Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 5, 1905
Chargé Hutchinson to the Secretary of State.
Caracas, September 27, 1904.
Sir: I have the honor to inclose a copy of a letter from Captain Wright, managing director of the New York and Bermudez Company, in Caracas, and my acknowledgment of the same, together with a copy and translation of papers in an action brought in the civil court of first instance, by Señor Francisco Arroyo Parejo, attorney-general of the United States of Venezuela, and charging the above-mentioned company with assisting the late Matos revolution, through the medium of its directors in New York, with large sums of money, amounting to at least $130,000, part of which sum it is charged was used for the purpose of buying for the leader of the revolution the steamer used as a gunboat, called Ban Righ.
The attorney-general states that up to until a short time ago the chief of the executive did not possess the accumulation of evidence [Page 951] which he now has, intimating that the action would, if possible, have been brought much earlier.
According to the charge, the company kept no itemized statement of the money given toward aiding the revolution, but put the amounts down to a certain account which was called “Government relations,” and represented “all expenses incurred for Venezuela.”
The attorney-general states that he is instructed by the executive to demand “serious damages” from the company, which ought to have maintained a strict neutrality, for assisting the late revolution, and that for the purposes of jurisdiction only he mentions a nominal sum of damages, amounting to $4,000; but experts shall be called into the trial to determine the real and actual damages.
Captain Wright, the managing director of the company, was called to appear, to answer the foregoing charge, ten working days after he was served with the papers, which was on September 22 at 3 p.m.
I have also the honor to inclose copies of five affidavits, copies of which were left with Captain Wright. These affidavits accompanied the papers charging, under a separate action from that already instituted (i. e., breach of contract, loss of concession), the New York and Bermudez Company with complicity, as before said, in the late Matos revolution. The evidence evinced by the affidavits is considered of an exceedingly hearsay character by Captain Wright and other parties here, and certainly, without further evidence, the Venezuelan Government’s new charge against the company would be lacking the legal conception of good evidence. It is to be hoped that the evidence is not, and can never be, anything more than valueless hearsay evidence.
Even should the company be beaten in the action in question in the court of first instance, there remain two appeals to higher courts, and this will give the Department ample time to consider all the evidence and character of the evidence used in the suit.
As news comes to hand concerning the subject of this dispatch it will be promptly transmitted to the Department.
I have, etc.,
Mr. Wright to Chargé Hutchinson.
Dear Sir: I beg to hand you herewith the following documents: In regard to the civil suit for assisting the revolution recently instituted against this company by the Venezuelan Government, two copies of document 8–1, the demand against the company (libel); two copies of English translation of the same; document 8–2, one copy of the documents referred to in the libel, consisting of affidavits made by O. E. Thurber, William Young Kinleyside, Amzi Lorenzo Barber (two), and Charles Y. Baldwin. I handed you one copy of this document a few days ago, which you will please retain. In this document 8–2, on the first page of the first affidavit of Amzi Lorenzo Barber, there is mentioned exhibit a. This exhibit a is merely a copy of the affidavit of O. E. Thurber, which is attached hereto, and I did not think it necessary to duplicate it. You will notice that on the copy of 8–2, which I inclose, is a note to that effect, made on the bottom. It is also noted in the body of the affidavit. Will you please mark your copy in the same way? I am sending two copies of all these, so that you may retain one copy and forward one to the Department of State.
Very truly, yours,
Libel against the New York and Bermudez Company.
