Señor Romero to Mr.
Gresham.
[Translation.]
Legation of Mexico,
Denver
Colo., September 6,
1893. (Received September 11.)
Mr. Secretary: I have the honor to inform you
that I have received instructions from my Government to lay before that
of the United States of America a formal complaint on account of the
violation of Mexican territory, committed at Nogales, Mexico, during the
afternoon of the 23d of July last, by John Roberts, deputy sheriff at
Nogales, Arizona, in arresting Jesus Garcia, a Mexican citizen, who had
had a fight with Celedonio Carrillo, likewise a Mexican citizen, within
the limits of the latter of the above-named cities.
You will find a detailed statement of all that took place in connection
with this unfortunate incident in the inclosed copy of a note from Mr.
Mariscal, secretary of foreign relations of the Mexican Government,
dated City of Mexico, August 4, 1893, and in the six documents
accompanying the same, a copy of which I also herewith transmit.
It appears from these documents that Deputy Sheriff Roberts, accompanied
by Alfonso Bachelier, a citizen of the United States, crossed over into
Mexican territory for the purpose of arresting Garcia. Miguel Braka,
also a citizen of the United States, told them in time, in a loud voice
and in the presence of several witnesses, that they were in Mexican
territory, notwithstanding which, Bachelier knocked Garcia down; Roberts
beat him while he was prostrate and unable to defend himself, and both
dragged him by the feet until they got him on the soil of Arizona, in
doing which they were assisted by William Mehan, also a citizen of the
United States.
The day after these unfortunate occurrences, i e., oil the 24th of July
last, after Garcia had been under arrest for several hours, Roberts
asked and obtained from Eugene K. Sykes, justice of the peace at
Nogales, Ariz., a warrant for the arrest of Garcia, who was tried and
sentenced to pay a fine of $60, or to be imprisoned for sixty days,
although several witnesses of both nationalities testified that the
arrest had been made in the State of Sonora.
These proceedings caused such indignation on both sides of the boundary
line that Judge Sykes thought proper, on the day after he had pronounced
the sentence, to order Garcia’s release.
The same deputy sheriff, on whose testimony Judge Sykes sentenced Garcia,
did not state that he had arrested Garcia in United States territory,
but said, as appears from the sentence pronounced by Judge Sykes (which
I herewith transmit among the inclosures), that he had arrested Garcia
on the line dividing the United States from the Republic of Mexico.
The President of the United States of Mexico has, consequently, given
orders that this legation shall lay a formal complaint before the
Department of State of the United States, not only on account of the
offense done to Mexico by that U. S. officer in performing the functions
of his office on Mexican soil, but also on account of the acts of
violence and cruelty committed in the territory of both countries on the
person of Jesus Garcia, and on account of the imprisonment to which
Garcia was sentenced by Judge Sykes in defiance of all law and right.
The President has further given orders that this legation be instructed
to ask that Deputy Sheriff Roberts and his accomplices be punished as
they deserve, and that a suitable indemnity be paid to the
complainant.
[Page 458]
My Government instructs me, furthermore, to call the serious attention of
your Department to the frequency with which violations of the Mexican
territory have recently been committed by U. S. officers, an instance of
which is afforded by the entrance into Mexico of Texas rangers who
advanced as far as the town of Tres Jacales in the State of Chihuahua,
for the purpose of arresting Jesus Holguin.
Eight, equity, and good neighborly relations require that the authorities
of each country respect the territory, laws, and authorities of the
neighboring nation. Abuses in such cases might give rise to serious
conflicts, as well as to bad feeling and excitement on the frontier
between two friendly countries whose governments desire to cultivate and
draw closer their relations of amity, commerce, and neighborliness. The
Mexican Government has been inflexible in punishing the guilty parties
in such cases, and it therefore considers itself fully justified in
asking the U. S. Government to see that the guilty parties in the
present case are punished; feeling convinced, as it does, that the best
way to put a stop to these outrages and to prevent their occurrence in
future, is for both governments to be firmly resolved not to allow them
to go unpunished, and to let this resolution be known.
Be pleased to accept, etc.,
[Inclosure.
Translation.]
Señor Aspiroz
to Señor Romero.
Department of State of Foreign Relations,
Mexico, August 4, 1893.
During the afternoon of the 23d of July last John Roberts, deputy
sheriff of Nogales, Ariz., crossed the boundary line, and at
Nogales, Sonora, arrested, with the assistance of Alfonso Bachelier,
a citizen of the United States, Jesus Garcia, a Mexican citizen who
had had an unimportant fight with Celedonio Carrillo, likewise a
Mexican, within the limits of the first named of the above
cities.
