Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1906, (In two parts), Part II
Chargé McCreery to the Secretary of State.
Mexico, March 3, 1906.
Sir: I have the honor to inclose, from El Diario Oficial of the 17th ultimo, the report of the governor of Sonora to the minister of government (translation herewith), stating that the death of Albert [Page 1135] W. Sayles, whose remains were found at El Matadero on the 11th ultimo, was not due to any want of assistance or protection from the Mexican authorities.
The governor’s report also states that Mr. A. F. Call, who recently visited Sonora to investigate the circumstances of the murder of his son, M. A. Call (my No. 176), said that he was convinced that no blame attached to the authorities of Sonora and that he would so inform the State Department.
I have, etc.,
[Inclosure.—Translation.]
[From El Diario Oficial, February 17, 1906.]
Department of government—Second section—Mexico.
(A seal reading:) Republic of Mexico—Government of the free and sovereign State of Sonora.
I have the honor to inform you, in order that, if you consider it proper, the matter be brought to the attention of the President of the Republic, that the remains of the American, Albert W. Sayles, an employee at La Sultana mine of the Giroux Consolidated Mines Company, were found at a place named El Matadero, near Carbo Station, on the 11th of this month.
From the judicial investigation, a copy of which I inclose, and made with respect to the death of said Mr. Sayles, it appears that the latter was the victim of his own recklessness, for in spite of his having been warned against the danger he would run while traveling from said mine to Carbo Station and other places where assaults by the Yaqui Indians were liable to occur, he refused to accept any escort and would travel alone, as proved by the letters addressed, respectively, by Mr. Gideon Giroux, superintendent of the Sultana mine, to the chief of police at Carbo Station, and by Mr. William R. Bassett, bookkeeper of said company, to the military commander of the zone.
I also consider it proper to inform you that since January 19 of last year, when the Americans, R. C. Coy, F. R. Mackenzie, M. A. Call, and Walter Steubinger, were killed by the rebel Yaqui Indians near Tasajera, distant 100 kilometers east of this capital, because they also refused to accept the escort that was offered to them, as shown in detail in my report to the foreign office on March 4 of said year, no other act of violence had occurred against Americans; it being well known, and no one could deny it, that the lives and interests of foreigners have received and continue to receive all kinds of protection from this State, as the government under my charge, as well as the military commander of the zone, have been and are furnishing escorts to all those who apply for them, and in many instances escorts are given without any request, when it is known that parties are about to set out over roads which are considered unsafe.
Being opportune, I beg to inform you that a few days ago this capital was visited by Mr. A. F. Call, a respectable gentleman from the United States, father of Mr. M. A. Call, one of the victims of the Tasajera assault, to which I have referred.
The trip to Sonora of said Mr. Call had for an object to investigate the circumstances which attended the death of his son, and there is no doubt but that Mr. Call was unfavorably impressed on account of the calumnious misstatements of Herbert Miller, as well as by the reports of the incident given out in several newspapers of the United States. After Mr. Call gathered all the information be considered proper, he requested an interview with Gen. Luis Torres, military commander of the zone, and, in speaking of the object of his trip, Mr. Call said that he was confident that no blame whatever could be laid on the authorities of Sonora with respect to the death of his son, and that upon his return to his country he would inform the Department of State of the truth of the matter.
It is therefore evident, and to it I invite your attention, that the death of Mr. Sayles, as well as that of the Americans who were killed at La Tasajera and of others I do not recollect, was due exclusively to the recklessness and lack of precaution on the part of the victims, and in no case due to the want of assistance and protection from the authorities of the State.
[Page 1136]I also beg to inclose copies of the two letters relative to the matter in question which I have transmitted to our ambassador in Washington.
I renew to you the assurance of my distinguished consideration.
Liberty and the Constitution.
- Rafael Izabal.
- Alberto Cubillas, Clerk.
To the Secretary of Government,
Mexico, D. F.
Mr. W. R. Bassett to Gen. Luis E. Torres.
January 16, 1906.
