'\ V. Si' THE GIFT OF A.,.afa'Li^..ft „ a„\.avaa Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924007447307 "SSiSfiillln.f!;;?''''*"' °' '"e United S 3 1924 007 447 307 MESSAGE OF THE PRESIDENT OF THE UMTED STATES EESPECTING THE RELATIONS WITH CHILE, TOGBTHEB WITH THE DIPLOMATIC CORRESPONDENCE; THE CORRESPONDENCE WITH THE NAVAL OFFICIALS; THE INOUIRY INTO THE ATTACK ON THE SEAMEN OF THE U. S. S. BALTIMORE IN THE STREETS OF VALPARAISO; AKD THE EVIDENCE OF THE OFFICERS AND CEEW OF THE STEAMER KEWEENAW RESPECTING THE ILL- TREATMENT OP PATRICK SHIELDS BY THE CHILEAN POLICE. WASHINGTON: GOVERNMENT PRINTING OPFIOB. 1892. f/~ 5s3e CORNELL^ yuNivERsiry W LIBRARY^ MESSAGE. To the Senate and House of Representatives: In my annual message, delivered to Congress at the beginning of the present session, after a brief statement of the facts then in the posses- sion of this Government touching the assault, in the streets of Valpa- raiso, Chile, upon the sailors of the United States Steamship Baltimore, on the evening of the 16th of October last, I said ; "This G-overnment is now awaiting the result of an investigation "which has been conducted by the criminal court at Valparaiso. It "is reported unofiflcially that the investigation is about completed, " and it is expected that the result wiU soon be communicated to this "Government, together with some adequate and satisfactory r6- "sponse to the note by which the attention of Chile was called to "this incident. If these just expectations should be disappointed "or farther needless delay intervene, I will, by a special message, " bring this matter again to the attention of Congress for such action " as inay be necessary." In my opinion the time has now come when I should lay before the Congress and the country the correspondence between this Government and the Government of Chile, from the timeof the breaking out of the revolution against Balmaceda, together with aU other facts in the pos- session of the Executive Department relating to this matter. , The diplo- matic correspondence is here"with transmitted, together with some corre- spondence between the naval officers for the, time in command in Chilean waters and-the Secretary of the liTavy and also the evidence taken at the Mare Island navy-yard since the arrival of the Baltimore at San Francisco. I do not deem it necessary ia this communication to attempt any fall analysis of the correspondence or of the evidence. A brief restatement of the international questions involved and of the reasons why the re- sponses of the Chilean Government are unsatisfactory is all that I deem necessary. It may be well, at the outset, to say that, whatever may have been said in this country or in Chile in criticism of Mr. Egan, our minister at Santiago, the true history of this ex;citing period in Chilean affairs, from the outbreak of the revolution until this time, discloses no act on the in W RELATIONS WITH CHILE. part of Mr. Egan unworthy of Ms position or that could justly be the occasion of serious animadversion or criticism. He has, I think, on the whole, borne himself, in very trying cirdumstances, with dignity, discretion, and couxage, and has conducted the correspondence with, ability, courtesy, and fairness. It is worth whUe also at the beginning to say that the pght of Mr. Egan to give shelter in the legation to certain adherents of the Bahnaceda Government who applied to him for asylum has not been denied by the Chilean authorities, nor has any demand been made for the surrender of these refdgees. That there was urgent need of asylum is shown by Mr. Egan's note of August 24, 1891, describing the disorders that 'prevailed in Santiago, and by the evidence of Capt. Schley as to the pillage and tiolence that prevailed at Valparaiso. The correspondence discloses, however, that the request of Mr. Egan for a safe conduct from the country, in behalf of these refugees, was denied. The prece- dents cited by him in the correspondence, piarticularly the case of the revolution in Peru in 1865, did not leave the Chilean Govern- ment in a position to deny the right of asylum to political refugees and seemed very clearly to support Mr. Egan's contention that a safe conduct to neutral territory was a necessary and acknowledged incident of the asylum. These refugees have very recently, without formal safe conduct, but by the acquiescence of the Chilean authorities, been placed on board the YorTctown and are now being conveyed to Callao, Peru. This incident might be considered wholly closed, but for the disrespect -manifested toward this Government by the close and offensive police surveillance of the legation premises which was maintained during most of the period of the stay of the refugees therein. After the date of my annual message and up to the time of the transfer of the refu- gees to the Yorktown the legation premises seem to have been sur- rounded by police, in uniform, and police agents or detectives, in citizen's dress, who offensively scrutinized persons entering or leav- ing the legation and, on one or more occasions, arrested members of the minister's family. Commander Evans, who, by my direction, recently visited Mr. Egan at Santiaigo, in his telegram to the Navy" Pepartment, described the legation as " a veritable prison," and states that the police agents or detectives were, after his arrival, withdrawn during his stay. It appears further, from the not« of Mr. Egan of N^o- vember 20, 1891, that on one occasion at least these police agents, whom he declares to be known to him, invaded the legation premises, pounding upon its windows andusing insulting and threatening language towards persons therein. This breach of the right of a minister to freedom from police espionage and restraint seems to have been so flagrant that the Argentine minister, who was dean of the diplomatic corps, having ' observed it, felt called upon to protest against it to the Chilean minis- ter of foreign affairs. The Chilean authorities have, as wiU be observed from the correspondence, charged the refugees and the inmates of the RELATIONS WITH CHILE. V • legation mthinsulting the police; but it seems to me incredible that men whose live^ were in jeopardy and whose safety conld only be se- cured by retirement and quietness should have sought to provoke a collision which could only end, in their destruction, or to aggravate their condition by intensifying a popular feeling that, at one time, so threatened the legation as to require Mr. Egan to appeal to the minis- ter of foreign affairs. , But -the most serious incident disclosed by the correspondence is that of the attack upon the Sailors of the Baltimore in the streets of Val- paraiso on the i6th of October last. In my annual message, speaking upon the information then in my possession, Isaid: "So far as I have yet been able to learn, no other ejeplanationof "this bloody work has been slig^ested than that it had its cteigin in "hostility to these men as sailors of the United States, wearing the "uniform of their Government, and not in any individual act or per- " sonal animosity." We have now received from the Chilean Government an abstract of -the conclusions of the "Fiscal General upon the testimony taken by the judge of crimes in an investigation which was made to extend over nearly three months. I very much regret to be compelled to say that this report does not enable me to niodify the conclusion announced in my annual message. I am still of the opinion that our sailors were assaulted, beateii, stabbed, and killed, not for anything they or any one of them had done, but for what the Government of the United States - had done, or was charged with having, done, by its civil oflScers and naval commanders. If that be the true aspect bf the case, the injury was to the Government of the United States, not to these poor sailors who were assaulted in a manner so brutal and so cowardly. Before attempting to give an outline of the facts upon which this conclusion rests, I think it right to say a word or two upon the legal aspect of the case. The Baltimore was in the harbor «f Valparaiso'by virtue of that general invitation which nations are held to extend to the war vessels of other powers with which they have friendly relations. This invitation, I think, must be held ordinarily to embrace the privi- lege of such communication with the shore as is reasonable, necessary,, and proper for the comfort and convenience , of the officers and men of such vessels. Oapt. Schley testifies that when his vessel returned to Valparaiso, on September 14, the city officers, as is customary, ex- tended the hospitalities of the city to his officers and crew. It is not claimed that every personal collisipn or injury in which a sailor or officer of such naval vessel visiting the shore may be involved raises an international question; but I am clearly of the opinion that where such sailors or officers are assaulted by a resident populace, animated by hostility to the Government whose uniform these sailors and officers wear and in resentment of acts done by their Government, not by them, their nation must take notice of the event as one in- VI RELATIONS WITH CHILE. • volving an infraction of its rights and dignity; not in a secondary way, as where a citizen is rajured and presents his claim through his own Government, but in a primary way, precisely as if its minister or con- sul or the flag itself had been the objeat of the same character of assault. The oflftcers and sailors of the Baltimore were in the harbor of Valparaiso under the orders of their Government, not by their own choice. They were upon the shore by the implied invitation of the Government of Chile and with the approval of their commanding ofScer ; and it does not distinguish their case from that of a consul that his stay is more permanent or that he holds the express invitation of the local^ovemment tt) justify his longer residence. Nor does it affect the question that the injury was the act of a mob. If there had been no participation by the police or military in this cruel work and no neglect on their part to extend protection, the case woidd still be one, in my opinion, when its extent and character are considered, involving inter- national rights. The incidents of the affair are, briefly, as foll^^ws: On the 16th of October last Oapt. Schley, commanding the XJ. S. S. Baltimore, gave shore leave to one hundred and seventeen petty ofi&cers and sailors of his ship. These men left the ship about 1 :30 p. m. ISo incident of violence occurred; none of our men were arrested; no complaint was lodged against them ; jior did any collision or outbreak occur untn about 6 o'clock p. m. Oapt. Schley states that he was himself on shore and about the streets of the city until 5 :30 p. m. ; that he piet very many of his men