File No. 9160/58.
Memorandum from the Guatemalan Legation.
Washington, December 6, 1907.
Under instructions from my Government, I have the honor to make to the honorable Secretary of State the following statement of facts regarding the incident which took place at Zacapa (Republic of Gautemala) respecting the arrest by the local authorities of the American citizens, negroes, Simon Shine, and George Miliquin or Milliken:
On the 16th of last September George Milliken, an employee of the railroad at Zacapa, went to the liquor saloon kept by Simon Shine, where colored people frequently gather for the purpose of drinking and gambling, thereby disregarding the regulations of the authorities and the laws of the country in the matter. Milliken, after having taken liquor until he had completely lost control of himself, caused an extraordinary disturbance by vociferating that he had been beaten and robbed of the money he had while he was in the Shine tavern.
By reason of the above, the police appeared, and as Shine refused to accompany Milliken, making lively efforts to oppose the authorities, it was necessary to put him in handcuffs. From the personal testimony of Milliken the truth of all this is shown, it also appearing that that personage had drunk until intoxicated, in company with other negroes, and that he can not say how he was beaten, which is not to be wondered at, since he himself confesses that when he drinks excessively he becomes crazed to such a point as to cause the worst consequences for him.
The departmental surgeon, who performed an examination upon the above-named persons, stated that there were wounds of a slight character, which would heal in five or six days, and this was confirmed by another surgeon.
From the above it is apparent that the matter concerns a dispute between colored people, who, unfortunately under the influence of alcohol, were-accustomed to lose control over themselves; and that the authorities limited themselves to repressing the disturbance in accordance with the duty which the law imposes upon them. Unfortunately Dr. Wailles, in reporting touching the wounds suffered by [Page 415] Shine and Milliken, evidently made an exaggeration, which induced the chargé d’affaires of the United States, Mr. Sands, to present to the Gautemalan foreign office a formal claim, demanding the immediate payment of $5,000 to each one of the parties.
The Government of Guatemala, which has as a first principle the maintenance of its good and cordial relations with the United States, and which has always endeavored to arrange the difficulties which arise, is firmly disposed to continue an impartial and active investigation of the facts above related; and even though it believes that it can not be held responsible for a quarrel arising between private parties, it requests, through me, that, in order to determine the justice of this matter, the necessary further time may be conceded to conclude the indispensable steps for the clearing up of the facts and for the submission of documents which will permit a settlement of the incident in an equitable, definite, and satisfactory manner.