Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 3, 1888, Part II
No. 813.
Mr. Bragg
to Mr. Bayard.
Mexico, October 15, 1888. (Received October 23.)
Sir: Supplemental to my No. 123, dated August 29 last, inclosing copy of my note to Mr. Mariscal in the matter of B. C. Work, imprisoned, as alleged, at Ciudad Victoria, in the state of Tamaulipas, which note, in response to case made in the report of Consular Agent J. EI. T. King, was made an inclosure in my No. 123, I have now the honor to inclose you, in Spanish and English, note received from Mr. Mariscal, with statement, under oath, of Work before the court.
[Page 1235]From the present showing the former statements seem to be highly varnished fabrications. I trust that the last version is the true one.
I am, etc.,
Mr. Mariscal to Mr. Bragg.
Mexico, October 11, 1888.
Mr. Minister: Referring to my note of the 31st of last August, relative to the proceedings at Ciudad Victoria against B. C. Work, charged with homicide, I have the honor of advising your excellency that I have received a communication from the governor of the State of Tamaulipas, dated the 2d instant, covering a report from the judge of first instance of the first judicial district of that State, which reads as follows:
“The trial of Mr. Work was begun on the 1st of Marsh last, at San Carlos, and the proceedings are in a state pending final and definite sentence. The slight delay in the trial of the case does not, it appears, result from the slow and protracted course of action of the local authorities, but from the non-appearance of the accused at San Carlos. During all this time Work has visited different places, and that personal absence interfered with the discharge of certain proceedings which, without his presence or that of his representative, could not be carried out.
“Since the 11th of April he has been in complete liberty, attending to his business affairs without any further restrictions than the furnishing of bail to appear in court whenever summoned, for the purpose of replying to personal queries, which has occurred on several occasions, after which he has gone wherever he pleased. During the time preceding the said date he remained but a short time in prison, as can be seen from his own testimony. The burning up of his house, with all its contents, as well as the other acts of violence perpetrated, so it is alleged, against his family, which fled to the mountain, did not occur, as can be proven by his own declaration.
“Mr. Work has been tried according to the laws, and he has always been heard in strict justice whenever he applied to the court in the exercise of his rights, and never has there been any refusal to attend to any complaint he might formulate. He is at present living with his family in this city, in full possession of personal freedom, and engaged in mining work, having settled here of his own free will, and not because the court had placed upon him any obligation to live in the said city. To him, as to all accused, are furnished means of defense, which means, by and with the advice of his attorneys, he now employs. I think this report will be sufficient answer to the inquiries instituted by the governor for the information needed.”
While placing the foregoing data at the disposition of your excellency, it gratifies me to inclose herewith copy of the testimony furnished by Work in that court under date of September 14 last.
I renew, etc.,
Testimony of B. C. Work.
[Court of first instance, of first judicial district of the State of Tamaulipas, Victoria.]
On the 14th of the same month (September 18, 1888), the accused, Robert C. Work, being present for the purpose of amplifying his declaration, as made last year, after duly protesting to speak the truth in all relevant matters, was as follows:
- (1)
- Interrogated as to whether he had been working the mines in his possession at San Carlos at the time of the occurrences and with what means, and replied that the mines, the suit for which he gained in this court, were not operated by him for himself, but in the name of a company of which he was a partner; that at the time of the occurrence he had only one man working in the mines; that, about ten days before the work of six men who had been then occupied for three months was stopped, and it was to pay off these six men that he went to Linares to bring the funds, which he said he brought.
- (2)
- Interrogated as to whether he was in charge of any mines not his own, and the class of work and number of miners thereon employed, he replied that he was in [Page 1236] charge of other mines, but that they were not then being worked at all, and he was waiting for orders and funds to operate them.
- (3)
- Interrogated whether the act for which he is on trial was committed on the highway some distance from San José, or within the jurisdiction thereof, he answered that it occurred just within the radius of the last outlying houses where the San José road debouches from the Gorga or gulch embraced within the limits of San José and close to the dwelling of those whom he regards as enemies of his, to wit: Leon Grimaldo and AntonioVasquez; and that the occurrences transpired in front of the house of the latter and also in front of the house of witness, which was about 500 varas distant; both houses being visible from that point.
- (4)
- Interrogated as to what amount of money he was carrying when Francisco Cruz stopped him, he stated that he had on his person $50 cash and $50 in drafts, for the payment of some small amounts he was owing.
- (5)
- Interrogated as to whether the other party, who he said accompanied Francisco Cruz, fled to the field or remained standing close to Antonio Vasquez and others, he said he did not know whether he stayed there or ran away.
- (6)
- Interrogated as to what was burned on the night of the occurrences, and whether his family did have to fly to the mountain, he replied that the fire was confined to a stretch, more or less long, of a hedge of bushes; and that the fire ran up to within 10 or 12 varas of the house, which was not touched at all; that his wife and family did not fly to the mountain, but slept in the house of the person charged with the administration of justice, which lies within the jurisdiction of San José, but is half a league away from the house of the deponent.
- (7)
- Interrogated as to how many days he was in prison at San Carlos and the kind of treatment he then received and on what date he was set at liberty by this court under bail, he replied that he was under arrest in San Carlos about twenty days, nine days more in the jail, and the rest of the time in the house of Mr. Francisco Guevara Saldana, with permission to go out to the street on his business; that in this city he was in jail for about two weeks, as follows: He was in the office of the warden of the jail and not in the jail itself, sleeping at night in the private house of Don Francisco De Witt, while during the day he was allowed permission to go to see his lawyer.
- (8)
- Interrogated if whether, from the 11th of April to date, he had enjoyed complete liberty, and at what places he had meanwhile been, he answered that since the 11th of April last and up to date he has been in the enjoyment of complete liberty; that therefore he has been in this city and at Linares, and wherever it has been necessary for his business matters, with the sole restriction that he was occasionally called to the court and notified there not to leave the city until certain proceedings were disposed of.
- (9)
- Interrogated if whether, during that time, he had been denied a hearing, or whether he had been deprived of any of the guaranties pledged to him under the law, he replied that he had never, often as he had appealed to the court in demand of justice, been denied a hearing. And the court therefore claims that due justice has been dealt out in his case, and there is no cause for complaint.
With the above this declaration was closed, and affirmed and ratified by the accused when he had read it, and was then and there signed by the judge, by the deponent, and by the witnesses.
We attest.
Witness: