Mr. McCreery to Mr.
Hay.
Embassy
of the United States,
Mexico, May 16,
1902.
No. 1357.]
Sir: Referring to the embassy’s No. 1274 of
February 21 last, forwarding a copy of the report of the third circuit
judge, showing that the case of Nathaniel F. Bonsall, who complained of
unreasonable delay in his trial, was being conducted in accordance with
law, I have the honor to inclose a copy of the ambassador’s letter to
the assistant general manager of the Sonora Railway inquiring the status
of the case.
I inclose a copy of Mr. Naugle’s reply, stating that Mr. Bonsall, being
afraid he might be imprisoned, went to Texas; and forwarding a
communication from Attorney Eduardo Viñas (copy herewith), stating that
the above-mentioned court sentenced Mr. Bonsall to eight months’
imprisonment and that amparo proceedings were instituted against the
sentence.
I have, etc.,
[Inclosure 1.]
Mr. Clayton to
Mr. Naugle, assistant general
manager Sonora Railway.
Embassy of the United States,
Mexico, March 20, 1902.
Sir. I write to inquire what has become of
the case of N. F. Bonsall.
Kindly inform me whether the case has been disposed of, and, if not,
what is its present status.
[Page 809]
I have not heard from Mr. Bonsall since December 28 last, when he
stated that he would advise me if anything came up whereby I could
assist him. Respectfully, yours,
[Inclosure 2.]
Mr. Naugle to
Mr. Clayton.
Guaymas, Sonora, Mexico, March 29, 1902.
Dear Sir: In reply to your letter of the
20th instant, I inclose herewith translation of a letter received
from our licentiate, Eduardo Viñas, dated Mexico, January 27 last,
which will give you the status of the Bonsall case.
Mr. Bonsall has been most outrageously treated in this matter, and I
am much disappointed in our failure to secure justice for him in the
higher courts of Mexico. The facts are that he was tried by a judge
of first instance who was a drunken, unmitigated scoundrel, and
created such a scandal over the affair that the State government put
him out of office without any request on our part. The district
judge at Nogales, being aware of this, absolved Bonsall from the
alleged crime; but it appears that the courts of Mexico are acting
on the testimony manufactured by the local judge of first instance
and have sentenced Mr. Bonsall to eight months’ imprisonment, which
is most unjust, as he is in no way responsible for the death of
Palomino, who jumped from the train while in motion, thereby losing
his life. You will note that Licentiate Viñas claims that he has
petitioned for amparo.
In the meantime, Mr. Bonsall, being afraid that he might be
imprisoned, has gone to Texas, and is there without employment,
practically without means, and feeling that he is unable to obtain
justice in the higher courts of Mexico.
If you can do anything to expedite his clearance I would appreciate
it very much.
Yours, truly,
J. A. Naugle,
Assistant General
Manager.
[Subinclosure.—Translation.]
Mr. Viñas to
Mr. Naugle.
Mexico, January 27,
1902.
My Dear Mr. Naugle: Inclosed herewith find
the sentence passed by the third circuit court in the case of Mr.
Bonsall.
As you may see by perusing same, the magistrate, taking into
consideration the remarks made by the defense, sets entirely aside
the slanderous statement made by the unfavorable witnesses, and
accepts as truthful the statements of the witnesses for the defense,
whereby Mr. Bonsall has been definitely declared not guilty of the
throwing of Antonio Palomino off the train while it was in motion, a
crime for which Licentiate Lombardo had asked the imposition of
eight years’ imprisonment upon him. Lombardo has also withdrawn the
grave accusation, and has reduced it to only charge against Mr.
Bonsall an offense of fault (delito de culpa).
The magistrate, however, did not come to the conclusion of
considering Mr. Bonsall not guilty, but considering him guilty of an
offense of fault, passed upon him a sentence of eight months in
prison, as you may read in the sentence. The said sentence, could be
commuted by some sort of a fine through the department of justice,
so that the case of Mr. Bonsall having to go to jail will not occur;
but as we aspire to have the courts recognize and declare that he is
not guilty we have petitioned for a habeas corpus (amparo) before
the proper federal courts, presenting a petition, of which I send
you a copy herewith.
I will keep you posted of whatever may happen in the case of the
habeas corpus referred to, remaining, meanwhile, etc.,
