Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 7, 1903
Mr. Clayton to Mr. Hay.
Mexico, November 17, 1903.
Sir: Referring to the general subject of the failure of the Mexican authorities to arrest and bring to justice the murderers of American citizens in Mexico, as set forth in my dispatch No. 1945, of September last, I have the honor to report that under Department’s instruction No. 951, of September 19, 1903, I brought the matter to the attention of the Mexican Government in my note of the 3d ultimo, copy inclosed, in response to which I have received notes from the foreign office, copies and translations inclosed, dated as follows: In the case of Benjamin Y. Garcia, the 8th; two of the 17th and the 20th of October; of Victor Gerster, October 8; of Philip Nesdel, October 8 and November 6, and of J. W. Cullen, October 8; all of the present year.
On the 8th instant I addressed a note to Acting Secretary Algara, copy inclosed, acknowledging the receipt of his aforementioned notes, and adding to the four cases above referred to those of William Savage, John E. Week, and John S. Newman. The murderer of William Savage, although heretofore apprehended, has escaped from prison and is at large.
* * * * * * *
Awaiting its further instruction, I have, etc.,
Mr. Clayton to Mr. Algara.
Mexico, October 3, 1903.
Mr. Secretary: I am instructed by the Department of State to bring to the attention of your excellency cases where the Mexican authorities have failed to arrest and bring to trial murderers of American citizens, as follows: Benjamin Y. Garcia, killed June 18, 1898, by the Spaniard, Alfonso Entrambasaguas; Victor Gerster, killed about January 20, 1902, by the Mexican, Francisco Gallardo; J. W. Cullen, killed about September 1, 1902, by the American, R. H. McKinnis.
[Page 668]The Garcia murder was verbally brought by me to Mr. Mariscal’s attention on the 29th of September, 1898, at which time his excellency promised to exert his influence with the proper authorities for the prompt apprehension and trial of the accused. Having heard nothing further from Mr. Mariscal upon the subject, on the 9th of December, 1899, I again brought the matter to his attention by my note of that date.
The murder of Victor Gerster was brought to Mr. Mariscal’s attention by mv note of June 7, 1902.
The murder of J. W. Cullen was brought to Mr. Mariscal’s attention by my note of March 5, 1903.
I respectfully invite your excellency’s attention to the three aforesaid notes of this embassy and to the subsequent correspondence in each case.
In addition to the foregoing cases I am also instructed to again bring to the attention of your excellency’s Government the murder of Philip Nesdel, which took place October 2, 1902. This case was brought to the attention of Mr. Mariscal by my note of December 2, 1902, to which and the subsequent correspondence I respectfully invite your excellency’s attention. In this case it appears from the report of the governor of the State of Jalisco, made to the secretary of foreign affairs on December 16, 1902, and transmitted to this embassy with Mr. Mariscal’s note of December 22 of the same year, that Higinio Ayon, supposed to be one of the murderers of Nesdel, was arrested on the 15th of December, 1902, but I have not learned that the said Ayon has been brought to trial, nor that Porfirio Fregose, the other supposed murderer mentioned in the governor’s report as being pursued for the same crime, has been apprehended.
The Department of State, upon information received from this embassy, is impressed with the belief that the representations previously made by the embassy to your excellency’s Government in regard to these murders have been without effect. The Department has therefore instructed me to ask that efficient measures be taken to prosecute the murderers, which I now most respectfully and earnestly do.
I avail, etc.,
Mr. Algara to Mr. Clayton.
Mexico, October 8, 1903.
Mr. Ambassador: Referring to the note of the 3d instant, in which, by instruction of your Government, your excellency is pleased to urge the prosecution of the persons supposed to be guilty of the murder of certain American citizens in the Republic, I have the honor to say, in regard to the case of Benjamin Garcia, no later information than that which was communicated to your excellency on June 22 last has been received, but I have asked the governor of the federal district for another report, and requested him to give the proper orders to the end that the judge in charge of the case may direct that more active steps be taken to procure the arrest of the homicide in question.
I renew, etc.,
In the absence of the secretary, the subsecretary,
Mr. Algara to Mr. Clayton.
Mexico, October 17, 1903.
Mr. Ambassador: Referring to the note of the 3d instant, in which your excellency was pleased to ask lor information in regard to the prosecution of persons guilty of the murder of certain American citizens, I have the honor to transmit to your excellency herewith a copy of a communication addressed to me by the governor of the federal district in regard to the case of Benjamin Garcia.
I renew, etc.,
In the absence of the secretary, the subsecretary,
Governor of the federal district to the secretary for foreign affairs.
mexican republic. government of the federal district, section fifth, number 4848.
