Mr. Coxe to Mr. Sherman.

No. 85.]

Sir: I have the honor to transmit herewith note and translation of same, dated March 11, 1897, received April 5 from Mr. E. Mendoza, secretary of the Dieta of the Republica Mayor, together with a copy (and translation thereof) of the opinion and judgment of the supreme court of justice of Honduras, rendered February 8, 1897, in the case of the persons charged with the murder of Charles W. Renton and other crimes referred to in Mr. Mendoza’s note.

On the 3d instant I received a telegram from Mr. Little, our consul at Tegucigalpa, which seems to announce the escape of Isert and Sand-ham, two of the defendants. As the latter part of the telegram seems to me blind, I send it herewith as received, together with a translation as it reads, and also inclose a translation of the latter part as I suppose it was intended to read, which would be accomplished by inserting, instead of the words “se ha podido,” the words “se ha hecho lo posible.” Since the receipt of this telegram I have made every possible effort to have it repeated, so that I could get the correct reading before the next mail; but as yet without success. As soon as 1 am informed on this point I will at once advise the Department.

I have, etc.,

Macgrane Coxe.
[Inclosure 1 in No. 85.—Translation.]

Mr. Mendoza to Mr. Pringle.

Sir: In conformity with instructions received from the Government of the State of Honduras, I have the honor to transmit to your honor an authenticated copy of the judgment pronounced by the supreme court of justice of the said State, under date of February 8 last past, in the case pending, for the investigation of the crimes of illegal imprisonment and assassination upon the person of Mr. Charles W. Renton, arson of his properties, wounding of Mr. John Johnstone, and the violent abduction of the wife of the late Renton.

With sentiments of the most high consideration, etc.,

E. Mendoza.
[Page 348]
[Subinclosure in No. 85.]

Having examined the case tried before the justice of the peace of Yriona, in the inquiry into the crimes of illegal detention and assassination committed on the person of Mr. Charles W. Renton, of arson committed on the property of said Renton, and of injury of a less grave nature inflicted on John Johnson, and of the forcible removal of the wife of Mr. Renton, who was also wounded, to the cape of Gracias a Dios:

Result: That the witness Zacarias Stephen declares that at the beginning of the year 1894, he being in the house of Mr. Renton, saw that there arrived Mr. Davve [probably should be Davve—Translator], Fernando Eude, Kittle, and Johnson, all armed, and after a few words of reconvention they discharged their rifles at Mr. Renton, who in turn fired on them, but without anyone being wounded on this occasion; that they having retired to the house of the company, Mr. Davve gave to the deponent a letter and an order that he go and bring Messrs. Sandham, Ysert, and Edgar Eude, who were in the “Cayo” in order to kill Mr. Renton; that these immediately started for “Brus Laguna” with the witness, and he retired to his house; that on the following day he returned to the house of Renton, but did not find the latter in it, but in that of Roberto, and with a wound caused by a ball from a firearm which entered his body from behind, through the short ribs, and then came out in front a little above the belly; that Renton was lying on a bed, guarded by Mr. Davve, Kittle, Fernando and Edgar Eude, Ysert, Sandham; and Kittle, Ysert, Fernando and Edgar Eude set fire to the house which Mr. Renton had in Brus Laguna, having previously removed all the furniture, boards, wood roofing, cattle and deerskins, a stone for sharpening tools, and all that could be utilized, and they took same to “Cayo,” where many of these articles remain; everything else that they could not take away they burned.

Result: That the witness Cuca declares that on the morning of one day of the year 1894, she heard three shots of rifles, which were discharged by Mr. J. Grosvenor Davve, Kittle, P. Johnson, Fernando, Sandham, Edgar Eude, and Isaac (sic, probably Ysert), from a mango tree which is in front of the house of Pascal Ordonez, aimed at the house of Mr. Renton; that after the last discharge the seven individuals entered the house of Mr. Renton, from which they took as prisoners himself, Mrs. Renton, Alfonso Lacayo, and an aged man, English or American, and also a little girl that the said Mrs. Renton had; that of these five prisoners Mr. Renton and Mrs. Renton were wounded, the former beside the left teat and the latter on the back of the left hand; that Renton, his wife, the little girl, and Lacayo, were led to the house of Ysist Cruz, there remaining as guards at the door of said house, with their rifles, Kittle, Sandham, Fernando, and Johnson, Mr. Davve, Isaac, and Eude, having entered together with the said prisoners; that about 12 o’clock in the day Davve and Isaac went to “Cayo,” taking with them the Englishman whom they took with Renton, and the others remained at their posts; that at 6 o’clock in the evening Edgar Eude led Mrs. Renton out in order to embark her, together with the little girl and Alfonso Lacayo, taking with them as seamen Tinglas, Damaso, Robert, and Williams, and all of these embarked, going in the direction of “Patuca,” Mrs. Renton having been compelled to do so by force, Messrs. Fernando, Kittle, Sandham, and Johnson having remained behind to guard Mr. Renton; that with regard to his wife, she learned from Tinglas that she had arrived at Patuca about 2 o’clock in the morning, and that the witness saw from her house that from the residence of Mr. Renton there issued smoke on all sides, but did not know who set it on fire.

