File No. 419.11D29/44.
The American Minister to the Secretary of State.
Panama, June 9, 1913.
Sir: Referring to my despatch No. 443 of May 14th last, relative to the investigation now being made by the Judge of the Superior Court of Panama into the disturbance which took place at Cocoa Grove, Panama, on July 4th last I have the honor to inform you that nearly all the American witnesses and a number of the Panaman [Page 1077] witnesses, whose testimony was furnished by the Legation to the Panaman Government, have now appeared before the Judge who has caused them to sign and swear to their former affidavits and statements. This the witnesses have readily done in all cases, some of them being also cross-examined by the Judge. This cross-examination has occasionally brought out some new facts of importance. Mr. Wicker, Secretary of the Legation, has been present during all the examinations of these witnesses and reports that the attitude of Judge Arosemena and Judge Guardia, who has now temporarily replaced him on account of his illness, has appeared to be satisfactory. Nevertheless as Judge Guardia was the Judge who conducted the extraordinarily partial investigation into this matter made by order of the Arosemena Administration, his acting as Judge in the present investigation seems most improper. I have accordingly taken occasion to intimate this strongly both to President Porras and to Señor Lefevre, Minister for Foreign Affairs, both of whom stated that they agreed with me entirely but that as Judge Guardia was the first substitute Judge (Suplante) in Judge Arosemena’s absence he was obliged by law to take his place. They further stated that Judge Arosemena would return to his duties in about two weeks and that if Judge Guardia failed in any way to do justice, the case would be brought before the Supreme Court in which the majority of the Judges were friendly to the Administration. I replied that I must nevertheless strongly urge that Judge Guardia should not conduct the investigation further and reminded President Porras and Señor Lefevre of the responsibility toward our Government which the Panaman Government would incur if this Judge should continue to act. [The] President and Señor Lefevre finally stated that every effort would be made to have Judge Guardia replaced in the investigation. I have also now addressed a note to Señor Lefevre formally stating the above-mentioned objections against this Judge and the Panaman Government’s responsibility in allowing him to act further.
I have also taken occasion to express some disappointment to President Porras and Señor Lefevre that although strong testimony against certain ex-policemen was now in evidence, no arrests had been made or criminal prosecutions begun. Both assured me that the ex-policemen in question were being watched and could not leave the country. Before beginning these precautions, however, they considered that it would be desirable to complete the investigation or at all events proceed with it further than at present. President Porras and Señor Lefevre reiterated with the greatest earnestness their strong determination to find and punish the guilty in this affair, which President Porras stated he considered necessary for the honor of his country.
In my despatch No. 443 above mentioned, I have referred to the fact that a number of our witnesses, some at least of whose testimony appears to be of importance (as that of George T. Stokes and Isaac J. Thomas, an ex-marine private), are no longer on the Isthmus and so are unable to sign and swear to their affidavits before the Panaman Judge as required by the Panaman law. I have invited Señor Lefevre’s attention to this matter in a note, to which I have received a reply stating that he had requested the Superior Judge to issue letters rogatory to secure the testimony of these witnesses.
[Page 1078]I have recently received from Captain Barber, Chief of the Zone Police, what purports to be an original sheet giving the numbers and duties of all the Panaman policemen on duty on July 4th last. Captain Barber advises me that this sheet was handed to him by General Pretelt, Chief of the Panaman Police, who informed him that he was entirely willing that it should be transmitted to the Panaman Government and also that he was willing to furnish to the Government the names of all the policemen whose numbers appear on this sheet, which I have transmitted to Señor Lefevre with a note informing him of its origin and of General Pretext’s readiness to give the names of these policemen. This evidence should be of very material assistance in the investigation.
I have [etc.]