Mr. Egan to Mr.
Blaine.
Legation of
the United States,
Santiago, November 5, 1891.
(Received December 3.)
No. 220.]
Sir: I beg to refer to my No. 217, addressed to Mr.
Wharton, and have now the honor to inclose a translation of a second note
received from the minister of foreign relations, under date of 30th October
[Page 212]
ultimo (inclosure No. 1),
conveying report from the intendente of Valparaiso in reference to the
unfortunate occurrence of 16th of October.
The intendente considers it entirely impossible that the police could have
committed the brutalities and cruel excesses imputed to them, and says when
the police and other forces arrived on the scene “the mob collected was
about 2,000 men, which, from the square of Francisco Echaurren to the
passenger mole, including the streets, or calles, of
Cochrane, Blanco, and the Avenue Errazuriz, formed a real battlefield (campo de agramonte), in which all, and especially the
American sailors, fought with stones, clubs, and bright arms (armas blancas). He claims that the police and
soldiers only tried to restore peace; that, under the circumstances, the
local authorities could not have done more, and that everything goes to show
that the disturbance began by a fight between some drunken sailors. The
minister concludes by renewing his promise to communicate the result of the
process when concluded.
I communicated the substance of this note by telegram, and shall, as in the
case of the note of the 27th ultimo, await instructions before replying.
On 30th I learned by telephone from Valparaiso that the judge of crime had
requested Capt. Schley and the United States consul to submit evidence, and
that they intended to refer the request to this legation.
In order not to lose time I at once telegraphed for instructions.
I forwarded to Capt. Schley copy of the report of the intendente, conveyed to
me in his note of 30th instant by the minister of foreign relations, and
have received under date of 1st instant Capt. Schley’s reply (inclosure No.
2), in which he says:
The fact that my men numbering in few cases more than 5 or 6, were
attacked by a mob of 2,000 men, and that those of them who were
arrested (36 in number) were found when searched to possess only 6
or 7 small pocketknives is a complete refutation of the statement
that they were armed as charged by the Intendente.
He bears personal testimony to the orderly behavior, politeness, and sobriety
of a very large number of his men whom he met about the streets up to the
time he left the shore, about half an hour before the disturbance commenced,
and points out that the attack of 2,000 people upon a few unarmed and
defenseless men, with the death of one on the spot and one subsequently, and
the mutilation by stab wounds in their backs of many others, merits to be
called a brutal attack.
I received a second letter from Capt. Schley, also under date of 1st instant
(inclosure No. 3), giving a list of persons who can give valuable evidence,
and transmitting to me copy of the invitation from the intendente to supply
evidence, together with his reply, both of which I send attached to
inclosure No. 3.
I received on yesterday your telegram of 1st instant, conveying instructions
that none of the officers or crew of the Baltimore should be allowed to
testify except he be accompanied by a friend as counsel and be allowed to
express himself in his own language openly and not secretly, and also
instructing me to ask the Chilean Government the privilege of reading the
document which American sailors signed in secret without understanding and
when unaccompanied by counsel.
I had an interview with the minister of foreign relations on this matter, who
explained to me that under the old Spanish forms in use in Chile the judge
of crime is entirely independent of the Executive in regard to the process
of the sumario, and is not obliged to give any
information or show any of the documents until the process is concluded, and
[Page 213]
he regretted that for that
reason he could not comply with the request.
I stated that, in order to facilitate the progress of the investigation and
to avoid as far as possible the raising of difficult questions, I would
suggest to Capt. Schley to tender through the intendente the evidence of his
men upon the conditions named in your telegram, which I explained to the
minister, and that I should also suggest to Capt. Schley to make in
Valparaiso the request to be allowed to read the documents signed by the
sailors.
I addressed last night to Capt. Schley a letter to this effect, copy of which
please find herein (inclosure 4).
To-day I received from the United States consul, Valparaiso, a letter
(inclosure No. 5) giving me the information that in the case of the stabbing
by Chilean sailors of one of the crew of a German war ship (who, it is
stated, was mistaken for an American) Judge Foster, of the court of crimes,
the same who is now conducting the investigation into the Baltimore case, permitted, in the course of last month, the
secretary of the German consulate to be present, while he refused the
request of Capt. Schley for permission for one of his officers to
attend.
