Messrs. Goodrich, Deady & Goodrich to Mr. Gresham.

Sir: We have the honor to transmit herewith memorial, affidavits, etc., in the claim of Henry Lord and others, owners, master and crew of the schooner Henry Crosby, which was fired upon by soldiers of Santo Domingo in December, 1893.

We have a power of attorney to act for all the memorialists.

We beg to request immediate action for the redress of an insult to our flag, and of damages suffered by the memorialists.

Respectfully, yours,

Goodrich, Deady & Goodrich
.
[Inclosure.]

Memorial of Henry Lord et al.

Hon. Walter Q. Gresham,
Secretary of State.

Sir: Your memorialists, namely, Henry Lord, and Edward and Isaiah K. Stetson, executors and trustees of the estate of George Stetson, deceased; Edward Stetson and Sarah J. Stetson, trustees of the estate of Isaiah Stetson, deceased; Edward Stetson and Isaiah K. Stetson, copartners as E. &, I. K. Stetson; Edward B. Nealley, Delia E. Hinks, administratrix; Terence F. Cassidy, Henry Rollins, George Davenport, all of Bangor, Me.; George B. Hook, of Brewer, Me.; Abel F. Stubbs, of Brooklyn, N. Y.; Howard M. Baker and George D. Carver, copartners as Baker & Carver, and Henry Griswold, of New York City, are the owners of the schooner Henry Crosby; and your memorialist, Henry Lord, is the owner of a one-sixteenth part of said schooner, and is the managing owner thereof.

Your memorialist, Abel F. Stubbs, was the master of said schooner; your memorialist, W. H. Brooks, the first mate; Alexander Renney, the second mate; Julius Paul, steward, and George Derr, Charles Smith, A. E. Swenson, and John Janson, the seamen thereon.

All of your memorialists are citizens of the United States, except as stated in the annexed affidavits.

The said schooner Henry Crosby belongs to Brewer, Me. She was built there in the year 1884, and is 391 tons net register. She is valued at the sum of about $20,000.

On the 24th day of November, 1893, the schooner, with the foregoing crew on board, sailed from the port of New York with a cargo of railroad iron, lumber, bricks, a hoisting engine, and other cargo, from Messrs. Hugh Kelley & Co., consigned to John Hardy, at Azua, Santo Domingo. Neither the vessel nor any of the persons on board of her had ever been at the port of Azua before. The consignee of the cargo was the United States consular agent at the port of Azua. Before the schooner left the port of New York, Captain Stubbs made inquiries as to the location and character of the port of Azua, and was informed that the port bore northwest from Salinas Point. Accordingly, she was headed northwest, a flag for a pilot was get and kept flying, and at 1 o’clock on Saturday, the 9th of December, 1893, reached [Page 223]a place which corresponded with the description of Azua. The place was subsequently ascertained to be Old Azua, and not the port of Azua to which the vessel was consigned.

The vessel came to anchor about 400 yards from the shore, and laid at anchor there until Sunday noon, but was not visited by the customs officers, a pilot, nor any of the authorities. On Sunday at noon, Captain Stubbs sent the yawl boat in command of the first mate, William H. Brooks, and two sailors, Charles Smith and John Janson, to make inquiries as to whether the place was the port of Azua. Captain Stubbs directed the mate not to attempt to land, but to make inquiries from any person that he saw on the beach. The boat went to a point about 200 feet off the beach and stopped.

The schooner at this time lay headed about south, her stern being to the shore. Captain Stubbs stood on the quarter deck with his glass, watching the movements of the yawl boat. The United States flag was flying at the mizzen topmast of the schooner, as it had been since coming to anchor the day before. There were on the beach at that time some ten or twelve soldiers, and no other person, so far as could be discerned from the schooner or the yawl boat. The mate asked if the place was the port of Azua, and received the reply that it was. He thereupon turned his boat head off from shore and started to row back to the schooner. He had gotten perhaps 100 yards offshore, when from behind the bushes there came a large number of soldiers in uniform. They formed a file; there appeared to be an officer in command of them. They immediately fired upon the small boat, and continued to fire for some time, both at the small boat and at the schooner, until the small boat reached the schooner’s side and the men got on board. The mate, Brooks, was wounded in the thigh and the seaman, Smith, was also wounded in the thigh. Avery large number of shots was fired—at least several hundred. The officers and crew of the schooner were compelled to take refuge below decks.