Dear Sir: In accordance with your request to have me send you a written statement relative to the death of Albert W. Sayles, I beg to give you the following data:
On January 8 Mr. Sayles received a telegram from our President, Mr. Joseph L. Giroux, then at Los Angeles. The above telegram was of such nature that it required immediate answer, and as Mr. Sayles had other matters to attend to at Hermosillo and Ures decided to make the trip personally instead of sending a messenger. Mr. Sayles had made the same trip several times before, but never alone. He was well informed of the proximity of the Yaqui Indians, as we were all acquainted with the news of the assassinations made near Rayon, but being extremely in haste Mr. Sayles refused to wait for an escort and left on the 9th about half past 8 a.m.
About 5 o’clock in the afternoon of the following day two gentlemen who had business with Mr. Sayles arrived here from Carbo. Being surprised that he had not been seen at the above small place, I made inquiries and learned with regret that, while the above gentlemen asked for Mr. Sayles here, the people at Carbo said that he was probably at the mines.
Therefore, before daybreak of the 11th, I started for Carbo with 14 companions, and made an incomplete search along the road. At Carbo we confirmed his disappearance; and after telegraphing to Posqueira, Los Angeles, San Miguel, and Ures we received information that nothing about Mr. Sayles was known at said places.
Upon our arrival at Hermosillo on the following morning I called on you. Then you immediately ordered the infantry at Carbo and cavalry at San Miguel to set out in pursuit of the Indians.
I desire to avail myself of this occasion to thank you for the diligence with which you have acted in the matter and for the solicitude and interest you have shown to me since.
I found the remains on the 14th upon my return to the mine.
In my opinion they were lying at a distance of 9 miles from Carbo; but, on account of the exposure to which they were subjected during a period of nearly five days, the same were torn to pieces by coyotes, and I could only find a few parts of the body, such as the skull, about one dozen ribs, and one of the lower bones of the leg, being able to positively identify him, at least, by his shoes, hose, and saddle, which were near the remains.
The above incident is, of course, deplorable; but it affords me pleasure to state that under the circumstances no responsibility could be laid on the Mexican Government, as Mr. Sayles was perfectly aware of the dangers of the trip before starting.
He was well armed.
I simply desire that if you can soon effect the arrest of the guilty parties, the same should be properly punished.
Yours, truly,
Gideon Giroux to Manuel T. Cubillas.
As the lamentable death of Mr. A. W. Sayles, caused by the Yaqui Indians, might be interpreted by the public in a manner unfavorable to the authorities [Page 1137] of the State, I have not hesitated to state that as many times as I have asked for an escort and other assistance from the authorities the same have been furnished promptly, either for me personally or for the company I represent, which was a fact well known to Mr. Sayles.
When the latter gentleman started for Carbo, my son, Mr. Albert Cunningham, warned him of the danger, advising him to take two or more men with him, which he refused to do, saying that he was not in danger, while we considered his act as reckless, as it was not the first time that he had done the same thing. It was not on account of the lack of assistance on the part of the authority, as we always depend upon it and is willingly imparted to us at all times.
Inquiry into the murder of Albert W. Sayles.
(Seals.)
The governor of the State has ordered that without any loss of time you instruct the minor judge at that place, whom you will efficiently assist in his proceedings, to institute at once a detailed investigation with respect to the murder of Mr. Albert W. Sayles, and transmit immediately the record of the same to this department.
Hermosillo, January 15, 1906.
Alberto Cubillas, Clerk.
To the Chief of Police at Carbo Station.
I inclose for proper action a communication received at this office from the secretary of government of the state. Carbo Station, January 16, 1906.
M. F. Cubillas, Chief of Police.
To the Minor Judge.—Present.
(The seal of the minor court.) The above was received at 8 o’clock a.m. of the same date.
(A signature.)
Carbo Station, January 16, 1906.
Institute the investigation relative to the matter mentioned in the above communication.
Signed and ordered by the minor judge.
