don’t know what has been stated against me. I employed the best lawyer here and he has attended to my affairs. I know that the officer that made the charge and his boat’s crew have testified wrongly against the vessel. They found no contraband goods on board and nothing suspicious about the vessel. They say that there were two cases short in my cargo on which the duty had been paid. The Government has lost nothing. It is often the case that cargo is short on delivery. I cannot see how it was short unless cases were stolen at San Francisco on the wharf at night, which often occurs. The two cases they found on the small boat have numbers not corresponding with those that were short in the manifest. They found some goods in my consignee’s store with marks on them the same as those they found in the small boat. I had nothing to do with that, and am not at all responsible for it. Vessels sailed for the gulf a few days before I did, and I am told by one of the men in charge of the small boat that the goods in their boat came from one of those vessels. I never was a smuggler. As a good citizen I have acted honorably by the Government, and now am persecuted for it. I am a great sufferer. I cannot speak the language of the country. I think my arrest and trial were conducted illegally.
Consul, Guayaquil.
statement respecting certain items appearing in the trial of captain caleb.
La Paz, Mexico, July 18, 1883.
Regarding his having had a fair trial, it is my opinion that he was not tried in accordance with the regularity of the proceedings required by the laws of the country.
During trial, the treatment given by the authorities here to Captain Caleb and crew of the Adriana while in prison was certainly of a kind not deserving censure, and up to the present time Captain Caleb is nominally retained prisoner, lodging in a private family house, free from the care of policemen.
Captain Caleb’s declaration, given on the 2d day of January, before the collector of customs, wherein he contradicts my assertions contained in the communication addressed by me to the collector under the same day and date, is of some curious notoriety, contradicted by him, if compared with his own note of the said day, delivered to me after he made the said statement, which note reads as follows:
“La Paz, January 2, 1883.
“Mr. Viosca, American Consul:
“Sir: I wish for your presence on board American schooner Adriana on important business without delay, as I am refused to hoist the American flag. I am sick, and want to see you at once.
“Very truly, yours, &c.,
“GEO. CALEB,
“Master
American Schooner Adriana.
“9 a.m.
“P. S.—I want to employ a lawyer at once.”
The Adriana’s cargo was not liable to seizure, the same consisting in goods and lumber properly cleared from San Francisco and in a legal manner, with Spanish consular manifest and invoices, &c. The various consignees here had no connection with the said charge. Of course, everything went through the custom-house in the usual way.
| [seal.] | JAS. VIOSCA, Consul. |
the district judge.
Captain Caleb, in a communication to the United States Department of State, alleges that he did not have a fair trial, he basing his charge mainly on the declaration that his lawyer was not permitted to cross-examine the witnesses testifying against him, a right which he claims he should have been permitted to exercise under the Mexico code. What were the facts? Was he in all respects tried in accordance with the practice and usages under the Mexican law?
answer of the judge.
[Translation.]
Those are not the facts, because the law regulating proceedings does not exact the cross-examination to witnesses (law of the 5th of January, 1857), and also because the defendant, to whom the case was transmitted for the term of three days in order that he might suggest or cause to be done any convenient proceedings in favor of the party in custody in the way of introducing evidence or of talking testimony—he returned the same, stating that he had no further proof to render.
The trial of Captain Caleb was carried on by the court in conformity with the laws of the country.
(Not signed.)
STATEMENT OF LAWYER GALAN.
Captain Caleb, in a communication to the State Department at Washington, alleges that he did not have a fair trial, basing his allegation mainly on the declaration that his lawyer was not permitted to cross-examine the witnesses testifying against him; a right which he claims he should have been permitted to exercise under the Mexican code. What are the facts? Was he in all respects tried in accordance with the practice and usages under Mexican law?
reply of lawyer galan.
Captain Caleb is the defendant in two actions: one civil or quasi-civil, the other criminal. In the former, no opportunity was given him or his counsel to cross-examine the witnesses who deposed against him—in fact, the judge denied it; in the latter, he was tried as any one else would have been tried in the federal courts of Mexico.
Captain Caleb and his schooner Adriana were captured in December last and brought to this port on the 1st of January, 1883. At that time the federal district judge was not in the city, and the case was sent to the judge of the first instance, a territorial officer.
The revenue law under which this case was to be tried is that of November 8, 1880, and it provides in article 92 that immediately after the capture of the goods all parties shall be cited to appear before the court, and the trial shall be public, orally conducted, and finished in three days.
decided he should investigate the criminal part thereof, and he commenced proceed.
The territorial judge declared himself incompetent to try the smuggling case, butings in secret, as it would be done before a grand jury.
By that means he obtained all the testimony he liked to without the knowledge of Captain Caleb or his attorney. In March the district judge came and commenced to try the smuggling case, wherein he made an order that the evidence should be produced in public, according to the special revenue law aforementioned.
Captain Caleb had his witnesses come into court, where they were publicly examined and cross-examined by the district attorney. The latter sought to produce as evidence copies of depositions made in the criminal case without the knowledge of Captain Caleb, and the court admitted them as proof in spite of Captain Caleb’s objection. Due exception was made to the ruling.