Captain Stubbs took care of the wounded men, and afterwards obtained for them medical attendance when they reached Azua.

That same evening, Sunday, the 10th of December, a barge came alongside having on board a number of soldiers, and also a pilot sent by Captain Hardy, the consignee of the vessel. The soldiers remained on board until the vessel was moved the next day to Azua.

Captain Stubbs subsequently ascertained that the place where he first came to anchor was old Azua, and was not the port of Azua to which he was consigned. The port of Azua was about 10 miles away. At Azua the cargo was delivered.

William H. Brooks, the mate, was taken care of by Captain Stubbs on board, of the vessel. His wound consisted of a flesh wound in the left thigh. The ball struck the exterior of the thigh a few inches below the hip bone, striking the hip bone and glancing off. A severe injury to the hip bone was produced by the shot. Brooks was partially incapacitated for work for some six weeks after the injury and suffered a good deal of pain. He was attended by Captain Stubbs, who dressed his wound and took care of him.

The sailor, Smith, was struck also in the left thigh, the ball entering the under side of the thigh and coming out below the pelvis. The wound was some 17 inches long.

After the yawl boat came alongside of the schooner it was hoisted on deck with Smith in it, and Smith was then lifted out and carried into the cabin. There Captain Stubbs attended to him as best he could until medical attendance could be obtained. Captain Stubbs dressed the wound, and if it had not been for his prompt attention to it Smith would have undoubtedly bled to death. Medical attendance could not be procured until Monday afternoon at 4 o’clock, some twenty-eight hours after he was wounded. At that time Captain Stubbs obtained a doctor from Azua, who came on board and attended Smith. Subsequently Smith was carried to the town of Azua on a litter, some 4 miles from the place were the vessel was at anchor, and he was kept there until taken to New York. Smith up to the present time has not been able to work, and there is a likelihood of there being a permanent injury. He was not brought home by the schooner, but was sent home by a steamer from Azua by the United States consular agent.

After the vessel had partly discharged her cargo, and while she was lying at anchor off the port of Azua, the captain of the port came on board and demanded of Captain Stubbs that he go at once to Azua, that the president wished to see him. Captain Stubbs at first declined to go, and demanded of the port captain his authority from the President directing him to appear. The port captain replied that he had no letter, but the President had sent him personally to bring Captain Stubbs to Azua. Finally Captain Stubbs agreed to go, and proceeded on horseback to Azua. He first went to the office of Captain Hardy, the United States consular agent, and had a conversation with Captain Hardy’s clerk, who informed him that the President wished Captain Stubbs to go to the governor’s office and there sign a paper.

Captain Stubbs went with the interpreter of the consular agent’s office to the [Page 224]office of the governor. When they reached the governor’s office a paper written in Spanish was presented and Captain Stubbs was directed to sign it. Captain Stubbs twice declined, saying that he could not understand Spanish and was not willing to sign any paper written in that language. Upon his refusal the governor gave some order in Spanish, which was followed by a bugle signal, and immediately upon the giving of the signal soldiers to the number of 75 or 100 surrounded Captain Stubbs. Upon the appearance of the guard the interpreter said that he would go to the consular agent and bring him to the governor’s office. He was considerably alarmed at what was happening. When the consular agent appeared, he asked Captain Stubbs what was the matter. Captain Stubbs replied that he was asked to sign a paper written in Spanish, and that he was not willing to do so. Captain Hardy thereupon went into the governor’s room.

In the meanwhile the President had come and gone into the governor’s room. He called Captain Hardy in there and Captain Hardy went in. Captain Stubbs overheard a conversation in Spanish, the words of which he did not know, but from the manner of both the participants in the conversation there seemed to be considerable dispute between them. The conversation was carried on in an angry tone. Captain Hardy, after the conversation with the President was over, upheld Captain Stubbs in his refusal to sign the paper unless it should be interpreted into English and Captain Stubbs given a chance to examine it. Captain Stubbs and Mr. Hardy thereupon left the governor’s office without molestation.