Attest: Juan Forte, José Cubillas, Antonio V. Islas, rubrics.
Immediately afterwards I proceeded to take the declaration of the chief of police of this place, Mr. Manuel T. Cubillas, who, after taking the oath of law, said that his name is as stated above, 30 years old, a single man, native of Guaymas, and a resident of this locality.
Upon being examined according to law, he said that he was personally acquainted with Mr. Albert W. Sayles, who for the last two months had been living at the La Sultana mine, situated about 9 leagues (27 miles) from here, where he worked as assistant manager of the Giroux Consolidated Mines Company; that the above said gentleman lived alone and had informed the deponent that he had a family in the United States; that he would often come to this station without any escort and at other times he would be accompanied by some of the employees or companions who worked at the same mine; that the deponent several times warned Mr. Sayles against the danger he would run by traveling by himself as he did; that Mr. Sayles did not listen to the warning and never believed there would be any danger of being assaulted by the Yaquis in that neighborhood, because they were apparently at peace for a period of about a month and a half, since nothing was heard of them during that time; that on the second day after the American, Sayles, had left the mine the deponent being unable to recollect the exact date, he was asked by the superintendent of the mine whether Mr. Sayles had arrived at this place, to which the deponent answered negatively; that so soon as the deponent was convinced of Mr. Sayles’s disappearance he reported the matter by wire to the governor of the State, the latter ordering that a search be made, which the deponent did [Page 1138] by setting out with 10 mounted men under his command, the result of which search was the finding of the remains of Mr. Albert W. Sayles at a place called El Matadero, the discovery having been made by the deponent’s foreman, Antonio Mendez; that the remains consisted in the skull already uncovered, one of the femurs, several pieces of ribs, and some hair from the head, the identification having been made by the boots, hose, a cord, and the saddle, which articles were found near the remains and are well known to the residents of this place; that the above said remains and other articles mentioned were taken up by four men from the escort and two Americans and were turned over to the court. That the deponent is of the opinion the American was murdered by the rebel Yaqui Indians, on account of the peculiar trails left by them when the crime was committed and because it was well known that two parties of Indians were marauding near the place where the remains were found; that the captain of the federal troops, Jesus Belma, found two heads of cattle which had been recently slaughtered by the Indians near the place where the murder was committed on Sunday afternoon of the 7th instant; that the American, Sayles, did not have any enemies, as on the contrary he was well liked on account of his good behavior, and that he did not have any vice; that with respect to the dead cattle and trails of the Yaqui Indians opportune advice was given to the general commander of the zone and to the governor of the State. The above was ratified by the deponent and signed.
Attest: Forte, M. T. Cubillas, José Cubillas, Antonio V. Islas.
Immediately afterwards the court attested that it had before it a human skull, which shows a fracture on the right side forming a cavity of about 15 centimeters circumference; a femur; six pieces of ribs; a pair of miner’s boots, tan color; a bunch of chestnut hair; a hose; and a saddle lacking the saddle flats, stirrup straps, girdle strap and belt, the seat, rings, and one stirrup; which I have entered before witnesses.
Attest: Forte, José Cubillas, Antonio V. Islas.
Immediately afterwards, there appearing Mr. Manuel Badilla, of the escort which made the search for the American, Albert W. Sayles. He took the legal oath and said that his name is as above stated, 39 years old, married, a laborer, native of San Miguel de Horcacitas, and a resident of this place.
