File No. 319.1123L25/10.
Minister Price to
the Secretary of State.
No. 552.]
American Legation,
Panama,
July 9, 1915.
Sir: I have the honor to report further
with reference to the matter of the prosecution of the Panaman
policeman whose arrest, as heretofore reported by me, was
accomplished at the instigation of our military authorities shortly
after the riot between our soldiers and Panaman policemen and
civilians in Colon on April 2 last.
Referring to my despatch No. 469 of April 10, 1915, and the
Department’s cables followed by instructions No. 134 of April 23, I
enclose a copy of a note and its translation from the Secretary of
Foreign Affairs of Panama notifying me that he felt obligated to
release said policeman from further custody. This note bore date of
June 26, but was not delivered to this Legation until the afternoon
of June 28 during the absence of the Secretary of Foreign Affairs of
Panama in Colon and while I happened to be away from the Legation in
conference with Acting Governor Harding of the Panama Canal.
As soon as I translated said note after its receipt I went at once to
the Panaman Foreign Office, and though not finding Señor Lefevre in,
I protested to the Subsecretary against the contemplated release of
the policeman, and had them call police headquarters. They reported
him still in custody. I communicated the matter to Brigadier General
Edwards as promptly as possible by telephone, and later again
visited the Foreign Office, this time finding Señor Lefevre. I
protested to him vigorously against releasing
[Page 1204]
said policeman. He assured me he was
still under arrest, and asked me to withhold a formal note until he
could look further into the matter, and promised me that he would
continue to be detained and that he would transmit, to me another
note to that effect. On June 30 the subsequent note came, stating
that his detention would be continued. A copy of same and its
translation are also enclosed.
I enclose further a copy of a formal note sent by me in the matter,
after consideration. This sets forth at length matters involved
herein, and I refer to same and make it a part hereof rather than
summarizing its contents.
It seems that the evidence connecting said policeman with the murder
of Corporal Langdon is somewhat meager, but that accusing him of the
shooting of Private Deloughery and wounding him is quite sufficient
to justify not only a prosecution, but to uphold a conviction.
I have [etc.]
[Inclosure 1—Translation.]
The Secretary for Foreign
Affairs to Minister Price.
Foreign Office,
Panama,
June 26, 1915.
My dear Mr. Minister: I have received
a letter, a copy of which I enclose, from the policeman, who, as
you know, is under arrest in the police station of Panama by my
order as a result of the event which occurred in Colon the 2nd
of April last.
Up to the date of the investigation carried on in relation to
these events no charge whatsoever has been found against him,
for which reason I have no authority to keep him any longer
under arrest and I shall see myself obliged to place him at
liberty, which fact I bring to your knowledge for courtesy to
you and to the military authorities of your Government. Usual
orders will be given in all ways that he be not permitted to
leave the city until further advice.
I take [etc.]
[Subinclosure.]
Sir: With all due respect I address
you to explain the following:
The poor state of my health obliged me to tender my resignation
from the post of Sub-Lieutenant of the National Police Force,
which has been accepted by His Excellency the President of the
Republic by resolution No. 63 dated the 22d of this month; but
when I tried to return to my house to be cured, I was notified
that I could not leave by reason of being arrested by your
order.
In view of this I respectfully request you to give orders for my
liberation, promising to be at your disposition when you need
me.
Your obedient [etc.]
[Inclosure 2–—Translation.]
The Secretary for Foreign
Affairs to Minister Price.
Foreign Office,
Panama,
June 29, 1915.
My dear Mr. Minister: Referring to my
personal letter of yesterday, relating to the matter of the
policeman, I should tell you that I have just learned that the
personal reports which were submitted to me yesterday and were
the cause of my letter, were erroneous and that he is held under
arrest not only by my order but also by request of the judge who
is investigating the events of April 2 last, in Colon.
[Page 1205]
In view of this, I shall not grant the petition of the said
policeman, who will continue to be detained under arrest.
With [etc.]
[Inclosure 3.]
Minister Price to the Secretary of
State for Foreign Affairs.
No. 196.]
American Legation,
Panama,
July 8, 1915.
Excellency: I have the honor to refer
to the two notes of your excellency bearing dates respectively
of June 26 and June 29 last, by the first of which your
excellency indicated that you felt yourself obliged to place at
liberty the policeman who has been under arrest growing out of
the deplorable riot which occurred in Colon on the 2d of April
last (which information was stated to be furnished as a matter
of courtesy to this Legation and through it to our military
authorities), and by the last of which notes your excellency was
good enough to communicate that you would refuse to grant the
petition of said policeman to be released and that he would be
continued to be detained under arrest.
The latter note, following my vigorous protest to your
excellency, made as promptly as was possible after the receipt
of the first note, brought a sense of relief, for I must tell
your excellency again that my surprise was complete and even
more than surprise at the receipt of the first note.
I would refer to conferences which took place between your
excellency and myself just subsequent to this riot and to my
note No. 160 of April 5 last, protesting against the possible
release of said policeman and expressing to your excellency the
expectation that my Government indulged that a prompt and
thorough investigation of said riot would be conducted by the
officials of your excellency’s Government and that a just and
proper visitation of punishment and redress of grievances and
conditions would be had.
