No. 761.
Mr. Bayard to Mr. Connery.

No. 244.]

Sir: I have to call your attention to the claim of Howard C. Walker, a citizen of the United States, against the Government of Mexico for wrongful imprisonment and cruel treatment by Mexican officials at Minatitlan in the State of Vera Cruz. This case has already been before your legation, and the correspondence relative to it is printed in the Foreign Relations for 1884, pages 360, 366, 372, and 377.

It appears from the papers now presented in the case, copies and translations of which, with Mr. Walker’s petition, are now transmitted to you, that Mr. Walker has resided at Minatitlan since 1881, being employed as shipping clerk of Mr. R. H. Leech, a lumber merchant. On March 19, 1883, while thus employed, he was arrested by order of Mr. Carlos Molina, judge of first instance at that port, on the charge of stealing wood from one José R. Teran and shipping the same as the property of Mr. Leech. After four days’ imprisonment, during which he was treated with much indignity, he was brought for a hearing before Judge Molina. He was not, however, admitted to bail, but was after the hearing remanded to jail, where he was kept until the following day, when a violent attack of hemorrhage of the lungs compelled his removal to his own house. There during his illness and recovery he remained under guard for several months. In November, 1883, his case was called for trial before Mr. R. M. Sousa and he was promptly acquitted. The case was appealed to the superior court at Vera Cruz, from which, after three months’ delay, it was remanded for a new trial. Mr. Walker was thereupon again imprisoned on February 12, 1884, not being permitted to give bond, and confined for three months and eleven days in one room, with fifty-five prisoners of the lowest sort, in a jail which, from the description given of it by the claimant, would seem to have been utterly unfit for human habitation. He was treated with marked insult, and at one time an attempt was made by Mexican officials to have him shot. His friends, and even the American consul, were denied access to him. At length, on May 23, 1884, his health having completely failed, he was released on $40,000 bail, although, according to a statement dated July 30, 1884, of Mr. J. D. Hoff, then United States consul at Vera Cruz (Foreign Relations, 1884, page 378), the property alleged to be stolen “is not worth more than $2,500, and never was.” On March 20, 1885, Mr. Walker was again tried before the court of first instance, Judge Rosaldo presiding, and again acquitted. From this decision the Government again appealed, and on January 22, 1887, the supreme court of Vera Cruz rendered its final decision acquitting and fully vindicating Mr. Walker.

It thus appears that Mr. Walker was compelled to rest for nearly four years under the charge of theft; that his trial was unduly delayed; that he was at first not allowed to give bail; that while in prison he was subjected to insult and ill treatment; that when finally released on bail he was required to give bond to an excessive sum, and that by this treatment great mental and physical suffering was inflicted on him, and his health was seriously, and, as he alleges, irreparably injured.

It further appears that Mr. Walker has made direct efforts, through his attorney,Mr. Y. Sepulveda, to obtain from the Mexican foreign office pecuniaryredress for the injuries done to him, but without success.

[Page 1104]

It has not been thought necessary to enter more into details in respect to the circumstances of Mr. Walker’s case, which are simply and succinctly related in his memorial (duly supported by official documents), which accompanies this communication, and contains a narration of grievous injuries inflicted upon the petitioner by Mexican officials at Minatitlan, for which it is hoped that the Government of Mexico will afford prompt and adequate redress.

You are therefore directed to present the case (with copies of the papers now transmitted to you) to the Mexican Government, and to ask for its consideration and a subsequent conference with the minister of foreign affairs as to the reparation to be given.

I am, etc.,

T. F. Bayard.
[Inclosure 1 in No. 244.]

Mr. Morris to Mr. Bayard.

Dear Sir: As attorney for Mr. Howard C. Walker, I have the honor to transmit to you herewith a petition of Mr. Walker, setting forth the wrongs which he has suffered at the hands of officials of the Government of Mexico, As a citizen of the United States Mr. Walker respectfully claims redress through your Department. Will you he pleased that such steps be taken in the premises as may seem just and proper.

Very respectfully,

M. F. Morris.
[Inclosure 2 in No. 244.]

Mr. Walker to Mr. Bayard.