Having been examined in the proper form, he said that on the 11th instant he set out as an escort, with other nine men, at the command of Mr. Manuel T. Cubillas, in order to make a search for the American, Albert W. Sayles, who had got lost on the field while traveling from La Sultana mine to this station; that they first made the search for him near the places named Punta de Agua, El Matadero, Tozotal, and Cerro de los Novillos, without finding him, and therefore returned to this place; that on the following day the deponent, Antonio and Jose Maria Cañez and Manuel Teran, who were members of the escort, set out in search of the horse of the dead man and found the same at Batobabi ranch, where the horse was from originally, and brought it to this station in the afternoon; that on the next day in the morning, by order also of the chief of police, they again set out to incorporate themselves in the rest of the escort commanded by Manuel T. Cubillas and accompanying, at the same time, the bookkeeper of the Sultana mine and another American, who were going to said mine; that at a place on the highway called Garambullo they were met by Antonio Mendez, a foreman of Manuel T. Cubillas, who told them that he had found a tree of the saddle used by the American, Sayles, which he showed to the deponent and party, and, having been led to the spot where Mendez had found the tree, which spot is called El Matadero, they also found the remains and the other objects placed now before him, and which were delivered to Chief of Police Manuel T. Cubillas; that he is of the opinion that said remains belong to the American, Sayles, because he remembered the deceased’s horse quite well and could recognize his boots; that he has not the least doubt that the rebel Yaqui Indians committed the murder of the American, because during the days in which the above misfortune occurred the Indians killed four men in the vicinity of Opodepe; next they slaughtered two head of cattle at Batababi, which the deponent saw shortly after they had been cut up, and because the same were robbed at that point from the cowboys in charge of them, the American’s death having occurred on the next day, who was probably beaten to death with a stick, because the skull found presented a fracture on the right side, which appears to have been caused by a blow with a stick; and because, near the place of the occurrence, they found a stick which had been recently cut from a tree called palo dulce, [Page 1139] with which the killing of Mr. Sayles was probably effected. The deponent ratified the above and signed.
Attest: Juan Forte, Manuel Badilla, José Cubillas, Antonio V. Silvas, rubrics.
Immediately afterwards, then and there appeared the superintendent of La Sultana mine, and gave the following as his personal description: That his name is Gideon Giroux, 60 years old, married, a native of Canada, resident of this vicinity, and not related to the deceased.
Upon being properly examined, he said that on the 9th instant he was at La Sultana mine and saw that on the morning of said day Mr. Albert W. Sayles left in haste for this station, riding a spotted horse, and without any company, for the purpose of answering a telegram he had received from the deponent’s brother, who is the president of the Giroux Consolidated Mines Company, owning La Sultana mine; that the deponent said nothing to Mr. Sayles of the danger of an assault from the rebel Yaquis, because the deceased would generally travel alone, notwithstanding the fact that he had heard of the acts of the Yaquis in the vicinity of La Sultana; that according to a previous arrangement between them, Mr. Rafael Teran was to meet the deponent at La Sultana, in order to proceed therefrom to this station, where they were to meet Mr. Sayles on the following day, concerning a land deal; that Mr. Teran did not come for fear of the Yaqui Indians and the deponent remained at the mine; that about two days later, as Mr. Sayles did not arrive, the deponent sent an inquiry to Mr. Manuel T. Cubillas, at Carbo, the latter answering that Mr. Sayles had not arrived at said place, for which reason the deponent sent two of his sons and four or five other men to look for Mr. Sayles, though they were unable to find him, until recently, when the foreman, Antonio Mendez, discovered the remains of the deceased and other articles now placed before him; that he can assure that said remains are those of Mr. Albert W. Sayles, as he can identify the boots, the tree of the saddle, and Mr. Sayles’s spotted horse, which was found afterwards; that no one is to be blamed for the death of Mr. Sayles, except his own recklessness in setting out by himself, knowing, as well as he did, that there was danger of the Yaqui Indians while on the road; that, according to information he received from Sayles, the latter was married to a lady living in one of the Southern States of the United States, from whom he had no children. The deponent ratified his statement and signed, after the same was read to him, in the presence of the judge and attending witnesses.
Attest: Juan Forte, Gideon Giroux, José Cubillas, Antonio V. Islas, rubrics.
On the same date there appearing Mr. Manuel Teran, he took the oath of law and said that his name is as stated above, 38 years old, married, a laborer, native of Rayón, and resident of this place.
Upon being properly examined, according to the reference made about him in the declaration of Manuel Badilla, he answered that the above said declaration is true; that the facts occurred as stated, and added that the bookkeeper of La Sultana accompanied them when they were looking for Mr. Sayles.
