Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1900
Mr. Hunter to Mr. Hay.
Guatemala and Honduras,
Guatemala, July 22, 1899.
Sir: In compliance with Department’s cable instructions of this date I have the honor to transmit herewith inclosed a copy of the correspondence of this legation with the minister of foreign affairs of Honduras relative to the Pears case, as follows:
My letter to minister of foreign affairs, marked 1; the minister of foreign affairs’ reply, marked 2; the chief justice’s report, marked 3; the minister of foreign affairs’ letter, marked 4; proceedings in trial of sentinel, marked 5.1
I have the honor to be, etc.,
Mr. Hunter to Mr. Bonilla.
Guatemala and Honduras,
Guatemala, April 25, 1899.
Sir: I have the honor to inform your excellency that I have received instructions from my Government relative to the murder of Mr. Frank Pears, an American citizen, by a sentinel in San Pedro, Honduras, on the evening of January 31, 1899, a copy of which I herewith transmit inclosed in order to fully advise your excellency of my Government’s reasons for demanding the punishment of the murderer and the indemnity to the relatives of Mr. Frank Pears.
Your excellency will observe, from the instructions referred to, that two high Government officials of the United States have made a thorough investigation of this unfortunate occurrence near the scene of the tragedy, and reported the result of their labors to Washington. On the facts thus obtained, so clearly set forth in the inclosed communication that comment by me is unnecessary, I have been directed to require of the Government of Honduras: First, the arrest and punishment of Cruz Rosales, the sentinel who wrongfully and illegally shot and killed Mr. Frank Pears, and second, the payment of an indemnity of $10,000 in gold, to be awarded to the relatives of Mr. Frank Pears.
Trusting that your excellency’s Government will promptly comply with these demands, and that I shall be honored by an early reply, I embrace this opportunity to renew to your excellency the assurance of my most distinguished consideration.
Mr. Bonilla to Mr. Hunter.
Office of Minister of Foreign Relations,
Tegucigalpa, June 5, 1899.
Mr. Minister: With considerable delay your excellency’s dispatch of April 25 ultimo, came to my hands, manifesting to me that you have received instructions from your Government relative to the assassination of Mr. Frank Pears, an American citizen, on the night of January 31, 1899; that you accompany a copy of those instructions in which are expressed the reasons which your Government has for asking the punishment of the assassin, and a pecuniary indemnity for the family of said Mr. Pears; and that you ask in a formal manner of the Government of Honduras: First, [Page 680] the arrest and punishment of Cruz Rosales, the sentinel who wrongfully killed Mr. Pears, and second, the payment of an indemnity of $10,000 gold, which will be given to the family of the deceased.
As the claim expressed has for its basis the report of Commander Logan, the officer in command of the ship Machias, belonging to the United States, and dated at Puerto Cortez the 21st of February of this year, I judge it indispensable to make a hurried narration of what happened, thereby making it possible to estimate whether there is or not any responsibility on the part of the Government of Honduras, and therefore whether the claim is well founded.
As soon as this Government had information of the unfortunate occurrence at San Pedro on the night of January 31, 1899, and although the work of reorganizing the administration had just then begun, a work necessarily difficult owing to the change of the personnel of the executive power, with a desire of showing the greatest interest for the protection of the foregoing who come to the country, and in order that the deed might be investigated with promptness and impartiality and the culprit judicially punished in case he be found to be such, commissioned the minister of justice, Mr. E. C. Fiallos, in order that he might constitute himself at San Pedro in company with the United States consul, Mr. F. R. Allison, for the purpose of bringing to light everything relative to the occurrence which is now the motive of the claim presented by your excellency.
Mr. Fiallos arrived at San Pedro on the 14th of February and in accord with Mr. Allison and with the commander of the Machias, Mr. Logan, tried to investigate the truth of the facts relating to the death of Mr. Pears.
In the investigation (summary) the declarations of all the witnesses present at the deed were taken and which are uniform in assuring that the sentinel, Cruz Rosales, fired the shot which caused the death of Mr. Pears, after the former kept silence, notwithstanding his being warned three times as the military ordinance requires.
Besides, Messrs. Allison and Logan had a knowledge of the telegrams and instructions which the military commander of San Pedro had received in order to maintain a vigilance of “Threatened Plaza” owing to the notorious state of alarm which existed in the village and to the advices which they had that an invasion was about to take place by the emigrants then on the frontier of Guatemala.