Sir: The petitioner, Howard C. Walker, respectfully requests the protection of the United States and the assistance of the Department of State to enable him to procure relief from the Republic of Mexico for the wrongs suffered from the officials of the said Republic, as herein stated.

The petitioner is a citizen of the United States, and a resident of Charleston, in the State of South Carolina, but since the year 1881 has been temporarily sojourning in Minatitlan, in the State of Vera Cruz, in the Republic of Mexico, where he has been employed as shipping clerk of R. H. Leech, exporter of mahogany and cedar wood at the” port of Minatitlan.

On March 19, 1883, while this petitioner was engaged in the pursuit of his business in loading the Norwegian hark Circassia with mahogany wood belonging to said Leech, he was arrested by order of Senor Carlos Molina, judge of first instance at said port, on the charge of stealing such wood from José R. Teran, a citizen of the place, and shipping the same as the property of Leech. He was placed in the common jail, kept in close confinement, cut off from communication with family and friends, conducted once every day from said jail through the public thoroughfares to the dock where the Circassia was receiving its cargo, publicly branded as a thief, and otherwise treated with insult and indignity. After three days of such treatment this petitioner was brought into court, where for the first time the charge of theft was formally made, and this petitioner given the opportunity of denying the same. His denial was positive and explicit, and by order of said judge made in writing. These proceedings were had before the same judge, Molina, and at their conclusion this petitioner was again lodged in jail. On the day following he was stricken with an illness which necessitated his removal from the jail. He was thereupon taken to his house in what was supposed to be a dying condition, and for seventeen days medical skill was impotent to stop the repeated hemorrhages from the lungs, and for several months he was unable to move from his house. During all this time he was under guard and treated as a prisoner in his own house. In November of 1883 his case was called for trial before Mr. Ricardo M. Sousa, and this petitioner was promptly acquitted of the charges preferred against him. An appeal, however, was taken from the judgment of this court to the superior court at Vera Cruz, and after three [Page 1105] months’ delay the case was heard and remanded for a new trial. This action of the superior court resulted in the second arrest of the petitioner, who was again conducted to jail, and confined for three months and eleven days in the common pen of said jail, a small room, where fifty-five prisoners of the lowest sort and condition were kept. The condition of this room was filthy beyond description, and the prisoners were denied the most ordinary appliances for preserving cleanliness and health. During this time, the petitioner was compelled to pay exorbitant prices for every service, and even for the water necessary for drink and personal use. Some of the prisoners were affected with contagious diseases, and the atmosphere of the room was that of a pest-house. This petitioner was insulted on every occasion by the officials of the jail, and was frequently visited by one Guillermo Castellanos, a judge of the first instance, who, coming in an intoxicated condition almost every evening, would amuse himself by insulting and ill-treating this petitioner.

This judge would compel the petitioner to be paraded between two of the guards upon the streets and public walks of the place, and, when from extreme weakness and ill-health the petitioner would protest against this treatment, he would be told that if he did not obey the jailors would be ordered to beat him into obedience. On one occasion the guard was directed by this judge to shoot the petitioner, on the ground that he was obnoxious to the courts. This direction will appear by reference to the affidavit of Carlos L. Matoso, commander of the guards, hereunto filed and marked Exhibit X.

The hours for admitting visitors to the jail were changed each day, so that it was impossible for any one to see petitioner. Even the American consul was prevented from visiting the petitioner. He was denied all communication with his family, and prevented from obtaining medical aid or medicines. On the 23d of May, 1884, his health having completely failed him, this petitioner was released on bail for the sum of $40,000. On the 20th of April, 1885, he was again tried before the court of the first instance, Judge Rosaldo presiding, and again acquitted, Judge Rosaldo stating from the bench that the case instead of lasting two yearsshould not have lasted two days.

From this decision the Government again appealed, and on January 22, 1887, the supreme court rendered its final decision, acquitting the prisoner and vindicating him in the most positive and complete manner, and giving him the right to claim damages against the parties liable. Thus finally, four years after the date of his first arrest, the petitioner was acquitted and set at liberty.

A transcript of the record of the jail at Minatitlan, showing the date of arrest and of the several trials and judgments above referred to, is herewith filed, marked Exhibit A.

