Dr. Thompson to Mr. Olney .

No. 385.]

Sir: Referring to my No. 338, of January 31, 1895, in regard to the killing of American seamen at Santa Catharina, I have the honor to inclose copy and translation of a note from this Government showing the efforts made by the authorities for the punishment of the guilty.

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.

I have, etc.,

Thos. L. Thompson
[Inclosure in No. 385.—Translation.]

Dr. Carvalho to Mr. Thompson .

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.,

Carlos de Carvalho