Mr. Fiallos also made known to the American commission the following facts: First, that a few days previous there had been discovered a plan of insubordination in the fortress where a considerable number of accused were inclosed in a place insecure, on account of which, extraordinary military precautions must be taken; second, that Mr. Pears had already resided in the country more than twenty days, a time more than sufficient to learn the customs of the locality, and that his brothers and other persons had warned him not to go out at night, because it was dangerous; third, that Mr. Pears, upon being warned by the sentinel, did not reply, notwithstanding that he already had sufficient knowledge of the language to make himself understood; fourth, that Mr. Pears was dressed in costume of common use on the coast, so that it was not possible to distinguish whether he was a foreigner or not; and fifth, that some minutes before the shot was fired by Cruz Rosales, others were heard fired by the other sentinels close by.
For the knowledge of your excellency I accompany an authorized copy of the report given by the minister of justice, who deduces the following conclusions: That the death of Mr. Pears was due merely to a misfortune greatly to be lamented; that the sentinel, Cruz Rosales, could and ought to have acted with more prudence, and therefore ought to be tried in conformity with the law; and that the deed can not justify a diplomatic claim, because the investigation is being carried out in accordance with prescribed laws, and it is not possible to allege a denial of justice since no one has appeared as an interested party accusing the author of the death of Mr. Pears, nor asking any indemnity.
I believe it proper to assure your excellency that in Honduras there is no prejudice against foreigners, as the many foreigners of different nationalities residing here can confirm; that the laws grant them the same civil rights as the natives; and that regarding the Pears family they have been rather favored by grants of valuable concessions. This demonstrates that there could not have been that evil intention and treachery which is required according to penal law in order that the crime of homicide be reputed as an assassination, being therefore improper the qualification given the death of Mr. Pears.
Regarding the punishment of the sentinel Cruz Rosales, I ought to manifest to your excellency that in the application of the laws when matters of a judicial character are being ventilated it is not possible for the executive power to exercise any action. Our constitution, like that of the United States of America, establishes the [Page 681] independence of the judicial power, and that separation of faculties is a guaranty of success in the order of administration, and, according to some authorities of public right, constitutes the first condition of every well-constituted government. For these reasons the executive power of Honduras has not been able nor can it apply of itself the punishment of the sentinel Cruz Rosales, and the only thing within its faculties is to endeavor to have the supposed culprit tried in order that he may be punished if the tribunals find sufficient ground. That has been done and Rosales has been imprisoned during the course of the trial.
A short time ago there came to this office an authorized copy of the process carried on by the proper judge, and because of its volume there has not been time to make a new copy to send to your excellency, but I will do so by next mail.
From the report from Mr. Fiallos, as well as from the proofs of the investigation, it appears plainly demonstrated that the superior authorities of San Pedro have proceeded impartially and without negligence or delay in the administration of justice, and this ex officio, because neither the family of Mr. Pears nor the consular agent of the United States has made any petition nor appeared as party to the case.
For such motives and in fulfillment of the instructions of the President of the Republic, I have the honor of manifesting to your excellency that the Government of Honduras, owing to the knowledge which it has of the facts verified, believes that responsibility can not be deduced against the State, inasmuch as they were not done by its order nor received its approval, and that in consequence the claim presented is not in order nor can it be accepted.
The Government of Honduras, being fully aware of the high criterion which guides the United States of America in these matters, trusts that the objections opposed to the claim to which I have referred will be attended and considered in the most friendly and favorable manner. This hope is also founded in the promise made to the consul of Honduras in New York, Mr. Bolet Peraza, who was at Washington the 4th of February last, and in a conference which he had with the Subsecretary of State, Dr. D. J. Hill, the latter assured him that the Government of the United States would treat the matter with all the consideration to which the Government and people of Honduras are entitled, to the end that the proof of the case be well established.
As Honduras has a diplomatic minister accredited in Guatemala with whom your excellency has treated this subject before, manifesting to him the good disposition with which you are animated in order to obtain a friendly and just solution of it, instructions are given him to follow the pending negotiation, not impending that this office treat also directly with your excellency.
I take this opportunity of renewing to your excellency, etc.,
Mr. Fiallos, minister of justice, to the minister of Honduras.
Office of Minister of Foreign Relations,
Tegucigalpa, March 4, 1899.
Mr. Minister: I have the honor of presenting to you the following report regarding the mission which you were pleased to confide to me the 9th of February last, of going, together with the United States consul, Mr. F. H. Allison, to investigate the facts relating to the death of the North American citizen, Mr. Frank S. Pears, which occurred at San Pedro Sula on the night of January 31 last.