It will be seen from this record that for four years this petitioner was compelled to rest under the charge of theft, and that he was by the delays of the Mexican officials prevented from having these charges promptly or properly investigated; that every delay was resorted to by the Government to postpone the acquittal of the prisoner in a case which on its face showed the innocence of the accused; that during these four years the petitioner was subjected to insults, indignities, and inhuman treatment such as is never meted out even to the greatest criminal; that under this treatment the petitioner’s health was entirely undermined and destroyed. At the date of his first arrest he was of strong and robust health, and to-day he is a confirmed invalid, and will continue so, according to the opinion of the best physicians of this country, to the end of his life.

After his final acquittal by the superior court at Vera Cruz, a copy of whose judgment is herewith filed, marked Exhibit B, this petitioner applied to the Mexican Government, through the secretary of foreign relations, for damages for the wrongs and injuries sustained, but his claim was, on May 13, 1887, disallowed, as will appear by the letter of Y. Sepulveda herewith filed and marked Exhibit C. This petitioner refers to the certificate of I. C. Valos, municipal officer of the district of Minatitlan, as evidence of his residence in that place and his character and good conduct.

By reason of the premises and of the injury to the petitioner in his health, feelings, and pecuniary damage, the petitioner submits that he has suffered loss to the amount of $150,000, wherefore he respectfully prays that such action may be had as will enforce his just rights.

Howard C. Walker.

By his attorneys,
Morris & Hamilton.
[Inclosure 3 in No. 244.—Translation.]

Certificate of Juan Coli.

Juan Coli, keeper of the public jail of this town, hereby certifies in due form that in the book of entries of this office there appear the following:

On page 156, entry No. 1728, March 19, 1883, H. C. Walker entered this jail by order of the judge of 1st instance. Same page and same entry, March 21, 1883, Mr. [Page 1106] H. C. Walker went to his house as prisoner by order of the same judge. Page 182, entry 2119, Feb’y 12, 1884, Mr. H. C. Walker entered this jail to continue his imprisonment by order of the same judge as an accomplice of robbery, being declared a formal prisoner. Same page and entry, May 20, 1884, he was placed under 2d justice of the peace. On page 188, entry No. 2197, May 22, he was set free under bond by the same judge. Page 12, entry No. 2534, Feb’y 22, 1885, he entered this jail by order of the 1st justice of the peace. Same page and same entry, Feb’y 24, 1885, he was released under bond by same judge. Same page and same entry, Feb’y 23, 1887, he was set at absolute liberty by order of the hon. tribunal of justice and at the instance of same justice of the peace.

And at the request of the party in interest I now issue the present for the purposes that may best suit him, at Minatitlan, on this the 23d day of February, 1887.

Juan Coli.

(Keeper’s seal and two internal-revenue stamps for 25 cents each.)

C. Francisco Garcia, political prefect of the district of Minatitlan, certifies that the foregoing signature which reads Juan Coli is the one which he uses in his public acts as well as in his private affairs, and that he is at the present time employed as keeper of the public jail of this town.


  • Francisco Garcia.
  • P. Castellanos,
    Secretary.

(Prefect’s seal and two internal-revenue stamps of 25 cents each.)

[Inclosure 4 in No. 244.—Translation.]

Certificate of Ignacio Cevallso.

Ignacio Cevallos, municipal officer of this district, hereby certifies that the American citizen Howard C. Walker, a native of Charleston, State of South Carolina, in the United States of America, having remained at this place during five years, has observed good conduct and punctually paid up his taxes, municipal as well as State taxes.

Therefore, upon giving up his domicile here on this date, the present certificate is issued to him for the purpose which may best suit him, and of which note has been taken in the respective book.


I. Cevallos.

Countersigned:
Garcia.

(Two official seals and two internal-revenue stamps of twenty-five cents each.)

[Inclosure 5in No. 244.—Translation.]

Judgment of the supreme court of Vera Cruz.