who were upon leave; that they were sober and were conducting themselves With propriety, saluting Chilean and other officers as they met them. Other officers of the ship and Oapt. Jenkins, of the merchant ship Keweenaw, corroborate Oapt. Schley as to the general sobriety and good behavior of our men. The Sisters of Charity at the hospital to which our wounded men were taken, when inquired of, stated that they were sober when received. If the situation had been otherwise, we must believe that the Chilean police authorities would have made arrests. About 6 p. m. the assault began, and it is remarkable that the investigation by the judge oi criihes, though so protracted, does not enable him to give any more satisfactory account of its origin than is found in the statement that if began between drunken sailors. Eepeatedly in the correspondence it is asserted that it was impossible to learn the precise cause of the riot. The minister of foreign affairs, Matta, in his telegram to Mr. Montt, under date December 31, states th^t the quarrel began between two sailors in a tavern and was continued in the street, persons who were passing joining in it. The testimony of Talbot, an apprentice who was with Eiggin, is that the outbreak in which they were involved began by a Chilean sailor ■ spitting in the face of Talbot, which was resented by a knock-down. It appears that Eiggin and Talbot were at the time unaccompanied EELATIONS WITH CHILE. VH by any others of their shipmates. These two men were immediately beset by a crowd of Chilean citizens and sailors, through which they broke their way to a street car and entered it for safety. They were pursued, driven from the car, and Eiggin wa? so seriously beaten that he tfell in the street apparently dead. There is nothing in the report of the Chilean investigation made to us that seriously impeaches this testimony. It appears from Chilean sources that almost iastantiy, with a suddenness that strongly implies jneditation and preparation, a mob, stated by the police authorities at one time to number 2,000 and at another 1,000, was engaged in the assault upon our sailors, who are represented as resisting "with stones, clubs, and bright arms." The report of the Intendente of October 30 states that the flght began at 6 p. m. in three streets which are named, that information was receiyed at the intendencia at 6:15, and that the police arrived on the scene at 6:30, a fuU half hour after the assault began. At that time he says that a mob of 2,000 men had collected, and that for several squares there was the appearance of a " real battlefield." * The scene at this point is very graphically set before us by the Chi- lean testimony. The American sailors, who, after so long an examina- tion, have not been found guilty of any breach of the peace, so far as the Chilean authorities are able to discover, unarmed and defenseless, are flee- ing for their lives, pursued by overwhelming numbers, and fighting only to aid their own escape from death or to succor some mate whose life is in greater peril. Eighteen of them are brutally stabbed and beaten, while one Chilean seems, from the report, to have suffered some injury; but how serious or with what character of weapon, or whether by a missile thrown by our men or by some of his feUow rioters, is unascer- . taiaed. The pretense that our men were fighting "with stones, clubs, and bright arms" is, in view of these facts, incredible. It, is further refuted by the fact that our prisoners, when searched, were absolutely without arms, only seven penknives being found in the possession of the men arrested, while there were received by our men more than thirty stab wounds, every one of which was inflicted in the back, and almost every contused wound was in the back or back of the head. The evidence ol the ship's oflBicer of the day is that even the jacklcnives of the men were taken from them before leaving the ship. As to the brutal nature of the treatment received by our men, the fol- lowing extract from the account given of the affair by the La Patria newspaper, of Valparaiso, of October 17, can not be regarded as tpo friendly: " The Yankees, as soon as their pursuers gave chase, went by "way of the CaUe del Arsenal towards the city car station. In "the presence of an ordinary number of citizens, among whom "were some sailors, the North Americans took seats in the street "car to escape from the stones which the Chileans threw at them. " It was believed for an instan t that the North Americans had saved VIII RELATIONS WITH CHILE. ' " themselves frojin popular fury, but such was not the ca^e. Scarcely "had the car begun to move,, when a crowd gathered around and "stopped its progress. Under these circumstances and without " any cessation of the howling and throwing of stones at the North "Americans, the conductor entered the car and, seeing the risk of "the situation to the vehicle, ordered them to get out. At the " instant the sailors left the car, in the midst of a hail of stones, the "said conductor received a stone blow on the hefid. One, of the "Yankee sailors managed to escape in the direction of the Plaza "Wheelright, but the other was felled to the ground by a stone. "Managing to raise himself fi'om the ground where he lay he stag- "gered in an opposite direction from the station. In front of the "house of Senor Mazzini he was. again wounded, falling then sense- "less and breathless." Itfo amount of evasion or subterfuge is able to cloud our clear vis- ion of this brutal work. It should be noticed, in this connection, that the American sailors arrested,' after an examination, were, during the four aays following the arrest, every one discharged, no charge of any breach of the peace^or other criminal conduct having been sustained against a single one of them. The judge of crimes. Poster, in a note to the Intendente, under date of October 22 — ^before the dispatch from this Government of the following day, which aroused the authorities of Chile to a better sense of the gravity of the affair — says : " Hav- ing presided temporarily over this court in rtegard to the seamen of the IT. S. cruiser Baltimore, who have been tried on accouut of the_ deplorable conduct which took place," etc. The noticeable point here is that our sailors had been tried before the 22d of October and that the trial resulted in their acquittal and return to their vessel. It is quite remarkable and quite characteristic of the management of this affair by the Chilean police authorities that we should now be advised that Seaman Davidson, of the Baltimore, has been included in the indictment, his offense being, so far as I have been able to ascertain, that he attempted to defend a shipmate against an assailant who was striking at Mm with a knife. The perfect vindication of our men is fdrnished by this report; one only is found to have been guilty of crim- inal fault, and that for 9,0 act clearly justifiable. As to the part taken by the police in the affair the case made by Chile is also far from satisfactory. The point where Eiggin was killed is only three minutes' walk from the police station and not more than twice that distance from the intendencia; and yet, according to their offlcial report, a full half hour elapsed after the assault began before the police were upon the ground. It has been stated that all but two of our men have said that the police did their duty. The evidence taken at Mare Island shows that if such a statement was procured from our men it was accomplished by requiring them to sign a writing in a lan- guage they did not understand and by the representd,tion that it was a mere declaration that they had taken no part m the disturbance. Lieut. McOrea, who acted as interpreter, says in his evidence that- wheh our saUor^ were examined before the court the subject of the EELATIONS "WITH CHILE. IX conduct of the police was so carefully avoided that he reported the fact to Capt. Schley on his return to the vessel. The evidences of the existence of animosity towards our sailors in the minds of the sailors of the Chilean navy and pf the populace of Valpa- raiso are so abundant and various as to leave no doubt in the mind of anyone who will examine the papers submitted. It manifested itself in threatening and insulting gestures towards our men as they passed the Chilean men-of-war in their boats and in the derisive and abusive epithets with which they greeted every appearance of an American sailor on the evening of the riot. Capt. Schley reports that boats from the Chilean war ships several times went out of their course to cross the bows of his boats, compelling them to back water. He com- plained of the dispourtesy and it was corrected. That this feeling was shared by men of higher rank is shown by an incident related by Surgeon Stitt of the Baltimore. After the battle of Placilla he, with other medical officers of the war vessels in the harbor, was giving vol- untary assistance to the wounded in the hospitals. The son of a Chi- lean army officer of high rank was under his care, and, when the father discovered it, he flew into a passion and said he would rather have his son die 'than have Americans touch him, and at once had him re- moved from the ward. This feeling is not well concealed m the disr patches of the foreign office and had quite open expression in the dis- respectful treatment of the American legation. The Chilean boatmen in the- bay refused, even for large offers of money, to return our sailors, who crowded the Mole, to their ship when they were endeavoring to escape from the city on the night of the assault. The market boats of the Baltimore were threatened, and even quite recently the gig of Com- mander Evans, of the Yorhtawn, was stoned while waiting for him at the Mole. The evidence of our sailors clearly shows that the attack was expected by the Chilean people, that threats had been made against our men, and that, in one case somewhat early in the afternoon, the keeper of one house, into which some of our men had gone, closed his establishment in anticipation of the attack which he advised them would be made upon them as darkness came on. In a report of Capt. Scbjey to the JTavy Dispartment he says: . "In the only interview that I had with, Judge Foster, who is in- "vestigating the case relative to the disturbance, before he was " aware of the entire gravity of the matter, he informed me that the " assault upon my men was the outcome of hatred for our people " among, the lower classes, because they thought we had sympa- " thized with the Babnaceda Government on account of the Itata " matter, whether with reason or without he coiild, of course, not " admit; but such he thought was the explanation of the assault at " that time. Several of our men sought security from the mob by such complete