Although not provided for by law, it has been the almost invariable custom in
Valparaiso, when questions arose involving foreign interests, to invite the
consul of the nation interested to be present at the investigation in a case
affecting a merchant ship and in the case of a war ship the captain or an
officer whom he might depute.
I informed you to-day by telegraph of the course pursued in this case of the
German sailor.
I have, etc.,
[Inclosure 1 in No.
220.—Translation.]
Señor Matta to Mr.
Egan.
Ministry of Foreign Relations,
Santiago, October 30,
1891.
Sir: As there have been made on the part of the
legation of which you are the chief, in a note of 26th instant,
reproaches and imputations against the members and officers of the
police of Valparaiso, until the moment arrives to publish all of the
summary (sumario) referring to the occurrences of
the 16th, and that this department should place it in the knowledge of
your excellency, the undersigned esteems it necessary and convenient to
transmit to your excellency the report in relation to the facts and
investigation which the intendente of Valparaiso has been able to make
in compliance with his duty, and in order to make clear the
responsibility and those responsible in the deplorable occurrences of
16th instant.
The following is the report of Don Juan de Dios Arlegui in so far as it
refers thereto, founded upon the acts and sayings of the immediate
chiefs:
“By these facts your excellency will be acquainted with the extremes of
inaccuracy of the charges formulated by the honorable minister of the
United States against the police of this port. Thence it is entirely
impossible that the police could have committed the number of
brutalities and cruel excesses which are imputed to them.
“The conflict commenced at 6 o’clock p.m. in the streets called the
Clave, San Martin, San Francisco, etc., inhabited by people of the
lowest grade and full of saloons and sailor drinking houses.
“The formation of a crowd in a few moments is very easy in those
localities.
“At the intendencia was received information at 6:15 o’clock p.m. In the
moment orders were given by telephone to the chief police station, also
to that of Santo Domingo, and at the same time to the military guard of
the intendencia, so that without losing time there might be brought
together the greatest possible force to prevent the conflict. This was
done, and when the force arrived, particularly the police, at 6:30
o’clock, the mob collected was about 2,000 men, which, from the Square
[Page 214]
of Francisco Echaurren to
the passenger mole, including the streets, or calles, of Cochrane, Blanco, and Avenue Errazuriz, formed a
real battlefield (campo de agramonte), in which
all, and especially the American sailors, fought with stones, clubs, and
bright arms (armas blancas).
“The police and soldiers who arrived at the place only tried to make
peace and to arrest those most actively engaged on account of the state
of excitement or drunkenness in which they were, and to disperse the
crowd.
“An hour after, at 7:30 o’clock, all was quiet and the persons captured
were placed at the disposition of the judge of crime, who arrived at the
place.
“When the police force arrived there was heard behind the back of the
captain commanding a shot from some firearm. The captain turned around
immediately and saw a sailor of the Baltimore
fall wounded in the neck. The shot had no doubt been fired from a
considerable group of people which was there. It was impossible to
discover who had fired or who was with firearms, a thing which can be
easily understood if there be taken into account the fact that the
occurrence took place in the moment in which the police force arrived at
the Plaza Echaurren. The officer dismounted, attended to the wounded
man, and conducted him to the drug store of Señor Guzman, in order to
procure him medical attendance, and afterwards sent him to the hospital;
unfortunately, however, he died on the way.
“I do not believe, Mr. Minister, that the local authorities could have
done more than they did upon the occasion of this unfortunate
occurrence, in view of the locality in which it took place, the
deficiency of the police to look after this extensive and irregular
population, and the imprudence of landing on shore at one time 160 men
of the crew of the Baltimore, according to the
reports of the police.
“The precise cause of the disorders it has not been possible to
ascertain. I do not know if it will appear from the summary now in
progress, but everything goes to show that it began by a fight between
some drunken sailors, the same as had taken place a few days before
between some German and Chilean sailors.”
