Mr. Ryan to Mr. Blaine.

No. 255.]

Sir: In connection with your No. 206 of February 20, 1890, in regard to the case of Capt. J. H. Stilphen, of the American schooner Robert Ruff, I beg to forward, for your consideration, notes from the foreign office, with translations, relative thereto; also copy of a communication from Mr. J. D. Hoff, our consul at Vera Cruz, stating that the case of Captain Stilphen had been removed to Vera Cruz, for reexamination, to the district court.

You will observe that the Mexican Government insists that Captain Stilphen was within its jurisdiction (2½ miles from shore) when he aided the escape of Joseph Patton.

I am, etc.,

Thos. Ryan.
[Page 631]
[Inclosure 1 in No. 255.—Translation.]

Mr. Mariscal to Mr. Ryan.

Mr. Minister: I have the honor to acknowledge receipt of Your Excellency’s note of the 10th instant, wherein you were pleased to communicate to me the desire of Capt. J. H. Stilphen, of the schooner Robert Ruff, that the proceedings conducted against him for having assisted in the escape from Coatzacoalcos of one Patton may be speedily terminated, and that the bond he gave in order to be allowed to sail may be canceled.

In the said note Your Excellency refers to the note of December 10, wherein I promised to communicate to you the result of investigations set on foot touching this matter.

In reply, I would state to Your Excellency that a few days since I received a communication from the governor of the State of Vera Cruz covering a report from the superior tribunal of that State, in which it is stated that the judge of first instance at Minatitlan having been found incompetent to hear the proceedings relative to the wound received by Manuel Alor, and which bears on the matter of the responsibility of Captain Stilphen, the case was referred to the second federal court of the district of Vera Cruz for a hearing and action.

As soon as the result of the said proceedings is communicated to this department I shall have the satisfaction of transmitting them to Your Excellency.

I renew, etc.,

Igno. Mariscal.
[Inclosure 2 in No. 255.]

Mr. Hoff to Mr. Ryan.

Sir: I received yours of 8th, and at the same time a telegram from J. H. Stilphen saying his case had been removed to Vera Cruz for reexamination, to the district court, and I accordingly went to the court and saw the clerk, and he said it was there and under examination, but when it would be decided it was out of his power to tell.

The captain seems very impatient, as he has his $200 bail up and he wants it back in his pocket again. He says the court at Minatitlan say they find nothing against him. Captain has sailed from Minatitlan for New Orleans at present.

Yours truly,

Joseph D. Hoff.
[Inclosure 3 in No. 255.—Translation.]

Mr. Mariscal to Mr. Ryan.

Mr. Minister: In my note dated the 10th of December last I had the honor to inform Your Excellency that the ideas set forth in your legation’s note of the 7th of the same month seemed based upon information which did not accord with the particulars of the case on file in this department, as touching the position of the American schooner Robert Ruff, when, on starting from Coatzacoalcos in August of last year, it was overtaken by the gig of the captain of the port with a judicial warrant for the arrest of Joseph Patton, a fugitive from justice.

The truth of the occurrences having been investigated, as I promised Your Excellency in my said note, it transpires that the said schooner was 2½ marine miles distant from the coast when the captain’s yawl overtook it. For, while it was true that upon leaving the port the schooner had gone further out to sea, it afterwards tacked or maneuvered in order to reach the boat carrying the fugitive, and this movement brought it further inland.

I embrace the opportunity to renew, etc.

Igno. Mariscal.