File No. 319.1123L25/40
Minister Price to the
Secretary of State
[Extract]
No. 907
American Legation,
Panama
,
April 24, 1916
.
Sir: In the matter of the Colon riot of April
2, 1915, I have the honor to transmit a copy of a letter received from
Brigadier General C. R. Edwards, Military Commander of the Canal Zone,
with which he has transmitted to this Legation a copy of the report of
Lieutenant d’Alary Fechet upon the attempted identification by our
soldier witnesses before the Panaman authorities of the Panaman
policemen involved in the shooting and wounding and mistreatment of
Americans upon the occasion of said riot.
Regarding the Panaman policeman, Carlos Nunez, it will be noted that
General Edwards expresses the opinion that said Nunez can not be
successfully prosecuted for the murder of Corporal Langdon. However, in
the report of Lieutenant Fechet it is seen that Nunez has been
identified as the Panaman policeman who fired on the special train and
who wounded a soldier of the 5th Infantry as a result of said
shooting.
I have had a talk of a preliminary nature with Foreign Secretary Lefevre
since the receipt of this report, and without referring to the report I
have again called attention to the dereliction on the [Page 932] part of his Government in not pressing
this investigation vigorously and promptly after the riot, as we had
persistently begged them to do, and I have again attempted to emphasize
the fact that the sole responsibility rested upon Panama for the
initiation and conduct of this investigation and of the prosecution of
the parties guilty of wrongs on said occasion. Señor Lefevre admitted
frankly that the investigation should have been more prompt and
thorough, declaring that he had done all he could to bring it about.
The testimony of the soldier witnesses as to identification was
disappointing, but really not surprising in view of the length of time
elapsing before an opportunity was given them by the Panaman authorities
to view the policemen suspected of probable complicity in the wrongs
committed in the riot.
General Edwards, it will be seen from his letter, is of the opinion that
sufficient evidence has been produced to warrant the trial of some of
the Panaman policemen for firing upon the soldiers on the train on the
afternoon of the riot.
His letter, also, contains gratifying references to the work of the
Legation in this matter.
I should be glad to have such suggestions from the Department as it may
care to give with reference to the character of further steps in this
matter, which, of course, I expect to take to the end that every
resource may be exhausted before accepting as an accomplished fact the
conclusion of this whole matter without the prosecution of anyone
connected with it.
I have [etc.]
[Inclosure—Extract]
General Edwards
to Minister Price
Headquarters United States Troops,
Panama Canal Zone,
Ancon, C. Z.
,
April 21, 1916
.
My dear Mr. Minister: I enclose herewith
copy of report rendered by 2d Lieut d’Alary Fechet, 5th Infantry,
upon the subject of identification of Panamanian policemen present
at the Colon riot of April 2, 1915. The trouble had in securing the
presence of these policemen for the purpose of identification by
soldier witnesses, you of course, are familiar with, as it was
largely through your good offices that such identification was
accomplished. I feel satisfied that the policemen presented by the
Panamanian Government were some of those on duty at the time of the
riot, and, while I presume that there were some absent who did some
shooting, yet I doubt if their absence was intentional on the part
of the Panamanian Government.
After reading the identification report of Lieut. Fechet, I am unable
to agree with him that it would be impossible to secure the
conviction of any Panamanian policemen, should they be charged with
firing upon soldiers. I think there is sufficient evidence to
warrant the trial of some of the policemen for firing upon the
soldiers on the train. I have, however, reached the conclusion that
Subteniente Carlos Nunez, cannot be found guilty of the murder of
Corporal Langdon.
I am of the opinion that as a result of the investigation conducted
by Governor Fernandez, including the identification that the next
step to be taken is by the Panamanian authorities. As I understand
the nature of Governor Fernandez’s investigation, it was more or
less that of a grand jury, i. e., an investigation to find a true
bill against any man firing at soldiers, or to render a return that
the evidence does not justify trial. I feel, as stated above, that
the evidence does justify a trial in some cases, but, as stated, I
am of the opinion that the next move is to be made by the Panamanian
authorities.
[Page 933]
Your interest and activity in this matter has been such, and has been
so fully appreciated by me, that I hesitate to make any
recommendations to you, but I would be pleased to know at what time
Governor Fernandez submits his report, and if any action thereon is
immediately taken. With deep appreciation of your assistance in this
matter of the Colon riot, I remain
Sincerely yours,
[Subinclosure—Extract]
Lieutenant Fechet
to General Edwards
Camp at Empire, C. Z.
