No. 800.
Mr. Bayard
to Mr. Bragg.
Department
of State,
Washington, July 19,
1888.
No. 88.]
Sir: I herewith transmit for your information
copies of two letters from Mr. Henry N. Clement, of San Francisco, of the
9th and 10th instant, in regard to the claim of Mrs. Janet M. Baldwin
against Mexico, and the retaking of certain testimony by that Government,
which Mr. Clement fears may be prejudical to his client’s interests unless
rebutted.
Mr. Clement has been advised in reply to his suggestions that Mr. James B.
Chess, the consul at Durango, be instructed to take such testimony as he
might think best, that the consul has no power to summon witnesses before
him, although he might and no doubt would take the depositions of all who
appear voluntarily for that purpose.
It was also represented to Mr. Clement that the facts in the case being,
moreover, so well known, it could hardly be affected by the ex parte contradictions of former testimony that
might now be set up.
I am, etc.,
[Inclosure 1 in No. 88.]
Mr. Clement to Mr.
Bayard.
San
Francisco, California, July 9, 1888.
Dear Sir: I have just received from Durango,
Mexico (and herewith inclose you), official confirmation of the fact of
which I wrote you some time since, that the Mexican Government has had
retaken the testimony of the head miner, Mapula, who parleyed
[Page 1218]
with the assassins of Leon
McLeod Baldwin, and have thus given Mapula an opportunity to falsify his
former testimony concerning the threats made by the assassins, viz: “We
have killed the foreigner, and we are going to finish all the foreigners
and their associates.” Mapula now says that all his old testimony taken
at the inquest was true except the above quoted words. He does not deny
that the assassins made a declaration or threat of some kind, in other
or similar language; he simply says that all his original testimony was
true except that one particular declaration in the manner quoted. He
does not say what the assassins did say. His bare denial in the form now
made, after his former statement, is therefore a clear negative
pregnant; and is, under the rules of pleading, equivalent to an
affirmative admission that the assassins did make a statement of a
similar character, or in another form.
* * * * * * *
I am informed that abundant testimony can be procured to show that the
original evidence given by Mapula is true and that his retraction is
false.
I am further informed that much valuable testimony that will materially
strengthen our case against Mexico on many points can now be obtained,
not only from foreign residents of Ventanas and Durango, but from the
native Mexican inhabitants themselves. I am still further informed that
an active and aggressive spirit of intimidation now reigns in the
vicinity of Ventanas and extends even to the city of Durango, concerning
this Baldwin case, which is so pronounced that even our American
consular agent, Dr. Chess, has been made to feel that he can not take
the testimony of witnesses as to facts favorable to us without an
express authorization from the State Department which he can show.
In view of the foregoing facts, I respectfully ask you to authorize and
empower Dr. Chess to take, and forward to you, the testimony of such
witnesses as may be brought before him in this case, in order that we
may anticipate, and be fully prepared to meet and refute, any new state
of facts with which we may be confronted by Señor Mariscal in his
forthcoming reply to General Bragg.
I make this request in the interest of my client, Mrs. Baldwin, who is
now here, as well as on behalf of my Government in its controversy with
Mexico.
Faithfully, yours,
[Inclosure 2 in No. 88.]
Mr. Clement to Mr.
Bayard.
No. 528 California Street,
San
Francisco, July 10,
1888.
Dear Sir: I herewith inclose you the document
which I neglected to inclose in my letter to you of yesterday. Will you
kindly permit me to say that I find on rereading my correspondence from
Durango, Mexico, that I underestimated and understated the importance of
endowing Dr. Chess with power and authority to take and forward
testimony in this case. If you will not regard my suggestion as in the
least officious, as I do not intend to be, I would really urge that Dr.
Chess be instructed to proceed and take such testimony as he may think
best.
Very respectfully,
[Inclosure 3 in No. 88.]
Copy of testimony retaken in the case of the murder
of Leon Baldwin.
In the mineral district of “Villa Corona” of Ventanas, on the 19th day of
August, in the year 1887, I was notified by chief of police to go to
certify the assassination perpetrated on the person of the American
citizen Leon Baldwin, and, taking necessary steps, the subscribed judge
took up these proceedings, which will serve as a heading to the
proceedings against the delinquents.
Tomas A. Soto.
In continuance, the miner of the mine named “Valenciana,” the citizen
Eustacio Mapula, being present and having taken the oath, said his name
is as above stated, originally of San Dimas, and resident of this
district.
Question. What do you know in regard to the assassination perpetrated on
the person of the American citizen Leon Baldwin?
He answered that the testimony he has made is the same, excepting the
words that
[Page 1219]
Carlos Martinez
and Vicente Becerra had said to him; said words are, “We have killed
this foreigner and we are going to finish all the foreigners and their
associates.”
Question. Why did you not render help to Mr. Baldwin when they were
taking him away to kill him, having men in the mine?
He answered, because they had at that moment no weapons to defend
themselves with; which is all he knows and has to say in compliance with
the oath he has taken, in which he affirms and ratifies, himself
subscribing with me and those who assist. I certify:
Tomas A. Soto.
Eustacio Mapula.
In continuance, the citizen Peliciano Gonzales, being present and having
taken the oath in due form, said his name is as stated, single, of age,
orginally of San Dimas, and resident of this district.
Question. What do you know in relation to the assassination perpetrated
on the person of the American citizen Leon Baldwin?
He answered that he corroborated in all its parts the testimony given by
the miner Eustacio Mapula, who had been a miner in the mine “Valenciana”
in the speaker’s place, which he affirms and ratifies, not placing; his
signature on account of not being able to write; the judge with those
who assist do it in his name.
Tomas A. Soto.
On the same date, the citizen Valentin Sierpe, being present and taking
the oath, was asked his name, and other generalities, and said, his name
is as stated, single, thirty-two years of age, miner, originally of
Baris and resident of this district.
Question. What do you know in relation to the assassination perpetrated
on the person of the American citizen, Leon Baldwin? He answered that he
corroborated the testimony made by the miner, Eustacio Mapula, in all
its parts, which he affirms and ratifies, which is all he has to say in
compliance with his oath; he did not sign on account of not being able
to write, the judge and those who assist signing in his name.
Tomas A. Soto.
Ventanas, February 20, 1888.
Having taken the testimonies, forward them to the interested parties, as
requested.
Tomas A. Soto.
Ventanas, February 20, 1888.
I, William W. Carroll, being duly sworn, do upon my oath, say that
practically the translation hereto attached is correct, and that I am
personally acquainted with Tomas A. Soto, the judge signing the evidence
or depositions of parties herein given, and to the best of my knowledge
and belief the signature of Tomas A. Soto hereto signed is his
signature.
W. W. Carroll.
Subscribed and sworn to before me this 21st day of May, A. D. 1888, at
Durango, Mexico.