We left this city on the 10th of the aforesaid month of February within twenty-four hours after having resolved upon my journey.
We arrived at San Pedro on the 14th at midnight, and as Consul Allison manifested to me that first of all he must speak with the commander of the North American gunboat Machias, anchored at Puerto Cortes, I accompanied him on the following morning to that port, as much in order to be continually with him in the investigation which we were going to make as also to present my respects to Commander Logan, who received me with the greatest courtesy.
On the same evening of the 15th I was informed that the commander of the Machias had also received instructions by cable from the Minister of the Navy of the United States to investigate the death of Mr. Pears, and in virtue thereof he would come with us to San Pedro on the morning of the 16th.
On the evening of the last-mentioned day we had our first conference at the house of the consular agent, Dr. T. M. Mitchell, where Mr. Logan and his secretary, Mr. [Page 682] Grant, had lodged, and where incidentally we all found ourselves together, including the consular agent, Alger, resident at Puerto Cortes, who assisted in the capacity of interpreter for Commander Logan.
I brought to mind the firm determination which animated the Government of Honduras to proceed with special care and rectitude in the investigation of the facts relative to the touching death of Mr. Pears, and I read the sheet of instructions which I carried from the President. At the same time Consul Allison manifested that he had instructions to constitute himself in that city with the same object, and Commander Logan showed a cablegram in which the Minister of the Navy, Mr. Long, ordered him to do the same, advising him also that there was fear regarding the safety of the property of the Honduras syndicate, without doubt by reason of the known threats of a new armed invasion over Honduras.
After a long exposition of the circumstances which occurred at the death of Mr. Pears, according to the opinion of his brother Benjamin, and of the consular agents, Mitchell and Alger, who had taken copies of the data and opinions upon the particulars, we passed to inspect the ground where the occurrence took place.
The accompanying plan shows the situation of the place where the sentinel was standing when he fired and that where Mr. Pears fell wounded, giving a distance between one and the other of 190 feet, according to the measure made by some Americans and confirmed by me after having counted the steps and heard the report of the military commander.
On the morning of the 17th we met again at the house of the consular agent, Dr. Mitchell, and proceeded to take knowledge of the proces (trial), for which I had to ask the summary of the military commander; and as a demonstration of the sincerity of the Government in the matter I caused it to be read integrally, converting it into English.
There figured in the proces the declarations of Col. Matias Gracias, native of Salvador, who was the officer on guard; of Capt. Manuel Moreno, also a native of Salvador; of Surg. Raymond Murillo, of San Pedro Sula; of Chief Marcos Contreras, of Omoa, and of Private Cruz Rosales, who was on guard as sentinel.
These declarations did not appear to be in accord with the opinion which the Americans there present had formed about the event in virtue of the explanations made in private by the wounded and of other declarations made before the consular agent, Dr. Mitchell, by the North Americans, T. S. Noran, John L. Agon, and James Henry Russell; they assured that the wounded said that he was alone, and upon hearing the warning had stopped (stood still), believing that by not advancing nothing would happen to him; and the declarations in possession of the consular agent were contradictory as regarding Messrs. Noran and Agon, who found themselves in a side street about 50 yards distant, to wit, that they had only heard two warnings before the shot was fired, and that they were made with an exceedingly short pause between the one and the other, and as regarding that of Mr. Russell, who was 30 yards (varas) distant, declaring that the warnings of the sentinel were three. Besides the consular agent manifested that he had taken some other declarations of a purely private character and which he had promised not to make use of; but being pressed to make known the principal points of those declarations without divulging the names, with the object of looking for other means of obtaining the useful data which they might contain for finding out the truth, it resulted that they furnished no light on the principal matter, and only referred to certain calumnious phrases which they pretended having heard some of the soldiers utter regarding foreigners.