or partial changes in their dress as would conceal the fact of their being X RELATIONS WITH CHILE. seamen of the Baltimore and found it then possible to walk the streets without molestation. These incidents conclusively establish that the attack was upon the uniform — the nationality— aind not upon the men. The origin of this feeling is probably found in the refusal of this Government to give recognition to the Congressional party before it had established itself, in the seizure of the Itata for an alleged violation of the neutrality law, in the cable incident, and in the charge that Admiral Brown conveyed information to Valpa,r&,iso of the landing at Quinteros. It is not my purpose to enter here any defense of the action of this Government in these matters. It is enough for the present pur- pose to say that if there was any breach of international comity or duty on our part it shoiild have been made the subject of ofllcial complaint through diplomatic channels or of reprisals for which a full responsi- bility was assumed. We can not consent that these incidents and these perversions of the truth shaU be used to excite a murderous attack upon our unoffending sailors and the Government of Chile go acquit of responsibility. In fact, the conduct of this Government during the war in Chile pursued those lines of international duty which we had so strongly insisted upon on the part of other nations when this country was. in the throes of a civil conflict. We continued the es- tablished diplomatic relations with the government in power until it was overthrown, and promptly and cordially recognized the new gov- ernment when it was established. The good oflttces of this Govern- ment were offered to bring about a peaceM adjustment, and the inter- position of Mr. Egan to mitigate, severities and to shelter adherents ot the Congressional party were effective and frequent. The charge against Admiral Brown is too base to gain credence with anyone who knows his high personal and professional' character. Eeciirring to the evidence of our sailors, I think it is shown that there were several distinct assaults and so nearly simultaneous as to show that they did not spread from one point. Apress summary of the report of the Fi&cal shows that the evidence of the Chilean officials and others was in conflict as' to the place of origin, several places being named hy different witnesses as the locality where the first outbreak occurred. This, If correctly repoifted, shows that there were several distinct outbreaks, and so nearly at the same time as to cause this con- fusion. The La Fatria, in the same issue from which I have already quoted, after describing the killing of Eiggin and the fight which from that point extended to the Mole, says : "At the same time in other streets of the port the Yankee sailors "fought fiercely With the people of the town, who believed to see in "them incarnate enemies of the-ChUean navy." The testimony of Capt. Jenkins, of the American merchant ship Keweenaw', which had gone to Valparaiso for repairs, and who was a witness of some part of the assault upon the crew of the Baltimore, is RELATIONS WITH CHILE. XI str&ngly corroborative of the testimony of our own sailors when he says that he saw Chilean sentries drive back a seaman, seeking shelter, upon a mob that was pursuing him. The officers and men of Capt. Jenkins's ship fiirnish the most conclusive testimony as to the iadignities which were practiced towards Americans in Valparaiso. When American jailors, even of merchant ships, can only secure their safety by denying theimationality, it must be time to readjust our relations with a gov- ernment that permits such demonstrations. As to the participation of the police, the evidence of our sailors shows that our men were struck and beaten by police officers before and after arrest, and that one, at least, was dragged with a lasso about his neck by a mounted policeman. That the death of Eiggin was the result of a rifle shot fired by a policeman or soldier on duty is shown directly by the testiinony of Johnson, in whose arms he was at the time, and by the evidence of Charles Langen, an American sailor not then a member of the Baltimore's crew, who stood close by and saw the transaction. The Chilean authorities do not pretend to fix the responsibihty of this shot upon any particular peESon,_but avow their inability to ascertain who fired it, further than that it was fired from a crowd. The character of the woundj as described by one of the sur- geons of the Baltimore, clearly supports his opinion that it was made by a rifle baU, the orifice of exit being as much as an inch or an inch and a quarter in width. When shot thepoorfellowwasunconscious and inthe arms of a comrade, who was endeavoring to carry him to a neighboring f^:rttgstore for treatment. The story of the pohce that, lq coming up the street, they passed these men and left them behind them, is inconsistent with their own statement as to the direction of their approach and with their duty to protect them, and is clearly disproved. In fact, Eig- gin was not behind, but in fro^fit of the advanciag force, and was not standing in the crowd, but was unconscious and supported in the arms of Johnson when he was shot. The communications of the Chilean Government in relation to this cruel and disastrous attack upon our men, as will appear fi-om the cor- respondence, have not in any degree taken .the form of a manly and satisfactory expression of regret, much less of apology. The even^t was of so serious a character that, if the injuries suffered by our men had been wholly the result of an accident' in a Chilean port, the iacident was grave enough to have called for some public expression of sym- pathy and regret from the local authorities. It is not enough to say that the affair was lamentable, for hmnamty would require that ex- pression, even if the beating and kilMng of our men had been justifiable. It is not enough to say that the incident is regretted, coupled with the statement that the affair was not of an unusual character in ports where foreign sailors are accustomed to meet. It is not for a generous and sincere government to seek for words of small or equivo:- cal meaning in which to convey to a friendly power an apology for an Xn KELATIONS WITH CHILE. offense so atrocious as this. In tlie case of the assault by a mob in New Orleans upon the Spanish consulate in 1851, Mr. Webster wrote to the Spanish minister/Mr. Oalderon, that the acts complained of were " a disgraceful and flagrant breach of duty and propriety," and that his Government "regrets them as deeply as Minister Calderon or his Government could possibly do;" that "these acts have caused the President great pain and he thinks a proper acknowledgment is due to Her Majesty's Government." He invited the Spanish consul to return to his post, guaranteeing protection, and offered to salute the Spanish flag if the consul should come in a Spanish vessel. Such a treatment by the Government of Chile of this assault would have been more creditable to the Chilean authorities; and much less can hardly be sat- isfactory to a Government that values its dignity and honor. -; In our note of October 23 last, which appears in the correspondence, after receiving the report of the board of ofi&cers appointed by Capt. Schley to investigate the affair, the Chilean Government was advised of the aspect which it then assumed and called upon for any facts in its possession that might tend to modify the unfavorable impressions which our report had created. It is very clear from the correspondence that, before the receipt of this note, the examination was regarded by the police authorities as practically closed. It was, however, reopened and protracted through a period of nearly three months. We might justly have complained of this unreasonable dejay, but, in view of the fact that the Government of Chile was stUl proAdsional, and with a dis- position to be forbearing and hopeftil of a friendly termination, I have awaited the report which has but recently been made. On the 2i8t instant I caused to be communicated to the Government of Chile, by the Americaii minister at Santiago, the conclusions of this Government after a fuU consideration of all the evidence and of every suggestion affecting this matter, and to these conclusions I adhere. They were stated as follows : "First. That the assault is not relieved of the aspect which "the eaily information of the event gave to it, viz: That of an "attack upon the uniform of the United States Navy, having its "origin and motive in a feeling of hostility to this Government, and "not in any act of the sailors or of any of them. "Second. That the public authorities of Valparaiso flagrantly "failed in their duty to protect our men and that some of the "police and of the ChUean soldiers and sailors were themselves "guilty of unprovoked assaults upon our sailors before and after "arrest. He [the President] thinks the preponderance of the evi- "denceand the inherent probabilities lead to the conclusion that , "Eiggin was killed by the police or soldiers. "Third. That he [the President] is therefore compelled to brine "the case back to the position taken by this Government in the "noteof Mr. Wharton, of October 23 last *•*•♦* j^^^ "to ask for a suitable apology and for some adequate reparation "for the injury done to this Government." RELATIONS WITH CHILE. XIH In the same note tlie attention of the OhUean Government was called to the offensive character of a note addressed by Mr. Matta, its minister of foreign affairs, to Mr. Montt, its minister at this Capital, on the 11th ultimo. This dispatch was not of&cially communicated to this Govern- ment; but, as Mr. Montt was directed to translate it and to give it to the press of this country, it seemed to me that it could not pass without official notice. It was not only undiplomatic, but grossly insulting to our naval officers and to the Bxecuiave Department, as it directly im- puted untruth and insincerity to the reports of the naval officers and to the official communications. made by the Executive Department to Congress, it will be observed that I have notified the Chilean Gov- ernment that, unless this note is at once withdrawn and an apology as public as the offense made, I will terminate diplomatic relations. The request for the recall of Mr. Egan, upon the ground that he was not persona grata, was unaccompanied by any suggestion that could properly be used in support of it, and I infer that the request is based upon official acts of Mr. Egan- which have received the approval of this Government. But, however that may be, I could not consent to con- sider such a question untU it had first been settled whether our cor- respondence with Chile could be conducted upon a basis of