Roberts and Bachelier were aware that they were committing an
unlawful act in making the said arrest on foreign soil, because
Miguel Braka, an American, who witnessed the act, told them in time,
in a loud voice and in the presence of various persons, that they
were in the territory of Mexico.
The sheriff, in making the arrest, beat Garcia, who was unable to
defend himself and who made no resistance, because Bachelier had
knocked him down, and the aforesaid Roberts and Bachelier together
dragged him by the feet until they got him into Arizona, where they
beat him again. While he was being taken to prison he was also
beaten by William Melian, another citizen of the United States.
On the following day, the 24th, Roberts obtained from Eugene K.
Sykes, justice of the peace, a warrant for the arrest of the alleged
offender, who was already under arrest; he took him before the said
judge, who tried him. At his trial several witnesses of both
nationalities testified that Garcia had been arrested in the State
of Sonora. At the trial the consul of Mexico was present,
accompanied by an intelligent lawyer, Mr. Eb. Williams, and
protested against the arrest, showing that the proceedings were
legally null and void, notwithstanding which Jesus Garcia was
sentenced to pay a fine of $60 or to be imprisoned for sixty
days.
These acts caused general indignation on both sides of the boundary
line, in consequence of which Justice Sykes decided to release
Garcia, first explaining that he did so with a view to putting a
stop to unfavorable comments touching the measures that had been
adopted, and also to furnishing evidence that fraternal sentiments
are entertained in Arizona toward Mexico. The consul, to whom notice
of this was given, accepted Garcia’s release, but took care to state
that he should not consider it as a favor granted, but as a decision
justly demanded and pronounced by the court in the discharge of its
strict duty.
Inclosed you will find documents which fully prove the facts stated.
On the basis of these the President has seen fit to order that you
be instructed to lay a formal complaint before the Department of
State on account of this unwarrantable violation of Mexican
territory, of the acts of violence and cruelty committed, both in
[Page 459]
and out of that
territory, on the person of Jesus Garcia, and also of the wholly
illegal arrest of that Mexican citizen. You will, moreover, ask that
a suitable indemnity be paid to the complainant, and that Deputy
Sheriff Roberts and his accomplices in the United States receive
proper punishment.
The President has further directed me to instruct you to take this
opportunity to call the serious attention of the Department of State
to the frequency with which violations of the territory of Mexico
are repeated by U. S. officers, in which connection you may refer to
the recent case of the invasion by Texas rangers, who advanced as
far as the town of Tres Jacales, in the State of Chihuahua, for the
purpose of apprehending Jesus Holguin. These rangers, on meeting
with resistance, occupied the houses of various residents in order
to sustain a combat in which, although Capt. Frank Jones, of the
rangers, lost his life, Holguin and one of his sons were wounded,
great scandal being thereby caused, together with much injury to the
inhabitants of the houses occupied.
Such invasions deserve severe punishment, and Mexico has been
inflexible in enforcing her laws in the case of those of her
citizens who have been concerned in them. They might give rise to
very serious conflicts, as was on the point of happening at Tres
Jacales, when quite large numbers of citizens of Texas and Chihuahua
were preparing for a fight, the consequences of which would have
been lamentable.
The documents which I herewith transmit are the following copies:
Note No. 3, dated July 26, from the consul of Mexico at Nogales,
Ariz. Warrant issued on the 24th July, by Justice Sykes, authorizing
Deputy Sheriff Roberts to arrest Jesus Garcia, who had been arrested
on the 23d. Docket of the court, and sentence of Garcia. Order for
Garcia’s release. Judicial inquiry held at Nogales, Sonora, relative
to the arrest of the aforesaid Garcia. Letter from Garcia, asking
that he may receive a pecuniary indemnity, and that the guilty
parties may be punished.
I renew to you, etc.,
[Sub-inclosure.]
Señor Pasalagua
to Señor Mariscal.
Consulate of the United States of Mexico,
Nogales Ariz., July 26, 1893.
No. 3.]I have the honor to inform you that on Sunday last, the 23d of July,
between 5 and 6 o’clock in the afternoon, John Roberts, deputy
sheriff at Nogales, Ariz., accompanied at his own request by Alfonso
Bachelier, an American citizen, crossed the boundary line in pursuit
of Jesus Garcia, a Mexican, and after having cruelly beaten him,
they arrested him at Nogales, Sonora, within a few steps of boundary
monument No. 122. As soon as they had the aforesaid Jesus Garcia in
their power, they recrossed to the United States, taking him to the
jail at Nogales, Ariz. While they were making that arrest in our
territory, Miguel Braka, who was present, told Deputy Sheriff
Roberts that he was committing an illegal act, and that he was
incurring very grave responsibility by so doing; but Roberts paid no
attention to his warning. When they had reached the territory of the
United States and were taking Jesus Garcia to prison, Roberts,
Bachelier, and another American named William Mehan, who had joined
them, kept beating Garcia cruelly.
