Mr. Clayton to Mr.
Hay.
American Legation,
Mexico, October 11,
1904.
No. 2477.]Sir: Referring to my dispatch, No. 2453, of the
27th ultimo, and previous correspondence, relating to the case of
Messrs. H. C. Harding and H. E. Dugat, against whom action was brought
before the second district judge of the State of Tamaulipas upon the
charge of
[Page 469]
an infraction of the
general customs regulations, I now have the honor to transmit herewith a
copy of a note from Mr. Mariscal, under date of the 30th ultimo,
together with a report from the said district judge of Tamaulipas, made
to the secretary for foreign affairs, under date of the 26th of the same
month, relating to the disposition of the case by that judge, and
translations of both documents.
By reference to inclosure 1 with my dispatch No. 2128 of January 29 last,
and inclosures with dispatch No. 2443 of September 20 last, it would
appear that, if the views of the consul therein expressed are correct,
the punishment inflicted upon Messrs. Harding and Dugat is altogether
too severe.
I have written to Consul Griffith to-day, informing him of my last
information from the foreign office, and asking whether an appeal has
been taken by the accused from the judicial decision referred to, and if
he considers the judgment excessive to please submit any facts that he
may be possessed of in support of his views.
Upon receipt of the information requested of the consul, and its
transmission to the Department, it will doubtless be able to judge
whether a copy of the judicial record in the case should be asked of the
Mexican Government.
I have, etc.,
[Inclosure.—Translation.]
Mr. Mariscal to
Mr. Clayton.
Department of Foreign Affairs,
Mexico, September 30, 1904.
Mr. Ambassador: Referring to your
excellency’s note, dated the 20th instant, relative to action
brought against H. C. Harding and H. E. Dugat, on account of
infraction of the general customs regulations, I have the honor to
transmit herewith a copy of a communication addressed to me by the
second district judge of the State of Tamaulipas, informing me that
the aforesaid case was closed by a sentence pronounced on August 25
last, the decisory part of which appears in the aforesaid
communication.
I renew, etc.,
[Subinclosure.]
Second district judge of
Tamaulipas to the Secretary for
Foreign Affairs.
Second District Court of Tamaulipas, City of
Laredo,
City of
Laredo, September 26,
1904.
Referring to the communication from that superior department, No.
336, dated the 23d instant, issued out of the section on America,
Asia, and Oceania, in which communication you have transmitted to me
a note from the ambassador of the United States, relating to the
case brought against the foreigners H. C. Harding and P. E. Dugat on
a charge of smuggling, I have the honor to inform you that the
aforesaid case was brought to an end through a sentence pronounced
on August 25 last, the decisory part of which reads as follows:
“City of Laredo, Tamaulipas, August 25, 1904.
“Having revised case No. 399, the preliminary proceedings of which
were instituted before the court of first instance of Matamoros on
account of a charge of smuggling made against H. C. Harding and P.
E. Dugat; by virtue of the arguments and legal bases set forth in
article 218 of the penal code of the federal district, and in
accordance with the petition of the prosecuting attorney, it is
resolved:
- “First. That Messrs. H. C. Harding and P. E. Dugat are
guilty of the commission
[Page 470]
of the crime of smuggling, and that
they should be released from further punishment on acount of
the imprisonment they have suffered.
- “Second. That the goods, wagon, horses, and harness seized
from the prisoners shall be forfeited on behalf of the
Government.
- “Third. That the prisoners shall be debarred during the
term of one year from receiving any kind of official honors,
or from holding any Government office, charge, or
commission.
- “Fourth. That the prisoners should be admonished against
falling back to crime.
- “Fifth. That in compliance of this sentence the prisoners
shall be released, and that the bond executed by them shall
be canceled.
- “Sixth. That proper orders should be served, and that the
record of this investigation be transmitted to the second
circuit court for proper action.
“Thus it was decided and signed before me, the undersigned clerk, by
Licentiate José H. Serret, second district judge of the State.
“Attest: Jose H. Serret.
“Licentiate Dionisio A.
Salazar, Clerk.”
An order was issued to have the aforesaid sentence transmitted to the
prisoners through the judge of first instance of Matamoros,
according to a dispatch dated August 26, and on account of said
dispatch not having been returned, said judge was instructed, by
telegram of the 22d instant, to make the proper return, the latter
answering, also by telegraph, that he would comply with the court’s
instruction by first mail, but said dispatch has not been received
yet on account of the delay of the mail due to the bad condition of
the wagon road caused by the action of rainfall.
I renew, etc.,