After his declaration was read to the deponent, he ratified it, but did not sign because he did not know how to write.
Attest: Juan Forte, José Cubillas, Antonio V. Islas.
Immediately afterwards, there and then, appeared another witness, and after taking the oath of law, he said that his name is Antonio Cañez, 19 years old, a single man, cowboy, native of San Miguel de Horcacitas, and a resident of this station.
Upon being examined according to law and the reference made about him in the declaration of Manuel Badilla, which declaration was read to him, he said that the facts stated by Badilla are true, because the same occurred as set forth. He ratified the above after the same was read to him, but did not sign because he did not know how to write.
Attest: Juan Forte, Jose Cubillas, Antonio V. Islas.
On the same date, there and then, appeared another witness from the escort hereinbefore mentioned, and after taking the legal oath, he said that his name is Jose Maria Cañez, jr., 23 years old, a single man, a laborer, a native of San Miguel de Horcacitas, and a resident of this place.
After being examined according to law and the reference made about him in the declaration of Manuel Badilla, he said that he agrees to everything stated by Badilla because it is the truth, and that the facts occurred as stated and in his presence. He ratified the above and signed after hearing it.
Attest: Juan Forte, José Maria Cañez, José Cubillas, Antonio Islas.
[Page 1140]During the present session Mr. L. H. Williams was properly sworn, and said that his name is as stated, 23 years old, a single man, a miner, native of Texas, United States of America, resident of this locality, and not related to the deceased.
Upon being examined in the proper form he said that he came to this station from Hermosillo, accompanied by the bookkeeper of La Sultana mine, four days after the disappearance of the American, Albert W. Sayles; that they had immediately left for La Sultana escorted by four mounted men, and that on the road they were met by foreman of the wagons owned by Manuel T. Cubillas carrying a saddletree he claimed to have found near a place called El Matadero; that having proceeded to the latter place they found the remains of the body of the American and the articles now placed before him; and that after the above they all proceeded to La Sultana; that said remains undoubtedly belong to the American, Albert W. Sayles, on account of the shape of the skull and because he remembers the boots and saddle used by the deceased. He ratified the above after hearing it and signed.
Attest: Juan Forte, L. H. Williams, José Cubillas, Antonio V. Islas.
Immediately afterwards there appearing Mr. Louis Giroux, he was sworn in the proper form, and said that his name is as stated, 18 years old, a single man, a miner, a native of Oregon, United States of America, and resident of this place, and not related to the deceased.
Having been asked to state all he knew with reference to the case under investigation, he answered that he was acquainted with the deceased, Albert W. Sayles, and is well aware of the fact that the deceased always traveled without an escort from this station to La Sultana mine; that sometimes the deponent and his brother would go with him, and others, the deponent’s father, riding on a carriage; that the last time Mr. Sayles set out on horseback by himself from La Sultana to this station; that the deponent’s brother asked Sayles not to go alone, because there was danger on the road from the Yaqui Indians; to which the deceased replied that he believed there was no danger, and that if he was killed he did not care; that two days from that date the disappearance of Sayles was noticed, his remains having been found at a place called El Matadero; that on account of the above the deponent is certain that said remains belong to Sayles, on account of the shape of the skull, the boots he wore, and the saddle and horse which were found and owned by the deceased. After the above was read to him, he ratified and signed the same.
Attest: Juan Forte, Louis J. Giroux, José Cubillas, Antonio V. Islas.
Immediately afterwards a notation was made on the record with respect to the fact that the bookkeeper of La Sultana mine and Manuel Z. Cubillas and Antonio Mendez were not examined because they were not at this place, their return being unknown.
The above is a copy from its original to be transmitted to the secretary of the government of the state, the record comprising nine folios, properly compared and corrected, authorized and signed by me before attending witnesses, at Carbo Station, January 16, 1906.
Jean Forte, José Cubillas, Antonio V. Islas.
Subsecretary of Government.