812.203/1

The Vice Consul at Guaymas (Yepis) to the Secretary of State

No. 114

Sir: I have the honor to inform the Department that this Consulate received on November 4, 1930, an order for the American consular officer at Guaymas to appear on November 5, 1930, at 11:00 A.M., [Page 703]before General Jesús Torres Avilés, Military Prosecutor (Licenciado y Agente del Ministerio Público Militar) in this city in connection with an investigation being made with regard to General Pascual Gónzalez. General Gónzalez appears to have been assigned to Guaymas as Military Prosecutor and to have arrived here in compliance with his order about one week before the insurrection of March–April, 1929,5 started. It further appears that he remained in Guaymas during the time that this port was under the control of the revolution. Although he is stated to be at present in the service of the Mexican Federal Government in his former capacity, he desired that an official investigation be made in order that the Government would see that his actions during the revolt were not belligerent to the Central Government and that he attempted to leave the territory under the control of the rebels.

When the undersigned officer appeared before the Military Prosecutor in answer to the summons, he was given the Court’s file on the case to read over and to answer such questions in which the Consulate was mentioned. In one place General Gónzalez states that the “Consul” (without indicating of what country) had repeatedly offered him asylum during the revolution. In another place he specifically mentions the American Consulate in stating that on one occasion he eluded the constant vigilance placed over him by the Insurrectionists and came to this Consulate in order to ask what requirements there were, and to fulfill them, in order to go to the United States. No other mention, directly or indirectly, was made of “Consuls” or the “American Consulate” in the file mentioned.

With regard to asylum, the writer saw no objection in repeating to the Military Prosecutor what the well-known policy of this office had been during the revolt on that question, that is, that it neither offered nor afforded asylum in the consular premises to any other than American citizens. (It later developed in the testimony given by M. Vielledent, French Consular Agent at Guaymas, that it was he who had actually offered asylum to General Gónzalez and had at least on one occasion afforded him such asylum under the protection of the premises of the French Consular Agency). With regard to General Gónzalez’ visit to the Consulate in endeavoring to leave rebel territory and to enter the United States, the Military Prosecutor was informed by the undersigned officer that it was not recalled as to whether or not such had been the case. Other minor answers were given by the writer which, however, were of no importance, such as Consul Bursley’s chargé of the Consulate during the period in question; Consul Bursley’s definite absence from Guaymas; and Consul Smale’s temporary absence from Guaymas.

Respectfully yours,

A. F. Yepis