,
April 15, 1916
.
identification of panamanian policeman
In a report on an investigation of the Colon riot submitted to the
Commanding General, U. S. Troops, Canal Zone, by Capt. Oliver
Edwards, 5th Infantry, on February 3, 1916, it was urgently
requested that the witnesses who were able to identify any
Panamanian policemen implicated in the Colon riot, be given an
opportunity to do so at once.
In the latter part of February, 1916, the Panamanian authorities
requested information as to whether the American authorities were
ready to consider the Colon riot case as satisfactorily settled. A
most emphatic reply was made to the effect that this case would be
considered settled only when every witness, able to identify any
Panamanian policeman had been given ample opportunity to do so.
On February 29, 1916, Lieut. Goetz and three enlisted men were called
by the Panamanian authorities to identify nine Panamanian policemen,
who were also called by the Panamanian Government. On finding that
the policemen were in civilian clothes it was demanded that the
policemen be brought next day in their regular uniform. On March 1,
1916, the same witnesses and the same policemen appeared, the latter
in their regular uniforms. Lieut. Goetz at first identified one
policeman as the one whom he had arrested as Corporal Langdon’s
murderer on April 2, 1915, but in a few seconds altered his decision
and wished to pick out a second policeman. On the ground that this
was illegal he was not allowed to do so. The enlisted men were
allowed only to attempt to pick out Panamanian policemen implicated
in Corporal Langdon’s murder. As these witnesses had previously
[stated] in declarations turned over to the Panamanian Government
that they knew nothing about Langdon’s murder but had seen other
misdemeanors committed by Panamanian policemen they could pick out
no one. It was evident that the Panamanian Government intended to
have this identification answer as the identification demanded by
the American Government through the American Minister. It was now
demanded that a list of Panamanian policemen desired for
identification should be drawn up by the American authorities and
that these men should at once be assembled for identification. This
was acceded to by the Panamanian Government.
After a long delay and one false start when the American witnesses
were at the place set and no Panamanian policeman appeared, the
identification began on the morning of April 12, 1916, and lasted
till noon on April 13, 1916.
Of the 38 American witnesses called only nineteen were able to make
any identification whatsoever.
In the report on the Colon riot submitted by Lieut. Goetz on May 2,
1915, he stated that he had Subteniente Carlos Nunez arrested as the
man who shot the soldier. Evidently the soldier referred to is
Langdon. This arrest was made on the identification made at the time
by Pvt. Charles Herskovitz, Co. “M” 5th Infantry. In the declaration
made by Pvt. Herskovitz and submitted by Lieut. Goetz in his report
Herskovitz states that he saw a Lieutenant of Panamanian Police fire
on the special train hitting a soldier of the 5th Infantry who was
standing on Herskovitz’s left; that after the Artillery arrived the
police standing on Herskovitz’s were fired upon and the Artillery
returned this fire; [sic] that no one was hit by this second fire;
that he reported to Capt. Davis that he could identify this police
Lieutenant; that the Lieutenant of police was found and placed under
arrest by a Lieutenant of Artillery. From this it is seen that
Subteniente Nunez should have been arrested in Colon on April 2,
1915, as having shot a soldier of the 5th Infantry who was in the
train, and not as Langdon’s murderer.
[Page 934]
The Colon riot occurred on April 2, 1915. The identification of the
Panamanian policemen was not attempted until April 12, 1916, more
than a year having elapsed since the occurrence of the crimes for
which the Panamanian policemen were to be identified. In this year
it has been inevitable that many witnesses should forget the
happenings of April 2, 1915, and especially that they should forget
the faces of the Panamanian policemen. In this long period many
witnesses who were especially desired by the American authorities
have left the Isthmus. Had this identification and investigation
been vigorously conducted immediately after the riot the murderer of
Langdon and the other policemen implicated in the riot would
undoubtedly have been discovered. The failure of the investigation
and identification conducted by me under the supervision of Capt.
Edwards and of Major White to fix the responsibility for any of the
crimes committed by policemen in Colon on April 2, 1915, on any
policemen, I believe to be due to the long time which had been
allowed to pass between the riot and my appointment to conduct this
investigation.
