File No. 319.1123L25/31
In the matter of the investigation being conducted by the Panaman
authorities upon the Colon riot of April 2, 1915, I have the honor to
report that upon reading the report of Captain Oliver Edwards upon the
conduct of this investigation, I found the following paragraph:
I thereupon addressed a communication to Colonel Adelbert Cronkhite, now
commanding the United States troops in the Canal Zone in the absence of
Brigadier General C. R. Edwards, asking for full information with
reference to treatment accorded the representative of our military
authorities at this investigation and as to whether the courtesy,
consideration and opportunities had been extended by the Panaman
authorities to the representatives from our military headquarters, to
which they were entitled in the opinion of the commander of the
troops.
The response of Colonel Cronkhite to this letter I have copied in full,
with the exception of the first paragraph thereof, in a Foreign Office
note sent by me to the Secretary of Foreign Affairs of Panama. A copy of
this Foreign Office note is herewith enclosed.
A day or two ago the Secretary of Foreign Affairs of Panama took occasion
to state to me that he had been informed by the Panaman investigating
authorities that they were about ready to conclude their investigation,
and that he would be glad to know whether this was agreeable to our
military authorities. I replied to him at once with expression of
surprise that I knew it would not be agreeable; that I had understood
that proper opportunities had not been given our witnesses to appear or
to testify fully and that I could not emphasize too strongly to him the
expectations of my Government as to energetic, sincere and earnest
action on the part of Panama in searching out those guilty of committing
the wrongs on this occasion and in prosecuting them vigorously.
I refer to the file in this case, and particularly to my repeated notes
to the Secretary of Foreign Affairs of Panama and reports of conferences
with him, and should be glad to have such suggestions from the
Department as it may care to give as to what further steps I may be
authorized to take in an attempt to procure fulfillment by Panama of its
obligations in this matter.
[Inclosure]
Minister Price to
the Minister of Foreign Affairs
No. 285
American Legation,
Panama,
March 14, 1916.
Excellency: Reverting to the matter of the
preliminary investigation which has lately been in progress by
authorities of your excellency’s Republic of the riot, which took
place in the city of Colon on April 2, 1915, I have the honor to
quote the following from a communication received today by this
Legation from Colonel Adelbert Cronkhite, now commanding our
military troops in the Panama Canal Zone, namely:
Governor Fernandez conducted the preliminary investigation of
a great many soldier witnesses at which investigation Lieut
d’Alary Fechet, 5th Infantry, was present. On March 2,
Lieut. R. C. F. Goetz, 1st F. A., Aide-de-Camp; Private
Foster, Company A, 10th Infantry; Private Seely, Company B,
5th Infantry; and Private Hartley, Q. M. Corps, appeared at
Governor Fernandez’s office for the alleged purpose of
identifying the Panamanian policemen whom they had seen
misconduct themselves at the riot. On this date, the
Panamanian police, ostensibly brought over from Colon, were
in civilian dress. A protest was made on account of the
manifest unfairness of seeking an identification under such
conditions, so the policemen were ordered to report the next
day in uniform. On this date, Lieut. Goetz first designated
a policeman as one whom he believed that he had caused to be
arrested in Colon on the day of the riot as Corporal
Langdon’s murderer. On second thought, Lieut. Goetz stated
that he was not sure of the man and desired to examine them
all again, but this request was refused on alleged legal
grounds, for that day and later this refusal was sustained,
it is understood, by the Superior Court. The four enlisted
men called, stated that they could not pick out Corporal
Langdon’s murderer as they had not seen the corporal killed.
This fact was recorded in evidence and it is to be noted
that not one American witness was called who had testified
that he had seen Corporal Langdon shot. And yet the evidence
given before the Panamanian authorities showed plainly the
names of the witnesses who had seen this particular
shooting. Two of the soldier witnesses called stated that
they could pick out among the policemen, the men who fired
on the special train. They were informed, however, that they
could not do this, as they were called only to pick out
Corporal Langdon’s murderer and for no other purpose.
Governor Fernandez stated to Lieut. Fechet that this
identification was called, and conducted in accordance with
a letter sent by the Prosecuting Attorney, Señor Almenger,
the Superior Judge, Señor Arosemena, and forwarded by the
latter to Governor Fernandez for compliance. Eight
Panamanian policemen were brought before the witnesses for
identification. It is believed that only one of these eight
policemen were on duty at the time of the riot. Therefore,
even had the soldier witnesses called, been those that saw
Corporal Langdon shot, they would have had opportunity to
identify but one of the many policemen who were on duty in
Colon, on the day of the riot.
All that has been done in the hearing of the Colon riot case
by the Panamanian authorities, so far as known to these
headquarters, is the taking of evidence and the attempted
identification referred to. As can readily be seen,
practically nothing has been done as to the identification
of the Panamanian police guilty of misconduct at the
riot.
