No. 769.
Mr. Connery to Mr. Bayard.

No. 308.]

Sir: Upon receipt of your No. 244, of 19th ultimo, relative to the claim of Howard 0. Walker for wrongful imprisonment and cruel treatment by Mexican officials at Minatitlan, State of Vera Cruz, I made due presentation of the case to Mr. Mariscal, and inclose herewith a copy of my note to him and the translated reply received thereto from him.

You will observe that he has taken the matter under advisement, and promises to furnish a reply, which will be forwarded to you as soon as received.

I am, etc.,

Thomas B. Connery.
[Inclosure 1 in No. 308.]

Mr. Connery to Mr. Mariscal.

Sir: Under specific instructions, just received from my Government, I have to pray your excellency’s special attention to the claim of Mr. Howard C. Walker, a citizen of the United States, against the Mexican Government for wrongful imprisonment and cruel and unwarranted treatment by the Mexican officials at Minatitlan, State of Vera Cruz, for a period covering nearly four years.

Though this case was in the year 1884 a subject of diplomatic correspondence with your excellency’s Government, still I take the liberty of recounting its history, in order to aid a sound judgment in the matter.

By the inclosed memorial, duly supported as it is by official affidavits and documents, your excellency will observe that Mr. Howard C. Walker, a native of Charleston, S. C, has resided at Minatitlan since 1881, being employed there as shipping clerk of Mr. R. H. Leech, a lumber merchant; that 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; that after four days’ imprisonment, during which he was treated with much indignity, he was brought for a hearing before Judge Molina; that 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; that there, during his illness and recovery, he remained under guard for several months; that in November, 1883, his case was called for trial before Mr. R. M. Sousa, and he was promptly acquitted; that the case was appealed to the superior court of Vera Cruz, from which, after three months’ delay, it was remanded for a new trial; that 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; that he was treated with marked insult, and at one time an attempt was made by Mexican officials to have him shot; that his wife and friends, and even the American consul, were denied access to him; that at length, on May 23,1884, his health having completely failed, he was released on $40,000 bail, although it is on record, according to a statement dated July 30, 1884, of Mr. J. D. Hoff, then United States consul at Vera Cruz, that the property alleged to be stolen “is not worth more than $2,500 and never was;” that, 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 prosecution again appealed, and, on January 22, 1887, the supreme court of Vera Cruz rendered its final decision, acquitting and vindicating Mr. Walker from all the charges brought against him.

It thus appears that Mr. Walker was compelled to rest for nearly four years under the stigma and charge of theft; that his trial was unduly delayed; that, at the first, he was [Page 1138] not allowed to give bail; that while imprisoned among the vilest criminals and with persons infected by contagious diseases, he was also subjected not only to insult and ill-treatment, but even to attempted assassination; that when, finally, released on bail, he was required to give a most excessive bond, and that, by this treatment, great mental and physical suffering was inflicted upon him, to the extent that his health, previously so good, was then seriously and, as he alleges, irreparably injured.

It further appears that Mr. Walker made direct efforts, through his attorney, to obtain from your excellency’s Government pecuniary redress for the injuries done to him, but without success.

Allow me to add that, in my humble judgment, the only bar which your excellency’s Government seemed to advance in 1884 against this claim, questionable as that bar would be at any time, namely, the fact that the complainant had not been matriculated in your office as an American, can not now obstruct the consideration of this ease, as he holds a certificate of his nationality, issued October 25, 1886, No. 129.

I have purposely gone into the details of this matter, as my Government is very much impressed with the gravity of the complaint, and desires to express the conviction that the Government of Mexico will afford prompt and adequate redress. Therefore, I would respectfully submit the case to your excellency’s consideration, and would pray for a subsequent conference to treat on the reparation to be given.

I take, etc.,

Thomas B. Connery.
[Inclosure 2 in No. 308.—Translation.]

Mr. Mariscal to Mr. Connery.

Mr. Chargé d’Affaires: I have the honor to acknowledge receipt of your note of date of yesterday, relative to the case of the American citizen Howard C. Walker, which was in the year 1884 subject of correspondence between your legation and the department in my charge.

It gratifies me to advise you that I will examine your said note and its inclosures, and that I will duly reply thereto.

I reiterate, etc.,

Igno. Mariscal.