I am informed from the investigation conducted by our military
authorities into this matter that proof has been produced of a
strong and convincing character showing said policeman to be
guilty of having shot and wounded Private Deloughery, the
American soldier who, while standing on the end of the train
awaiting to return to his home, was recklessly shot and badly
wounded in the arm; that other testimony has been given
indicating that he may also have been the man who cruelly
murdered Corporal Maurice Langdon on this same occasion. I am
informed further that the representative of your excellency’s
Government was present at least when a part of this testimony
was given before our military investigation and that the guilty
participation of said policeman in certain of the wrongs, of
that day, as proved by reputable witnesses, has been recognized
and acknowledged by an official representing Panama.
The investigation carried on by our military authorities in this
matter, as your excellency knows, was a purely voluntary one for
the purpose of rendering assistance to the authorities of your
excellency’s Government in ferreting out and bringing to
punishment the parties culpable of the grievous misdeeds
committed on that occasion. No responsibility has been assumed
by our authorities for bringing to justice those responsible for
the crimes of that day, because, in fact, no such responsibility
could be assumed. The whole affair occurred on Panaman soil and
within Panaman jurisdiction and the sole responsibility rests
upon the Government of Panama and its authorities to bring the
criminals to the bar, to mete out justice and to make amends for
those distressing events. The residents of the neighborhood
where the troubles of this day occurred are more familiar to
Panama authorities than they could be to any one else; there
were considerable numbers of the national police force of Panama
present during the disturbances and the shootings that took
place; and, therefore, in addition to the responsibility that
rests upon the authorities of Panama, there also exists the
favorable opportunity for them to obtain information and
convicting testimony such as are not accessible to anyone
else.
More that three months have now passed since this riot and not
even one prosecution, it seems, has been instituted by Panama
authorities. The arrest of the accused policeman had to be
accomplished, or at any rate was accomplished,
[Page 1206]
by one of the American military
organizations, Lieut. R. C. F. Goetz, Aid-decamp of Brigadier
General C. R. Edwards; and even in the face of incriminating
testimony a rumor became current a few days after his arrest
that he was to be released; and now again it would appear that a
disposition of leniency toward the accused man exists somewhere
which ordinarily might be construed to be out of keeping with
the earnestness and diligence which my Government has been
relying upon as animating the prosecuting authorities of Panama
after the catastrophe which took place in Colon on the day
mentioned.
Our military authorities ever since this happening have stood
ready and now stand ready to extend such aid as they can to your
excellency’s authorities in the conduct by the latter of
vigorous prosecutions in this affair; but again I call to the
attention of your excellency that the initiative and burden and
responsibility in the whole matter rests with your excellency’s
Government.
As one of the aids in attempting to place responsibility it was
deemed some time ago that it would be helpful if a list could be
procured with their corresponding numbers of the police force of
your excellency’s Government on duty on the occasion of this
occurrence in Colon, and information as to the particular
section or district to which the respective numbers thereof had
been assigned and were on duty at the time. I must inform your
excellency that although four or five requests have been duly
made by our American consular representative in Colon for such
list and information, they have all been without avail. I deem
it proper further to inform your excellency that the rumor has
come to our authorities: that the accused policeman has for some
weeks been kept in only technical custody and not under actual
arrest and custody at all.
In view of all the foregoing I would respectfully solicit from
your excellency on behalf of my Government information upon the
following points, which for the sake of convenience and
clearness are classified serially as inquiries, in the following
manner:
- First. Has any criminal charge been lodged against
said policeman or any other person growing out of the
riot of April 2, in Colon; and if not, the reason
why?
- Second. What has been the nature of the detention and
custody of said policeman since the time of his first
arrest, and at what different places has he been since
that time, and what is the nature of the custody now
being exercised over him?
- Third. If no criminal charge has been lodged or
prosecution begun against said policeman or any one else
pursuant to said riot, what is deemed necessary yet to
be done before such charge may be entered and such
prosecution begun?
- Fourth. How many Panaman policemen and residents of
the vicinities of said disturbances and eyewitnesses
thereto have been brought before authorities of your
excellency’s Government and made to testify regarding
said troubles, and what are the names of them?
- Fifth. What are the names and numbers of the National
Police force serving in Colon at the time of this riot,
and where were they assigned to duty and where were they
actually on duty at said time?
Your excellency, I am sure, must know how very much these
outbreaks, occurring from time to time and now twice within
recent months and resulting in each instance in the wounding and
maiming of American citizens, have hurt and torn the feelings of
my countrymen and have exasperated my Government. Considering
the privileges accorded my Government under its treaty existing
with Panama, its patience and forbearance under these trying
circumstances have been most kindly. Not only the ability of
Panama to maintain order, but its proper inclination to do so
and certainly its active interest in having same maintained and
examples made of those (the infliction of punishment upon whom
might serve as a deterrent as well as impose just retribution,
as distinguished from, at least, an indifferent attitude in the
matter), have now been put to the test as perhaps never
before.
With the fullest respect for the motives that animate your
excellency, I appeal to the exercise of the energies and powers
of your excellency’s office to the intent that such other
departments of your excellency’s Government as may be more
directly charged with the fulfillment of duties arising out of
situations of this kind may be stirred to an activity that may
bring forth beneficial results.
I avail [etc.]
