Clayton to Mr.
Hay.
American Embassy,
Mexico, March 7,
1904.
No. 2181.]
Sir: Referring to the case of Engineer F.
Gordon, of the Sonora Railway, reported in my No. 2061, of December 4
last,a as being one of the pending cases of American
railway men arrested and imprisoned in Mexico, I have the honor to
trasmit herewith copies of further correspondence relating thereto
between this embassy and the foreign office.
From the report of Judge Canale, of the district court of Sonora, made to
the secretary for foreign affairs, it will be seen that the case of
Gordon was dismissed by an order of December 19, 1901, which order was
confirmed by the decision of the third circuit court on the 29th of
January of the following year.
I have, etc.,
[Inclosure 1.]
Mr. Clayton to
Mr. Mariscal.
American Embassy,
Mexico, January 27,
1904.
Mr. Minister: I have the honor to invite
your excellency’s attention to the cases of two American citizens in
the employ of the Sonora Railway Company, which cases, I am
informed, are still pending in the courts—that of Engineer F.
Gordon, arrested at Hermosillo on November 3, 1900, charged with
running over Jesús Rodriguez, a deaf man, cutting off his feet and
that of Engineer C. O. Bean, arrested at Guaymas on August 3, 1902,
charged with causing the train under his charge to run over and
crush the right leg of a laborer working under a car at the time.
Gordon, after twelve days’ imprisonment, was released on $1,000
bond, and Bean, after six days’ imprisonment, was released on a bond
for a similar amount, which, in both cases, was given by the Sonora
Railway Company.
In view of the length of time that has elapsed since the arrest of
these men, I respectfully request the interposition of your
excellency’s good offices to procure an early termination of these
cases.
I renew, etc.,
[Inclosure
2.—Translation.]
Mr. Mariscal to
Mr. Clayton.
Department of Foreign Affairs,
Mexico, February 12, 1904.
Mr. Ambassador: Referring to your
excellency’s note of January 27 last, relating, among other matters,
to the case of the engineer, F. Gordon, arrested in Hermosillo on
November 3, 1900, for having injured Jesús Rodriguez with the train
under his charge, I have the honor to transmit to your excellency
herewith a copy of a report on this case made by the district judge
of Nogales, by which it appears that it was dismissed.
I renew, etc.,
[Page 484]
[Subinclosure.]
Report of district judge of Nogales in case of
Frank A. Gordon, engineer.
Mexican Republic, District Court, Nogales,
Sonora,
Nogales, December 21,
1903.
To the Citizen Secretary of State
and of the Office of Foreign Affairs, Mexico:
The Gordon case:
In this case, after a careful search in the Government book of this
court for the last three years, the criminal proceeding, No. 49, had
in 1901 in the matter of a derailment of freight train No. 3, which
occurred on September 17 between kilometers 384 and 385 of the
Sonora Railway, in which the engineer, Frank A. Gordon, and one of
the firemen of the train were injured, was all that could be found.
By order of December 19 of the said year the said case was
dismissed, the same being confirmed by decision of the third circuit
court on January 29 of the year following. I can assure the
department that during the period to which this report refers no
employee of the said railway company of the name of Gordon has been
deprived of his liberty by order of this court.
I renew, etc.,