mutual respect. In submitting these papers to Congress for that grave and patriotic consideration- which the questions involved demand, I desire to say that I am of the opinion that the demands made of Chile by this Gov- ernment should be adhered to and enforced. If the dignity as well as the prestige and influence of the United States are not to be wholly sac- rificed we must protect those who, in foreign ports, display the flag or wear the colors of this Government against insult, brutality, and death, inflicted in resentment of the acts of their Government, and not for any fault of their own. It has been my desire in every way to cultivate friendly and intimate relations with aU the Governments of this hemisphere. We do not covet their territory; we desire their, peace and prosperity. We look for no advantage in our relations with them, except the increased exchanges of commerce upon a basis of mutual benefit. We regret every civil contest that disturbs their peace and paralyzes their deyelopuient, and are always ready to give our good offices for the restoration of peace. It must, however, be understood that this Government, while exercising the utmost forbear- ance towards weaker powers, will extend its strong and adequate pro- tection to its citizens, to its officers, and to its humblest sailor when made the victims of wantonness and cruelty iu resentment, not of their personal misconduct, but of the official acts of their Government. Upon information received that Patrick Shields, an Irishman and probably a British subject, but at the time a fireman of the American steamer Keweenaw, in the harbor of Valparaiso for repairs, had been subjected to ]^ersonal injuries in that city — ^largely by the police — I XIV RELATIONS WITH CHILE. directed the Attorney-G-eneral to cause the evidence of the officers and crew of that vessel to be taken upon its arrival in San Francisco; and that testimony is also herewith transmitted. The brutality and even savagery of the treatment of this poor man by the Chilean police would be incredible if the evidence of Shields was not supported by other direct testimony and by the distressing condition of the man himself when he was finally able to reach his vessel. The captain of the vessel says: " He came back a wreck; black from his neck to his hips, from '' beating; weak and stupid, and is still in a kind of paralyzed con- " dition, and has never been able to do duty since." A claim for reparation has been made in behalf of this man, for, while he was not a citizen of the United States, the doctrine long held by us, as expressed in the consular regulations, is : " The principles which are maintained by this Goverment in regard to the protection, as distinguished from the relief, of seamen are well settled. It is held that the circumstance that the vessel is- American is evidence that the seamen on board are such; and in every regularly documented mer- chant vessel the crew will find their protection in the flag that covers them." I have as yet received no reply to our note of the 21st instant, but in my opinion I ought not to delay longer to bring' these matters to the attention of Congress for such action as may be deemed appropriate. Benj. Haeeison. Executive Mansion, January 25, 1S92. CORRESPONDENCE. Mr. Mgan to Mr. Blaine. Fo. 88.] Legation op the United States, Santeago, August 15, 1890. i[Eeceived September 25.) Sir : I have the honor to inform you that his excellency the Presi- dent of Chile has accepted the resignation of the ministry in which Senor Don Enrique S. Sanfaentes held the post of minister of the interior and Don Juan E. MacKenna that of foreign relations, and has appointed in its stead a new ministry, of which the following is the personnel : Don Belisario Prat, minister of Interior; Don Gregorio Donoso Vergara, of Justice and Public Instruction; -Don Manuel Salufetio Fernandez, of Treasury ; Don Federico Errazuriz Echaurren, of War and Marine ; Don Macario Vial, of Industry and Public Works ; and Don Jos6 Tocornal, of Foreign Eelations and Culture. ' For some months past a very; serious struggle has been in progress between the executive and legislative powers here, arising in the first instance from the belief on the part of the opposition that the influence of the Executive, which ife very great, was being exercised in favor of a candidate for the Presidency who wasnot acceptable to the majority in Congress. Under the constitution of Chile, adopted in 1833, the President has the power to appoint and remove, at his own will, the ministers of state and most of the public officials; but, as a check upon this power, Con- gress may, should the ministers not have its confidence, censure them; and such action on the part of Congress Has heretofore been followed by the resignation of the ministers. In more extreme cases Congress can refuse to vote supplies. In January last the President;, without reference to the opinion of the majority in Congress, appointed a new ministry, and later on the fullest assurances were given that all idea of an official indorsement of any Presidential candidate had been abandoned. Upon the meeting ot Congress, on the 1st of June last, the first step taken was to pass a vote of censure upon the ministry, without even according them a hearing. The ministers declared that this action of Congress was hasty and uh- justifiaible, and upon those grounds determined, with the approval of the President, to continue to hold their offices ; whereupon both houses of Congress resolved that they should not vote the "contribuciones," or supplies, and, as the law empowering such collection lajjsed on the 30th of June, this action left the Executive without power to collect import or export duties or revenues after that date. During all of last month political party feeling ran very high, and for some time it looked as if the more extreme adherents of one party Z RELATIONS WITH CHILE. or the other might resort to violence; but the good sense and patriot- ism which have always so strongly marked the Chilean character pre- vailed, an honorable compromise between the contending parties has been arrived at, and with the appointment of the present ministry by the President and the voting of supplies by Congress — which latter has just taken place — entire harmony has been restored, I have, etc., Patrick Egan. Mr. Egan to Mr. Blaine. No. 100.] Legation of the United States, Santiago, October 17, 1890. (Eeceived November 25.) SiE : I have to inform you that the ministry, of the organization and peirsonnel of which I conveyed the information in my No. 88 of the 15th of August last, has resigned, in consequence of alleged interference on the part of the Executive in the selection of a candidate for the presidency, and that on yesterday there was appointed by his excellency the Presi- dent a new cabinet, of which the following is the composition : Minister" of the Interior, Don Claudio Vicuna ; of Justice and Public Instruction, Don Ea'fael Casanova; of the Treasury, DonLauro Barros; of War and Marine, Gen. Don Jos6 Francisco Goma; of Public Works, Don Eulojio Allendes ; and of fl)reign relations and culture, Don Domingo Godoy. Since the tesignation of the late ministry, which took place on the 7th instant, the President appears to have made repeated efforts to come to terms with the leaders of the radical section of his party (the Liberals), but without avail. He has therefore appointed the present ministry entirely from his own section of the party, which is in the mi- nority in Congress, and he has taken the step of summarily closing the extraordinary session of Congress, which h^ had called for the 1st of the present month, and which was expected to continue until the end of December. This action has caused intense feeling, and will lead to a very active agitation on the part of the opposition, which in all probability wiU continue until the election of members of Congress in March next. Then, however, the President's party will, so far as I can now judge, secure a majority. • I have, etc., Patrick Egan. Mr. Egan to Mr. Blaine. [Telegram.] Legation op the United States, Santiago, January IS, 1891. (Eeceived January 14.) , On mght of 6th mstant six ships of Chilean navy, at instance of con- gressional majority, revolted and still lie inactive off shore; are no\? declared outlawed. Large number of opposition leaders on board. Army seems solid for President. The Government so far maintains perfect order throughout country. DIPLOMATIC COEBESPONDENCB. 3 Mr. Egan to Mr, Blaine. No. 120.] Legation OP the United States^ Santiago, January :f.2, 1891, (Eeceived Marcli 9,) SiE : In my dispatcli No. 100 of October 17 last, I had the honor to inform, you of the resignation of the ministry of August 15, kn6wn as the Prats ministry; of the appointment by the President of a new min- istry, elected entirely trom his own section of the Liberal party ; of the summary closing of the extraordinary session of Congress, and of the fact that those steps had caused intense feeling and would lead to very active agitation on the part of the opposition. This latter prediction has been more than verified. The feeling has intensified and the agitation has gone on increasing until it has at length broken out in an attempt at revolution. , The action of the President in closing Congress, as above stated, re- sulted from the fact having come to his knowledge that the opposition had prepared, and were about, as a matter of political strategy, to place upon the files of the House an impeachment of the ministry which held office from January to August; and, as Senor Don Enrique Sanfuentes, who was supposed to be the candidate favored by the Executive for the presidency, had been the chief of that cabinet from June to August, this impeachment would have made him ineligible for el,ection. The President met this move by summarily closing the extraordinary session of Congress, as he was entitled under the constitution to do. At the time that Congress was so closed it had not yet voted the esti- mates for the succeeding term, nor passed the bill fixing the number and providing for the maintenance of the army and navy, and the oppo- sition claimed that aft^ the last day of December the President, with- out such congressional authority, would stand in the position oi a dic- tator; while the Executive maintaii^^ed that it was the duty of Congress to have passed those laws within the term of the regular session, and that, having failed in doing so, it had become the duty of the President to do all that might be necessary for the preservation of order at home and the security of the national interests abroad. Meantime the political struggle was carried on throughout the coun- try between the opposition on the one side, composed of a coalition of the