Mr. Olney to Sir
Julian Pauncefote.
Department of State,
Washington, December 27,
1895.
No. 286.]
Excellency: On making inquiry since my
interview with you of this morning, I find that a letter relating to the
case of James Bain, purser
[Page 690]
of
the British steamship Engineer, which had not
been called to my attention, was received here on the 13th instant.
I take pleasure in inclosing a copy for your information.
I have the honor to be, with the highest consideration, Mr. Ambassador,
your most obedient servant,
[Inclosure in No. 286.]
Attorney-General of
Louisiana to Mr. Olney.
New
Orleans, December 10,
1895.
Sir: Your letter of November 14 to Governor
Foster has been referred to me for reply. I am unable to give you
exact information derived from the examination of witnesses; but
James Bain, purser of the British steamship Engineer, was shot during a labor riot on the levee, and I
remember that the report made at the time satisfied me that no one
intended to shoot him, but that he was struck by a shot fired at
laborers whom the rioters wished to prevent from working on the
levee.
I have sent out to the district attorney, but he does not know
anything about the merits of the case. The record shows that on
March 26 the grand jury returned into court indictments against six
different men for shooting Bain with intent to commit murder; that
they have been arraigned and pleaded not guilty, and no further
proceedings have been taken in these particular cases. The district
attorney sends me word, however, that Bain, the prosecuting witness,
is not here, and the case can not be tried in his absence.
There were quite a number of people indicted for offenses growing out
of the labor riot, and one case in which three men had been indicted
for murder was put on trial as a sort of test, and the jury failed
to agree. My information is that no further proceedings have been
taken. This does not signify any indisposition on the part of the
authorities to try these men, but cases of all grades and kinds
remain untried because they are not reached.
As my official duties do not require me to prosecute criminal cases
in the criminal court, and as the official adviser of the governor,
I was with him during the labor troubles and heard all the reports
brought in regarding the various occurrences during the trouble.
From my recollection from these reports, and from my knowledge of
the situation as well as the troubles which brought about the
rioting, I feel satisfied that Bain was not intentionally shot, but
was struck by a shot fired at other persons.
Yours, respectfully,
M. J. Cunningham,
Attorney-General
,
Per
P. A.
Simmon.