On their return to the consular office what purported to be a translation of the paper was submitted to Captain Stubbs. It was an exoneration of the soldiers, the officers of the Government, and the Republic of Santo Domingo from all blame for the firing upon the vessel when at anchor off Azua. Captain Stubbs declined to sign it. Subsequently Captain Hardy was requested by the President to prepare a statement for Captain Stubbs to sign, stating that the vessel had come to anchor at Puerto Viejo by mistake for the port of Azua. That document Captain Stubbs signed.

By reason of the premises aforesaid the schooner was delayed at the port of Azua for two or three days. After she had taken in some forty tons of cargo she proceeded to the port of Macoris to take in sugar. When the schooner arrived there she was delayed for some twelve days by reason of her arriving later than the time at which she ought to have reported there, because of the arrival of the steamer which was loaded ahead of her, it being the custom of that port, as well as of other ports, to give steam vessels precedence over sailing vessels in loading or discharging.

George Hardy, the son of Captain Hardy, the consular agent at Azua, heard the soldiers who had fired upon the yawl boat boasting in Azua that they had killed three of the American sailors.

Annexed hereto are the affidavits in support of this memorial, and also a certificate of the physician at the marine hospital at New York, showing the condition of your memorialist, Smith, at the date of this memorial.

Your memorialists, by reason of the foregoing facts, have suffered indignities, insult, and some of them physical injury. The action of the soldiers of Santo Domingo was an outrage wholly without cause, and was an insult not only to the schooner and her crew, but to the flag. No blame of any sort is to be attached to your memorialists for the part they took in the affair, but the assault was entirely unprovoked and causeless.

Your memorialists, the owners of the vessel, were compelled to pay out various sums of money and suffer various items of loss, a statement of which is annexed hereto marked “Expenses incurred at Azua.”

Wherefore your memorialists respectfully pray that damages may be asked through the Department of State from the Government of Santo Domingo. Damages to the owners of the vessel in the amount of $5,000, in addition to the amounts stated in the statement hereto annexed and entitled “Expenses incurred at Azua;” damages to your memorialists, Brooks and Smith, each in the sum of $15,000; damages to your memorialist, Johanson, in the sum of $5,000; damages to your memorialist, Stubbs, in the sum of $5,000; damages to each of your memorialists, Renney, Derr, Paul, and Swenson, in the sum of $1,000 each.

And your memorialists will ever pray.

  • Henry Lord,
    Managing Owner.
  • Abel F. Stubbs.
  • William H. Brooks.
  • Charles Smith.
  • George Derr.
  • Julius Paul.
  • Alec. E. Swenson.
  • johan jansek.
[Page 225]
[Subinclosure 1.]

Deposition of William H. Brooks.

United States of America,
City, County, and State of New York, ss:

William H. Brooks, being duly sworn, says:

I am an American citizen, having been born at Papenburg, Germany, and came to this country when I was 17 years of age, and went to reside in Brooklyn, N. Y., where I have lived ever since. I am now 27 years of age. I took out my naturalization papers in the city of Brooklyn in 1889 or 1890. I have followed the sea ever since I was 13 years of age.

I was first mate on the schooner Henry Crosby on her last voyage from New York to Azua, Santo Domingo. We had aboard a cargo of railroad iron, bricks, lumber, machinery for sugar mill, and one small hoisting engine, spikes, and bolts, and other railroad material, and some spars on deck. The vessel was chartered to Hugh Kelley & Co., who loaded the lumber for the voyage in question.

We left New York about the 24th day of November, 1893, having on board the master, first and second mates, four seamen, and a cook. We arrived off Ocoa Bay, which is on the southern side of Santo Domingo, on or about the 8th of December, 1893, and going up the bay, anchored off the River Via, on which Azua is situated, on the 9th of December, about 1 o’clock in the afternoon, shore time. Our anchorage was about one-fourth of a mile from the shore in about 5 or 6 fathoms of water. The United States flag was set at the mizzen topmast on the morning of the 9th, at daylight, and also an American jack at the fore. These continued to be flying until sundown, when they were taken in. The next morning at sunrise we set the American ensign at the mizzen top, and it remained there every day during daylight as long as we remained at anchor.