most divergent elements, including the conservative or church party, some groups of dissenting Liberals, and the extremeradical or antichurch party, and on the other the presidential Liberals ; and, as it became more evident that under existing conditions the presidential party would secure a large majority in the cbming Congress, the opposition, which is rich and powerful, prepared for revolution. On the 1st instant the President Issued, through the medium of the Diario Oflcial, avery able exposition of the causes which have led up to the present deplorable situation and of the position which he proposes to maintain. I will forward copy of this manifesto, together with a trans- lation, by next mail. On the night of the 6th instant a number of the leaders of the oppo- sition, including the vice-president of the senate, Senor Don "Waldo Silva, and the president of the Chamber of Deputies, Don Eamon Barros Luco, proceeded on board the Chilean fleet lying in the harbor of Val- paraiso, and, in the name of the national Congress, proclaimed the revolution. The ships taking part in this movement are the Blanco Encalada, the Cochrane, the Esmeralda, the Huascar, the G'Higgins, and the Magellanes, all of which arp now under the command of BefLor Don Jorge Montt. There are on board about 800 officers and crewj 4 EELATIONS WITH CHILE. about 200 soldiers, deserters from the regular army; about 300 to 400 boatmen and others picked up along the shore, and some 400 to 500 citizens. There are three other ships now on the way from Europej but steps have, been taken by the Government to prevent them from falling mto\ the hands of the revdlutionists. Immediately upon the leaders going on board on the night of the 6th instant the fleet stood out to sea, but returned to the bay in the course of the 7th, and fired a number of guns and made other signals, evidently anticipating friendly responses from the artillery and other branches of the army on shore, but none were returned. Since then, with the ex- ception of occasional cruises alongshore by one or two of the ships, the fleet has remained inactive. . Meantime the President and his cabinet have taken the most active steps to organi?ie the army, which from the best information I can gather, appears to me to be entirely loyal, and to increase its strength, and up to the present the inost complete order has been maintained every- where throughout the country. I forwarded to-day, by way of Buenos Ayres, the west-coast cable being cut, a cable message summarizing the foregoing information. , An interesting feature of the struggle is the contention on the part of the President for a popular representative status similar to that oc- cupied by the President of the United States, with the additional power to appoint and remove his ministers at pleasure, which right is given Tiim under the constitution, while the opposition battles for a strictly parliamentary system and the removal of ministers whenever they cease to have the support of a majority in Congress. I have, etc., Patbick Egan. Mr. Egan to Mr. Blaine. [Telegram.] Legation of the United States, Santiago, January 17, 1891. (Eeceived January 19.) Eevolted fleet about to blockade Valparaiso, Iquique, and other ports. I bave advised consuls to make strong protests. Squadron urgentiy needed for protection of United States interests. Mr. Egan to Mr. Blaine. No. 122.] Legation of the United States, Sdntiago, January 17, 1891. (Eeceived March 9.), Sik: In compliance with a request froni Senor Don Domingo G-odoy^ minister of foreign relations, I called yesterday at the ministry and there met the diplomatic representatives of Germany, England, and France. Senor Godoy informed us of the intended blockade of Iquique and other ports by the portion of the fleet in revolt, and requested to be in- formed as to what action would be taken, under the circumstances, by the JliplomaticrepresentatiYesof the several nations interested in the com- nerce of those ports. The members of the diplomatic body present agreed ' ' DIPLOMATIC COBRESPONDENCE, 5 I that, iu order to avoid coming into direct relations with the chiefs of the revolutionary squadron, a course which, might in some measure imply, recognition, they should confine themselves to advising the consuls at the several ports threatened to make strong protests against the block- ade, and to convey such protests to the chiefs of the fleet and also to the intendentes. Since then I have received information of the intended blockade of Valparaiso, to take effect from 12 o'clock to-morrow. I have accordingly dispatched telegrams to the consuls at Valparaiso and Iquique advising them to make such protests, and have forwarded to you to-day by transandean route a cable message. Iu the present condition of things here it would be of very greatest importance to have a United States squadron on this coast for the pro- tection of United States interests, and I have so stated in my telegram. I have, etc.. Patrick Egan. Mr. Ugan ta Mr. Blaine. No. 123.] Legation of the United States, Santiago, January 19, 1891. (Eeceived March 9,) Sir : I have the honor to refer to my 'So. 120, of the 12th ingtant, and now inclose copy of the President's proclamation of January 1, from the Diario Oflcial therein referred to, and translation of same from the Chilean Times, of Valparaiso, of the 17th instant. In it you will find a very fiiU and interesting exposition of the causes which have led up to the present attempt at revolution and of the position which the Presi- dent of the EepubMc has taken up. Up to the present there has been no encounter between the contend- ing forces beyond some slight brushes between the military and some boats of the squadron taking off refugees or recruits from the shore, and a few shots between one of the forts at Valparaiso and the ironclad Blanco Uncalada. In the latter instance there were 6 of the crew of the BloMco Enealada killed and 8 wounded. The army seems to be entirely loyal to the Executive, and it is being rapidly increased. By the end of the month its number wiU reach 25,000 men. So far the only foothold which the maritime forces have succeeded in gaining on shore is at Ooquimbo, where they landed a few hundred men ; but an effective force of Government troops is now on the way there to dislodge them. > The most entire order is maintained throughout the country. I have, etc., Patrick Egan. [IncloBure in No. 123.— Translated from the Diario Oficial.l Proclamation of His Excellency the, President of the By>ubUc. To the Nation : To-day, January 1, 1891, I find myself governing Chile under the same conditions as during all the month of January and part of February in 1887, without a budget and without a renewal of the law providing for the strength of the land and sea forces. All the Presidents since 1833 up to this date, with the exception of one only^ have governed the Republic during years, months, and days, but always for some time, without a budget and without the law providing for the strength of the land and sea forces. 6 RELATIONS WITH CHILE. Up tQ this moment nobody ]ia8 believed tbat the Presidents of this cultured and , laborious nation have converted themselves into tyrants and dictators, because in cases of voluntary omission, negligence, or any other cause on the part of Congress to comply with the constitutional and includible duty of opportunely assisting m the passage of the budget and of the law providing for the strength ot the land and sea forces they have continued, in obedience to a fundamental and express mandate of the constitution, to govern the State and to extend their authority to everything having for its object the preservation of public order at home and the security ot the Eepublio abroad. Articles 50 and 72 of the constitution say as follows: "Art. 50. A citizen with the title of President of the Republic of Chile shall gov- ern the State, and he is supreme chief of the nation. ' ' Art. 72. To the President of the Republic is confided the administration and gov- emnient of the State, and his authority extends to everything having for its object the preservation of order at home and the security of the Republic abroad, observing and causing to be observed the constitution and the law." By these prescriptions there is radicated in the President of the Republic all the sum of constant and necessary authority to insure public tranquillity, the preserva- tion of order, and the security of the Republic abroad. Article 28 of the constitution says : " Only by virtue of a law is it permissible — * "2. To fix annually the expenses of public government. "3. To fix also annually the strength of the land and sea forces in time of peace or of war. "The act to authorize the recovery of taxesis for eighteen months only, and the act providing for the strength of the land and sea forces is only for an equal period of time." The President of the Republic, Congress, and the council of state must take part in the formation of the budget and of the bill providing for the strength of the land and sea forces. These laws are not the exclusive attributes of Congress, and consequently this Ijody can not, without being wanting in its most elementary duties, frustrate a constitutional mandate which affects the very foundations upon which rest the pub- lic powers. Neither can Congress frustrate the fulfillment of this duty by the Pres- ident of the Republic, because in the formation, of the laws which affect the security and government of the State each power must opportunely fulfill the obligations imposed upon it for the regular march of all the branches of Government. This is the spirit and this is the letter of the fundamental law. The constitution of 1833 was the definite triumph of the Conservative party, which sainotioned it, over the Liberal party, which promulgated the constitution of 1828. Under the sWay of this constitution the Republic was unhinged, forasmuch as it an- ticipated, through an excess of decentralization and of liberty, the progress and the social and political situation of the period; The adopters of the constitution of 1833 never thought that, in order to dominate the President of the Republic or to absorb the direction and government of the State, a majority of Congress might frustrate the opportune passage of constitutional laws, and thus perturb public order, excite political passion, and engender anarchy. President Pinto, in a proclamation to the people, stated the intentions of the framers of the constitution of 1833 to be as follows : " Despising tlieories as fascinating as impracticable, they have fixed their atten- tion solely on the means 6f insuring forever order and public tranquillity against the risks to which they have been exposed through the ups and downs of political parties. The reform