Mr. Sherman to Mr. Woodford.

No. 75.]

Sir: Having further reference to instruction No. 72, of the 20th instant, and particularly to the inclosures therewith, I transmit for your information copy of a letter, dated the 19th instant, from the Secretary of the Treasury communicating a report of the surveyor of the port of New York touching the alleged filibustering expedition of the [Page 614] schooner Silver Heels. This is entirely confirmatory of the statements previously made showing that the men detailed at Pier 39, East River, to watch the Silver Heels were employed by the Spanish consul and acted under his advice and supervision.

Respectfully, yours,

John Sherman.
[Inclosure.]

Mr. Gage to Mr. Sherman.

Sir: I have the honor to transmit herewith a copy of a letter dated the 16th instant, from the collector of customs at New York, and of its inclosure, consisting of a report by the surveyor of customs at New York relative to the action taken October 21, 1897, at the port mentioned, to detain the schooner Silver Heels, and stating particularly that the men detailed at Pier 39, East River, were representatives of the Pinkerton Detective Agency, who were employed by the Spanish consul at New York and acted under his direction.

The surveyor reports that the expedition throughout was under the full charge and direction of the United States marshal, who informed the collector that he had had an extended conference with the United States attorney as to details.

A letter similar to this has been addressed to the Navy Department and to the Department of Justice.

Respectfully, yours,

L. J. Gage,
Secretary.
[Subinclosure No. 1.]

Hon. Lyman J. Gage,
Secretary of the Treasury, Washington, D. C.

Sir: In a personal conversation with you on Wednesday last you expressed a desire for a further report in regard to the Silver Heels matter, and also wished me to ascertain definitely for you who was assigned to watch the expedition at Pier 39, East River, New York City.

In pursuance of your request I have had the matter investigated, and beg to call your attention to the further report (inclosed) made to me by the honorable surveyor of the port, and to the fact stated therein that the men detailed at Pier 39, East River, were representatives of Pinkerton’s Detective Agency, who were employed by the Spanish consul at this port and acted under his direction.

Very respectfully, yours,

G. R. Bidwell, Collector.
[Subinclosure No. 2.]

The Collector of the Port.

Sir: In addition to my report of the 21st ultimo, in the matter of the filibustering expedition for Cuba from Pier 39, New York, and at your request, I beg to submit for your further information:

As previously stated, Assistant Secretary Spaulding’s telegram of advice and instruction was received at 2.30 p.m., and I at once directed the captain of the Chandler to hold both crew and cutter in readiness for immediate use. Immediately thereafter was visited by Mr. Augustus Noble Hand, who informed me that he was a member of the firm of Curtis, Mallet-Prevost & Colt, 30 Broad street, for whom he appeared as counsel in behalf of the Spanish consul. With him were Mr. David C. Thornhill and H. W. Bearce, who informed me that they both were assistant super [Page 615] intendents of the Pinkerton National Detective Agency, 57 Broadway. Mr. Hand, representing the Spanish consul, stated to me that he did not desire the vessel detained at dock, but seized after departure therefrom, and the inference I drew from this conversation, as related to this action, was that it required a combination of men and arms to constitute a filibustering expedition, and they wished to emphasize the situation by permitting actual departure with the two united and upon the water.

Mr. Hand and Mr. Thornhill stated to me that they proposed that the detective agency have the watching of the pier, and they would advise United States marshal promptly of the departure of the sloop. They seem most anxious that this part of the affair be left entirely to them, and it impressed me at the time that they felt first that there would be less chance of a failure if their own men were assigned to this particular duty, and second, that they feared their plan of allowing the vessel to leave the dock might be interfered with if this detail was in charge of a customs officer. I made the suggestion that the vessel could no doubt be detained at the dock, and that we might seek advice on this point from the United States district attorney. Mr. Hand objected to this, and stated unqualifiedly that they desired the vessel to be taken after she had left her berth, further stating that the details of the affair would be arranged with the United States district attorney and United States marshal. They took their departure, and I did not again see them until I met them upon the cutter at midnight, in company with the marshal and his deputies. I was subsequently advised by the United States district attorney by telephone to hold the cutter in readiness for the marshal, with whom he would arrange all the details of the affair. He further informed me that the sloop, no doubt having a coast license, could not be seized, and that we could only follow her.

I have since been informed by Mr. Bearce, of the detective agency, that it was arranged that Mr. Thornhill, one of the marshal’s men, and himself were detailed to arrest the captain and the mate. I was not informed as to the names of the detectives who were detailed to watch the pier and the sloop, and have since been advised that they have no record of who the men were, they being known only to Mr. Thornhill, who was directly in charge, and he has since been transferred to Boston, in charge of the agency there.

As to the manner of transmitting the information to the Barge Office as to the departure of sloop and tug, I beg to refer to my report of October 21. The expedition throughout was under the full charge and direction of the United States marshal, who informed me that he had had an extended conference with the United States district attorney as to details. As to their character I have no information except as evidenced by their subsequent action, and what was conveyed to me by Mr. Bearce, as before stated.

Respectfully, yours,

S. C. Craft, Surveyor.