José Demetrio Tapia, secretary of the court of first instance of the district, hereby certifies that on the book of sentences of this court, on pages 16 and 17, there appears a sentence which reads as follows:

“A seal.” Supreme tribunal of justice of the State of Vera Cruz, Llave; full bench, secretary’s office; this bench gave this day the following sentence:

Having examined the present suit brought against H. C. Walker and Christian Jobsen for theft and the additional charge against the said Walker for assault and battery upon Juan Girod, the former being a native of the United States of the North, of full age, married, a clerk and resident of Minatitlan, and the latter a native of Norway, married, of full age, and a sailor; the sentence which on the 20th of March of last year, 1885, was pronounced by the court of 1st instance of Minatitlan based upon the legal measures which it invokes, deciding:

The charge of stealing lumber brought against H. C. Walker and Christian Jobsen, is hereby dismissed, their right to recover damages from whoever may be responsible being free.

2d. H. C. Walker is free from criminal responsibility on account of the wound he inflicted upon Juan Girod in rational and legitimate defense.

[Page 1107]

3d. The accused, Walker and Jobsen, are set at liberty under promissory bond, and therefore the bonds given for them are hereby cancelled.

4th. Let personal notice be given, &c.

Having examined the appeal interposed against the above sentence by plaintiff, Mr. José R. Teran, admission of the recourse, citation for this sentence, what has been alleged by plaintiff and the reply of counsel for the defense, Messrs. Betancourt y Vega and Salvador Roman, citation for sentence and everything else which was deemed worthy of judicial attention:

Considering, 1st. That the basis of all criminal proceedings is the commission of a crime and its legal proofs in such a manner that when the same is not proven the investigation has to cease, and hence it must end for the want of substantial proof in support of penal justice and also because it is in the interest of society that no criminal proceedings shall remain pending indefinitely. 2d. That in the case under consideration there were exhausted on the part of the court as on the part of (defendant) plaintiff all the means conducive to the proving of the larceny alleged to have been committed, without there having been obtained but vague presumptions of its commission, which can not judicially prolong for any more time the investigation which, as very well stated by counsel of defendants, has had two marked periods decided by the orders of dismissal decreed in 1st instance, and in neither of them have either the zeal of plaintiff nor the judge’s duty been able to advance a single step to prove the criminal act denounced, and much less as to the conviction of the guilt of the accused. 3d. That although the accuser, represented in this instance by a very distinguished lawyer, alleges that the dismissal decreed is illegal because it is a suit followed at the request of the party in interest, it must be remarked that this circumstance in no manner alters the judicial nature of the proceedings, and, besides, we are dealing with an Offense which may be prosecuted also by law, such as is the robbery or theft of lumber, and there must above all be borne in mind that the duration of proceeding is not subject to the judgment or the caprice of an accuser, however indefatigable he may be, but to the common rules of law and of morality, for the investigation once exhausted without the proving of the offense imputed, it were unjust and immoral to continue the proceedings for the sole purpose of gratifying the accuser, to the prejudice of social interests and, still more, to the irreparable injury of the accused, who would remain at the mercy of the former for an indefinite period of time. Considering, finally, that the facts relative to the suits brought against H. C. Walker are equally well appreciated, and that there have been exactly applied to the same the legal measures which serve as a foundation of Art. 2d of the sentence now under revision. Therefore, now, and for the same reasons of the sentence appealed from, this full bench of the hon. superior court of justice of the State hereby resolves:

1st.
The foregoing sentence of dismissal is hereby confirmed.
2d.
Let this be communicated to the judge that he may notify the same as may be right, giving account thereof; inform the lawyers, Messrs. Manuel M. Rivadeneyra, representative of the accuser, and Juan M. Betancourt, Antonio Vega, and Joaquin G. Aguilar and Salvador Roman, as counsel for defendants, and let the proceedings be put on file in due time.

Luis Calderon.

Rode Gutierres Morales,
Secretary.

And I have the honor to communicate the same to you for compliance therewith. Jalapa, Dec. 29, 1886.

R. Gutierres Morales.

To the judge of 1st instance, Minatitlan.

The above is a true copy taken from the original at the request of Mr. H. C. Walker, and for the purposes that may best suit him the present is now issued.


J. D. Tapia.

Countersigned:
Larra.

(Seals; two internal-revenue stamps of 50 cents each.)

[Inclosure 6 in No. 244.]

Mr. Sepulveda to Mr. Walker.