According to the rule which governs criminal proceedings, while the facts
are being investigated the process is kept secret, and hence neither the
intendente of Valparaiso nor the undersigned are in a position to know
more than appears from the declarations and reports of certain and
specified persons, and are not able to affirm or deny anything in
relation to the result at which the judge may arrive in his
investigations, which are the more prolonged and complicated the greater
are the number of culprits or persons responsible for the crime.
Maintaining the offer made to that legation to communicate whatever may
result from the conclusion of the process and being sure that the real
culprits being discovered the proper punishment will take place, the
undersigned renews to the honorable envoy extraordinary and minister
plenipotentiary the expression of his high consideration.
[Inclosure 2 in No. 220.]
Capt. Schley to Mr.
Egan.
U. S.
S. Baltimore (First
Rate),
Valparaiso, November 1,
1891.
Sir: In reply to your letter of October 31,
inclosing a copy of a communication from the minister of foreign
affairs, I would state that neither my letter nor the report of the
board of investigation charges the police force and its officials as a
body with participation. My report to you states that “the fact that a
number of the wounds are recognized as bayonet wounds would appear to
point to police participation in some few cases, though I am glad to be
able to say that there were some-instances in which the officers
intervened most courageously to protect our men against the mob.”
Complaints are made by men whose names are given in the report of the
board of investigation of brutal treatment by those police into whose
hands they fell, and I have mailed you a number of names of persons who
may be able to give information that will lead to a fuller development
of all facts bearing upon this disturbance.
Until all information is before the intendente and the investigation
shall have been concluded, I am unable to understand how he has arrived
at the conclusion that the charges made in several instances against the
police are inaccurate and could not have been committed by them.
The fact that my men, numbering in few cases more than 5 or 6, were
attacked by a mob of 2,000 men, and that those of them who were,
arrested were found when searched to possess only six or seven small
pocketknives, is a complete refutation of the statement that they were
armed as charged by the intendente.
[Page 215]
I hope that when the persons are examined whose names I have sent you it
will be shown that the opinions of the intendente were expressed in the
absence of all the facts of the case and are from that point of view
inexact.
I can personally testify to the orderly behavior, politeness, and
sobriety of a very large number of my men whom I met strolling about the
streets up to 5:30 p.m., when I left the shore, and as the disturbance
originated about 6 o’clock, by Riggin’s dispute with a Chilean sailor,
at which time Riggin must have been sober, as Mr. Lanctot can testify to
his and his companions’ sobriety when dragged from the car a few minutes
before Riggin was killed.
As to who fired the shot which killed Riggin, I think some light will be
thrown upon the subject by some of the witnesses whose names I have
transmitted this morning.
The attack of 2,000 people upon a few unarmed and defenseless men (and I
say defenseless because, when searched by the police, only six or seven
pocketknives were found and returned to me by the intendente after the
men’s examination), with the death of one on the spot and one
subsequently, and the mutilation, by stab wounds in their backs of many
others, surely merits to be called a brutal attack.
I have, etc.,
W. S. Schley,
Captain Commanding.
[Inclosure 3 in No. 220.]
Capt. Schley to Mr.
Egan.
U. S.
S. Baltimore (First
Rate),
Valparaiso, November 1,
1891.
Sir: I have the honor to inform you that the
following persons have stated that they are able to testify to facts and
can give names of individuals who saw and can recognize some of the mob
who assaulted and stabbed my men on the evening of the 16th ultimo.
Thomas Riley, keeper of the “Horse-Shoe Bar,” is now in Santiago with the
English Opera Company. He can give the names of a number of people who
saw the stabbing and shooting of Riggin and other attacks on my men.
Andrews Löfquist, having been an eyewitness, can testify to the shooting
and stabbing of Riggin.
Charles Lanctot gave one of our men citizen’s clothes and helped him,
after being chased from the mole up to the Hotel Colon. He can give
names of several others who witnessed the assault and can testify that
men were sober, and saw Riggin and another man dragged from the car and
stabbed. He also knows the names of some others who saw the assault.
Edward Parry, at Lever & Murphy’s, saw the shooting of Riggin and
assault on other men. He is an important witness.
