File No. 319.1123L25/59

Minister Price to the Secretary of State

No. 1526

Sir: I have the honor to acknowledge the receipt on July 28 of the Department’s instruction No. 400 of June 30 with reference to the matter of the presentation of claims for damages against the Government of Panama on behalf of the heirs of Corporal James Langdon in the sum of $15,000 and on behalf of C. R. Richeson and W. A. Day in the sum of $1,000 each, and that after communication with the commanding general of the Panama Canal and the Canal Zone, I have transmitted to the Panaman Foreign Office a note in compliance with said instruction and more fully in compliance with Department’s instruction No. 378 of May 2, 1917.

[Page 1165]

I enclose a copy of said note.

I shall continue to keep the Department informed as to developments herein.

I have [etc.]

Wm. Jennings Price
[Inclosure]

Minister Price to the Minister of Foreign Affairs

F. O. No. 447

Excellency: I have the honor now again to refer to the riot which took place in the City of Colon on the 2d day of April, 1915, and in compliance with instructions from the Department of State of my Government to present in the name of my Government claims for damages against the Government of your excellency on behalf of the heirs of Corporal James Langdon who was killed on that unfortunate occasion and on behalf of Messrs. Charlie R. Richeson and William A. Day who were wounded.

It seems unnecessary, in view of the correspondence which has passed between your excellency’s office and this Legation, with reference to this matter, to give more than a brief narrative of what appear to be the principal facts in the case.

It appears that on the afternoon of April 2, 1915, a game of baseball was played at Colon between the 5th United States Infantry team and the Cristobal team, the latter being composed of enlisted men in the United States Coast Artillery Corps and of civilians, most, if not all, of whom were in the employ of the Panama Canal or the Panama Railroad. It is stated that a special train brought to Colon for the occasion about twelve hundred members of the garrison of Camp Otis and of the Camp at Empire; that a large majority of the visiting contingent of enlisted men attended, the game and that two or three hundred were about the town, many of whom had viewed a part of the game. It appears that at about 4:30 p.m., near the corner of Cash and 11th Streets, trouble arose between American enlisted men and Panaman police as a result of which two American soldiers were shot by the police.

As to the circumstances leading up to the incident, it appears that the first controversy, which, however, was quickly settled, arose between an American soldier and a negro (Jamaican), caused by an attempt of the latter to force his way through a group of perhaps a dozen soldiers who were standing on the sidewalk. It is stated that a few minutes later an enlisted man, Private Fritz, while twirling a “swagger stick”, or while he and two or three others were perhaps carelessly playing with the stick, accidentally struck a Panaman policeman. That this was an accident was apparently admitted even by the policeman himself. It appears, however, that the policeman expressed resentment; that a controversy arose and as a result two Panama policemen rushed in and attempted to arrest Private Fritz. In the mêlée which ensued, it appears that Private Fritz was felled with a club and that one or more Panaman policemen began using firearms. Private George Klimp, of the hospital corps of the United States transport Beauford, who at that moment came out of a nearby building and who was entirely disconnected with the affray, was shot in the left arm. The soldiers being unarmed and consequently unable to defend themselves, scattered. The policemen fired several shots in the direction of the fleeing soldiers as a result of which Private Richeson, who was half a block away, was wounded in the arm.

It appears that immediately following this occurrence, Private McMillan, more than a block distant from the scene of the trouble, and who was in no way connected with it, was, without the slightest provocation, severely and brutally clubbed by the police. There is also evidence of other apparently less atrocious acts of violence on the part of the Panaman police towards American soldiers at about that time, of which specific mention need not here be made. On being apprised of the trouble, the American military officers at the ball grounds immediately appeared on the scene. Armed American patrols were sent out over the town and as rapidly as possible the visiting soldiers were sent to the special train which was lying on the track on Broadway in the immediate vicinity of the ball park.

It also appears that at the conclusion of the baseball game, some fifteen or twenty minutes after the first disturbance, near the entrance to the ball ground [Page 1166] where the soldiers were entraining, trouble arose between American soldiers and civilians of Colon which resulted in a general riot and in which Panaman police played no small part. Various versions as to the immediate cause of the trouble have been given. However, the preponderance of evidence seems to indicate that as the soldiers came from the ball grounds they were jeered at by a group of small boys, apparently negroes and Panamans; that the soldiers good-naturedly chased the boys who receded and began hurling stones at the soldiers; that this misconduct was joined in by other natives and led to a general riot in which the soldiers, Panaman police and the inhabitants of that section participated. It appears that when this disturbance was at its height certain Panaman policemen took refuge in passageways between buildings on the east side of Hudson Lane both to the north and south of Falmouth Street and began shooting indiscriminately into the crowd of soldiers and at the special train which not only contained a large number of unarmed American soldiers but also American women. It seems that at about this time the enlisted men and armed patrols began to arrive from the scene of the first trouble en route to the train; that as the leading patrol, under Lieutenant Sloane of the Coast Artillery Corps, which, under orders of its superior officer, was endeavoring to restore order, reached 11th Street between Hudson Lane and Broadway, three policemen who were in a passageway on the east side of Hudson Lane made a stand at the head of an alley and one of them, who, at the time, was firing in the direction of the train, turned and without the slightest provocation directed his fire at the patrol. It also appears that one member of the patrol, Private Wells, who was in the lead, seeing a Panaman policeman firing into the train rushed out into an open lot and implored him to stop firing, whereupon the policeman turned on Private Wells and fired one or two shots. While these shots missed the mark, one of them found lodgment in the chest of James Deloughery of Company I, 5th Infantry, who was standing on the rear platform of the last car of the train.

