No. 761.
Mr. Bayard
to Mr. Connery.
Department
of State,
Washington, January 19,
1888.
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.,
[Inclosure 1 in No. 244.]
Mr. Morris to Mr.
Bayard.
Washington, D. C., December 6, 1887.
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,
[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.
In testimony whereof I now issue this
certificate at Minatitlan on this 2d day of March,
1887.
- 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.
Minatitlan, March 2d,
1887.
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.
Minatitlan, Jan. 28,
1887.
J. D.
Tapia.
Countersigned:
Larra.
(Seals; two internal-revenue stamps of 50 cents each.)
[Inclosure 6 in No. 244.]
Mr. Sepulveda to
Mr. Walker.
City of
Mexico, May 13,
1887.
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.,
[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.
Santiago Tuxtla,
March 8,
1887.
- 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.
Mexico, April 12,
1887.
- Ygnacio Sepulveda.
- Guillermo Pritchard.