is nothing more than the method of putting an end to the rev- olutions and disturbances to which the derangement of the political system in which the triumph of the war of independence placed us gave rise. This is the means ot making national liberty effective, which we should never obtain in its true state so long as the powers of the Government were not defined with exactitude and license was not opposed by restraints." , If the capital object of the constitution of 1833 was to vigorously strengthen the principle of authority and concentrate in the Executive the necessary sum of power to annihilate revolutions and license, it can not be conceived why it is pretended to convert the President of the Republic from an active into a passive power, subject to the will of an irresponsible power and with the right to refuse to pass the laws upon which repose the life, the credit, and the stability of our institutions. Laws can not be dictated without the assent of the chief of state, because by virtue of articles 35, 36, and 37 of the constitution he has the power to veto them wholly or in part. It can not, therefore, be maintained by Congress that in the ex- ercise of its legislative attributions it cnn impose upon the President the direction and the government of Chile, been U8e~~ this pretension is irreconcilable with the pre- rogatives of the chief of the nation and incompatible with the liberty, the inde- pendence, and the responsibility of the constitutional powers of Chile. DIPLOMATIC CORRESPONDENCE. i I The attributions of Congress over the executive power are merely inquisitorial and critical, or the impeachment of ministers during their term of office and for six months afterwards, or the impeachment of the President of the Eepnhlic when he has completed his term of office. These are the weapons which the constitution has placed in the hands of Congress for the purpose of resisting the abuses of the President and his ministers. But there can not be deduced from this the extraordinary pretension of paralyzing the consti- tutional regimen, of attacking the army and navy, or the public administration^ because the President will not abdicate the right freely to name his ministers, or because he will not submit to the desires of a legislative majority. Neither in the ordinary session, nor in the September prorogation, nor in the Oc-' tober extra session were the budget and the laws providing for the -strength of the land and sea forces passed. Congress was closed in October, it is true, but for reasons that I will state in the relation of the ideas and circumstances which I propose, to set forth. I have not convoked Congress subsequently, because in the discretictaal exercise' of my purely pdfbonal attributions I cqnld convoke it or not according to the opin- ion or, criterion that I might form with respect to the attitude the parliamentary majority would assume. , Everybody is acquainted with this attitude. ^ ^ In the name of a pretended parliamentary regimen, incompatible with the Re- public and the popular representative regimen laid down in the (Jonstitution, it haa been sought for purely electoral causes to obtain possession of the Government through ministers in the confidence of a majority in Congres^. » In the press and in the official acts of the coalition it has' been declared in the most peremptory terms that the majority of Congress has the right not to comply with the constitutional duty of opportunely passing the laws which affect the very existence of the State, and which may precipitate Chile into revolution and anarchy ' if the President does not deliver up to it through ministers in its confidence, the direction and the government of the nation. Neither as a Chflean, nor as the chief of state, nor as a man of conviction could I accept the political r61e the parhamentary coalition wished to impose upon me. TTie majority of Congress has thought fit to infringe the constitution by. not pass- ing the budget and the law providing for the strength of the land and sea forces; it has thought fit to excite the army to disobey its chiefs and to stimu&te the in- ' different or disdainful populace to begin a revolution to extricate it from the moral and political situation intp which it has been precipitated by its errors ; it has stated that the President of the Republic is assuming a dictatorship, and because he nas not delivered up the reins of government to those who vituperate him and distort his acts and purposes; and it has in its aberrations proclaimed revolution in the palace of the law. But neither its voluntary omissions, nor the aggressions which nave covered , the precincts of its sessions with opprobium, nor the irregularities caused to the public service relieve me from complying inexorably with the consti- tutional duty imposed in my mandate by articles 50 and 72 of the constitution. I can not ibr one single instant neglect to govern the State and preserve public order and the external security of Chile. ' It is my duty to observe and cause to be observed the constitution. Because I am disposed to observe it, I will not deliver up my citizens to anarchy; and because it is my duty to cause it to be observed, I will never submit to Congress disowning my Mtributions, or f o its arrogating sovereignty, or to its taking the title of representpi- tive of the people, because this would be an' intraotion of article 150 of the consti- tution, which the said article styles sedition. : The majority in Congress has not complied, nor has it desired to comply, with the constitutional duty of passing the budget and the land and sea forces bill. , It has exposed our institutions to the dangers of a situation excited by personal^circles di- vided among themselves, holding opposing doctrines, having different leaders and different ambitions, and in every c^se without responsibility. If, in the opinion ot the majority of Congress, its deliberate determination not to pass the laws affecting the life of the nation creates an irregular state of affairs for the President of the Republic, nobody in Chile, not even thjC public powers, have on that account the right to make a revolution. Even in the supposition that the aberrations of the majority in Congress are im- putable to the chief of the nation a revolution can not be proclaimed on that ac- count. The constitution has provided for the event of the iPresident of the Republic- or his ministers infringing the constitution and the laws, and in view of this event- naUty it prescribes, in articles 74, 83, 84,85, 86, 87, 88, 89, 90, 91, and 92, thte only order and form in which the President and his ministers cnn be made responsible: / All other procedure is contrary to the prescribed order and form and is revolu- tionary. 8 RELATIONS WITH CHILE. In obedience to the constitution it is my duty to govern the State and maintain internal order and the external security of my country ; and therefore I shall main- tain the army and navy and shall pay the services that constitute the social life and the very existence of the Eepuhlic. II. It will be advisable to consider the antecedents, in their most general and com- prehensive features, of this truly historical hour. Elected President in 1886, 1 procured the patriotic agreement of all the members of the di^-ided Liberal.family upon the basis of a sole political direction, a sole creed, and one and the same procedure. The most perfect respect towards the Conservative party formed part of the basis of this policy. Never had more persevering efforts been made for the unification of the Liberal party. I forgot the violence of past struggles, and I called to assist in the task of governing all the Liberals who had helped to give me the supremecommand. The Nationals publicly declared, through their representatives in the GfoVernment, that they joined the ranks of the party on the same conditions as all other members. The Dissentient Liberals also accepted the policy of unification and declared that in future they should consider themselves a_s members of the Liberal party. After the elections in 1888, and "when Congress was constituted, there occurred in the ministry, owing to a partial crisis, a, stormy disagreement between the Nationals and Dissentients. After the election of the chambers it resulted that the Nationals ha(f remained Nationals and a portion of the Dissentients again became what they before had been. From that moment it was not possible to organize a ministry that would insure the quietude of the Liberal party. The Nationals declined to form part of the min- istry which succeeded thart which resigned in April, 1888, and on this account the quarrels and jealousies of personal circles began anew. All the work of unification of 1886 and 1887 was finally compromised by the personal sympathies or antipathies of the difterent parliamentary groups. During a year and a half the Liberal groups fought among themselves like natural and irreconcilable enemies. With the object of correcting these errors and of procuring the union of all the Liberals, my condescension carried me to the length of organizing the ministry ol October, 1889. In it I gave representation to five liberal parties, each with difijerent leaders and direction, one of these parties having consisted of four deputies and four senators only. Nevertheless, this did not bring about any agreement in the October ministry, nor in the congressional groups which they represented. Some of the liberal parties agreed, in January of the year just closed, upon the basis of a convention to desig- nate the candidate of the Liberal party for the Presidency of the Republic, dis- regarding altogether the party which had the greatest numerical representation in Congress and the leading provincial Liberals, and without departmental dele- gates, in order by this means to give to Santiago circles the solution of the electoral problem, with manifest forgetfulness of the principles maintained by the party and of the respect due to the general opinion of thwcountry. The rupture of the Liberal parties was made public, and odious manifestations took place in the Chamber of Deputies, the crisis of last January resulting trom this cause. Never, in speeches and in the press, was such violent and opprObious language made use of. It was desired to conclude with the respect due to the authorities, and to raise the parliamentary majority to the sole sovereignty as the only one worthy of the adhesion of Chileans. At the opening of Congress on Julne 1 last Don Enrique S. Sanfuenteg, performing an act of chivalry and patriotism, accepted the position of minister of the interior and declared in and out of Congress that his supposed candidature to the Presidency was irrevocably eliminated. He called everybody to a generous and honorable agreement, as the only cause assigned for the disunion of the Liberal party was his supposed official candidature. But they who refused to listen heard nothing. The ministry of Sefior Sanfuent&s was violently censured before being heard in both chambers. There was no respect, no liberty of defense, nor even the courtesy which the Chamber of Deputies had always shown to the representatives of the Ex- ecutive. It was necessary for the ministry to abandon the precincts of Congress, lamenting the errors which undermine the prestige and the authority of the consti- tuted powers. In July the parliamentary coaliton suspended the recovery of taxes, and this law of national existence was converted into an offensive weipoii, which was wielded in such a manner as it never has been by any congress in the world. DIPLOMATIC CORRESPONDENCE. 