Result: That the declaration of the witnesses Roberto, Maria W. Valeroso, Lucrica Mayren and others were taken, as well as the examinations of the individuals Davve, Ysert, Sandham, and Edgar Eude.

Result: That the experts Luis Refsman and Vertin Canales, in virtue of the declarations taken at the initial proceedings, asserted that the wound of Mr. Charles W. Renton, in accordance with the indications as to its location, and the weapon used in inflicting it, is believed by them to be dangerous, without being able to determine whether or not same would cause his death, or within what time he would have recovered; that with regard to the wound suffered by Mr. John Johnson, they did not believe it dangerous, and that it could be cured in thirty days, leaving a cicatrice; and they supposed that that of Mrs. Renton was slight and they believed she would recover from it in eight or ten days, adding that the wound of Mr. Renton not being mortal, he should recover from it within thirty days under medical treatment.

Result: That the experts Gregorio Torres and William Webb estimated the value of the following articles: The house of Mr. Renton at $1,700; pasture land, partly wire fenced and the remainder with natural fence, at $2,000; a cocoa plantation, containing 1,820 trees, in poor condition; at $3,000; 2 saddle mules at $200; an iron [Page 349] stove at $32; a sewing machine at $35; 4 boxes lined with zinc, 2 large and the other 2 small, at $20 the former, and $12 the latter; 4 chairs at $12; 2 Winchester rifles at $80, and 1 double-barreled gun at $22; 1 grindstone at $8, and 3 dogs at $20; the sum total being $5,471.

Result: That the investigation having been closed the judge, under date of the 2d of June, 1895, decreed sentence of imprisonment on Arturo Ysert, Grosvenor Davve, A. J. Sandham, J. J. Kittle, Phillips Johnson, and Fernando and Edgar Eude for the crime of assassination committed on the person of Mr. Charles W. Renton; for setting fire to his house, which is situated on the outskirts of the village of Brus Laguna; for the wounds inflicted on John Johnson, and with the exception of Mr. Davve, for the offenses of illegal detention and forcible removal of the person of Mrs. Renton from this territory to that of Nicaragua.

Result: That the case having been carried to the court of the district of Trujillo it was set down for a full hearing, and after receiving all the evidence offered by the defense it was submitted to the jury, which declared proved the following facts:

1.
That on the 15th of March, 1894, with their firearms, Grosvenor Davve and Fernando Eude exchanged shots with Renton.
2.
That on the 16th of the same month Charles W. Renton, his wife, and servant Johnson were wounded by projectiles from firearms in Brus Laguna.
3.
That on the same date the house which belonged to Renton in Brus Laguna was set on fire.
4.
That on the same 16th of March, with their firearms, Grosvenor Davve, Fernando and Edgar Eude, Arthur Ysert, Arthur Sandham, J. J. Kittle, and Phillips Johnson shot at Mr. Renton.
5.
That at Brus Laguna, on the date mentioned, Renton was detained and guarded in the house of Ysis Cruz.
6.
That Grosvenor Davve, Fernando and Edgar Eude, Arthur Sandham, Arthur Ysert, J. Kittle, and Phillips Johnson detained and guarded Renton in the house of Ysis Cruz.
7.
That Grosvenor Davve, Fernando and Edgar Eude, Arthur Sandham, Arthur Ysert, J. Kittle, and Phillips Johnson burned the house of Renton.
8.
That Edgar Eude forcibly led Mrs. Renton up along the coast, in the direction of Cape Gracias.
9.
That Fernando Eude removed from the house of Renton several articles belonging to the latter.
10.
That some of these articles were conveyed to Brenes Lagoon Wood Produce Company.
11.
That J. Kittle, Fernando Eude, and Arthur Ysert used the mules of Mr. Renton.
12.
That Edgar Eude, Grosvenor Davve, and Arthur Ysert (used Mr. Renton’s mules) have enjoyed an irreproachable reputation.
13.
That Edgar Eude and Arthur Sandham remained in Canon Island the 15fch of March, 1894.

