The British Ambassador to the Acting Secretary of State.
Lenox, Mass., August 13, 1905.
Dear Mr. Adee: I have received a telegram from Lord Lansdowne informing me that the Uruguay criminal court has now delivered its judgment in the case of the Agnes G. Donahoe. The captain is condemned, on the charge of smuggling, to ten months’ imprisonment, to date from the day of arrest—namely, the 11th of November last. The court considers that the charge of theft is unfounded. The mates are condemned as accomplices, but they are to be released without [Page 916] further imprisonment. The vessel and her cargo are ordered to be confiscated.
The counsel engaged for the defense is of opinion that the criminal courts having no jurisdiction in a case of smuggling, which should have been dealt with in a civil court, the judgment is void judicially. This point, however, could only be raised on appeal, and it would be useless to appeal against the sentence passed on the captain, since a decision could not be expected for at least six weeks.
Lord Lansdowne is considering the question of the steps to be taken with regard to the confiscation of the ship and cargo; but meanwhile he has instructed Mr. Peel, the British chargé d’affaires, to endeavor to obtain the captain’s release on the ground of legal doubt or on the plea of health, pointing out that he has already served nine months out of the ten to which he was sentenced.
His Lordship desires me to ask whether you would be so good as to direct the United States minister to support the representations which Mr. Peel has been instructed to make.
Believe me, etc.,