In view of what was expressed, we discussed the manner of proceeding to the investigations which we were called upon to make later. The idea was first considered that the commission as a body should solicit and take the declarations of such persons as might be able to give information according to the knowledge possessed by the consular agent, who presented for that purpose a list of their names, among which figured some ladies and some soldiers, who on account of being dismissed were no longer in San Pedro; but, although I manifested my desire to accept that way, I had to observe that I considered it impracticable, because not being invested with sufficient authority we could neither oblige private persons to appear before us nor would the declarations thus obtained have any value. Attending such motives, I proposed that the consular agent should alone make such investigation as he might think proper, and that in view of those results and any other data which might be submitted to me, we would form a list of persons whose declarations the judge in charge of the summary might cause to be taken in legal form to be incorporated in the proces. In the meanwhile, in order to have established before the commission certain facts of importance which did not figure in the proces, but which exercised a great influence on observations which had immediately to be made on the report to be sent to the Government at Washington, I manifested to them the reasons which in [Page 683] those days had existed for maintaining in that city a vigilance of “threatened plaza” (plaza amenagada) although the state of siege had already ceased two days previous. I showed them the telegrams and instructions in possession of the commander of arms, which were amplified by explanations given by the commander himself regarding the notorious state of alarm which existed in city, and of the advices which he had received concerning the capture of spies on the frontier of Guatemala, etc.
Besides, with data furnished by said commander, I manifested before the commission the following facts: First, that a few days before a plan of insubordination in the fortress had been discovered, where some thirty were inclosed in a place quite insecure; second, that Mr. Frank Pears had been in the country some twenty days, a time more than sufficient to learn to what he must attend regarding the laws and customs which rule in the country; and not only was he advised by his brother Walter and the consular agent, Dr. Mitchell, that he must not go out at night because it was dangerous, but he already possessed sufficient knowledge of the Spanish language to make himself understood, as I demonstrated with a receipt written in his own handwriting to Col. Donoso Cubero; third, that Mr. Pears, on being notified by the sentinel after the call of silence for some motive or other, did not answer anything at all, while it is known that in that city where there are so many foreigners everyone answers “who lives?” as he pleases, without any accident having occurred before because of the answer; fourth, that Mr. Pears was dressed in a yellow suit, which foreigners and natives alike use very much on the coast, so that by reason of his dress it was not possible to distinguish whether he was a foreigner or not; fifth, that a few minutes before the shot was fired by the sentinel Cruz Rosales others had been heard made by the sentinel of another reserve situated to the south, which as was afterwards verified were aimed at an individual named Panfilo Reina, who came near the barracks and did not answer the warning which was given him according to the law.
When I had finished the exposition of the facts which proved the points which I have enunciated, I proposed to Messrs. Allison and Logan that, if we were to consign in writing the result of our conferences and investigations, to please state if they accepted those points, in order that afterwards we might occupy ourselves only in making clear before the judge others which might be found obscure or doubtful; but they responded that they did not believe they had the attribute of qualifying the certainty of any facts nor of signing any document in that sense, but that their mission was reduced to verifying what steps had been taken by the authorities of Honduras relative to the death of Mr. Pears, and in what way the process was going to be continued.
In virtue of which I assured them in the most complete manner possible that the investigations would be carried forward in conformity with the law, without delay of any kind, and that for the purpose of making clear the points not clearly established in the summary I would cause the judge of the case, by an indication of some of the parties declaring, to make to appear in this office, in order to hear their testimony, such persons as the consular agent might designate; which seemed to satisfy Messrs. Logan and Allison.
The principal points which, judging from the observations made by Commander Logan and the consuls, and upon which I myself find deficiency or obscurity in the summary, are the following: First, whether Mr. Pears was really accompanied or followed by two other individuals. Who were they, and at what distance were they found at the moment of the warning and firing? Second, whether these individuals fled upon hearing the warning of the sentinel, “thereby giving founded motive of suspicion” as says article 41 of the military ordinance, or whether they fled after the shot was fired by the sentinel, as appears consigned in the declarations which figure in the summary.
Another motive of displeasure on the part of Messrs. Pears and of various Americans resident in San Pedro consisted in that the judicial authority of criminal jurisdiction had not instituted the process which corresponds to a case of homicide committed in time of peace and on a person of civil class, pretending, on making that charge, that Mr. Benjamin Pears had denounced the deed by means of a note directed to the political governor, in which he asked that an investigation be ordered of the case, and insinuating, besides, that the testimony rendered by the officers and soldiers on duty could not be considered as good. That point was already debated when I arrived, and I believed it always capable of being sustained that the military authority was the one called to institute the process, on account of Pears’s death having proceeded from the act of a soldier in active service, and on the other hand, having commenced the military process immediately after the firing, the judicial authority could not have initiated at the same time another process upon the same facts.
Regarding the insinuation that the testimony of the military persons who declared [Page 684] could not be taken in evidence, I could only reject such a charge, adducing the argument that they were citizens as everybody else, and therefore merit equal faith, there being, “besides, in favor of their declarations the circumstances that they were the best prepared to witness the occurrence, as much on account of the place in which they were situated as because it was early in the evening, and because, being almost strangers to one another, there was no motive to induce them to falsify, exposing themselves thereby to grave consequences if they did so.
