Legation of the United States,
Petropolis, July 18, 1895.
(Received Aug, 15.)
No. 385.]
Of the four soldiers originally charged with the crime one has been
acquitted and another is dead, thus leaving only two, who it appears
were convicted in the lower court but have taken an appeal, the result
of which is yet unknown. The authorities are apparently using all
diligence to secure a conviction, and I have no doubt but what the
result will be satisfactory.
[Inclosure in No.
385.—Translation.]
Dr. Carvalho to
Mr. Thompson.
Department for Foreign Affairs,
Rio de Janeiro, July 2, 1895.
In addition to my note No. 6 of December 31 last, permit me to bring
to the knowledge of Mr. Thomas L. Thompson, envoy extraordinary and
minister plenipotentiary of the United States of America, the result
of the efforts of the authorities of the State of Santa Catharina in
regard to the case of the three sailors belonging to the crew of the
schooner Isaiah K. Stetson.
From an investigation made by the police it appears that the attack
on the sailors Charles Jonsen, Ingvald Ramstad, and Fred Jensen, in
consequence of which two of them died, was made by the soldiers of
the seventh battalion of infantry, Durval Peixoto, Manoel Cerino,
Joao Galdino de Oleveiro, and Elias Torquato da Roza, who were
arrested last December. The State’s attorney proceeded against them
on February 21 of this year, but during the trial, at which six
witnesses were examined, it was shown that Elias Torquato da Roza
was innocent, and the
[Page 59]
judge,
after due diligence in ascertaining the truth, acquitted him and
decided that the other three had incurred the penalties provided for
in article 294, section 1, together with those in article 66,
section 3, of the penal code.
Recourse to the State supreme court from this judgment not having
been had, notice was served on the State’s attorney, who filed the
accusatory complaint on April 26 and June 25, was fixed by the judge
for the second session of the jury, at which should be tried only
Manoel Cerino and Joao Galdino de Oliveiro, Durval Peixoto having
died on May 3.
As soon as I am informed of the result of this trial I will inform
you.
I approve, etc.,