John Carthy, a negro, now held in jail, saw the killing of Riggin, and
can name three men whom he says he saw stab him.
Capt. Jenkins, of the steamer Keweenaw, saw the
assaults of the mob, and can give names of people who saw the assault
and are familiar with the details.
I have informed the intendente that I had no doubt if application were
made to you the information requested in his letter would be furnished,
and to that end I inclose his letter to me and my reply.
Very respectfully, etc.,
W. S. Schley,
Captain Commanding.
[Inclosure
A.—Translation.]
The intendente of
Valparaiso to Capt. Schley.
Republic of Chile,
Intendencia of
Valparaiso,
Valparaiso, October 29,
1891.
The judge of crime has addressed to me an official letter of
yesterday’s date, as follows:
“In the proceedings instituted against Charles G. Williams and forty
others in the matter of a dispute between North Americans and
Chileans, dated on yesterday, the following is decreed:
[Page 216]
“It being expedient, for the furtherance of investigations,
to make use of the information which the commander of the
Baltimore and the North American
consul have been able to obtain, the intendente of the
province is instructed to procure from said functionaries
the data referred to.
“The above is hereby communicated for that end.
“God guard you.
“E. Foster
Recabarren.”
I have the honor to transmit the same to you for the end in view.
God guard you.
[Inclosure B.]
Capt. Schley to
the intendente of
Valparaiso.
U.
S. S. Baltimore (First
Rate),
Valparaiso, November 1,
1891.
Sir: In reply to your excellency’s note,
dated October 29, I have the honor to inform you that as the matter
to which it refers has been transferred by my Government to the
minister, Mr. Patrick Egan, envoy extraordinary and minister
plenipotentiary at Santiago, I would respectfully state that I am of
opinion that if application be made to him, your excellency will be
supplied with the names of several individuals who will be able in
their turn to give you other names of persons who saw the killing of
Riggin and the wounding of a number of others of my men during the
lamentable disorders of the 16th ultimo.
Regretting that I am unable to furnish, directly, the information you
have requested, I have, etc.,
W. S. Schley,
Captain Commanding.
[Inclosure 4 in No. 220.]
Mr. Egan to Capt.
Schley.
Legation of the United States,
Santiago, November 2,
1891.
Sir: I beg to acknowledge receipt of your two
communications of yesterday, with inclosures, and I am also in receipt
to-day of a telegram from the Secretary of State on same subject, copy
of which I inclose for your information.*
From this telegram you will perceive that the Department sees no
objection to officers or men of the Baltimore giving evidence before the
judge of crime, provided they “be accompanied by a friend as counsel and
be allowed to express themselves in their own language, openly and not
secretly.”
As the intendente may take your answer of 1st instant as final and may
not communicate the request for evidence through the department of
foreign relations to me, I would suggest to you the advisability of
again putting yourself in communication with him with a view to the
production of this evidence, upon the conditions laid down, in Mr.
Blaine’s telegram. There could also be no objection now to your giving
to the intendente direct the names of the witnesses which you have
mentioned in your letter to me.
If the evidence be accepted by the authorities, upon the conditions, you
will no doubt be allowed the privilege of reading the documents signed
by the American sailors in their examination before the judge of crime
referred to in your reports, in which case you will oblige me by sending
me copies, or if copies be not obtainable, a statement of what such
documents contain.
I remain, etc.,
[Page 217]
[Inclosure 5 in No. 220.]
Mr. McCreery to Mr.
Egan.
Consulate of the United States,
Valparaiso, November 2,
1891.
Sir: On the 23d September last one of the men
from the German vessel of war named Nemman was on
liberty on shore and was seriously stabbed.
Judge Foster, of the court of crimes, the same judge and court who have
investigated the Baltimore killing, investigated
the case, and at the investigation the secretary of the German consul at
this port was present by permission of the judge. This permission to be
represented at the investigation held by the same judge at the same
court was denied to Capt. Schley, who made application for same to the
intendente and to the same judge. The investigation in reference to the
stabbing of the German sailor was made on the 28th day of October. There
is no question in relation to the facts herein communicated.
I am, etc.,
Wm. B. McCreery,
United States Consul.