To the Judge of First Instance in Civil Causes of the Western Section in the Federal District:
I, Francisco Arroyo Parejo, general attorney of the nation, acting in such capacity, come before you and with all due respect state: Since the middle of the year 1901, period in which the rebellious purposes of many an individual against the legally established government became clear and which, put into practice a few months later, gave rise to the movement known by the name of “liberating revolution,” the national authorities suspected that the corporation under the name of the New York and Bermudez Company had an understanding with the principals and well-known agents of the revolution to that treacherous end. The action of the government to restrain and punish the condemnable proceedings of the above-mentioned company was at that time hindered by the consideration that said company had before the highest tribunal of Venezuela a suit, in the course of which it was maliciously assured that official influence had been used in favor of the other party in the suit. Some repressing or strong measure might have given credit to such an unfounded assertion, and it was not wished that the impartiality of the judges who had to decide on that litigation could be suspected. Moreover, the chief of the executive did not possess at the time the accumulation of evidence which he now has, which proves the active and efficacious part which the above-mentioned company had in that unaccountable rebellion, which cost the country so many lives and sacrifices. The chief of the revolution and the company having come to an agreement when the former went to New York in the month of June, 1901, the latter began to supply the necessary funds to start the campaigning, and to this end General Matos went to Europe, and Mr. Francis V. Greene, the then president of the National Asphalt Company, managing director of the New Trinidad Lake Asphalt Company, and one of the directors of the New York and Bermudez Company, who had under his care all the business of said company in Venezuela, went to meet him in the month of July to conclude the purchase of a steamer and all the necessary war elements. They first met in Paris; then Greene went to London and then to Glasgow, where he arrived in the beginning of the month of August to inspect several steamers that were for sale. On his return to Paris he drew through the Credit Lyonnaise against the Seaboard National Bank of New York, of which Greene was one of the directors and where the trust, of which the New York and Bermudez Company formed one part, had an account. Said check, which amounted to the sum of $100,000, was ordered to be paid by Mr. Sewall, secretary of the trust, who ordered the cashier to charge with that amount a certain account called “government relations,” which contained, without being itemized, all expenses incurred for Venezuela. A few days later another check, amounting to $30,000, was drawn, cashed, and noted in the same way. A few months after this, and as a result of Greene’s trip to Europe, there appeared off the Venezuelan coast, fitted out as a war ship, loaded with abundant elements of war, and carrying on board the chief of the revolution the steamer Ban-Righ, of sad remembrance, the piratical history of which is well known. The wonderful campaign, in which the present chief of the country destroyed and routed all the armies opposed to him by the revolution, did not convince the company which I refer to of the downfall of its aspirations; nor did it desist from its purposes, since, after the famous battle of La Victoria, it insisted on helping Matos, prolonging by this means an iniquitous war, already unaccountable, which aggravated the evils of the country, putting it, exhausted and defenseless as it was, under the pressure of foreigners. The evidence of all the foregoing facts I shall produce in full and due time. Besides the Venezuelan blood wasted, of inestimable value, the credit and good name of the country a good deal injured in consequence of the war and the enormous amounts which had to be spent by the government to put it down, the liberating revolution caused the national treasury great damages, as it is easy to imagine and as I shall prove in the course of the litigation, damages for which the New York and Bermudez Company is responsible by having, through its directors in the United States and its agents in Venezeula, supplied funds and material, as well as moral support, from the beginning to the end of the struggle. From the foregoing it is concluded that the above-mentioned company has caused the nation such damages as narrated under all legislations of civilized countries and as provided by our own law, as per article 1122 of the civil code in force. Wherefore I am instructed by the Executive to demand, as I hereby demand, in all legal form, of the New York and Bermudez Company, a corporation domiciled in Philadelphia, United States of America, and also in this city in the person of its representative, Mr. Robert Kemp Wright, of age, and a resident here, that it agree on the said company being bound to satisfy and that it satisfies to the United States of Venezuela the serious damages caused by the assistance given to the late revolution called “Libertadora,” which assistance, wrongful in every way, and the more so when it is considered that the company, being a foreign corporation, should have observed strict neutrality in connection with the internal politics of the country. For the purposes of jurisdiction only I value the present action over 4,000 bolivars; but I petition that the total amount of damages motive of this action should be decided upon by experts in accordance with the evidence [Page 953] which I shall supply in due legal course of time. In consequence thereof I petition that this action with the inclosed documents be admitted, substantiated according to law, and ultimately declare it admissible with costs and all other legal judgments. I also petition that the translations into the legal language from the English of the documents which I inclose herewith be ordered. It is justice, etc.
The undersigned secretary certifies to the present copy.
(Signed on one bolivar stamp:) Vicente E. Velutini.
Hall of first instance, civil, of the western section of the federal district. Caracas, September 22, 1904. 94th and 46th.
Mr. Robert Kemp Wright, in his capacity as a representative of the New York and Bermudez Company, shall appear before this tribunal the tenth working day after cited at 10 o’clock a.m. to answer the foregoing. He shall give a receipt of this copy.
Cited the 22d September, at 3 o’clock p.m.
Affidavit No. 1.
State of New York, County of New York, ss:
O. E. Thurber, being duly sworn, deposes and says: He is of lawful age and resides in the city of New York, State of New York, United States of America, and for the past seventeen years has been engaged in the asphalt business.
In the year 1901 he was the treasurer of the Barber Asphalt Paving Company and prior to that time had been treasurer of the New Trinidad Lake Asphalt Company (Limited), and in these capacities he had cognizance of the business done and transactions made by the New York and Bermudez Company. In and during the year 1901 the National Asphalt Company, of which Francis V. Greene was the president, owned all or substantially all of the capital stock of the Asphalt Company of America, which latter company owned all of the capital stock of the Barber Asphalt Paving Company and of the New Trinidad Lake Asphalt Company (Limited). The said New Trinidad Lake Asphalt Company (Limited) owned all or substantially all of the capital stock of the New York and Bermudez Company. All of the business of the said New York and Bermudez Company was managed, controlled, and directed by the officers of the said National Asphalt Company.
