Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 2, 1902
Mr. Hay to Senor Ojeda.
Washington- , December 12, 1902 .
Sir: Referring to your note of the 5th ultimo, complaining of the arrest of the master of the Spanish steamship Leonora and the searching of his vessel by the municipal police at Pensacola, I have the honor to inclose copy of a letter to the governor of Florida from the mayor of Pensacola stating the circumstances as reported to him.
Accept, etc.,
Mayor of Pensacola to the governor of Florida.
Pensacola, Fla. , December 5, 1902 .
Sir: In compliance with your request of date November 15, 1902, to investigate and report in re arrest of Captain Bustinza et al., of the Spanish steamship Leonora, I have the honor to return herewith said correspondence and to report from information received as follows: That on October 7, 1902, in the forenoon, a colored man by the name of Jackson reported at police headquarters that he, in company with several other colored men, had purchased a certain kind of intoxicating liquor, called “cognia,” from sailors of the said steamship, and that all hands became intoxicated; that said liquor was purchased on Sunday, 5th day of October, 1902; that while so intoxicated they laid down to sleep on Tarragona street wharf, to which said vessel was moored, and which was in the corporate limits of the city of Pensacola, and that one of them was robbed of $7 or more; that some of the liquor bought had been purchased through a colored man by the name of Nance from the sailors, who brought it down a ladder from the vessel to the wharf and delivered it to the said colored men, and for which they paid the sailors 50 cents per bottle; that immediately Deputy City Marshal Sanders and Special Officer Ray sought out this man Nance and arrested him. Warrants were procured for the arrest of the sailors, to wit: Jose Carnios, docketed as Toji Carman; Leonardo Rios, or Rio, and Manuel Arrana, who was mate on said vessel; that on said 7th day of October, about noon, in company with the colored man Nance and United States Deputy Marshal R. P. Wharton, the above-named officers of the city went to said vessel, stopped at the gangway, and asked for the captain of the ship. They were informed by the officer in charge of the vessel that the captain was absent from the vessel. They then informed said officer of the ship that they were officers of the city, showed their warrants, and explained to said officer that they had come for the arrest of the sailors above mentioned. The colored man Nance pointed out to the officers the three seamen. The officer in charge of the vessel instructed the seamen to get ready to go with said city officers, but requested the officers to defer the arrest of Mate Arrana, as he was engaged at the time tallying cargo being taken by said vessel, and to send for him later. The request of the chief officer of the ship was granted, and Arrana allowed to remain; and said Rios and Carman or Carnios were taken to police headquarters and locked up; that there was no protest nor objection made by the chief officer to the arrest of said sailors, but to the contrary they were notified to get ready and go with the police officers; that on the morning of October 8, 1902, the warrant for the arrest of Mate Manuel Arrana was placed in the hands of Police Officer Joseph Fondabilla to be executed (the said Fondabilla being able to speak the Spanish language), and who proceeded [Page 964] to execute same; that upon his arrival at said ship he requested to see the captain and waited about thirty minutes for him to appear; that he exhibited his warrant to the captain for the arrest of said Arrana, read it and explained it (in the Spanish language) to him; that the captain immediately became very angry and excited and told the officer that he would not permit him to take the man; that he did not recognize his authority to arrest him, and would not recognize any authority except that of the Spanish consul, and that of a United States officer; that he explained fully to the captain why the warrant was issued, and that he had the right to arrest said Arrana; that be again requested Captain Bustinza to allow him to take the man, which he refused to allow him to do, and would not point him out to said officer; that it is, I am informed, untrue that the officer threatened in any way to arrest the captain, but simply stated to the captain that he should allow him to have the man and not interfere with him in the discharge of his duty; that the captain persisted in his refusal and the officer left the vessel without making the arrest; that said Officer Fondabi 11a, upon his return to police headquarters, swore out a warrant against Captain Bustinza for opposing an officer in the discharge of his duty; that said warrants for the arrest of Captain Bustinza and Mate Arrana were then placed in the hands of officers James Reed and N. J. Sehmitz to be executed; that I am informed that it is untrue, as stated in the consul’s report, that the conversation, as detailed therein, with reference to the arrest of Captain Bustinza, between said officers and the vice-consul, at this port, occurred; that on the contrary Officer James Reed, in order not to give offense to anyone concerned, proceeded to the office of the Spanish vice-consul and explained to him that he had a warrant for the arrest of said Captain Bustinza and Mate Arrana; that it is true a note of about three lines, in Spanish, was handed to the officer to be delivered to Captain Bustinza, but Officer Reed, in company with Officer Schmitz, proceeded to said vessel and handed the note to the captain. The captain immediately called Mate Arrana and returned with Officer Reed to police headquarters; that upon their arrival at police headquarters the city marshal notified the station keeper not to require bond and sureties on same for appearance of Captain Bustinza before the police court to answer the charge; against him, but simply to permit the captain to sign his personal recognizance to appear at said court. This the said captain absolutely refused to do, whereupon the marshal explained the matter fully to the captain, and whom, the marshal informs me, appeared to understand, and in addition to the marshal’s explanation, Joseph Fondabilla and one Manuel Gonzales also explained to the captain, in Spanish, the matter, but he persisted in his refusal, and the warrant was executed, and said parties were locked up until court convened, which was a very short time thereafter; that it was explained, in Spanish, to said captain that they should deliver their valuables to the station keeper for safe-keeping, and which would be returned to them, and to which he made no objection. When the court, convened at 8.30 a.m. on said 8th day of October, the witnesses were called, and it appeared that one of the principal witnesses was absent, the officer having the subpoena for said witness having been unable to locate him in time for court.