About half past 11 a.m. on Sunday, the 10th, the captain ordered the mate and two seamen, Charles Smith and John Johnson to take the yawl boat and go toward the shore, where men were seen, for the purpose of inquiring whether that was the port of Azua. The captain directed me to go near enough to the shore to talk with the men, but not to go ashore. We got into the boat, pulled toward the shore, saw the men, and got to within about 150 feet of the shore. There were on the beach two men; I asked these men if that was the port of Azua. As near as I could understand them, they said yes. I don’t speak Spanish, but spoke to them in English. As soon as we got the answer that it was the port of Azua, we headed the boat for the schooner, and started to go toward her. I was sitting in the steering, my back being to the stern of the boat. Shortly after we started for the ship my men informed me that there were other men on the shore besides the two men; that 30 or 40 men came out of the bush and were getting ready to fire upon us, and a volley was fired at us. I and John Johnson laid down in the bottom of the boat, but the other man, Smith, continued to row. We had hardly laid down when the man that was rowing was struck with a shot and fell into the bottom of the boat; then I got up and took the oars and began to row. Almost immediately another bullet struck me on the left hip bone and glanced off, causing a wound. I continued to row, and got the wounded man aboard the ship. While I was rowing I saw all of the 30 or 40 men were shooting as rapidly as they could, and I heard the bullets whistling around me. This was while we were in a direct line between the men and the schooner, and many of the shots must have reached the schooner.

We remained at anchorage until the next morning at 8 o’clock. On Sunday night, however, a pilot came off in a boat with about fifteen soldiers, and came aboard the vessel and remained there all night. The next morning, Monday, about 4 o’clock, we got up our anchor under the instructions of the pilot and sailed to somewhere near a wharf, which is the landing wharf of the port of Azua, and we anchored about a quarter of a mile off that pier. We remained at that anchorage until about January 17, 1894, occupying that time in discharging our cargo by lighters to the wharf and in taking in a portion of our return cargo. Thence we went to Macoris, Santo Domingo, some 50 or 60 miles to the eastward of Ocoa Bay, where we took in the balance of our cargo, and sailed for New York, where we arrived on or about March 3, 1894.

After we arrived on board the schooner the captain dressed my wound, and after a while it healed; but it troubled me for some time, hindering me somewhat in my work aboard the vessel.

While I was lying in the bottom of the boat two or three bullets struck the boat, and one or some of them splintered the boat so that a lot of splinters and slivers of wood were driven into my left cheek, which were extracted by the captain after I [Page 226]got aboard the ship. These splinters covered the whole of my left cheek down to my collar, and there must have been 30 or 40 of them.

William H. Brooks.

Sworn to before me this 19th day of March, 1894.

[seal.]
Avery F. Cushman,
Notary Public, Kings County
.

(Certificate filed in New York County.)

[Subinclosure 2.]

Deposition of Charles Smith.

United States of America,
City, County, and State of New York, ss:

Charles Smith, being duly sworn, says:

I was born in Sweden and came to this country when I was 19 years of age. I am now 22 years of age and have followed the sea since I was 16 years old. I live at No. 19 Columbia street, Brooklyn, when I am in port.

I have read the affidavits of William H. Brooks and Alexander Renney, and declare that the contents thereof are true.

