I have been instructed by the Marquis of Salisbury to report on the
present position of Mr. Bain’s case, and I should be much obliged if you
would inform me how soon I may be favored with a reply to my urgent
representations on the subject.
[Inclosure.]
Mr. Bain to the
Marquis of Salisbury.
Liverpool, February 29,
1896.
My Lord: Referring to your communication of
the 18th of January, I respectfully desire to inform your lordship
of my arrival here from New Orleans, at which port I arrived on the
23d of January and left on the 1st instant.
On the 23d of January I was advised by the British consul to place
myself at the disposal of the local authorities should they require
me for examination, and immediately communicated with the mayor of
the city. He replied to the British consul that he had not been
officially advised from Washington and could not act.
On the 31st of January I received notice to appear before the
attorney-general (Cunningham) to arrange for a date for my
appearance as witness against the several men indicted for shooting
with intent to kill.
I was examined by the attorney-general, District Attorney Butler, and
Assistant Attorney Finney with regard to my injuries, losses, and
expenses, and if I was able to identify the person who shot me. I
stated that the first shot, striking me in the right orbit, blinded
me and felled me to the ground, and upon my recovering myself and
attempting to shelter from further attacks was shot down again and
lay insensible until the shooting was over, and rescued by the
officers of the steamship Engineer, thus
proving it quite impossible for me to recognize any of the rioters.
The attorney-general seemed surprised to learn that I had been shot
down again a second time, yet he thought I had been shot by
accident. He failed to see how I could have enemies among the men
working constantly at the Harrison Line steamers. I pointed out the
fact of several white men passing along the wharf repeatedly (after
the colored screwmen and longshoremen had been driven from their
work through fear of an attack on the 11th of March, the day
previous to the riot) and casting unfriendly looks at me and the six
men I had working with me receiving the cotton for the steamship Engineer.
There is no doubt that they looked upon me as an enemy to their cause
by my helping to continue the work on the wharf which they were
endeavoring to stop. I reminded them of the fact of the police staff
not making their appearance until after the shooting had been done
and leaving the ship and wharf insufficiently protected. They
admitted that had the police been there they would not have been
able to cope with the body of men reported to have joined the
rioters, yet he (the attorney-general) says that Governor Foster did
everything to avoid a riot. After my statement to the attorneys, and
my inability to identify the man who shot me, they considered it
unnecessary for my appearance as a witness.
The six men, police officers, who guarded the wharf and others
identified the man indicted, but witnesses came forth and made oath
that the accused were from the scene at the time of the occurrence;
thus ended the examination.
I respectfully ask if any decision in my case has yet been
communicated to your lordship by Sir J. Pauncefote?
I have, etc.,