Result: That the previous verdict was returned to the jury, in order that it might amplify same, on account of having omitted to propose some questions, and said tribunal answered:

1.
That it is proved that from the shots fired by Fernando and Edgar Eude, Arthur Sandham, Jesse Kittle, and Arthur Ysert at Charles W. Renton there resulted wounded the latter, his wife, and the servant Johnson.
2.
That it has not been proved who among the aggressors is the author of the wounds of Charles W. Renton, his wife, and servant Johnson.
3.
That it has not been proved that Charles W. Renton died from the result of the wound that he received on the 16th of March, 1894, at Brus Laguna.

Result: That on March 16, 1896, the judge of the district of Trujillo pronounced the decision which he considered in conformity with the merits of the findings, and there was lodged an appeal on behalf of the accused Davve, Ysert, Edgar Eude, Jesse Kittle, and Arthur Sandham.

Result: That the appeal being heard in due form the court of Comayagua rendered its judgment on the 31st of August, 1896, condemning Jesse Kittle and Arthur Sandham for the crime of illegal detention of the person of Mr. Charles W. Renton to imprisonment for a period of one year and six months; Grosvenor Davve, Edgar Eude, and Arthur Ysert to six months’ imprisonment for said offense; Kittle and Sandham for the crime of attempted homicide on the person of Mr. Renton to three years imprisonment, and Davve and Edgar Eude, and Ysert for the same crime to imprisonment for two years and six months; sentencing the said Kittle and Sandham for the crime of burning the house of Mr. Renton to imprisonment for five years, and Davve and Edgar Eude, as well as Ysert, for the offense mentioned to imprisonment for three years and eight months; said terms to be served consecutively in the prison of Trujillo, commencing with the heaviest; to pay for the curing of Mr. Charles W. Renton, and to supply food to himself and his family during the time that he may he incapacitated for work; to pay the costs and all losses and damages; [Page 350] to lose the arms with which they committed the crime, and all other accessories, and Kittle and Ysert were absolved from the crime of robbery. In the same sentence the judge at Trujillo is commanded to proceed, according to law, on account of the crimes of wounding less gravely John Johnson and the forcible removal of Mrs. Renton to Cape Gracias a Dios, which the jury in its verdict declared proved, and for which said functionary, in the appeal sentence, did not give judgment.

Result: That against the judgment of the court of appeals of Comayagua the representatives of the criminals interposed the plea of appeal, alleging the following infractions:

1.
That of article 397 of the Penal Code, of 150 and 984 of that of Civil Procedure, and the second of the jury law, because in the suit there are not recorded all the circumstances required for the existence of the offense of attempted homicide, and consequently the crime is not proved, because it is clear that the nature of Mr. Renton’s wound is not known, as the experts Luis Refsman and Yertin Canales did not see it; they did not personally examine it, as required by said article 984, and, therefore, their statements with regard to it, which were founded on the declaration of witnesses who assert having seen Mr. Renton wounded, have no legal value.
2.
That of the same article 984 of the Code of Procedure, because the arson is not proved, as the experts Gregorio Torres and William Webb merely examined the charred remains of a house after a lapse of much time, and they said nothing as to whether the burning occurred through fraud, through the negligence of some person, or by accident, judging from the traces that they found in the burned house referred to, to which is added that the jury declared as authors of the burning the accused, basing its finding on the evidence of a witness who contradicted himself, which constitutes a substantial nullity, though not in form, such as are treated of in article 47 of the jury law, for which reason the verdict mentioned should be set aside and the decree of the supreme court, No. 3, dated October, 1889, should be complied with.
3.
That of article 150 of the Code of Procedure, as the verdict of the jury should be declared void, on account of being contradictory in so far as the illegal detention of Renton in the house of Ysis Cruz, after being wounded, is concerned, it being declared at the same time that all the parties prosecuted were the authors of the burning, which, according to the sentence, occurred during the detention of Mr. Renton, and it is not possible for both deeds to have taken place simultaneously; this apart from the fact that the verdict is null also, because it has for a basis for considering established the detention the testimony of a witness which is void in substance, as demonstrated by the fact that Gregorio Torres de Manto, after having testified against the accused, acted as interpreter or translator of the declarations of the sambos Roberto, Cuca, Soris, and Valerosa, contrary to what is prescribed by article 315 of the Code of Procedure, there existing besides the circumstance that the simple sambo witnesses deserve little credit, because, in accordance with what is stated by Claudio Gren, ex-justice of peace of Yriona, on giving their testimony before him Cuca and Surcia Mayren, in the first hearing, which occurred in February, 1895, in making inquiry into the death of Mr. Renton, the burning of his house, and the wounding of Mrs. Renton and John Johnson, said witnesses declared that they knew nothing regarding these matters, because they were not present.
4.
That of article 134 of the constitution, because there has been reopened a judgment that had terminated, because the first proceedings instituted against the accused, which were favorable to them, were declared void, and there was instituted that which served as a basis for this judgment; because Mr. Leonardo Yrias, the captain of Yriona, requested and obtained from the judge of peace having charge of the case the delivery of said initiatory proceedings.
5.
That of decree No. 82, of the 6th of April, 1896, because there was omitted the recommendation of commutation solicited in favor of Davve, Eude, and Ysert, a commutation which they deserve; because the two first are merchants and the last is an engineer, all three being persons of good conduct, of laborious customs, and moral habits, and because in the crime for which they are judged passion influenced them more than depravity of mind, the solicitation having been presented to serve in case of their condemnation.