Among the officers and directors of the said National Asphalt Company were Francis V. Greene, president; John M. Mack, vice-president; Arthur W. Sewall, secretary and treasurer, and Avery D. Andrews, director. The principal offices of the National Asphalt Company, of the New York and Bermudez Company, and of all other companies heretofore mentioned were in the year 1901 located at No. 11 Broadway, in the city of New York, and all of said companies were to all intents and purposes one and the same corporation in respect of their management. Deponent’s office was at the same place, and he was familiar with much of the business of the several companies controlled by the said National Asphalt Company and had ample opportunity to gain full knowledge thereof.
In the spring of the year 1901 deponent saw various persons at No. 11 Broadway, and among others some who were reported to deponent as coming from Venezuela. These Venezuelans were in consultation with Francis V. Greene on several occasions, and deponent has been informed and verily believes that one Gen. Manuel A. Matos was seen to visit said offices at No. 11 Broadway during said spring or early summer of the year 1901. In the aforesaid summer of 1901 the said Greene departed for Europe, and thereafter letters and telegrams were received from him dated at London and Paris, and deponent verily believes said Greene to have been in said cities of London and Paris and elsewhere in Europe until the latter part of the month of October or the early part of the month of November of the said year 1901. During said summer of 1901 the aforesaid Avery D. Andrews questioned deponent as to the means of transmitting an unknown sum of money to Europe, and particularly requested deponent to ascertain the name of the correspondent or agent of the Credit Lyonnaise of Paris at New York, which deponent did.
In or about the month of September, 1901, deponent was upon one occasion called on the telephone by Stuart G. Nelson, vice-president of the Seaboard National Bank, in the city of New York, of which bank the aforesaid Francis V. Greene was at that time a director. Said Nelson stated to deponent that the said Seaboard National Bank had received from the Credit Lyonnaise and held for payment a certain draft to the amount of $100,000 drawn [Page 954] upon the New Trinidad Lake Asphalt Company (Limited) and requested that said draft be paid without delay. Deponent referred said Nelson to Ira Atkinson, who was at that time the treasurer of said New Trinidad Lake Asphalt Company (Limited), and said Atkinson subsequently stated to deponent that he had received no advice regarding the said draft and knew of no liability of said company requiring payment of such sum by it, nor of any other reason why said company should pay the amount of $100,000, before mentioned. He referred the matter to the aforesaid Arthur W. Sewall and accompanied said Sewall to the aforesaid national bank, where said Sewall and Nelson repaired to a private room, and after a conference said Sewall returned to said Atkinson and directed him to give a check for $100,000 to the order of Nicoll, Anable & Lindsay, who were at that time the attorneys for the New York and Bermudez Company, and said Sewall informed said Atkinson that said attorneys would thereupon pay the draft before mentioned, all of which was done. Said Atkinson subsequently informed deponent that he was further directed to charge the sum of $100,000 thus paid out to the account of the New York and Bermudez Company, and to instruct Frederick J. Buxton, at that time treasurer of the New York and Bermudez Company, to charge said sum on the books of said New York and Bermudez Company to an account styled “government relations.” Said Atkinson subsequently stated to deponent that another draft for $30,000 was paid and charged in the same manner, and that he received no papers or vouchers therefor beyond receipts signed by Nicoll, Anable & Lindsay, or initialed “N., A. & L.” by the aforesaid Avery D. Andrews, and that said drafts and other papers relating to said payments were all retained by and in the custody of said Nicoll, Anable & Lindsay.
Deponent was further informed by Thomas H. Thomas, the president, and by Frederick J. Buxton, the treasurer of the New York and Bermudez Company, and by John K. Breeden and Charles Y. Baldwin, bookkeepers for the New Trinidad Lake Asphalt Company (Limited) and for the New York and Bermudez Company, that the payments of the drafts before mentioned for $100,000 and for $30,000 were charged to the account called “Government Relations,” all as stated to deponent by Said Atkinson. Said Atkinson, Thomas, Buxton, Breeden, and Baldwin further informed deponent that thereafter other payments of varying amounts were made by or on account of the New York and Bermudez Company through the said Nicoll, Anable & Lindsay for purposes not disclosed to said informants, and that said payments were likewise charged to the account called “Government Relations.” Said Atkinson, Thomas, Breeden, Baldwin, and Buxton further informed deponent that from information received they were convinced that such payments were made for the purpose of assisting the revolution then in progress against the constituted government of Venezuela, the leader of said revolution being the aforesaid Gen. Manuel A. Matos. And said Baldwin further informed deponent that upon one occasion a messenger from the office of said Nicoll, Anable & Lindsay brought to the office of the National Asphalt Company before mentioned, at No. 11 Broadway, a slip of paper upon which was written the following: “Revolutionist, five thousand dollars;” and thereupon a check of the said New York and Bermudez Company for the sum of $5,000 was drawn to the order of and sent to said Nicoll, Anable & Lindsay, and said sum of $5,000 was charged on the books of said New York and Bermudez Company to the aforesaid account called “Government Relations.”