It was then suggested that said cases be continued until the next morning, the 9th, but it appearing that the vessel was ready for clearance, the cases were not continued until the said time, as alleged in the report of the consul, but a recess was taken, in order to accommodate the captain and men, until 12 o’clock noon on the same day, and the captain and mate were allowed to go, upon their promise to return at said time, without bond; that between the hour of taking said recess and 12 o’clock on said date, the two sailors, Rios and Carman or Carnios, who were in jail, informed Officers Sanders and Ray that the negro Nance was mistaken in pointing them out as the parties who had sold liquor to him, but that the parties who had sold said liquor were the two firemen on said vessel, to wit, Enrique Garretta and Eduardo Barretta; that warrants were then procured for the arrest of said firemen, Garretta and Barretta; that Officers Sanders and Ray and Deputy United States Marshal R. P. Wharton then proceeded to the vessel for the arrest of said firemen. Upon arrival at the vessel the officers asked for the captain and were informed that he was absent, whereupon the chief officer in charge of the vessel was informed that they had warrants for the arrest of the two firemen. The said chief officer then notified the firemen to go with said officers to police headquarters, which they did and were locked up. At 12 o’clock m. Captain Bustinza appeared in court represented by Judge A. C. Blount, and the two seamen, Rios and Carman or Carnios, represented by Judge James R. Land rum. The two firemen, Garretta and Barretta, were not represented by counsel. The case of Captain Bustinza was first taken up upon the charge of opposing an officer in the discharge of his duty. Upon investigation of said charge it appeared that the opposition to said officer was merely by words and not physical force, and taking into consideration the excitable disposition of the Spanish captain, I discharged him. Upon an [Page 965] investigation of the charges against the other seamen, and on which the first two parties were arrested, to wit, Rios and Carman or Carnios, the said seamen, Rios and Carman or Carnios, testified that the two firemen, Garretta and Barretta, were the ones who had sold the liquor to the colored man Nance and others. The mate, Arrana, and seamen, Rios and Carman or Carnios, were discharged, and the two firemen, Garretta and Barretta, were found guilty and fined $100 each; that late in the afternoon of said day, to wit, the 8th of October, Judge Landrum approached me and said that the captain desired to know if I would reduce the fine on Garretta and Barretta, to which J replied that rather than see them detained here I would release them upon payment by the captain of $50 each; that I was informed later that the captain would not pay any fine for them. I am further informed that there was due Garretta and Barretta by said captain wages amounting to $50; that when said Garretta and Barretta were allowed to go with an officer to procure their clothing from said vessel the captain tried to coerce the said firemen to sign a paper acknowledging the receipt of said wages due them and releasing his vessel therefrom, claiming said amount as having been expended in attorney’s fees; and not having engaged counsel, and not having been represented by counsel at the trial, they refused to sign said paper. The said vessel sailed on October 9, and I am informed that nothing was paid to said firemen. I am informed that there was no discourtesy shown the captain, nor men, by any of the city’s officers, but that the arrests were made as above stated; that there was no search made of said vessel in any way, nor of her compartments.
I will state further that I know of no law or treaty requiring a permit from the Spanish consul in order to arrest seamen, under the circumstances set forth above and in the corporate limits of a city. However, I have instructed my officers, out of courtesy to the Spanish consul, to notify him, when such can be done conveniently, before executing warrants for arrest of persons on board of Spanish vessels.
In conclusion, I am informed that had this vessel remained here for a few hours longer, action would have been instituted by the United States authorities for violations of the United States revenue laws.
I might also state that the two firemen were released from custody, for good behavior, about one week after their conviction in the police court.
Respectfully,