An alleged list of the Panamanian policemen on duty in Colon
in the district where the riot occurred, on the date of the
riot, was sent to the American Minister by the Panamanian
Secretary of Foreign Affairs, as an accompaniment to the
latter’s letter of September 30, 1915. This is not a full
list of all the Panamanian policemen on duty in Colon on
April 2, 1915, as the name of Carlos Nunoz, Policeman No. 3,
whom Lieut. Goetz caused to be arrested near Broadway and
11th streets, on the day of the riot, does not appear in the
list. Almost a year has elapsed since the riot. The passing
of each day renders the identification of the guilty
Panamanian policemen more difficult. Therefore, it is most
earnestly requested that, without further delay, all
witnesses who saw any shooting on the part of any Panamanian
policemen during the Colon riot be given full opportunity to
identify the policemen, whether they were shooting at
Corporal Langdon or at any other Americans. It is to be
remembered that there were other American soldiers shot
besides Corporal Langdon. For this purpose the Panamanian
policemen, on duty in any part of Colon on the day of the
riot, should be brought before witnesses for identification,
as perhaps the majority, if not all of the policemen were
present at some part of the riot.
The witnesses to the shooting of Corporal Langdon are: [List
of 15 witnesses not printed.]
The witnesses to further firing by the Panamanian police on
Americans are as follows: [List of 27 witnesses not
printed.]
I think that it is clear that the identification, so far had,
is rather more of a farce than anything else. If the
Panamanian authorities were anxious to do the proper thing
in regard to ferreting out the parties responsible for the
firing, action should have been taken long ago, but since it
has not been, it should be taken at once, and all witnesses
given an opportunity to see all Panamanian police who were
present at the riot. It is recommended that this matter be
laid before the Panamanian authorities, and that they be
requested to take up in earnest the question of
identification of Panamanian policemen by Americans, and
this without further delay.
In view of the statements contained in said communication your
excellency, I am sure, will concede the naturalness of the very
large surprise which has increasingly possessed me, since your
excellency told me a few days since of being informed by the Panaman
investigating authorities that they were about
[Page 926]
to conclude this investigation,—your
excellency kindly adding that yon would be glad to know whether our
military authorities were agreeable to this.
This communication is submitted to your excellency with the confident
hope that it will receive the earnest consideration in the office
over which your excellency so capably presides, to which it is
believed to be entitled, and, also, that action of a thorough and
prompt character may follow at the hands of your excellency, which
will be really effective in the premises.
The references in said communication will be particularly noted to
the experience of Lieut. Goetz, who was refused an opportunity of a
second inspection of certain policemen for purposes of assuring
himself of correctness in the matter of identification, and that
such a ruling was sustained by the Superior Court; that besides
Lieut. Goetz, only four soldiers have been called for purpose of
making identifications and not one American witness among those who
had already testified before the Panaman authorities that they saw
Corporal Langdon shot, has been subsequently called to make
identification; that when two of the soldier witnesses stated on the
occasion of their summoning that they could pick out among the
policemen the ones who fired on the special train the day of the
riot, they were informed they could not be allowed to do this, as
they were summoned only to identify Corporal Langdon’s murderer and
for no other purpose; that the proceedings thus far as to
identification have been conducted, according to the statement of
Governor Fernandez, in accordance with a letter from the Prosecuting
Attorney of Panama to the Superior Judge of Panama, Señor Don
Demosthenes Arosemena, and forwarded by the latter to Governor
Fernandez; that of all the Panaman policemen engaged in the events
of this riot only eight have been called and submitted to inspection
of our soldier witnesses for identification.
Your excellency, I am convinced, can not deem it inappropriate for me
to refer expressly to my Foreign Office note No. 267 of December 6,
last, and to the repeated and insistent requests presented
theretofore for information, which it was believed would be helpful
in the conduct of this investigation. I now again respectfully
request the balance of the information asked for in my prior
repeated notes.
If this information now so long asked is not furnished my Government
it would be appreciated if it may meet with your excellency’s
approval to give the reason for the refusal to do so.
Further on behalf of my Government I respectfully request, if
compatible with the will of your excellency, that information may be
given it on the following matters, namely:
Who was sitting as Judge of the Superior Court of Panama, when the
ruling was upheld of refusing Lieut. Goetz the opportunity of a
further examination of the few policemen so far presented for
identification and the reasons for such refusal.
Likewise, the reason for the ruling that our soldier witnesses so far
called should have been limited to identification of the party, who
may have murdered Corporal Langdon and should not have been
permitted in the present investigation to attempt to identify every
policeman, whom they might be able to identify even after the long
delay of nearly a year in being given such an opportunity in each
and all of the distressing events of that day.
Also, whether above rulings are to be maintained in such further
progress, if any, of this investigation.
In the name of my Government there is respectfully recalled to your
excellency the expression of hope, which my Government indulged,
upon the repetition again on April 2 of last year of calamitous
happenings like these, that your excellency’s friendly and
neighboring Republic would, as never before, fulfill with a
considerate promptness, energy and utmost earnestness every
obligation which this responsibility imposed. Any failure so to do,
your excellency will doubtless under all the circumstances frankly
grant, can not fail to result in the fullest reckoning by the
Republic of Panama to my Government.
While awaiting without any further delay than the necessities of the
situation may require consistent with the disposition of your
excellency, a complete and prompt response,
I avail [etc.]
[Not signed.]
