No. 249.
Mr. Morgan
to Mr. Frelinghuysen.
Legation of
the United States,
Mexico, March 21, 1884.
(Received March 31.)
No. 773.]
Sir: On the 13th instant I received a dispatch from
Joseph D. Hoff, consular agent of the United States at Coatzacoalcos (the
dispatch is without date), in which he informed me that H. C. Walker, a
citizen of the United States, was under a false accusation of having stolen
wood, in prison at Minatitlan, and had been confined since the 19th of
March, 1883, without a trial and without any proofs of guilt having been
brought forward against him.
Accompanying Mr. Hoff’s dispatch was the protest made by Mr. Walker before
that officer, a copy of which I inclose.
On the same day I addressed a note to Señor Fernandez, in which I called his
attention to the case, and asked for a speedy investigation thereof.
From his reply of the 17th instant you will observe that he has asked for
information upon the subject from the governor of the state of Vera
Cruz.
I am, &c.,
[Inclosure 1 in No. 773.]
Consular Agent Hoff
to Mr. Morgan.
There is an American citizen here by the name of H. C. Walker, who has
been falsely accused of having stolen wood, and been a prisoner here
since March 19, 1883, during which time he has never been brought to
trial, nor has his accuser ever presented any proofs whatever against
him.
He is at present in jail and seriously sick, and although two physicians
here have examined him and given their certificates that his life is in
imminent danger if longer detained in jail, and that it is impossible to
cure him where he is confined, the judge here has refused to permit him
to leave the jail to get cured, although he has been offered hail to any
amount he required to present himself for trial whenever required by
said
[Page 361]
judge to do so, and it
appears that the judge keeps him in jail because of his personal enmity
to said Walker, who has accused said judge to the superior court of this
state of injustice.
Accompanying this, I send you a copy of Walker’s protest made before
me.
Yours, truly,
JOSEPH D. HOFF,
United States Consular
Agent..
[Inclosure 2 in No. 773.]
Protest of H. C. Walker.
To all whom it may concern:
Be it known that the undersigned, Howard C. Walker, a citizen of the
United States of America, makes and declares the following protest
before me, Joseph D. Hoff, United States consular agent for
Coatzacoalcos and dependencies thereof, on this 29th day of February, A.
D. 1884, at Minatitlan, protesting as follows:
- 1.
- That he, the said Walker, is now, and has been since 19th day
of March, A. D. 1883, a prisoner, and is now confined in jail
and under arrest, without trial and only upon accusation, no
proof of his guilt having been produced or offered, and that he
is still so confined without bail or mainprise.
- 2.
- That that accusation against him, which is that he has stolen
lumber, is false, malicious, and felonious.
- 3.
- That he has been treated during his confinement as a criminal
of the worst character, having been subjected to worse
punishment than has been applied to convicted murderers who have
been incarcerated in the same prison at the same time with
himself.
- 4.
- That the court by whose order he has been so confined has been
guilty of the grossest partiality, in that, although bail has
been offered, in any amount desired, for his temporary release,
the said court has refused to admit him to bail, although it is
a notorious fact that a convicted murderer has been admitted to
bail by said court, and is now at large.
- 5.
- That the said court has been guilty of great injustice and
disregard of the laws of the country, in that, although
protestor has repeatedly applied for a hearing of his case, no
such hearing or trial has been granted by said court.
- 6.
- That the said Walker is now, and for some time past has been,
suffering from severe bodily ailments (as more fully appears by
the certificates of two well-known and competent physicians,
which are hereunto attached), which render it necessary, for the
preservation of his life, that he should be removed from his
present prison where he occupies a cell in common with, at
times, upwards of fifty other prisoners, to some place where he
can receive the care, quiet, and attention which his condition
demands.
Admission to his presence has been denied to his wife, as also permission
to furnish him with proper food and medicines.
Against all of which acts of arrest, restraint, punishment, and
partiality and injustice of court, the said Walker protests; and I,
Joseph D. Hoff, consular agent of the United States of America for
Coatzacoalcos and dependencies, having myself seen said Walker, and
recognizing the injustice and inhumanity of his treatment, do also
protest that his confinement is an outrage against humanity and common
justice.
Therefore, Howard C. Walker, a citizen of the United States, protests
against such usage, and that he will hold the perpetrator of said
outrages responsible for such damages pecuniarily.
And I, Joseph D. Hoff, do also protest against such outrages to an
American citizen.
Minatitlan, the 29th February,
1884.
HOWARD C. WALKER.
Be it known that Howard C. Walker, the subscriber of the foregoing
protest, now in jail, being sworn before me, the subscriber,
according to law, on his oath saith that the above protest is true
in every respect, as far as he knows the law, and is true to the
facts, in his belief.
Sworn to before me in jail, at
Minatitlan. Witness my hand and seal
of office this 1st
day of March, 1884.
JOSEPH D. HOFF,
United States Consular
Agent.
The above is a copy of the original filed with me.
[Page 362]
[Inclosure 3 in No. 773.]
Mr. Morgan to Mr.
Fernandez.
Legation of the United States,
Mexico, March 13,
1884.
Sir: This legation has been informed, through
the consular agent of the United States at Coatzacoalcos, that Howard C.
Walker, a citizen of the United States, was arrested by the authorities
of the above-named place on or about the 19th day of March, 1883, on the
charge of having stolen lumber; that since the date aforesaid he has
been confined in jail; that bail has been refused him; that he has
repeatedly demanded a trial without avail, although his health is in a
precarious condition; that no proof of guilt has ever been brought
against him which would authorize his imprisonment.
Under these circumstances I bring the case of Mr. Walker to the notice of
your honors Government, with the request that it may be promptly
investigated and speedy trial awarded him.
I renew, &c.,
[Inclosure 4 in No.
773.—Translation.]
Mr. Fernandez to
Mr. Morgan.
Department for Foreign Affairs,
Mexico, March 17,
1884.
Mr. Minister: I have received your excellency’s
note of the 13th instant, relating to the imprisonment at Coatzacoalcos
of Mr. Howard C. Walker, accused, as it is reported, of having stolen
wood.
In reply I have the honor to say to your excellency that I have this day
asked for information upon the subject from the governor of Vera
Cruz.
I renew, &c.,