Notwithstanding the efforts of the police to procure the arrest of Alfonso Entrambasaguas, guilty of the murder of the American citizen Benjamin Garcia, it has not been effected, for the reason that, according to information received and already communicated to your Department, he has left the territory of the federal district, but the orders to the police have been repeated, and the judge of Tlalpam has been directed to take the measures indicated.
Mr. Algara to Mr. Clayton.
Mexico, October 17, 1903.
Mr. Ambassador: Referring to my other note of this date in regard to the case of Benjamin Garcia, I have the honor to transmit to your excellency herewith a copy of a communication addressed to me by the governor of the federal district, in which he copies a report of the judge of first instance of Tlalpam, upon the steps taken to procure the arrest of the supposed murderer of Garcia.
I renew, etc.,
In the absence of the secretary, the subsecretary,
Governor of the federal district to the secretary for foreign affairs.
mexican republic, government of the federal district.
The judge of first instance of Tlalpam, in communication of the 14th instant, says to this Government:
“Referring to your communication, No. 14706, in which you copy another from the department of foreign affairs, asking for a report in regard to the condition of the proceedings in the case of the murder of the American citizen Benjamin Garcia, and recommending that active efforts be made for the arrest of the criminal, I have the honor to say that every effort has been made, and that this court has done everything—absolutely everything—possible to procure the arrest of Alfonso Entrambasaguas, supposed to be the guilty party.
“In view of a note of the chargé d’affaires ad interim of the United States, of April 13 last, in which he said that he had been informed that the said Entrambasaguas was, under an assumed name, at or near Fierro del Toro, State of Morelos, engaged in farming and dealing in forage and zacaton, further orders of arrest were issued, and, among others, a requisition was sent by telegraph to the place indicated, and a written requisition was sent later, as is shown by the record. All else within the power of the undersigned himself and in conjunction with other authorities was done.
“If the just desires of the department of foreign affairs have not been accomplished it is not the fault of the undersigned, but because of absolutely unavoidable circumstances.
“Of all of which I have the honor to advise you, in order that you may be pleased to communicate the same to the department of foreign affairs, and I beg that you will assure it that I am truly desirous that prompt, full, and strict justice may be done in the matter.”
Which I have the honor to copy for you in reply to your communication of the 18th instant.
Renewing, etc.,
Mr. Algara to Mr. Clayton.
Mexico, October 20, 1903.
Mr. Ambassador: I have the honor to transmit herewith a copy of a communication addressed to me by the governor of the federal district, reporting that, notwithstanding the careful search by the police, the supposed murderer of Benjamin Garcia has not been captured; nevertheless the search will be continued, although it is believed that he is not in this country.
I renew, etc.,
In the absence of the secretary, the subsecretary,
Governor of the district to the secretary of foreign affairs.
mexican republic, government of the federal district, section fifth, number 4866
The inspector-general of police, on the 15th instant, reports to this Government as follows:
“The chief of the detective service, under date of yesterday, reports to this office as follows:
“‘Referring to circular No. 505 of the department, dated yesterday, in which it is ordered, by direction of the department of foreign affairs, that more active search be made for Alfonso Entrambasaguas, guilty of the murder of Benjamin Garcia, and that report be made upon the matter, I have the honor to say that notwithstanding the careful search made for the said Entrambasaguas he has not been found, and that information that he is not in this country has been received; nevertheless, the search will be continued.’”
I have the honor to copy the same for you, in reply to your communication upon the subject, and to assure you of my distinguished consideration.
Mr. Algara to Mr. Clayton.
Mexico, October 8, 1903.
Mr. Ambassador: Referring to the note of the 3d instant, in which, by instruction of your Government, your excellency is pleased to urge the prosecution of the persons supposed to be guilty of the murder of certain American citizens in the Republic, I have the honor to say, in regard to the case of Victor Gerster, that this department has received no later information than that which was communicated to your excellency on November 20 last; but I have asked the governor of the State of Chiapas for another report and requested him to issue the necessary orders to the end that the judge in charge of the case may press the measures taken to procure the arrest of the supposed murderer of Gerster.
I renew, etc.,
In the absence of the secretary, the subsecretary,
Mr. Algara to Mr. Clayton.
Mexico, October 8, 1903.
Mr. Ambassador: Referring to the note of the 3d instant, in which, by instruction of your Government, your excellency is pleased to urge the prosecution of the persons [Page 671] supposed to be guilty of the murder of certain American citizens in the Republic, I have the honor to say, in regard to the case of Philip Nesdel, that this department has received no later information than that which was communicated to your excellency on December 22 of last year; but I have asked the governor of the State of Jalisco for a further report, and I have requested him to direct that more active efforts be made to effect the arrest of one of the murderers of Nesdel who has not yet been captured.