Jesus Garcia was arrested for some trifling offenses which he had
committed at Nogales, Ariz., and he was pursued on that account.
As soon as I heard of the occnrrence, which caused great indignation
on both sides of the frontier, I addressed a communication to the
municipal president of Nogales, Sonora, requesting him to furnish
official data with proof, relative to the invasion.
The local judge of Nogales, Sonora, at once began an inquiry with
regard to the occurrence, and took the depositions of a number of
witnesses, some of whom were Mexicans and others Americans.
Jesus Garcia, the prisoner, was tried before Eugene K. Sykes, the
American justice of the peace, on Monday last, the 24th instant. I
went to court, together with an American lawyer named Eb. Williams,
a respectable and intelligent person, for whose assistance I applied
in view of the urgent and delicate nature of the case. Both my
lawyer and I protested before the justice on account of that
unwarrantable arrest. The justice paid no attention to our protests,
and Jesus Garcia was immediately sentenced to be imprisoned for
sixty days for the offenses which he had committed, and for
resisting an officer.
Mr. Williams, the lawyer, advised me to address the district judge at
Tucson without delay, asking for a writ of habeas
corpus in the prisoner’s behalf, and we were about to take
that course when yesterday, Tuesday, the 25th, at 9 o’clock, a.m., I
was summoned to the court on important business. Justice Sykes told
me, on my arrival,
[Page 460]
that he
considered that Garcia had been legally and properly arrested, hut
that, as a special favor to Mexico, and owing to the bad effect
which that arrest had had, he was going to release Garcia. I
protested, telling the justice that he was doing no favor to Mexico
by releasing Garcia, inasmuch as his arrest had been wholly illegal
and arbitrary. Jesus Garcia was immediately surrendered to me and I,
in person, accompanied by Lawyer Williams, took him to Nogales,
Sonora.
I consider that my mission terminates here, for I do not think that
it is any part of my duty to apply to the American authorities for
the punishment of Deputy Sheriff Roberts; such a demand, in case it
is made, should be made by the Department under your worthy
charge.
On the 24th instant, in the afternoon, I addressed a long telegram to
you, giving a report of the case. Yesterday, the 24th, I informed
you likewise by telegraph that Garcia had been released.
My inclosure No. 1 is an official copy of all that has been done in
this case by Justice of the Peace Sykes.
Inclosure No. 2 is a communication addressed to this consulate by
Jesus Garcia, wherein he asks for an indemnity from Sheriff Roberts
for the injuries suffered by him in consequence of his illegal
arrest and of the bad usage which he received. His claim is, in my
opinion, a very good one.
My inclosure No. 3 is an official copy of the preliminary proceedings
held in this case by the justice of the peace at Nogales, Sonora, in
which you will find a full statement of all the particulars
connected with the matter which forms the subject of this note,
which matter is, in my opinion, of the highest importance, and I do
not doubt that the Government at Washington will cause the guilty
parties to be punished as they deserve as soon as it is informed
concerning the facts.
[Inclosure 1 in
sub-inclosure.]
In the justice’s court. Precinct No. 18, county of Pima, Territory
of Arizona.
| Territory of Arizona, |
} |
Complaint—criminal. |
| against |
| Jesus Garcia. |
Before Eug. K. Sykes, J. P.:
Personally appeared before me, this 24th day of July, 1893, John
Roberts, of Nogales, in the county of Pima, who, first being duly
sworn, complains and says that one Jesus Garcia, on the 23d day of
July, A. D. 1893, at Nogales, in the county of Pima, did commit a
misdemeanor by disturbing the peace by disorderly conduct in
fighting.
All of which is contrary to the form of the statute in such cases
made and provided, and against the peace of the people of the
Territory of Arizona.
Said complaint therefore prays that a warrant may be issued for the
arrest of the said Jesus Garcia, and that he may be dealt with
according to law.
Subscribed and sworn to before me, this 24th day of July,
1893.
Eug. K. Sykes,
Justice of the Peace of said
Precinct.
Territory of Arizona,
County of Pima.