Practically simultaneously with this occurrence, Corporal Langdon, of the Coast Artillery Corps, who with two members of his patrol arrived at the corner of Hudson Lane and 11th Streets and while peaceably and orderly discharging the duty to which he had been assigned, namely, the bringing together of the American soldiers with a view to quelling the disturbance and preventing further trouble, was, without either warning or the slightest provocation, shot through the heart and instantly killed by a Panaman policeman who was secluded behind the corner of a building on the opposite side of the street.

It also appears that at about that time, at a point approximately seventy-five yards distant from the special train which he was approaching, Sergeant Day, a member of one of the patrols, was felled to the ground by a stone or other missile thrown by a Panaman, receiving a severe scalp wound which incapacitated him for active duty for a period of several days.

The salient facts of the whole disturbance appear to be that about thirty shots were fired by the police, which caused the death of one American soldier and the wounding of three others, whereas only five shots were fired by the Americans, all of which were fired by the members of the armed patrol and in self-defense, two of which shots were fired at the policeman who had already killed Corporal Langdon.

The evidence as a whole tends to show that the visiting soldiers did not go to Colon with any intention to provoke a disturbance and that they at no time were the aggressors in the affrays which occurred. That they were not seeking trouble seems evidenced by their forbearance after several of their number had been wounded by clubs and guns and otherwise maltreated by the Panaman police, also by the fact of their prompt obedience to orders when efforts to quell the disturbance were begun. It requires no effort of the imagination to picture the conditions which would have obtained had the disregard of life and limb, which was manifested by the Panaman policemen, extended to these twelve hundred or more soldiers.

While my Government would not desire to be understood as contending that all of its enlisted men who unhappily were involved in this unfortunate affair were entirely blameless, it does maintain that resort to firearms by the Panaman police, in wanton disregard for human life, was, under the circumstances, wholly unwarranted and without a semblance of justification or excuse.

This, however, is not the only phase of the case of which my Government feels impelled to remind the Government of Panama. It appears that notwithstanding the urgent requests of my Government and the repeated promises of the Panaman Government that those responsible for these outrages against American soldiers should be speedily brought to justice, only two persons were [Page 1167] ever arrested on any charge and but one of these was placed on trial. This man, Carlos Nuñez, who, as the alleged murderer of Corporal Langdon, was arrested at the instance of an American Army officer, and whose detention during the interim of nearly two years between the date of the riot and that of his trial, was continued only at the urgent solicitation of American officials, was allowed liberties and freedom during the period of his so-called imprisonment that bespeak for those responsible therefor such indifference with regard to the proper enforcement of justice as, if it does not amount to a tacit approval of the lawless acts of the Panaman police, at least indicates a lack of any serious purpose to punish any of the perpetrators of such acts.

In support of these assertions may be cited the proposed release of Nuñez shortly after his arrest; and the fact that, subsequent to the agreement of the Panaman Government that he should be kept in confinement pending the results of further investigation, he was permitted to be at liberty in the city of Panama and, on one occasion, namely, June 20, 1915, became involved in an affray in the “Cocoa Grove” District at which time he is said to have attacked two other persons with a razor without being apprehended until the following day.

As further evidence of laxity in the administration of justice in this unfortunate affair may be mentioned the facts first, that no investigation of a prompt and vigorous character was ever made by the Panaman authorities; second, that a period of more than a year was permitted to elapse before any formal accusation was made or any steps were taken to identify the guilty parties, during which time many important witnesses had left Panama and the ability of others to identify with certainty the guilty parties was greatly minimized; third, that approximately a year after these occurrences and before any of the witnesses, who during the investigation had testified that they could identify the murderer of Corporal Langdon and other police participating in the riot, had been given opportunity to do so, the Panaman Government suggested that the case be considered as satisfactorily settled; fourth, that the identification proceedings, when eventually held, were conducted in a perfunctory and half-hearted manner and were little calculated to establish the facts. In view of these circumstances, it followed as natural consequences that only one person was brought to trial and that he was acquitted.

There appears to be no doubt that had the investigation and identification proceedings been vigorously prosecuted immediately following the riot, the apprehension and conviction of those responsible for the death of Corporal Langdon and the wounding of three other American soldiers could easily have been accomplished.

I am instructed to say that while my Government is loath to believe that responsible officials of the Panaman Government have deliberately contrived to prevent the administration of justice in this case, it is nevertheless impelled to the view that there was, on the part of those officials to whom was entrusted the duty of administering the law, a gross lack of appreciation of the respect and good will of a sincerely friendly foreign state and of the rights of its citizens, which has made it possible for persons violating these rights to go unpunished.

I am instructed further to say that while my Government has no disposition to be exacting with the Government of Panama, it nevertheless feels compelled most earnestly to register its keen disappointment at the apparent insincerity and laxity with which the Panaman authorities have dealt with this unfortunate situation. Whether the conditions complained of exist by reason of acts of commission or of omission, no self-respecting Government can properly consent that its citizens shall be maltreated and murdered in a foreign territory under circumstances analogous to those obtaining in this case without demanding that the Government whose agents have not only perpetrated the offense but have made it possible for the guilty to go unpunished shall make due reparation for the injuries sustained.

I am, therefore, further instructed by my Government to ask at the hands of your excellency’s Government the payment of the sum of fifteen ($15,000) thousand dollars for the heirs of Corporal James Langdon and the sum of one ($1,000) thousand dollars each for Mr. C. E. Richeson and Mr. W. A. Day, and to express the hope that your excellency’s Government will find itself disposed to do these acts of justice with promptness all the more because of the fact that the same can not serve other than as a partial reparation for such wrongs as were inflicted on this occasion.

I avail myself [etc]

Wm. Jennings Price