On the 14th and 15th days of the month of March, 1901, deponent had conversations with one Gilbert M. Furman, of the city of Plainfield, State of New Jersey, United States of America, at No. 17 Battery place, in the city of New York, and said Furman informed deponent that in or about the month of May, 1901, he was ordered by said Greene, Andrews, Mack, and Sewall to proceed to the city of Caracas, United States of Venezuela, for the purpose of investigating the status of the aforesaid revolution to ascertain the probability of the success thereof, and to make a full report thereof to said officers of the said National Asphalt Company, and particularly to report upon the advisability of said New York and Bermudez Company making an alliance with said Matos by contributing a large sum of money to him to be used in assisting and promoting the said revolution. Said Furman further informed deponent that he carried out the instructions of said officers of said National Asphalt Company and did proceed to Caracas, as directed, and there found one Henry Willard Bean, representing said New York and Bermudez Company, negotiating and actively treating with agents and associates of the said Matos, and said agents and associates were frequent visitors at Bean’s residence at Caracas. Said Furman further stated to deponent that he became much alarmed at the open manner in which said Bean was negotiating with the agents of said Matos, and advised said Bean to be more discreet in his negotiations. Said Furman further stated to deponent that he made a thorough investigation of political affairs in Caracas, and particularly concerning the probability of the revolution aforesaid resulting successfully to the Matos party, and that he, the said Furman, having formed the opinion that the Matos revolution would triumph, returned to New York and reported to said Greene, Mack, Andrews, and Sewall to that effect, and recommended that the New York and Bermudez Company should contribute a large sum of money to Matos for the purpose of carrying on the revolution. And said Furman also stated to deponent [Page 955] that said Greene, Mack, Andrews, and Sewall thereupon decided to act in accordance with the said Furman’s recommendations, and that said Greene was designated to proceed to Paris to meet said Matos and to carry out the arrangements made with him.
Deponent further says that his attorney, William Young Kinleyside, of Edinburgh, Scotland, in the month of February, 1904, made investigations in Glasgow, Aberdeen, and London regarding the sale of a certain steam vessel called Ban Righ, and said attorney reported to deponent that he had ascertained that said vessel was sold by the Aberdeen Steam Navigation Company in or about the month of September, 1901, to Rudolph De Paula and M. A. Matos for the sum of £19,000, and that in the course of the negotiations for the sale and purchase of the vessel the said sellers thereof, the Aberdeen Steam Navigation Company, met Greene.
Deponent further states that the aforesaid Charles Y. Baldwin on the 19th day of March, 1904, at No, 17 Battery place, in the city of New York, did say to deponent that he saw the aforesaid Gen. Manuel A. Matos at No. 11 Broadway, in the city of New York, during the summer of 1901; that he, the said Baldwin, at the time was in the company of one Michael N. Schweizer, who had lately returned from Caracas, where he, the said Schweizer, had been employed as secretary for Henry Willard Bean, the aforesaid. The said Schweizer stated to said Baldwin that he was well acquainted with said Matos and that he was familiar with the negotiations with him. Deponent further states that he was further informed by said Baldwin that one Francis M. Cartland, now in the city of New York, was during the latter part of the year 1901 in Caracas as secretary and clerk for one J. Lewis Rake, who succeeded the aforesaid Henry W. Bean as the representative of the New York and Bermudez Company in Caracas, and that said Cartland was well informed concerning the connection of the New York and Bermudez Company with the revolution of said Matos.
Deponent further says that said Baldwin further informed him that one F. A. Holmes, now employed by the General Asphalt Company, the successor of said National Asphalt Company, was aso in Caracas following the departure of said Cartland, and said Holmes was the secretary for one William J. Ewart, who succeeded the aforesaid J. Lewis Rake as the representative of the New York and Bermudez Company in Caracas. Said Baldwin further informed deponent that he had had several conversations with said Holmes, and that said Holmes was well informed concerning the connection of the New York and Bermudez Company with the aforesaid revolution, and that said Holmes as secretary for said Ewart in Caracas wrote many and voluminous letters addressed to the officers of the National Asphalt Company, reporting to said officers all information gained by said Ewart concerning the progress and probabilities of success or failure of the aforesaid revolution against the Government of Venezuela and advising said officers fully as to all that pertained thereto.