I was one of the men who went in the yawl boat of the schooner Crosby toward the shore for the purpose of making inquiries of the men whom we saw ashore. I was rowing the boat and after we had made inquiries of the men whether that was the port of Azua and started to return to the ship, I saw a number of men, I should think 30 or 40 of them, some of them in uniform and some without uniforms, but all of them with guns and knives, come out of the bushes on the shore and prepare to fire at us, which I told Mr. Brooks, the mate. I continued to row as hard as I could, but had not got very far when I was struck with a ball on the upper part of my left leg at the side, the ball going into the flesh and coming out behind, making an ugly and painful wound 17 inches long. I fell to the bottom of the boat and remained there until the boat got alongside of the schooner, when the boat was hoisted out with me in it, and I was taken out and put on the deck, and subsequently taken to the second mate’s room in the cabin, where I remained until the morning of the 12th of December, when I was taken on a stretcher and carried 4½ miles away to a private house at Azua, where I remained about fifty eight days, when I was sent to New York on the steamer State of Texas by Mr. Hardy, the United States consular agent.

While I was on the schooner my wound was attended to by Captain Stubbs, the master of the schooner, but I received no medical treatment until the afternoon of the 11th of December, when a doctor came and cared for me, and I also received medical treatment during the time that I remained ashore at Azua.

While I was on board of the steamer State of Texas, I had to dress my own wound and care for it with medicine that I received from the doctor at sea. I got no medical attendance until I arrived at New York, since which time I have been several times to Castle Garden, where my wound has been dressed by the doctor there.

My wound still troubles me. I am unable to work, and am suffering great pain with it.

Charles Smith.

Sworn to before me this 20th day of March, 1894.

[seal.]
Avery F. Cushman,
Notary Public Kings County
.

(Certificate filed in New York County.)

[Subinclosure 3.]

Deposition of Abel F. Stubbs.

United States of America, State of New York,
City and County of New York, ss:

Abel F. Stubbs, being duly sworn, says: I was born at North Buckport, Me., where I reside in the summer time, although my residence is in the city of Brooklyn. I am 56 years of age. I have followed the sea since I was 12 years old. I am master of the schooner Henry Crosby, and have been such ever since she was built in 1884, and am the owner of three-sixteenths of her. The schooner is about 391 tons net. She was built in Brewer, Me., and is owned by the following persons, all of whom are American citizens, viz:

Abel F. Stubbs (Of Brooklyn, N. Y.) Six thirty-seconds.
Henry Lord Two thirty-seconds.
[Page 227]George Stetson Four thirty-seconds.
Estate of Isaiah Stetson Four thirty-seconds.
Edward and Isaiah Stetson Four thirty-seconds.
Edwiard B. Nealley One sixty-fourth.
Delea E. Hinks (administratrix) One sixty-fourth.
Terance F. Cassidy One thirty-second.
Henry Rolins Two thirty-seconds.
George Davenport (All of Bangor, Me.) One thirty-second.
George B. Hook. (Of Brewer, Me.) One thirty-second.
Howard M. Baker and G. M. Carver Two thirty-seconds.
Henry Griswold (Of New York.) Four thirty-seconds.

In November last the schooner was chartered to Hugh Kelley & Co., for a voyage from New York to Azua, Santo Domingo, with a cargo of merchandise as stated in the affidavit of William H. Brooks, hereto attached. She was chartered to return to New York with a cargo of general merchandise from other ports in Santo Domingo. I have heard read the affidavit of William H. Brooks, and the facts therein stated give a general history of what transpired on the voyage and at Santo Domingo.

I have read the memorial to which this is attached and state that the same is true.

Abel F. Stubbs.

Sworn to before me this 19th day of March, 1894.

[seal.]
Avery F. Cushman,
Notary Public, Kings County
.

(Certified in New York County.)

[Subinclosure 4.]

Deposition of Julius Paul.

United States of America,
City, County, and State of New York, ss:

Julius Paul, being duly sworn, says: I was born in Germany and came to this country when I was 16 years of age. I am now 23 years of age. I have lived in Brooklyn and for a little while in Milwaukee. I was naturalized in the city of New York in 1893 and am an American citizen. I was cook on board of the schooner Henry Crosby on her last voyage, and I have heard read the affidavits of Mr. Brooks and Mr. Renney, and declare that the contents thereof are true.

Julius Paul.

Sworn to before me this 12th day of March, 1894.

Fred. Giblin,
Notary Public, Kings County
.

(Certificate filed in New York County.)

[Subinclosure 5.]

