File No. 319.1123L25/24.
Minister Price to
the Secretary of State.
[Extract.]
No. 708.]
American Legation,
Panama,
December 7, 1915.
Sir: Referring to my despatch No. 675 of
November 11, I have the honor to transmit a copy and translation of
a note received from the Secretary of Foreign Affairs last Saturday.
I have made prompt response and send also a copy of same.
Brigadier General C. R. Edwards, Military Commander of the Canal
Zone, having designated Captain Oliver Edwards as the representative
of the military authorities in such further investigation as might
be had herein, I sent him copies of Señor Lefevre’s note and of my
response and suggested that he have Captain Edwards come down
promptly and let me forthwith present him to the Secretary of
Foreign Affairs and attend the further proceedings in these matters
under the limitation of authority suggested by the Department in its
instruction No. 191 of October 19 last. Pursuant thereto I have this
afternoon presented Captain Edwards at the Foreign Office, and Señor
Lefevre set Friday next for him to meet with the Attorney General in
conjunction with Señor Lefevre, and to make arrangements for the
hearing of additional witnesses and the pressing forward of the
investigation of the late riots in the cities of Panama and
Colon.
General Edwards advises that the list of soldier witnesses to be
presented before the Panaman authorities will now be furnished
within a few days.
I have [etc.]
[Inclosure 1—Translation.]
The Secretary for Foreign
Affairs to Minister Price.
No. S–8533.]
Foreign Office,
Panama,
November 30,
1915.
Mr. Minister: I have the honor to
refer to the polite notes of your excellency, Nos. 234, 253, and
260, of the 7th and 30th of October and of the 8th instant,
relating to the happenings in Colon on April 2 last.
[Page 1220]
As additional information to that which I was glad to send to
your excellency in my note of September 30, I shall have the
honor to include, as soon as I receive it from Colon, a list of
the policemen who were on duty in the city of Colon on April
2.
As I said in the above-mentioned note, this office, as an act of
courtesy towards your excellency’s Government and in order to
give a proof of the impartiality with which the Panaman judicial
power proceeds, has been studying, in conjunction with the
office of the Prosecuting Attorney, the means by which your
Legation can have representation at the hearing of the recent
criminal causes resulting in riots in the cities of Colon and
Panama, in which American citizens were involved; and now I am
glad to tell your excellency that the Prosecuting Attorney of
the Superior Court thinks that the only way of obtaining this
end, in conformity to our law, is that your excellency appoint a
representative who shall get in touch with him and who can ask
questions and cross-questions during the progress of the case,
through the Prosecuting Attorney, and acquire in this way the
necessary information and bring into the case nil the proofs he
desires and which have not been recognized by our judicial
authorities.
In virtue of which I beg your excellency, if you think it
suitable, to appoint this representative, who should know
Spanish and if possible have some knowledge of our laws.
I permit myself to remind your excellency that as yet this office
has not received the names of the witnesses which the American
military authorities hold ready to testify before our judicial
authorities, according to the statement of your excellency, and
I request you to please send it as soon as possible so as to
avoid further delay in the hearing of the case.
I take [etc.]
[Inclosure 2.]
Minister Price to the Secretary for
Foreign Affairs.
No. 267.]
American Legation,
Panama,
December 6,
1915.
Excellency: I have the honor to
acknowledge the receipt on Saturday of your excellency’s note
No. S–8533, in response to several late notes of mine relating
to the matter of the riot in the city of Colon on April 2
last.
Your excellency will permit me to express regret that none of the
questions seeking information respecting the investigation in
this matter which were left unanswered by your excellency’s
note, No. S–8057, of September 30 last, is yet answered by the
note now received, including the list of policemen on duty in
Colon on the day mentioned, and as well the designation of which
of the witnesses were eye-witnesses in the list of those
submitted by your excellency’s former note.
I note that your excellency states that your excellency’s office
in conjunction with the Prosecuting Attorney has been studying
the means by which this Legation can have representation at the
hearing of the recent criminal causes resulting in riots in the
cities of Panama and Colon, and that your excellency reports
that the Prosecuting Attorney of the Superior Court thinks that
the only way of obtaining this end is for such a representative
to get in touch with him, and who thus will be given the
privilege of asking questions during the progress of the cases,
but only through the medium of the Prosecuting Attorney, and
thus to acquire information useful in bringing into the cases
testimony which may not have been presented by the judicial
authorities of Panama. Your excellency is kind enough to offer
to suggest that this representative be appointed.
In reply thereto, I have the honor to advise your excellency that
Brigadier General C. R. Edwards, Military Commander of the Canal
Zone, has designated Captain Oliver Edwards as the
representative of our military authorities in the Canal Zone to
attend the prosecutions conducted by your excellency’s
authorities in said cases, provided this may be acceptable to
your excellency’s Government; but said representative under all
the circumstances will not take part in the conduct of such
prosecution. This Legation, while appreciating the courtesy of
the offer of your excellency, in view of the whole situation
will offer no one as its representative in a capacity described
by your excellency.
It is presumed that in no sense will it be expected by your
excellency’s Government that any part taken by any one connected
with my Government in
[Page 1221]
these matters will be construed as any assumption of
responsibility for the institution or outcome of any
investigation or prosecution herein, and acting upon said
presumption the designation of Captain Edwards is made.
There is further noted the reminder of your excellency’s note
that the names of witnesses which the American military
authorities hold ready to testify before Panaman judicial
authorities have not been sent in.
In view of the prolonged delay of your excellency’s authorities
in furnishing my Government information asked for in this
matter, the tardiness of such investigation as has been made,
the failure thus far to give any information as to which of the
comparatively small number of witnesses having any direct
knowledge of the happenings on said occasion, and the further
fact that your excellency in your note of September 30
represented that you would later communicate the decision that
might be arrived at with reference to the manner that my
Government might have representation in these affairs in
connection with the assurance that my Government would ha thus
convinced that the investigation is being carried on by your
excellency’s authorities with all possible decision and justice,
it seemed the proper conclusion that your excellency did not
expect the list of the witnesses examined by our military
authorities, who have been available to your excellency’s
Government ever since the happening of this event, until my
Government might have the additional communication proffered as
aforesaid in your excellency’s note above mentioned.
My Government would be pleased to know the present status of this
investigation and what, if any, further steps have been taken
since the receipt of your excellency’s said note, No. S–8057, of
September 30, beyond the reaching of the conclusion communicated
by the last note of your excellency, regarding the manner in
which a representation from our authorities might be permitted
to take any part in this investigation.
Again I would respectfully request for my Government the balance
of the information now so many times asked for and that the good
offices of your excellency may be exerted so that all diligent
and sustained efforts on the part of those having
responsibilities in these matters without further delays may be
put forth to remedy the wrongs committed on the occasions of
these riots, and to search out those guilty and to impose
penalties of a character that should be a deterrent in the
future against a repetition of such events.
I avail [etc.]