Deponent further says that he is acquainted with one Charles C. Link, of the city of New York, and that in the years 1901 and 1902 said Link was a clerk for the said National Asphalt Company and for the other companies by it controlled, and among other duties said Link had charge of receiving and sending all telegraphic messages in the secret cipher code used by said companies. Said Link has informed this deponent that many messages were received from the aforesaid Francis V. Greene, dated at London and Paris, during the late summer and early autumn of 1901, and also from the representatives of said company at Caracas, and that many of said messages were extracted from the files of said companies by the aforesaid Avery D. Andrews and retained in his possession. Said Link further informed the deponent that among said messages he distinctly remembers one from Caracas asking for arms, ammunition, and money for the purpose of overthrowing the then constituted Government of Venezuela.
From all the information received by this deponent he verily believes that the aforesaid officers of the National Asphalt Company and of other companies by it controlled did conspire to foment, aid, and assist the revolution against the constituted Government of Venezuela in the years 1901 and 1902, and that they did aid and assist said revolution by the contribution of large sums of money for the purchase of the steam vessel called the Ban Righ, for the purchase of arms, ammunition, and equipment for said vessel, and for the purchase of other supplies for the equipment and sustenance of the revolutionary forces commanded by the aforesaid Gen. Manuel A. Matos.
Deponent further says that on account of the secrecy with which said assistance was contributed to said Matos and other, and on account of the efforts made by said officers of the National Asphalt Company to suppress and hide all documentary evidence showing the connection of said company with said revolution it has been very difficult to secure direct evidence of said complicity; but deponent is informed and verily believes that each and every one of the foregoing statements by him made is true, and that an examination of the persons below named, under due process of law, will fully corroborate said statements and will disclose the assistance given by said National Asphalt Company and by said New York and Bermudez Company to said Matos revolution.
Francis V. Greene; John M. Mack; Avery D. Andrews; Arthur W. Sewall; George W. Elkins; Gilbert M. Furman; J. Lewis Rake; William J. Ewart; Thomas H. Thomas; ha, [Page 956] Atkinson; Frederick J. Buxton; John K. Breeden; Charles Y. Baldwin; George C. Link; Michael N. Schweizer; Francis M. Cartland; F. A. Holmes; Henry Willard Bean; officers of Aberdeen Steam Navigation Company, London; William Young Kinleyside, attorney at law, Edinburgh, Scotland; officers of the Credit Lyonnaise; Stuart G. Nelson, vice-president Seaboard National Bank;——Carnegie, ship broker, No. 11 Great St. Helens, London, England; J. M. Soper, yacht broker, 184 Piccadilly, London, England.
And further deponent saith not.
Subscribed and sworn to before me this 17th day of June, 1904.
Notary Public.
Affidavit No. 2.
I, William Young Kinleyside, of No. 7 George street, Edinburgh, a solicitor and practicing before the supreme and inferior courts of Scotland, make oath and say as follows:
- (1)
- I have during the last few months been making investigations as to the purchase of a ship formerly known as and named the Ran Righ.
- (2)
- From information received I find that it formerly belonged to the Aberdeen Steamship Company, and that it was a boat of 600 tons.
- (3)
- The ship was purchased in London about the end of the year 1901, and was sent to New Castle to be fitted up as a gunboat.
- (4)
- On arriving again in London it was seized by the English authorities, and after a while was allowed to leave port. At that time it was known that the boat had been bought and fitted up as a gunboat to assist the revolutionists in Venezuela.
- (5)
- The name of the boat was changed several times, and transferred at sea in order to hide its identity, and as last in the ship register as named the Libertador.
- (6)
- From inquiries made the history of the purchase of the boat is shortly as follows: A Mr. Willis called upon Mr. Soper, yacht broker, No. 184 Piccadilly, London, with a view to purchasing a boat of very strong build.
- (7)
- At an interview I have had with Mr. Soper he informed me that he explained to Mr. Willis that he had only some yachts for sale, and that his connection with Air. Willis then terminated.
- (8)
- Afterwards it was ascertained that Messrs. Raison & Co., of Leadenhall street, now at No. 21 Great St. Helens, had for sale a boat which might be suitable for the proposed purchasers.
- (9)
- I had an interview with Mr. Raison, and he stated that he had acted in the matter, and showed me a photograph of the boat, and stated that he presently had the boat for sale. He handed me printed particulars giving full information regarding the ship.
- (10)
- He informed me that the purchaser was Mr. Matos, who was organizing and taking a leading part in the revolution. He stated that there was a great deal of mystery as to who was financing the purchase, but that a Mr. Greene had something to do with it, and that the money was being provided from sources in America. He would give no further information, which showed that he had instructions to that effect from some source or other.