I hereby certify that the within is a true and correct copy of
the complaint filed in my office in the case of Territory of
Arizona v. Jesus Garcia.
| Territory of Arizona |
} |
Disturbing the peace. |
| v. |
| Jesus Garcia. |
Complaint made by John Roberts, July 24, 1893; warrant of arrest
issued same day and placed in the hands of Deputy Sheriff John
Roberts. Defendant brought into court same day. The Mexican consul
appearing in court with his counsel, Eb. Williams, esq., on the part
of the Republic of Mexico, demands the discharge of the prisoner on
the ground that he is improperly before the court, because the said
defendant is a citizen of the Republic of Mexico, and was arrested
on the charge herein within the boundaries of the said Republic of
Mexico without authority of
[Page 461]
law. John Roberts, the officer making the arrest, was sworn, and
testified that he arrested the defendant in the United States; that
the defendant resisted arrest and broke away, and was rearrested by
him, the said John Roberts, on the line dividing the United States
from the Republic of Mexico. Motion for dismissal of defendant was
overruled. E. B. Houston was sworn as interpreter and so served.
Defendant, through his counsel, refused to plead. Deputy Sheriff John
Roberts testified for the Territory. The defendant produced no
witnesses for the defense, and waived time for passing judgment.
judgment.
Wherefore it is hereby ordered, adjudged, and decreed that the
defendant, Jesus Garcia, having proven guilty of disturbing the
peace, be fined in the sum of $60, or in default of the payment of
said fine, then to be imprisoned in the county sub-jail for a period
of sixty days.
And it is so ordered this 24th day of July, 1893.
commitment issued,
justice fees.
| To taking complaint |
$0.50 |
| To issued warrant |
1.00 |
| To docketing case |
.25 |
| To swearing interpreter |
.25 |
| To swearing witnesses |
.25 |
| To final judgement |
.75 |
| To issued commitment |
1.25 |
|
4.25 |
sheriff fees.
| To serving warrant |
$2.00 |
| To mileage |
.30 |
|
2.30 |
interpreter’s fees.
| To one day’s service |
$1.50 |
I hereby certify that the above is a true and correct copy of my
docket in the case of the Territory of Arizona v. Jesus Garcia.
And now comes Eb. Williams, attorney for Consul Pasalagua, this
25th day of July, 1893, who makes a motion that the court
reconsider the sentence imposed upon the above-named defendant.
The motion was granted, and the sheriff instructed to bring the
defendant into court, and also summon Consul Pasalagua. When the
defendant and Consul Pasalagua came into court, the court
delivered the following answer to motion of defendant’s
counsel:
A motion has been made by counsel for this defendant, asking that
a reconsideration of the sentence imposed be taken by the court.
The court has become aware of the fact that a good deal of
unnecessary feeling has been aroused over the arrest and
conviction of this defendant, and while the court is still of
the opinion that the officer did nothing but his duty, and that
the ruling of the court in the first instance was correct and
the sentence just, still the court is willing, under the
existing circumstances, to remit the balance of this defendant’s
sentence, and issue an order to the sheriff to release him. Our
relations with our sister Republic have always been pleasant,
and the court is grieved over the matter and hopes that the
release of the defendant will indicate that the feeling on our
side of the line is brotherly.
The balance of the defendant’s sentence is remitted, and
defendant released.
And it is so ordered this 25th day of July, 1893.
Eug. K. Sykes,
Justice of the
Peace.
I hereby certify that the above is a correct and true copy of the
supplement to my docket in case of Territory of Arizona v. Jesus Garcia.
Eug. K. Sykes,
Justice of the
Peace.
[Page 462]
[Inclosure 2 in
sub-inclosure.]
To the citizen consul of the
United States of Mexico, at Nogales, Ariz.:
I, Jesus Garcia, a Mexican citizen, respectfully inform you,
That on Sunday, the 23d instant, at about 5 o’clock p.m., I was
arrested in Mexican territory by Sheriff John Roberts, of Nogales,
Ariz., he being assisted by Alfonso Bachelier, an American citizen;
that the aforesaid sheriff took me to the jail at Nogales, Ariz.,
where I was kept in confinement until Tuesday, the 25th, at 9
o’clock in the morning; that on the way, from the time of my arrest
until we reached the jail, Sheriff Roberts, Alfonso Bachelier, and
William Mehan kept beating me. Alfonso Bachelier and William Mehan
assisted in my arrest at the request of Sheriff Roberts.
I therefore beg you to bring these facts to the notice of the
department of foreign relations of the Republic, to the end that it
may, in the usual manner, ask the U. S. Government that the guilty
parties may be punished, and that I may be indemnified by Sheriff
John Roberts for the blows, maltreatment, and illegal arrest to
which I was subjected, the amount of the indemnity which I claim
being $2,000.
I beg you, sir, to accept the assurance of my respect,
Florencio Vaga,
For Jesus Garcia.
Nogales
Ariz., July 30,
1893.
(Here follows copy of report of judical inquiry held at Nogales,
Sonora.)