Deposition of George Derr.

United States of America,
City, County, and State of New York, ss:

George Derr, being duly sworn, says: I was born in Bremen, Germany, and came to this country when I was 14 years of age, and have, since that time, lived at the city of New York. I am now 24 years of age. I have followed the sea since I was 15 years of age.

I have heard read the foregoing affidavits of William H. Brooks and Alexander Renney, and declare that the contents of the same are true.

George Derr.

Sworn to before me this 12th day of March, 1894.

Fred’k Giblin,
Notary Public, Kings County
.

(Certificate filed in New York County.)

[Page 228]
[Subinclosure 6.]

Deposition of Alexander Penney.

United States of America,
City, County, and State of New York, ss:

Alexander Renney, being duly sworn, says: I have read the affidavit of Williams H. Brooks, mate, and declare that the same is true in all particulars. I was born at Riga, Russia, and came to this country when I was 13 years of age, and am now 34 years of age. I came to this country with my parents and went to Fryburg, Pa., to reside, and have lived there since that time.

While the yawl boat was coming back to the vessel repeated volleys were fired upon the schooner by the men from the shore. I could hear the balls whistling about my ears. I saw some of them which had struck portions of the vessel bound off and fall back into the water. I saw wounds on the vessel made by them and helped to pick out the balls. There must have been several hundred shots fired at the boat and the schooner. During all this time the American flag was flying from the schooner in plain sight, the wind being sufficient to keep it extended.

Alexander Renney.

Sworn to before me this 12th day of March, 1894.

Fred’k Giblin,
Notary Public Kings County
.

(Certificate filed in New York County.)

[Subinclosure 7.]

Deposition of Alex E. Swenson.

United States of America,
Southern district of New York, ss:

Alex E. Swenson, being duly sworn, says: I was born at Halsenburg, Sweden, and am 30 years old. I came to this country in 1887, and went to live in Brooklyn. I took out my first papers in May, 1893, but have not taken out my second papers.

I was an able seaman on the Henry Crosby. I have heard read the affidavits of Messrs. Renney and Brooks, and state that they are true to the best of my knowledge.

Alex E. Swenson.

Sworn to before me this 3d day of April, 1894.

Fred’k Giblin,
Notary Public Kings County
.

(Certificate filed in New York County.)

[Subinclosure 8.]

Deposition of Johan Janson.

United States of America,
Southern District of New York, ss:

Johan Janson, being duly sworn, says: I was born at Gothenburg, Sweden, and am 24 years old. I have never been naturalized.

I was in the yawl boat with Mr. Brooks and Smith. I have heard read their affidavits and Mr. Renney’s, and state that the same are true.

Johan Janson.


Fred’k Giblin,
Notary Public Kings County
.

(Certificate filed in New York County.)

[Subinclosure 9.]

Certificate of Dr. Athey.

To whom it may concern:

Charles Smith (aged 22 years, born in Sweden, seaman for past three years in United States merchant-marine service on board schooner Henry Crosby) has been for [Page 229]four times and is at present being treated at this office for a wound on hip, which wound, he states, was made by a rifle shot (or ball).

Treatment began the 3d day of March, 1894. Present condition does not warrant work, and it is impossible to state how long before recovery.

[seal.]
W. L. Athey, M. D.,
A. A. Surgeon, Marine-Hospital Service
.
[Subinclosure 10.]

Expenses incurred at Azua.

To amount paid doctor for medical attendance $143.00
To amount paid druggist for medicines 10.80
To amount paid for board 74.00
To amount paid men for carrying sailor 6.00
To mattresses, bedding, etc., destroyed 40.00
To amount paid extra labor at Azua 180.00
To amount paid board ten weeks and two days 51.45
To amount paid for labor and board at Macoris 48.00
To amount of expenses, Captain Stubbs, on account of Smith 25.00
To twelve days’ demurrage, at $40 per day 480.00
To amount paid Smith for one month’s extra pay 15.00
To damages to the small boat 30.00
To amount paid Hardy on account of Smith, sundry small expenses, medicine, medical attendance etc 29.64
Total 1,132.89