- (11)
- I have also called and interviewed Mr. A. Carnegie, ship broker, formerly at No. 1 St. Helens place, and now at St. Mary Chambers, St. Mary Axe, London. I was accompanied by Mr. Joel Henry Benedictus, solicitor, of Messrs. Puddle & Benedictus, solicitors, Mansion House Chambers, No. 20 Bucklersbury, London. Mr. Carnegie then stated that he had acted for Mr. Matos in the purchase of the boat, and that the price paid was £20,000.
- (12)
- He informed me that his instructions were received from Mr. Matos, and that the money was paid at once.
- (13)
- He stated that he did not know where the money came from, but no doubt Mr. Matos was assisted from an outside source.
- (14)
- His opinion was now that the boat had been sold by Mr. Matos to the Colombian Government, and he thought it was now at Trinidad.
Sworn at 20 Bucklersbury, in the city of London, this 23d day of June, 1904, before me.
Commissioner for Oaths.
Resworn at 75 and 77 Cornhill, London, this 23d day of June, 1904, before me.
Notary.
Affidavit No. 3.
State of New York, County of New York, ss:
Amzi Lorenzo Barber, being duly sworn, deposes and says: That he resides in the city of Washington, United States of America, and for upward of twenty-five years has been engaged in the asphalt business; he was formerly, from about the 10th day of September, 1900, until the 3d day of January, 1901, president of the National Asphalt Company, and was familiar with all the operations of the said company and of all the companies controlled by it, including the New Trinidad Lake Asphalt Company (Limited) and the New York and Bermudez Company. On the said 3d day of January, 1901, deponent resigned the office of president of the aforesaid National Asphalt Company, and thereafter sold all the stock and other securities of said company and of all the companies controlled by it which deponent then owned, and he has not since owned and does not now own any interest whatever in the National Asphalt Company nor in any corporation owned or controlled by said National Asphalt Company or by its successor, the General Asphalt Company.
Deponent has read a certain affidavit made and signed by Orray E. Thurber before David Fischer, a notary public in and for the county of New York, dated the 17th day of June, 1904, copy of which is hereto annexed, marked “Exhibit A,”a and is acquainted with many of the facts therein stated, and such facts are true; and as to the remainder of the facts therein stated, from information received, deponent believes them to be true.
Deponent further says that he was present at No. 17 Battery place, in the city of New York, on the 15th day of March, 1904, at an interview between the aforesaid Orray E. Thurber and one Gilbert M. Furman, and that said Furman did make each and every statement as narrated in the affidavit of said Thurber, and did make same statements to this deponent.
Deponent further says that on the 14th day of April, 1904, at a clubhouse of the New York Yacht Club, in the city of New York, he met one George W. Elkins, who had long been associated with this deponent in the asphalt industry, and said Elkins during the year 1901 was one of the directors of the National Asphalt Company and also a director of the New York and Bermudez Company. Deponent inquired of said Elkins if he knew anything about the assistance given by the said New York and Bermudez Company to the revolution against, the Government of Venezuela in the year 1901, known as “the Matos revolution,” and said Elkins replied that he did know about it, and that Avery D. Andrews (formerly a director of the National Asphalt Company and now vice-president of the General Asphalt Company and of the New York and Bermudez Company) in the summer of 1901 came to the place where said Elkins was staying on the St. Lawrence River to consult said Elkins with reference to supporting the revolution of said Matos, and that the New York and Bermudez Company did assist the revolution of said Matos.
Deponent further says that he is familiar with the investigations made by the aforesaid O. E. Thurber concerning the complicity of the New York and Bermudez Company with the Matos revolution, and from information received he believes all the statements made by said Thurber in the affidavit heretofore mentioned to be true, and that said New York and Bermudez Company did, in the years 1901 and 1902, foment, aid, and assist the aforesaid Matos in his rebellion against the then constituted Government of Venezuela by contributing to him large sums of money for the purchase of the steam vessel Ban-righ, for the purchase of armament for said vessel, and for the purchase of arms and ammunition and sustenance for the use of the revolutionary forces of said Matos, and by other means. And further deponent says not.
Subscribed and sworn to before me this 2d day of July, 1904.
Affidavit No. 4.
State of New York, County of New York, ss:
Amzi Lorenzo Barber, being duly sworn, deposes and says: That he resides in the city of Washington, United States of America, and for upward of twenty-five years has been engaged in the asphalt business; he was formerly, from about the 10th day of September, 1900, until the 3d day of January, 1901, president of the National Asphalt Company, and was familiar with all the operations of said company and of all the companies controlled by it, including the New Trinidad Lake Asphalt Company (Limited) and the New York and Bermudez Company. On the said 3d day of January, 1901, deponent resigned the office of president of the aforesaid National Asphalt Company, and thereafter sold all the stock and [Page 958] other securities of said company and of all companies controlled by it which deponent owned, and he has not since owned and does not now own any interest whatever in the National Asphalt Company nor in any corporation owned or controlled by said National Asphalt Company or by its successor, the General Asphalt Company.
