File No. 319.1123L25/32
Minister Price to the
Secretary of State
No. 866
American Legation,
Panama
,
March 22, 1916
.
Sir: Referring to my despatch No. 848, with
which I transmitted a copy of a late note to the Secretary of Foreign
Affairs of Panama seeking to obtain more energetic and sincere action on
the part of their authorities in the investigation of the riot, which
took place in the city of Colon on April 2, 1915, I have the honor to
report that Foreign Secretary Lefevre after the receipt of my said note
requested a conference in his office with the representative of the
American military authorities, who had been present at the
investigation, and myself. I suggested to Major H. A. White, Judge
Advocate, on the staff of the Commanding General, to attend also, and at
the conference Señor Lefevre had present Governor Fernandez, the
Governor of the Province of Panama, who presided over the investigation.
There was no disposition to criticize the courtesy or manner of Governor
Fernandez, and it was not done, but same was frankly and appreciatively
acknowledged by us. However, the rulings of Governor Fernandez,
complained of in my note above mentioned, were criticized with all
emphasis, at the same time indulging in the concession that he was
acting under the orders of the Superior or Criminal Judge and
Prosecuting Attorney. Señor Lefevre gave assurances that these
experiences would not occur again, and that every opportunity would be
given to our soldier witnesses to make identifications of the policemen
and to testify with reference to all of the happenings on the day of the
riot. I requested that Señor Lefevre as promptly as possible arrange a
conference at which there should be present Governor Fernandez, the
Prosecuting Attorney of the Republic of Panama, the Chief of Police of
the Panama police on duty in Colon on the day of the riot, and the
subordinate police official who had direct charge of the section of the
city in which the riot took place, and the Governor of the Province of
Colon representing Panama, and Major White, Lieut. Fechet and a
representative of the Canal Zone police force familiar with the city of
Colon and acquainted with the Panaman police force of said city, for the
purpose of selecting from the rather large number of Panaman police
serving in Colon at that time, those members of the force who were most
likely involved in the events of the riot, to the end that there might
be some system followed in presenting before our soldier witnesses the
Panaman policemen for identification, and so that they might not be
brought before the witnesses indiscriminately and in large numbers
resulting in confusion and a hindrance rather than an aid to their
identification. This was agreed to and the day before yesterday, the
20th, was set as the day for said conference. Same, however, has not yet
taken place on account of Señor Lefevre claiming that he has not been
able to get all the parties together, but promises to do so within the
next few days. I took occasion at this conference to repeat with all due
emphasis the expectations of our Government in this matter and to
attempt to impress Señor Lefevre [Page 928] with our earnestness and impatience herein in view of the recent
experiences.
I received yesterday a reply from Secretary Lefevre to my late note, a
copy and translation of which I enclose. There was attached to this note
a list of the numbers which the Panaman policemen bore on the day of the
riot, but the names of the policemen did not appear. This list I turned
over to our military authorities promptly without waiting to copy it.
Today I have sent another note to Secretary Lefevre asking again for the
names of these policemen and for information along other lines
heretofore requested and which has not yet been given.
I have [etc.]
[Inclosure—Translation]
The Secretary of Foreign
Affairs to Minister Price
No. S–9319
Panama
,
March 20, 1916
.
Mr. Minister: I have the honor to
acknowledge the receipt of your excellency’s valued note, F. O. No.
285, of the 14th instant, the perusal of which gave me great
surprise because when your excellency orally laid before me on the
13th of the same month the complaint of the American military
authorities against the manner in which the inquiry into the
deplorable events which took place in Colon on April 2, 1915, was
conducted I told your excellency that I cherished the most earnest
wishes to bring an immediate and efficient remedy to the objections
that had been presented, and we agreed to have a conference in my
office for that purpose which would be attended by your excellency
with the representative of the American military authorities who has
witnessed the taking of the depositions, Governor Fernandez, and the
undersigned, which conference did take place on the 16th of this
month.
As was made apparent at that meeting what has happened up to date is
as follows: The Superior Judge of the Republic, Señor J. Demostenes
Arosemena, charged the Governor of the Province of Panama, Señor
Fernandez with the duty of conducting the present inquiry into the
disturbance of April 2 of last year in his capacity as examining
magistrate under the law, by taking the depositions of the American
witnesses about all the happenings of the said disturbance, and in
virtue thereof Governor Fernandez examined in the presence of
Lieutenant d’Alary Fechet, representative of the military
authorities of the Canal Zone, the soldiers who were summoned as
witnesses numbering from 60 to 70, and did not examine any more
because the said Lieutenant declared that that number was
sufficient. All those depositions were delivered to the Superior
Court and the attorney of the said court probably finding that the
report did not contain enough data to enable him to arrive at the
legally certain decision as to who caused the death of Langdon,
directed the Governor to institute an additional inquiry for the
purpose of identifying through the American eyewitnesses the person
whom they alleged shot at Langdon and caused his death.—That is the
reason, according to Governor Fernandez’s statement at the
conference above referred to why he believed that he was not
authorized to examine those witnesses on points other than that
which had to do with the death of Langdon.
But, as the Government’s desire in this matter, and I wish to say it
again to your excellency, is to succeed in ascertaining the whole
truth so as to be able to punish those who are found guilty, I wrote
to the attorney of the Superior Court for him to order an additional
investigation in which all the witnesses that may be summoned will
declare as to what they have seen and know in connection with the
said disturbance, and identify all the persons to whom they refer in
their statements.
As for the information which your excellency was pleased to request
in several of your notes I must remark that the Governor of the
Province of Colon, of whom I asked the list of the police officers
on duty in the city of Colon on April 2, 1915, only gave me the
names of those who were on duty in the wards where the disturbances
occurred, believing that that would be sufficient, [Page 929] but I have now received, and beg
to enclose it herewith, the full list of the policemen on duty on
that day with a statement of the places where they were on duty.
The information desired by the American military authorities as to
which witnesses included in the lists delivered to your excellency
in my note No. S–8057 of September 30, 1915, were eye witnesses of
the occurrences, may easily be found by their representatives in the
depositions of the report that have been put at their disposal by
the attorney of the Superior Court, and in the same way the said
representative may get as much information as he may desire about
the proceedings, since, as I have had the honor to say to your
excellency, it is my Government’s wish to keep him advised of the
progress of the inquiry, and that all the evidence that he may point
to be made to appear in the case which the attorney of the Superior
Court has offered to do many times.
I will not close without expressing the profound sorrow given me by
the last paragraph of the report of Colonel Cronkhite, of which your
excellency gives me a copy, in which he says that “it is clear that
the investigation held up to now is more of a farce than anything
else,” which gives it to understand that the Panaman authorities are
not anxious to find those who are guilty of the offenses committed
on that date. This view, Mr. Minister, is entirely wrong and implies
an accusation brought against our authorities, both judicial and
administrative, which cannot be allowed to go unprotested. The
proceedings connected with these events are being carried on as
speedily as the large number of witnesses who have to testify about
them and the provisions of our law will allow; the difficulties to
which Colonel Cronkhite and your excellency refer come exclusively
from technically legal causes and not any unwillingness on the part
of our officials who are all concerned in bringing the truth to
light and bringing punishment upon the delinquents, as was testified
by Lieutenant d’Alary Fechet himself in your excellency’s presence
when he recognized the readiness displayed by Governor Fernandez to
his conducting the present inquiry.
I cherish the hope that the said objectionable feature will not again
occur, but I hope that if it should happen the representative of the
American military authorities will not fail immediately to report
the fact for the purpose of bringing a remedy.
I avail [etc.]
