352.1115/2248: Telegram

The Minister in Portugal (Caldwell) to the Acting Secretary of State

62. Department telegrams 39 and 4088 and circular November 11, 6 p.m.,89 telephoned Graves who dictated following message:

“Court martial sentenced Celaya to 20 years in prison. I am advised orally that Captain General and Auditor General of the Eighth Division will approve this sentence. They feel that they cannot conscientiously take more favorable action since prosecuting attorney at court requested death sentence. Sentences not involving death are not usually subject to higher revision than that of the divisional authorities.

Although the Department will undoubtedly consider sentence of 20 years severe it should be borne in mind that death or life imprisonment are virtually the only sentences being handed down by courts martial trying cases of alleged military rebellion. The question of the mitigation of Celaya’s sentence and his ultimate release can be taken up whenever the Department considers the time opportune.

The Auditor General at Coruna informed me yesterday that nothing has been heard from Burgos concerning Lamas case.90 He promised to let me know as soon as anything was received. Referring to Department’s telegram of November 4, 2 p.m.,91 third paragraph, I desire to emphasize that I can find no evidence that any action or correspondence of Vigo Consulate has prejudiced insurgent authorities in any case handled by it. Stewart’s relations with all authorities in the district excellent.”

Caldwell
  1. Neither printed.
  2. Circular telegram to all consular officers in Spain not printed; it contained instructions regarding relief of Filipinos stranded in Spain (352.11B 15/98).
  3. On January 20, 1937, the Department was informed that the death sentence imposed upon Francisco Lamas Zarauza had been commuted to life imprisonment (352.1115/2723, 2860).
  4. Not printed.