I beg to renew, etc.,
In the absence of the secretary, the subsecretary,
Mr. Algara to Mr. Clayton.
Mexico, November 6, 1903.
Mr. Ambassador: Referring to my note of October 8 last, in which I informed your excellency that I had requested the governor of the state of Jalisco to direct that more active measures be taken to procure the arrest of one of the suspected murderers of Philip Nesdel, I have the honor to transmit to your excellency, herewith, a copy of a communication addressed to me by the said governor, in which he informs me of the present condition of the case.
I renew, etc.,
In the absence of the secretary, the subsecretary,
Governor of Jalisco to the secretary for foreign affairs.
mexican republic, government of the free and sovereign state of jalisco, section second, number 2570.
The citizen president of the supreme tribunal of justice of the State, in communication number 2255, informs this government as follows:
The judge of first instance of Mascota, in communication number 603, of the 22d instant, reports to the department of orders of this supreme tribunal as follows:
In reply to your note, number 1299, of the 15th instant, I have the honor to say that on October 22, 1902, Higinio Ayón was released because the evidence upon which his arrest was based did not show that he was an accomplice in the murder of the American citizen Philip Nesdel, and that on the 25th of the said month requisitions were issued for the arrest of Porfirio Fregoso, because of there being sufficient cause to proceed against him; up to this date the said requisitions have not been returned executed.
And by order of the said tribunal, I have the honor to inform you of the same in reply to your courteous communication, number 2192, of the 12th instant.
Which I have the honor to copy for you for your information, and in reply to your notes relating to the matter.
I renew, etc.,
- M. Ahumada.
- Juan L. Lomeli, Secretary.
Mr. Algara to Mr. Clayton.
Mexico; October 8, 1903.
Mr. Ambassador: Referring to the note of the 3d instant, in which, by instruction of your Government, your excellency is pleased to urge the prosecution of the persons supposed to be guilty of the murder of certain American citizens in the Republic, I have the honor to say, in regard to the case of J. W. Cullen, no later information has been received by this department than that which was communicated to your excellency on May 4 last, from which it appears that the governor of the State of [Page 672] Coahuila issued the necessary orders for the arrest of the author of the death of Cullen, without obtaining any result; but as the said governor believes that the suspect is in the United States, he said that he would apply for his extradition so soon as he is certainly informed that he has sought refuge in that country.
I renew, etc.,
In the absence of the secretary, the subsecretary,
Mr. Clayton to Mr. Algara.
Mexico, November 8, 1903.
Mr. Secretary: I have the honor to acknowledge the receipt of certain notes from your excellency, all in reply to my note of the 3d ultimo, relating to cases where the Mexican authorities have failed to arrest and bring to trial murderers of American citizens. Concerning the case of J. W. Cullen, it is alleged that R. H. McKinney, the murderer of Cullen, compelled the locomotive engineer to assist him in his escape by carrying him toward the border upon his engine. Mr. H. P. Cullen, the brother of the murdered man, alleges that this engineer was not really compelled to assist in the escape of the murderer, but did so in collusion with him. I respectfully request that I may be informed of what steps, if any, have been taken by the authorities of Monclova in the investigation of this phase of the case.
In connection with the general subject of the failure to bring to justice the murderers of American citizens, I regret to have to add to the cases already enumerated the following: That of John E. Week, referred to in my notes of September 7 and October 2 of the present year, and their inclosures; that of William Savage, referred to in my notes of September 7 and October 18 and 20 last, the murderer having been arrested and imprisoned, and afterwards having effected his escape; and that of John S. Newman, which I brought to the attention of your excellency by my note of the 5th instant.
As the apprehension and punishment of murderers, without regard to their nationality or that of their victims, must be gratifying to every lover of justice, it was with satisfaction that I observed with what vigilance and untiring zeal the Mexican authorities ferreted out and brought to condign punishment, about a year ago, the seven murderers of the British subject, Robert Remmett, and with what equal zeal and consummate ability they apprehended and caused to be subjected to the extreme penalty of the law the eleven murderers of the two French citizens, Courmont and Dupin.
It is to be regretted that, in the cases of the seven murdered American citizens referred to, the authorities have not been so fortunate. I, however, indulge in the confident expectation that, with the aid of your excellency, justice in these cases may yet be satisfied by the arrest and punishment of the guilty persons.
Thanking your excellency for the interest you have already taken in the cases of Garcia, Gerster, Nesdel, Savage, Cullen, and Week, I have, etc.,