Deponent is informed and verily believes that subsequent to his resignation as the president of the National Asphalt Company—that is to say, during the years 1901 and 1902—certain officers of the said National Asphalt Company, of the New Trinidad Lake Asphalt Company (Limited), and of the New York and Bermudez Company did contribute on behalf of said company large sums of money to one General Manuel A. Matos or to his associates for the purpose of fomenting, aiding, and abetting a revolution against the constituted Government of the United States of Venezuela, and to that end did furnish them money to purchase, arm, and equip a steamship called Ban-righ, and did furnish money to said Matos or to his associates for the purpose of purchasing a large quantity of arms and ammunition which were conveyed by said steamship Ban-righ to the adherents of said Matos at various points in the United States of Venezuela.
Deponent further says that he was present at No. 17 Battery place, in the city of New York, on the 15th day of March, 1904, and had a conversation with one G. M. Furman, now residing in the city of Plainfield, State of New Jersey, United States of America. Said Furman informed this deponent that in or about the month of May, 1901, he was directed by certain officials of the said National Asphalt Company to proceed to the city of Caracas, Venezuela, for the purpose of making an investigation of the political conditions there existing, and particularly to make a full report to the officers of the said National Asphalt Company upon the advisability of the New York and Bermudez Company, one of the subsidiary companies of the said National Asphalt Company, assisting the revolutionary movement headed by the aforesaid Matos by contributing large sums of money to said Matos or to his associates.
Said Furman informed this deponent that he proceeded to Caracas, as directed, and there found a representative of the said New York and Bermudez Company, one Henry Willard Bean, actively engaged treating with the agents and adherents of said Matos, who were frequent visitors at Bean’s residence in the said city of Caracas. Said Furman reported to this deponent that he was much alarmed at the openness with which said Bean was negotiating with said agents and said adherents of said Matos, and recommended that he, the said Bean, should exercise discretion in his negotiations with them. Said Furman further stated to this deponent that after making a thorough investigation of the political affairs in Caracas, and particularly of the probable success of the revolutionary movement headed by the said Matos, he became convinced that the constituted Government of Venezuela would be overthrown and that the Matos revolution would triumph, provided sufficient money should be furnished to said Matos to carry on his operations. Said Furman then stated that he returned to New York and reported his conclusions to Francis V. Greene, the president; John M. Mack, the vice-president; Avery D. Andrews, general counsel, and Arthur W. Sewall, secretary and treasurer, of the aforesaid National Asphalt Company, and recommended that the National Asphalt Company, or its subsidiary company, the New York and Bermudez Company, should contribute a large sum of money to said Matos for the purpose of assisting the revolution already referred to; and said Furman further stated to this deponent that said Greene, Andrews, Mack, and Sewall thereupon decided to act in accordance with said Furman’s recommendations, and that said Greene was designated to proceed to Paris to arrange matters with said Matos.
Deponent further says that on the 14th day of April, 1904, at a clubhouse of the New York Yacht Club, in the city of New York, he met one George W. Elkins, who had long been associated with this deponent in the asphalt industry, and said Elkins during the year 1901 was one of the directors of the National Asphalt Company and also a director of the New York and Bermudez Company. Deponent inquired of said Elkins if he knew anything about the assistance given by the said New York and Bermudez Company to the revolution against the Government of Venezuela in the year 1901,known as “the Matos revolution,” and said Elkins replied that he did know about it, and that Avery D. Andrews (formerly a director of the National Asphalt Company and now vice-president of the General Asphalt Company and of the New York and Bermudez Company) in the summer of 1901 came to the place where said Elkins was staying on the St. Lawrence River to consult said Elkins with reference to supporting the revolution of said Matos, and that the New York and Bermudez Company did assist the revolution of said Matos.
Deponent further says that on or about the 20th day of June, in the year 1904, at 17 Battery place, in the city of New York, he had an interview with Thomas H. Thomas, who in the year 1901 was the nominal head of the New York and Bermudez Company Said Thomas informed this deponent that during the year 1901 all considerations as to the conduct of the business of the New York and Bermudez Company were received by him from the aforesaid the National Asphalt Company; that during the month of November, 1901, [Page 959] he, the said Thomas, was asked to pay a large sum of money to the firm of Nicoll, Anable & Lindsay, of the city of New York, who at that time were the attorneys of said New York and Bermudez Company; said Thomas further informed this deponent that although he inquired of said Andrews the purpose for which the money was to be paid all information upon the subject was refused. Said Thomas then stated that he declined to make payment without further authority, and that thereupon he received a slip of paper upon which was written the following: “18th November, 1901, N. Y. & B. Co. to Nicoll, Anable & Lindsay, $101,366.67. Signed A. D. A. and A. W. Sewall.” Said Thomas thereupon exhibited to this deponent the original slip of paper which he received and which he retained in his possession. Deponent is familiar with the handwriting of Avery D. Andrews and Arthur W. Sewall, and he verily believes that the initials “A. D. A.” and the name A. W. Sewall appearing on the slip of paper in the possession of said Thomas are in the true handwriting of A. D. Andrews and Arthur W. Sewall, respectively.