Result: The attorney-general (prosecuting attorney) was accordingly informed, and he is of the opinion that there is no ground for the appeal petitioned for;

Considering, that article 397 of the Penal Code consists of two parts, and it is not stated which of them is violated, and the petitioner, therefore, has not complied with what is stipulated in article 754 of the Code of Procedure regarding the statement of the specific and determined cause on which is founded the appeal;

Considering, that article 984 of the Code of Procedure literally says, “the State denies within its territory the existence of places of refuge where delinquents can obtain freedom from punishment for their crimes or a diminution of their sentences,” and that this legal disposition can not be violated in the sense of its relation to the nature of the crime, in which sense the petitioner cites it as infringed;

[Page 351]

Considering, that nothing can he said with regard to the violation of articles 150 of the Code of Procedure and 2 of the jury law, because that is alleged in an accessory manner to the other articles, which violation is not deducible from the reasons stated in the two preceding paragraphs;

Considering, that in regard to the crime of arson, the violation of article 984 of the Code of Procedure has not been proved, for the reason mentioned in the second paragraph (consideration) of this judgment, and that the nullity of the verdict of the jury obtains only in the cases clearly determined by the letter of the law, because the law does not in fact demand an account of the judges of the means by which they arrived at a conviction, nor does it prescribe rules for deducing the fullness and sufficiency of proof, and it only commands them to interrogate themselves and to seek sincerely in their consciences the impression that is produced in their minds by the proofs presented against and in defense of the accused;

Considering, that the judgment in question has been dictated in accordance with the merits of the case in respect to the illegal detention, notwithstanding what may be alleged regarding the nullity of the verdict of the jury, because to this point are applicable the same reasons expressed in the final part of the preceding paragraph, and, therefore, article 150 of the Code of Procedure has not been violated;

Considering that neither has article 134 of the political constitution been violated, because with the certification of the corresponding judgment it has not been proven that the initiatory proceedings, that might have remained closed, by being without result, were set aside in order to make inquiry into the same deeds to which this judgment refers;

Considering that the fact that the court of appeals overlooked the recommendation of commutation solicited in favor of the criminals Davve, Eude, and Ysert does not constitute the violation of the legislative decree of the 6th of April, 1896, because the disposition relative to that recommendation is within the power of the tribunal:

Therefore, the supreme court of justice, by a unanimous vote, and complying with articles 737, 738, 839, 750, 754, 760, and 762 of the code of procedure, declares inadmissible the appeal as based upon article 397 of the penal code, and there is no cause for appeal in respect to the remaining alleged infractions, and it decrees payment of the costs by the petitioner and the return of the antecedents to the tribunal whence they proceeded, with the respective certification.

Let it be communicated.

  • Ugarte.
  • Escobar.
  • Duran.
  • Maldonado.
  • Bonilla valle.
  • B. Zepeda.

Interlined: Three dogs, at $20. Wood. Valid.

Between parentheses: They used the mules of Mr. Renton, invalid.

It corresponds with its original.


Buenaventura Zepeda.

It is in conformity.


Cesar Bonilla.

(There is a seal of the department of government.)

It is in conformity.


E. Mendoza.

There is a seal, which says: “Office of Secretary of the Assembly of the Greater Republic, C. A.”

[Inclosure 2 in No. 85.—Translation.]

I have just received advice from the consular agent at Truxillo that on March 18, Isert and Sandham, defendants in the case of Renton, escaped.

The minister informs that nevertheless it has been possible to recapture them. Only Davve remains imprisoned.

W. M. Little.

Which is contradictory.

The minister informs me that nevertheless every possible effort is being made to recapture them. Only Davve remains imprisoned.

W. M. Little.

Which makes sense by the change suggested in my No. 85.