I have not yet replied to this note, as I am awaiting from Capt. Schley
copies of a correspondence which he has had with the intendente of
Valparaiso on same matter.
[Inclosure in No.
230.—Translation.]
Señor Malta to Mr.
Egan.
Ministry of Foreign Relations,
Santiago, November 9,
1891.
Sir: The judge who is charged with the
preparations of the sumario in order to
investigate the culpability and the culprits in connection with the
disorders which occurred on the 16th October ultimo, has found in the
prosecution of the investigation that it was necessary, in order to
obtain all the facts possible conducing to the establishment of the
truth, to request those which are in the possession of the commander of
the Baltimore and of the consul of the United
States of North America in Valparaiso.
According to the reports of the judge to the secretary of state in the
department of justice, those having been requested by the intendente of
Valparaiso, the said commander and consul excused themselves from giving
any fact whatever, “on account of having brought the matter to the
knowledge of Mr. Patrick Egan, minister plenipotentiary of the United
States in Santiago by order of his Government.”
The commander adds “that Mr. Egan can supply, on receiving application, a
list of names of persons who in their turn can give the names of several
others who saw the death of the sailor Riggin and the wounding of
various others of the crew of the cruiser.”
Such are with the reservations of the case with respect to that which may
be considered as affecting the Chilean jurisdiction by certain methods
of proceeding and the words in which they are expressed, the points upon
which this department of foreign relations desires that, in giving the
necessary testimony and conducing to the clearing up of the facts and
the investigation of the culprits, the honorable envoy extraordinary and
minister plenipotentiary of the United States may be good enough to give
information, contributing thus to discover the truth regarding the facts
which occurred in the fight of 16th October ultimo.
The delay in the prosecution of the sumario has
reached already to several days, on account of the excuse on behalf of
the sailors of the Baltimore to appear before the
judge, and now it will be prolonged so much longer as may be delayed the
testimony called for by the judge and which, as it appears, is necessary
to continue and complete his investigation.
Without prolonging this note by reflections and considerations upon what
may be the rules and obligations of the judge in matters of
investigation of facts and evildoers, like those of 16th October, the
undersigned calls the attention of the honorable minister
plenipotentiary to the necessity, not alone for acceleration, but also
for the completion of the sumario, that there may
arrive at this department his important testimony in order that it may
be transmitted to the respective tribunal immediately.
Awaiting the reply and reiterating to your excellency the expression,
etc.,