9 The conflict being terminated by the resignation of the Sanfaentes ministry and the OTganization of that presided over by SeSor Prats, the latter raised over the com- batants the banner of political neutrality, wbich favored all alike. The policy of neutrality was faithfullv observed. Political parties were organized and they commenced work with the view of en- listing adherents. But the policy of neutrality involved a serious danger for a con- siderable part of the parliamentary coalition, which had no adherents to speak of except in a few towns. It was without support among the people, and, no matter how numerous it might hav« been in Congress, there was no possibility of its maintaining the situation it aspired t6 under the regimen of the neutrality which had been pro- claimed. It was owing to this ciroumstaiice that the majority in Congress obstructed the passage of the bill providing for the strength of the land and sea forces; and it was on this account it was stated in public and even to members of the Government that supplies would be voted month by month only, and that the want of confidence would be maintained in all its vigor until such time as they possessed ptiore direct influence in the direction of the Government. The Prats ministry did not fight, nor did it desire to fight, and, being under- mined finally by the suspicions of the parliamentary majority, which it could not satisfy without breaking the neutrality in detriment of the Liberal party which had all along supported the Government in difficult times, it i?esigned. Acting on the patriotic suggestion of tliis ministry and on my own very lively desire to make a last eifpft for the pacification of Congress and the union of all the Liberals, I proposed, through the medium of /the respectable and well-known geijtle- men Messrs. Enrique S. Sanfueutes, Anibal Zanartu, and Jos6 Tocomal, a sole conven- tion for the designation of a candidate for the Presidency of the Republic. I proposed that the coaditions of the convention should be discussed and agreed upon by all parties: but I expressed to everybody the desire that the programme of the convention shoilld be framed in such a manner as to prevent the Conservatives attending, inasmuch as they were intimately united by friendship and partnership with Nationals, Radicals, and Dissentients; audi asked, in fine, that the number of votes required for the proclamation of a pandidate should be two-thirds,three- fourths, four-fifths, or Sis many as they chose, provided that it could be proved by the required number of votes that the President of the Republic would be powerless to influence the designation of a candidate. I could do no more. ' If the ostensible cause of the political disagreement was the gratuitous supposi- tion that I supported and assisted an official candidate, that cause disappeared abso- lutely from the moment in which I offered to the coalition, with the consent of the Liberal party that was giving me its support, that it should fix the quota, of votes required to designate a candidate, accepting beforehand the mxmber they should judge to be necessary to destroy all official influence, and that should assure me by this means a quiet government' for the remainder of my term of office. I can not conceive what more efficacious method nor what more conclusive proof I could have given of my respect for the opinion of all, and of my willingness to accept the reso- lution of political parties, and of my wish to conclude my term in peace. But the sole convention suggested by the Prats ministry, and accepted and sup- ported by me in a form so advantageous for the coalition, was accepted for a moment and rejected on the day following. Did vacillation supervene among the numerous aspirants to the Presidency in the ranks of the coalition, or did they comprehend the anarchy to which they might be dragged by the ambitions of their own leaders? Were the sole convention and the designation of a candidate without official interference subordinate 'questions, be- cause the principal, if not the sole and only, question was to obtain possession of the official influences which were so loudly impugned ? Thefacts speak for themselves. The sole convention was rejected and a ministerial organization was demanded. If the sole convention had been accepted, it would have been followed by the or- ganization, free from odious suggestion's, of a ministry of all parties, which in its official position should be a guaranty to all of my impartiality and electoral nonin- tervention. But neither a tranquil and respectful solution between the public pow- ers nor the electoral nonintervention of the Government were desired, but the un- conditional and absolute dominion over Congress. Nevertheless, I acceded to the desires of the coalition, and I formed a ministerial combination in which there figured Don Zorobabel Rodriguez for the Conservatives; Don Manuel Amuna'tegui, closely allied with Dissentients and Radicals ; Don Dario Zanartu, as intimate* a friend of the Nationals as of their Liberal adherents ; and - Messrs. Claudio Vicuna, Lauro Barros, and Fernando Lazcano, aU most honorable persons, wliose antecedents and uprightness were a pledge of peace for friends ^nd adversaries. 10 RELATIONS "WITH CHILE. 1 This oombination was rejected by the coalition, just as the sole convention had ■been. > The situation' was clearly defined. Thiey wished me to abdicate or sabmit to the parliamentary coalition. And, in order to arrive more rapidly at these extreme results, the respective com- mittees of the Chamber of Deputies and the coalition had agreed to demand the annulment of the privileges of the councillor of state, Don Gabriel Vidal. It was also agreed to reform the rules of the Chamber of Deputies, 'with the object of fixing certain invariable periods for granting fixed sums in the public expenditure and leaving the variable items to the uncertain result of indefinite discussions. Finally, it was resolved to impeach the ministry of May, notwithstanding that the proposal to impeach had been rejected in August. Neither a sole convention nor a ministry in accord with the Executive and legislature was desired; it was desired to make government an impossibility, and io hurl me from the position to which my fellow- citizens elected me by the very men who said they were elected senators and depu- ties through my official intervention in 1888, and many of whom I had covered with honors and benefits. . ' . For honor, for duty, for a profound conviction of what the Government of Chile is and ought to be, and because I was provoked to an irrevocable conflict, I closed Congress and took upon myself the entire responsibility of events. It was to have been expected that the coalition would have taken a moment's repose, in order to give room to more equitable irispirations and to the reflection and tact by which politicians who have legitimate and reasonable ambitions ought to be governed. But the coalition found a home in the Comision Conservadora. It was agreed to break the constitution and the law by permitting persons not belpnging to the comision to take part in its debates. Electoral intervention committees were appointed to visit the country and towns, and these committees were formed by persons interested in the electoral contest, and by persons without any right to figure in the Comision Conservadora. It was resolved to sit without a legal quorum. Arbitrary resolutions opposed to the doctrines maintained officially and publicly by the members of the Comision have been dictated. Every kind of weapon has been employed, and the palace of Congress has been converted into an arena of the most deplorable political aberrations. This political decadence has authorized personal and selfish alliances, in which the ideas and the very affiliation of parties have been wrecked. The exigencies of the moment drew the Liberals to the diminutive Conservative fraction in Congress, and before it they hauled down their banner and maintained, by the side of the Conservative leaders, ideas entirely opposite to those which, as Liberals, they had maintained on electoral matters and, above all, on municipal mat- ters. Th« very persops. who had combatted Conservatire leaders and ideas ujiited themselves with the Conservative party and hotly maintained the opposite of what, as Liberals, they had maintained a few months previously in the Government and Congress. , The electoral law which the opposition Liberals and Conservatives prepared last autumn was passed in a most unconstitutional manner. Many substitute senators. whoSe term expired in this year had it prorogued for three years more, th^y themselves voting' for the change and taking advantage of the political difficulties of the moment. It was resolved to accumulate departments for the election of deputies, against the constant interpretation given to the funda- mental principle by Chilean politicians during fifty-seven years. Provinces were accumulated for the election of senators, the Congress of 1890 resolving exactly the contrary to what the Congress which made the reform in the constitution agreed to by a special vote on the matter. The absolute want of study and experience of the framers of the law has been shown in practice. It is a mass of errors and want of foresight which I had to a.ccept in order to avoid creating difficulties with respect to the policy of neutrality pro-, claimed by the Prats ministry. With respect to the proposed municipal law, it may be affirmed that, with regard to the constitutional order of a country and taking into account its social, political, and economic condition, there has never been framed a law with such strange pro- visions, nor one that proves more clearly the want of science, practical observation, and of respect for the constitution that rules this dcHtinics of tlie nation, for eco- nomic justice and national convenience. It was a proposed law of circumstances, upon