Mr. Clayton to Mr.
Hay.
Embassy
of the United States,
Mexico, June 11,
1902.
No. 1413.]
Sir: Referring to Mr. McCreery’s No. 1357, of
the 16th ultimo, and inclosures, showing that Nathaniel F. Bonsall had
been sentenced to eight months’ imprisonment and that amparo proceedings
were instituted against the sentence, I have the honor to inclose copies
of a letter and its inclosure from the assistant general manager of the
Sonora Railway, stating that the amparo was denied by the supreme court
and that the sentence may be commuted to a fine of $250.
Mr. Naugle believes that Mr. Bonsall is innocent, and that the
proceedings before the judge of first instance were of a scandalous
nature, and that false testimony was manufactured and accepted by the
judge. He requests me to take the matter up with the Mexican
Government.
I inclose a copy of my letter informing Mr. Naugle that I have referred
the case to the Department.
I again call the Department’s attention to inclosure 2 in Mr. McCreery’s
No. 1357, showing that Mr. Bonsall has placed himself outside the
jurisdiction of the Mexican authorities by crossing the border into the
United States.
I await your instruction in the matter.
I have, etc.,
[Inclosure 1.]
Mr. Naugle to
Mr. Clayton.
Guaymas, Sonora, Mexico, June 4, 1902.
Dear Sir: Referring to my letter to you of
March 29 last, concerning the case of Conductor N. F. Bonsall, I beg
to inclose herewith translation of a letter received from Licentiate
Rafael Icaza, dated Mexico, May 16, from which you will see that Mr.
Bonsall was sentenced to eight months’ imprisonment, and that the
amparo which was asked for him from the supreme court has been
denied; also, that it is now proposed to have this sentence commuted
by a fine, which I understand will not amount to over $240 or $250
Mexican currency, and which this company is perfectly willing to
pay, so far as the money is concerned, and we are proceeding to
obtain and submit the certificate of Mr. Bonsall’s age, etc., as
requested.
We are convinced, however, that Mr. Bonsall is absolutely innocent of
any guilt whatever in connection with this alleged crime; and, while
there is no doubt whatever but what the supreme court desires to act
in absolute good faith, it would appear that their decision is based
on the proceedings of the judge of first instance at Magdalena, J.
Elias Gonzalez, and they evidently have no knowledge of the
scandalous manner in which this prejudiced and ignorant judge
conducted this case, manufacturing false testimony, etc., which has
seriously injured Conductor Bonsall, first, by badly affecting his
health on account of being imprisoned thirty-eight days without
being provided with the necessary comforts of life; second,
suffering the disgrace in the eyes of the public of being
imprisoned, and, finally, by being convicted and sentenced for eight
months’ imprisonment for something of which he is absolutely
innocent.
If you have this matter up with Minister Mariscal I beg you will
suggest to him the advisability of referring it to Governor Rafael
Izabel of the State of Sonora, who, I am sure, will advise the
minister that, owing to the scandalous conduct of this local judge
at Magdalena, J. Elias Gonzalez, he (the governor) was compelled to
dismiss him from his position, and without any solicitation on the
part of this company or its attorneys; and I further believe that he
will, although not fully cognizant of all the details of same,
certify from his general understanding of the case that he
[Page 811]
believes Conductor Bonsall
innocent of any wrongdoing in connection with this matter or of any
neglect of duty.
Mr. Bonsall is a man of good character, served in the Union Army
during the late war between the North and South, and holds an
honorable discharge. He is a thirty-third degree Mason and is
respected by all who know him. He has left Mexico with the
impression that he can not get justice from the courts of this
country. I do not think that Minister Mariscal or any of the other
good people of Mexico want such an impression to prevail, and think
that if it is properly placed before them Mr. Bonsall will receive
justice.
Will you kindly submit the matter to the minister and advise
results?
Thanking you in advance, I am, etc.,
J. A. Naugle,
Assistant General,
Manager.
[Subinclosure.—Translation.]
Mr. Icaza to
Mr. Naugle.
Dear Mr. Nauole: By my letter of the 22d of
January of the current year I notified you that Mr. Bonsall had been
sentenced by the magistrate of the third circuit court to suffer a
penalty of eight months’ imprisonment, and also notified you that
licentiate Viñas and myself were going to attempt the proceeding
known as habeas corpus in opposition to this sentence, and promised
to communicate to you the result of said appeal.
In compliance with this promise I beg to inform you that in spite of
the great efforts made on our part the said appeal has not been
successful, because although, as we already notified you, the
district judge of this capital, by his decision, sustained the
habeas corpus proceeding in favor of Mr. Bonsall in accordance with
our petition, yesterday the supreme court, by a majority vote of the
magistrates composing the same, overruled the judgment of the
district court, so that Mr. Bonsall has not been protected against
the sentence of the circuit court, but has hanging over him the
sentence of eight months’ imprisonment.
What we will now do in order to free him from having to suffer this
penalty is to apply to the department of justice, asking that it be
commuted by a fine. The basis of this petition is found in the
provisions of fraction 2 of article 241 of the penal code, according
to which recourse may be had to this commutation of sentence when
the person convicted through some circumstances (among which is that
of being over 60 years of age, which, we believe, is the case with
Mr. Bonsall) may not suffer the penalty of imprisonment.
However, in accordance with the law, w e shall have to accompany our
petition with proof of Mr. Bonsall’s being 60 years of age and this
proof you alone can furnish us, and so we ask you to send this as
soon as possible to Mr. Viñas’s office in this city. In our opinion
this evidence should consist of a certified copy of the civil record
of Mr. Bonsall’s birth or an affidavit of witnesses made before some
judge of the first instance at your place and attested by a notary
public, showing the testimony in due legal form, should be sent us,
or a copy certified to by the judge before whom said affidavit is
made might be sent.
Yours, truly,
[Inclosure 2.]
Mr. Clayton, to
Mr. Naugle.
Embassy of the United States,
Mexico, June 11, 1902.
Sir: I have to acknowledge the receipt of
your communication of the 4th instant, and inclosure, regarding the
case of Nathaniel F. Bonsall, which you desire me to bring to the
attention of the Mexican Government.
In view of the fact that this is a case which has been adjudicated by
the court of last resort, I have deemed it advisable to refer the
matter to the Department of State for such instruction as it may
deem fit to give.
Thanking you for your kind interest in the matter, and for the
information it conveys, I am, etc.,