Deponent further says that he is acquainted with one Walter M. Dick, residing in the city of Pittsburg, State of Pennsylvania, United States of America; that in the year 1901 said Dick was in the employ of the New Trinidad Lake Asphalt Company (Limited), and of the New York and Bermudez Company, and was stationed at the Port of Spain, in the island of Trinidad, and at Guanoco, in the State of Bermudez, Venezuela. Said Dick has informed this deponent that during the years 1901 and 1902 the said New York and Bermudez Company furnished forage and supplies and transportation at various sundry times to the revolutionary forces of said Matos in the aforesaid State of Bermudez.
Subscribed and sworn to before me this 8th day of July, 1904.
Affidavit No. 5.
Charles Y. Baldwin, being duly sworn, deposes and says: That he is of lawful age, and resides in the city of New York, State of New York, United States of America; that during the years 1901 and 1902 he was employed by the New Trinidad Lake Asphalt Company (Limited) and was familiar with its accounts and business, and that said company owned substantially all of the capital stock of the New York and Bermudez Company.
Deponent further says that during the year 1901 and subsequently large sums of money were paid to Nicoll, Anable & Lindsay, attorneys for said New York and Bermudez Company, and deponent was informed and verily believes that said money, or a large part thereof, was expended in promoting and aiding a revolutionary movement headed by one Manuel A. Matos against the constituted Government of Venezuela. Said expenditures, whether made by the aforesaid New Trinidad Lake Asphalt Company (Limited) or by said New York and Bermudez Company, to the best of deponent’s knowledge and belief, were charged on the books of the last-named company to an account styled “Government relations.”
Deponent further says that during the latter part of 1901 or early in 1902 a representative of said New York and Bermudez Company in Caracas, one William J. Ewart, wrote voluminous and detailed letters to the officers of the National Asphalt Company in New York City, setting forth with great minuteness all the particulars of the aforesaid revolution, its progress and probability of success, and manifesting unusual interest therein, said letters constituting the daily account of all matters pertaining thereto, and said letters were carefully guarded by the officers of said National Asphalt Company at its home office in the city of New York.
Deponent further says that on one occasion in the summer of 1901 he was in company with one Michael N. Schweizer at No. 11 Broadway, where were located the offices of said National Asphalt Company, the said New Trinidad Lake Asphalt Company (Limited) and the said New York and Bermudez Company, and there said Schweizer pointed out to this deponent a man who, said Schweizer stated, was Gen. Manuel A. Matos, the leader of the revolution aforesaid. Said Schweizer had theretofore been a clerk for one Henry Willard Bean in the city of Caracas and had lately returned to New York, and represented to this deponent that he well knew said Matos, having often seen him in Caracas and having also been a fellow passenger with him on a steamer between Caracas and New York.
Deponent was informed and verily believes that upon one occasion a messenger purporting to come from the offices of the aforesaid Nicoll, Anable & Lindsay, called at the offices of the aforesaid asphalt companies at No. 11 Broadway in the city of New York, bearing a paper upon which was written the following: “Revolutionists, five thousand dollars,” and thereupon to the best of deponent’s knowledge and belief, a check was issued for the sum of $5,000, payable to the order of said Nicoll, Anable & Lindsay.
[Page 960]Deponent further says that as to the facts stated herein upon personal knowledge the same are true, and as to the statements made upon information obtained he believes them to be true; and further deponent says not.
Subscribed and sworn to before me this 8th day of July, 1904.
Notary Public.
Chargé Hutchinson to Mr. Wright.
Caracas, September 30, 1904.
Dear Sir: I have to acknowledge the receipt of your letter of to-day, inclosing copies and translations of the “libel” brought against your company by the Venezuelan Government, charging the company, through its directors in New York, with assisting the late Matos revolution; also inclosing copies of the five affidavits which accompanied the “libel.”
The proper copies and translations will be forwarded to the Department of State at Washington, with such other particulars as I possess, and the extra copies you inclosed will be retained for the legation files.
I am, etc.,
- Exhibit A is a copy of affidavit No. 1.↩