Mr. Hunter to Mr.
Hay.
Legation of the United States,
Guatemala and
Honduras,
Guatemala, June 30,
1900.
No. 398.]
Sir: Referring to Department’s instructions No.
251, of the 24th ultimo, relative to the Pears case, I have the honor to
inform you that in compliance with Department’s instructions No. 236, of
March 20, 1900, I addressed a note to the minister of foreign affairs on
April 9 last, in which I made demand on the Government of Honduras for
$10,000 gold and the punishment of the sentinel, Cruz Rosales, for the
shooting of Mr. Frank Pears, a copy of which is hereto attached. To this
the minister replied on the 5th instant, copy of which is hereto
attached.
In accordance with Department’s instructions No. 251, of the 24th ultimo,
referred to above, I telegraphed the minister of foreign affairs on the
15th instant relative to the matter, and on the 16th I received a reply
by wire, copies of which are hereto attached.
[Page 690]
Should the promised definite answer of the minister to my demand be
delayed, I shall again promptly call his attention to the subject and
keep the Department advised as to the progress of the case.
I have, etc.,
[Inclosure 1.]
Mr. Hunter to
Mr. Bonilla.
Legation of the United States,
Guatemala and
Honduras,
Guatemala, April 9,
1900.
Sir: Referring to the demand on the
Government of Honduras, made by me in my note of April 25, 1899, in
compliance with instructions from my Government, dated the 16th of
March preceding, for an indemnity of $10,000 in gold and the arrest
and punishment of the sentinel, Cruz Rosales, on account of the
murder by the latter, while on duty at San Pedro Sula, of Mr. Frank
Pears, an American citizen, I have the honor to inform your
excellency that I am in receipt of additional instructions, No. 236,
dated March 20, 1900, upon the subject, a copy of which I beg to
transmit herewith inclosed.
From these instructions, as also from those accompanying my former
note upon the subject, your excellency will see that my Government,
after a careful consideration of all the evidence and circumstances
in the case, has reached the following conclusions:
That Mr. Frank Pears was shot on the evening of January 31, 1899, by
the sentinel, Cruz Rosales; that when shot he was not fleeing, but
advancing toward said sentinel, in the full light of a street lamp,
and at a distance of 190 feet; that said sentinel, whether through
ignorance, malice, or in obedience to orders from his superiors,
acted in violence of article 41 of the military ordinance, and that
Mr. Pears was therefore unlawfully and intentionally slain; that
there are no extenuating circumstances to exculpate the sentinel or
lighten the responsibility of the Government, but, on the contrary,
martial law had given place to the civil régime; no attack was
feared, as the town was in a measure given up to festivities, and
Mr. Pears’s conduct gave no cause for suspicion; that the subsequent
trial and acquittal of Cruz Rosales by the military court reveal a
marked effort on the part of both the prosecuting attorney and the
attorney for the defense to acquit the accused sentinel, and that
the findings of that court can not be confided in, and show that
there has been no serious purpose on the part of the Honduranean
Government to punish either the sentinel or his superiors.
In view of the foregoing facts and conclusions which I now make known
to your excellency, my Government has decided to insist upon the
payment of the indemnity of $10,000 and the punishment of the
sentinel, for both of which I made demand on the Government of
Honduras in my note of April 25, 1899, and which I now insist upon,
in accordance with the instructions of my Government.
Trusting that I shall have the honor of receiving a prompt response
to this communication, I embrace this opportunity to renew to your
excellency the assurance of my most distinguished consideration.
[Inclosure 2.]
Mr. Bonilla to
Mr. Hunter.
Republic of Honduras,
Office of the Minister of
Foreign Affairs,
Tegucigalpa, June 5,
1900.
Mr. Minister: I had the honor of receiving
the last communication of your excellency relative to the claim
arising out of the violent death of the American citizen, Mr. Frank
S. Pears.
This matter being of sufficient importance, and with the object of
studying it in detail in order to obtain the best possible solution,
there has been appointed a commission of the most notable lawyers of
the Republic to give their opinion on it, and [Page 691] to propose the means of
arrangement which they may consider most in accordance with law and
justice, consulting at the same time the true interests of the
country and the desire which the Government has had and has to
cultivate the best relations of friendship with the Government of
the United States.
It is probable that said commission will give its report within a few
days, and then I shall have the honor of answering your said
dispatch, remitting at the same time a copy of the respective
report.
I ask your excellency, that, taking into consideration the reasons
set forth, you will please excuse the delay of a definite answer,
and I am, etc.,
[Inclosure 3.]
Mr. Hunter to
Mr. Bonilla.
[Telegram.]
Legation of the United States,
Guatemala, June 15, 1900.
In compliance with instructions from my Government relative to the
Pears case, I addressed a note to your excellency on the subject on
April 9 last, to which no reply has been received, not even an
acknowledgment of its receipt. I have received a dispatch from the
honorable Secretary of State, dated the 24th ultimo, making inquiry
if your excellency’s Government has made answer to my note. In view
of the foregoing I beg to ask that your excellency telegraph me when
I may expect your reply.
[Inclosure 4.]
Mr. Bonilla to
Mr. Hunter.
[Telegram.]
Tegucigalpa, June 16,
1900.
In answer to your excellency’s attentive telegram of yesterday, I
manifest to you that on the 5th instant I addressed a note to your
excellency from this office acknowledging the receipt of your last
note in regard to the Pears case, in which I said that it being of
sufficient importance and with the object of studying it in detail,
in order to reach the best solution, there has been named a
commission of the most eminent lawyers of the Republic in order that
they might give their opinion and propose the means of arrangement
most in accordance with law and justice, consulting at the same time
the true interests of the country and the desire to cultivate good
relations of friendship with the United States. I suppose that my
said note will soon arrive to your excellency, and I am happy to
manifest to you the hope that I may address you a definite answer by
next mail.
I am, etc.,