Besides what I have expounded I must mention the concrete charges which, in the course of our discussions, were expressed against the sentinel: First, that the distance at which he fired at Pears was excessive, according to the limit marked by the military ordinance; and, second, that granted the circumstances which characterized the deed the sentinel was not called upon to fire but advise the chief of the guard in order to cause Pears to be recognized. But in regard to the first point, the distance, according to article 41 of the military ordinance, is not fixed, because it speaks only of the immediate surroundings (in mediation) of the place where the sentinel is, so that the distance of 75 steps, at which Mr. Pears was wounded, can not be considered as excessive.
Article 47, which contains instructions for the sentinels in time of war, says they shall not permit any person to approach to within 40 or 50 steps, which reveals that distance is simply subject to the calculation of the sentinel; and at the same time that article seems rather to refer to the formalities which the members of the army are obliged to observe one with the other, and not to the precautions of a general rule, as is indicated by the sense of the preceding articles.
Regarding the second point, the commander of arms explained to me that the sentinel was situated in what, according to article 6, Title IX, of the garrison service, constitutes a closed reserve (retén cerrado), from which neither the chief of the guard nor the officer had authorization to come out.
Besides, let that be as it may, and resuming the present report, I believe that the death of Mr. Pears was due merely to a misfortune, which we Honduranians lament as his own countrymen; that there was no evil intention on the part of the sentinel; that he could and ought to have acted with greater prudence, and therefore must be subjected to the sentence which his conduct merits in the eyes of the tribunals which judge him in accordance with the law; that the death of Mr. Pears, although it caused great bitterness in the minds of his relatives and of foreigners in general, can not give place to a diplomatic claim, because the investigation is being made in accordance with the laws of the country; and even if these were badly applied, it would not be possible to allege denial of justice, as to date no one has appeared as party interested, accusing the person causing the death of Mr. Pears, nor asking justice or indemnity.
Before concluding I ought to establish, as an act of justice to Consul Allison, that in this delicate matter he has proceeded with entire circumspection and impartiality, without allowing himself to be surprised with the exaggerated reports and passionate observations with which many of the North Americans resident on that coast sought to lead him away from his criterion in the matter; and regarding my own conduct, I am convinced of having proceeded with the interest and good faith which you recommended to me.
I am, etc.,
Tegucigalpa, May 30, 1899.
It is correct:
[seal.] Ricardo Pineda, Subsecretary.
Mr. Bonilla to Mr. Hunter.
Tegucigalpa, June 30, 1899.
Mr. Minister: In compliance with the offer which I made to your excellency in my official communication of the 5th instant, I have the honor of sending you an authorized copy1 of the process carried on by the authorities of San Pedro Sula against the soldier Cruz Rosales, on account of the death of Mr. Francisco Pears.
A careful reading and study of that process makes one acquire in a clear and terminant manner the plain conviction of the truth in the matter, which truth demonstrates that the death of Mr. Pears was due to a mere accident, especially worthy of [Page 685] being lamented, inasmuch as it has given rise to a claim vexatious or this country; but in no sense was it due to a deliberate and ostensible intention of the soldier Cruz Rosales. The spirit of justice which has always distinguished the great American Republic will cause the matter to be viewed with the necessary calmness and impartiality, and will therefore cause to be comprehended that Honduras bears no blame whatever. Everything has been done in accordance with our laws. By them, even without petition of party, the extensive investigation has been carried on, a copy of which I now send you. The accused named his defender, the case was submitted to jury, and this tribunal absolved the accused, as your excellency will have occasion to see, in the above-cited process. Such verdict was hoped for by public opinion, and can not but be in accord with the conscience of every just and honorable person. The sentence of the judge, which appears on folio 89 of said process, has been sent to the court of appeals for its approval, and as soon as this honorable tribunal shall have emitted its definite decree I shall have the honor of transcribing it to your excellency for a better and clearer knowledge of the present subject.
I do not consider it superfluous here to remind your excellency of the argumentation concerning the inculpability of this country, which I adduced in my former official communication of the 5th instant. The true foundation of that argumentation is found in the process and in the report of Minister Fiallos, of which I have remitted to your excellency an authorized copy. Those documents, clear and irrefutable, manifest that Honduras is in every light without responsibility in the aforesaid claim.
Reiterating to your excellency the assurances, etc.,