My Dear Sir: As your attorney, I had yesterday an interview with Mr. Mariscal, secretary of foreign relations, relative to your claim for damages. He authorizes [Page 1108] me to inform you that the Mexican Government could not possibly allow you any damages, giving as a reason that the Government did not consider the same just.

I regret very much the conclusion reached, as I had harbored the conviction that justice attended your case, and have done all in my power to have your rights recognized.

I am, etc.,

Y. Sepulveda.
[Inclosure 7 in No. 244.—Translation.]

Certificate of Alejandro Gamboa.

The undersigned, resident of Bodegas de Otapam, certifies that in the year 1884 he was commander of the Rural Guards for the southern districts of the State of Vera Cruz; that during the same year, in the month of February, doing garrison duty with the detachment of said guards under his command at the town and head district of Minatitlan, I know that the American citizen H. C. Walker was a prisoner in a cell of the jail of said municipality, for a supposed lumber robbery, and by the written order of the judge of 1st instance, Guiliermo Castellanos, and the political prefect of the district, Julio J. Novoa, daily took the said Walker from the jail at 7 a.m., giving a receipt therefor to the jail-keeper, and taking him through the streets and public thoroughfares of said town, he conducted him on board the Norwegian hark Circassia, turning him over to the said Judge Castellanos, who was on board the said vessel, looking over the unloading of the same. At 12 m. of each day, during all the time such unloading lasted, he turned over to me the said Walker, from which place I took him again to the public jail of said town, handing him to the keeper of the same and recovering from the officer the receipt which the undersigned had given in the morning for the person of said Walker; and at 3 p.m. of every afternoon the same operation was repeated, the undersigned turning over the said prisoner Walker at 6 p.m., when he was locked up in the cell, where he suffered his imprisonment with the balance of the criminals.

At the request of the party in interest, and for the uses which may best suit him, I signthis at Bodegas de Otapam, Mar. 5, 1887.

Alejandro Gamboa.

(A 50 cents internal-revenue stamp.)

The citizen Pedro O. Diaz, 1st justice of the peace of this town, makes known that the signature subscribed to the foregoing instrument and reads “Alejandro Gamboa” has been affixed thereto in my presence, and is in his own handwriting, as used by him.

I attest.


  • Pedro O. Diaz.
  • J. M. Garcia,
    Secretary.
[Inclosure 8 in No. 244.—Translation.]

Mr. Matoso to Mr. Walker.

My Dear Sir: Your favor of yesterday has been received, from which I see that you desire me to recite what occurred in the port of Minatitlan during my presence there as commander of the detachment of the 15th Battalion, and also as to the instructions I received regarding yourself.

Complying with your request, I will state that during the month of March, 1884, there came to me at about 2 a.m. at my lodgings, which were close to the jail in which you were a prisoner on account of the question of the Circassia, the lawyer Guiliermo Castellanos, judge of 1st instance, and Col. Antonio Rodriguez Guerra, chief of the federal troops at that port, who gave me orders to lire through the windows of the prison at the first symptoms of disturbance, and to try and kill you as you were obnoxious to the country, and that they had secret instructions from the Government upon this subject. As you can not but be aware, such outlandish orders made me quite indignant, the more so as the respectable name of the Government was used to satisfy purely personal revenges, to which I refused stating to those gentlemen that what they sought was utterly impossible, as it referred no more nor less to the [Page 1109] commission of a murder against, a foreign citizen who was subject to trial by the respective authority; that, therefore, my duty as a soldier was to give guarantees and preserve order, but never to become a vile assassin. The result of this was that both Col. Rodriguez Guerra and Lawyer Castellanos became my enemies, and to that effect, later on, I was the victim of an ambuscade which was prepared against me at Col. Guerra’s house for the purpose of murdering me, whence I left seriously wounded and was taken a prisoner to Veracruz under many calumnies. The result of this was that we were both tried, and after two years and several months’ imprisonment I was acquitted, and the colonel sentenced to two years’ imprisonment, as the many abuses he committed were proven.

I think that the above will satisfy your request, and I now beg to remain, with best regards,

Yours, etc.,

Carlos L. Matoso,
Lieutenant.

The foregoing letter was signed in our presence by the lieutenant Carlos L. Matoso, who is personally known to us.


  • Ygnacio Sepulveda.
  • Guillermo Pritchard.