In this way Captain Caleb was deprived of his right to cross-examine the witnesses produced against him, and the case was decided adversely to him without legal proof.
Once the judgment pronounced in the smuggling case, the captain was convicted in the criminal one, as a matter of course.
But I claim that if the law had been complied with, this could not have occurred, because without proof of smuggling (and no legal proof exists) there can be no smugglers convicted.
In the criminal case the captain was tried as any Mexican would have been tried, and all consideration was shown him, and, though convicted, has not been in jail for a second. In conclusion, I beg to state that I feel confident that the errors committed by the court here will be corrected by the circuit court, where the case is now on appeal, or at any rate by the supreme court, where the case should be taken and there [Page 674] fought upon the smuggling issue, which is the important one. If that fails, the other case must necessarily follow, and the supreme court will give an impartial decision under any circumstances.
Such, at all events, is the humble opinion of
points.
- 1.
- The actual character of the Adriana’s visit to the roadstead of Las Frailes—whether induced by stress of weather as alleged in Captain Caleb’s behalf.
- 2.
- The nature of the evidence to connect the Mexican sloop Intelligente with the Adriana.
- 3.
- The nature of the evidence connecting the operations of the local firm of Pablo Hidalgo & Co. with the Adriana.
- 4.
- The nature of the evidence of the cook and ship’s boy, and the evidence, if any adduced, to show |t was prejudiced, or that the witnesses bore ill-will to the captain.
- 5.
- Whether the Adriana’s manifest compared with the cargo on board, and any discrepancies found tending to inculpate the captain.
- 6.
- Whether the proceedings were so conducted as to afford to Captain Caleb full means of defense and of examination of adverse witnesses.
- 7.
- Whether the treatment of Captain Caleb and his crew during the proceedings was in any way harsh or unusual.
- 8.
- The nature of the proceedings (if any) had in appeal on behalf of the captain.
the evidence and statements on the points.
- 1.
- There is no contradiction of the claim that bad weather existed.
- 2.
- The evidence is contradictory.
- 3.
- Statements of Captain Caleb that he did, and did not, receive a letter from Pablo Hidalgo & Co., and a denial from Jose H. Hidalgo.
- 4.
- There is no evidence of difficulty.
- 5.
- No allegation appears that there was any discrepancy between manifest and cargo, and the general cargo of the Adriana was delivered as consigned. (See Consul Viosca’s statement.)
- 6.
- More for the purpose of appearing fair and impartial with the Mexican officials than with the expectation of getting important information, I personally submitted to the judge before whom Captain Caleb was tried the questions concerning the fairness of the trial as shown above, stating that it was presented so that he would have an opportunity of removing any erroneous impression that might have been created at the State Department by the captain’s allegation, and at the same time offered to accept any documents bearing on the case that the officials saw fit to present. The brief document seemed to create among the officials a profound sensation. The governor, judge, district attorney, and other officials held meetings. The governor and judge called twice upon me to see if the language did not mean something different from what it expressed. At the end of the second day the judge presented the reply as shown above. (In response to my solicitation for information I took, by request, at the custom house, the document signed by Captain Caleb, as above.) Finding that the subject was one of much importance, especially in the estimation of the officials, I handed a copy of the same document to Lawyer Galan, without informing him that it had been presented to any other person. His reply will be found as previously stated. (See also Consul Viosca’s statement.) Carlos A. Galan is an able man, and of high standing. I have no doubt his statement is true, taking into consideration all the circumstances.
- 7.
- I found Captain Caleb living in a house by himself on the chief business street. He was waited upon by an Indian boy. He informed me that he had always, after his arrest, resided there, and that his food was provided and expenses paid (lawyer included) by the firm of Hidalgo & Co., the alleged smugglers. I have no doubt the crew was well treated.
- 8.
- The case has been appealed to a higher court on the evidence as given. This court is held at Culiacan, the capital of the State of Sinaloa, about 270 miles north of Mazatlan. No further arguments are to be made, and a decision is expected right off. If the decision is adverse to Captain Caleb it is probable that the case will be appealed to a still higher court.
In concluding my report I desire to acknowledge the valuable assistance given me, under my direction, by Consul Viosca, who is a very earnest and capable officer.* * * Lawyer Galan gave me valuable aid, and without which I would not have been able to have presented a copy of the evidence short of a long journey to Culiacan. [Page 675] I requested him to write direct to the State Department of any decision that might he-rendered in the Caleb case, and if such information should be received, I trust the favor will be acknowledged. Before he did anything for me he stated explicitly that no charge would be made—that he thought the interests of his main clients (Hidalgo & Co.) would be thereby promoted.
* * * * * * *
The foregoing is my official report, which I have made a diligent and persevering effort to make complete and comprehensive. I trust my work will meet the approval of the State Department, which I have served to the best of my judgment and ability.
All of which is respectfully submitted.
- See statement of Lawyer Galan. [In the Mexican courts all evidence is taken by affirmation.]↩