whicli, for the political interests of the moment, Brlniost everybody agreed to against the conviction of all. The Liberals are not wanting in the n(MOHsaiy science and experience to form a clear conception of that singular work, biit the necessity of keeping united with the Conservatives to impugn the Liberal party and make the President of the Republic snbmlt, has caused them td forget their convictions and their past and to place DIPLOMATIC CORRESPONDENCE. themselves unconditionally at the service of the diminutive fraction of the Conserva- tive party in Congress. It is nedessary to recognize that in all these evolutions the real public interest has fallen under the feet of those -who maintain the predominance of the parlia- mentary coalition. The same thing happened in August, when the coalitioji endeav- ored to cause the State to lose from $6,000^000 to $8,000,000, the amount of the im- posts not paid during the forty-four days in •srhich the same coalition arbitrarily suspended the recovery of taxes. In this manner the good ideas, sound doctrine, prudence, moderation, and patri- otism with which the grand social or political problems of state ought to be con- templated arts wrecked. In the meantime the bills which I presented for increasing the pay of the army and navy, the judiciary, and employes of the custom-house, treasury,' and public instruction are allowed to perish in the archives of Congress. Nor have there been passed the bills for creating savings banks for public employes, waterworks, drain- age for large towns, and railways for Putaendo, Nacimiento, Cerrillos de Ovalle, and many others designed for the progress of the nation and the public welfare. All the poUoy'of the coalition has been directed of late .to the demolition of our institutions and to the seizure of the Government of the nation. This is the only manner in which can be explained the alarm which has been spread for the purpose of creating agitatiouj because the majority in Congress has not fulfilled its duty by passing the budget and the land and sea forces bill. • It is a fact known to everybody that all the Presidents of Chile, except one, have governed ft)r some time without the passage of the land and sea forces act. The same thing has happened with the budget. During the Blunes administration, in the years 1848, 1850, and 1851, the budget was agreed to after the Ist of January. During the Perez administration the budget of 1864 was promulgated on January 19, that of 1867 on the 8th, that of 1869 on the 2d, that of 1870 on the 16th, and that 6f 1871 on the 10th of January. So that in five years the Perez administration gov- erned for some time without a budget. During the Err^zuriz administration the budget of 1872 was promulgated on Jan- uary 11, that of 1873 on the 4th, and that of 1876 on the 3d. So that President Err^zuriz was for some time in identically the same situation as President Perez. During all the years of the Pinto administration the budget was promulgated after the 1st of January. In 1877 it was promulgated on January 27, in 1878 on the 21st, in 1879 on the 21st, in 1880 on the 6th, and in 1881 on the 2Sth. In 1882 !the budget was promulgated on January 13; in 1883 on the 22d; in' 1884 on the 19th, in 1885 on the 23d, and in 1886 on February 9, or forty days after Janu- ary 1. President Santa Maria governed for upwards of a month without a budget. Finally, on February 14, 1887, I promulgated the budget, Don Augustin Edwards being minister of finance. So that I have governed ChUe forty-five days without a budget. The Presidents of Chile were never stigmatized as tyrantsor dictators on account of these occurrences. But let us see what is the dictatorship of which I am accused, and what is the question of government created by Congress by the nonfulfillment of its constitu- tional duties. The whole of the question is this : (1) Shall or shall not the army and navy be paid tlieir wages, and shall or shall not the service of the debt and the cost of the naval constructions be defrayed ? (2) Shall or shall not the 30,000 public employes and the 40,000 workmen employed on railways, roads, bridges, schools, lyceums, jails, temples, and so many works that aggrandize Chile be paid for their services or notf With respect to the pay of the army and n,avy, although the law is for one year, the constitution says that the taxes shall be decreed for eighteen months, and they expire at the end of next June. With respect to the pay of the public employes and the men employed on public works, we will not leave them without broad. We will not deprive thousands of men and their families who earn a livelihood by giving their services to the State of work or pay. It being our duty, in the strict fulfillment of the imp^ative mandates of the con- stitution, to govern the State and maintain the internal and external order of Chile, we will not deliver up tne army and navy to misery, nor the servants of Chile to despair. They are the guaranty of order, public peace, and social life. There may occur irregularities in the public administration in consequence of the majority in Congress having frustrated the passage of the constitutional laws which more directly concern the national institutions; but the majority in Congress has no power to overthrow the constitution, nor to annihilate the Executive, nor has it the right to incite to anarchy and to proclaim a revolution. 12 ^ RELATIONS WITH CHILE, III. This conflict of powers arises not only from the exorbitant political pretensions of the majority in Congress, but from a Jwofound error of conception and of <=r««"°°^: . "The Government of Chile is popular representative. The sovereignty resioes essentially in the nation which delegates its exercise in the authorities prescriDea oy this constitution." ,^_. j. +• +1,0 Notwithstanding the clear and incontrovertible meaning of this precept .01 tne political constitution, the coalition maintains that the Government of Chile is par- liamentary, that Congress is the only sovereign, the only one to whom it corresponas to fix annually the strength of the land and sea forces and the amount ot tne esn- mates of pu,blic expenditure. , , , _„ . ., „. ^t. It is' not a fact that to Congress alone corresponds the duty of fixing the strength ■of the forces and the amount of the expenditure, as has been ptremptorily laid ttown by the Comision Conservadora. The estimates and the forces bill do not belong ex- clusively to Congre8.s. On the contrary, they are laws in the formation ot wnicn tne Executive takes a part. The joint action of the Executive and Congress is required; and as the duties whiih'the constitution imposes on both powers are equal, Con- gress can not in the luuiie of a parliamentary regimen not authorized bj the consti- tution frustrate the passiige of iundamental laws for the preservation ot the btate and public peace. '. , AS 1 have said alry.Mly, reasonable and patriotic parliamentary criticism, or tne impeachment of the President and ministers in the form authorized by ^he consti- tution, is the only iiiiiuuer in whi( h Congress can exercise its power of supervision. The refusal to pass the laws from which the State derives its existence is simply the ■dictatorship of Congress over the Executive, or revolution. The parliamentary regimen advocated by the coalition is incompatible with repub- lican government. Parliamentary regimen is monarchical government with repubh- Qf^ a letter from the Secretary of the Navy, of the 19th instant, saying the-lTnited States steamship Pensacola arrived at Valparaiso, in obedience m the orders of that Department, on the 28th of February, and that the United states steamship Baltimore was about to depart from Montevideo for the same destination. It is also pro- ' posed to dispatch the United States stfeamsliip San Prancisoo from San Francisco as soon as instructions can be sent to her. I am, etc., James G. Blaine. DIPLOMATIC CORRESPONDENCE. 19 Mr. Egan to Mr. Blaine. No. 147.J Legation of the United States, Santiago, March 31, 1891. (Eeceived May 5.) Si:^ : Since my No. 143, of tlie 17th instant, there is but little to report in the progress of the revolution. On account of the impossibility of keeping" up a supply of j&resh water at Antofagasta, of the sterile nature ■ of the surroundiQg country, and of the exposed position of the port, the Government withdrew its forces from that town and retired them inland to Calama, a distance of 160 miles, first destroying the nitrate works' and the railroad and sending all the rolling stock to the interior. All the other positions south of Antofagasta are firmly held by the Government, which is rapidly increasing and organiziiig its forces. The new ships Almiramte Lynch, and AlmiroMte Gondel, referred to iii my dispatch of the 17th, arrived on the 22d, and are now in Valparaiso ready for active service. On Sunday the 29th instant, a general election was held in all parts of the country except Tarapac^, resulting in the return of 30 senators and 90 congressmen, nearly aU supporters of the Government. The elec- tions passed off without any disturbance, the opposition taking but little part. This Congress will meet on the 15th of April to organize and on the 20th for business. ■ Outside of Tarapacd the revolutionists have no organized force, and as communication with that province is cut off, it is impossible to gauge their actual strength. I dX) not believe, however, that they can, at the outside, command over 4,000 to 5,000 men, while the government force amounts to 30,000 well equipped soldiers. I have, etc., Patrick Eoan. Mr. Ugan to Mr. Blaine. ' No. 148.] Legation of the United States, Santiago, April 1, 1891. (Eeceived May 15.) Sir: At the request of the minister of foreign relations I tele- graphed to-day to solicit a reply to my cable message of 8th ult. My telegram, which was in cipher, was in substance as follows : The Con- gressional elections, which took place on Sunday last, were all in favor of the Government. It is reported by the Chilean minister at Wash- ington that my telegram of the 8th was favorably received, but your instructions have not reached me yet. The Chilean Government is ^waiting your reply. I have, etc. Patrick Egan. Mr. Egan to Mr. Blaine. [Telegram.] Legation of the United States, Santiago, April 6, 1891. Mr. Egan telegraphs that the Chilean Government had declared closed the ports of Chanaral, Taltal, Antofagasta, Tocopilla, Iquique, Caleta-Buena, Junin, and Pisagua, and that vessels were liable to con- fiscation if they attempted trade with any of these ports. 20 RELATIONS WITH CHILE. Mr. Egan to Mr. Blaine. Ko. 151.] Legation of the United States, Santiago, April 6, 1891. (Eeceived June 3.) Sir : To-day I had the honor to inform you by telegraph of the decree published by the Chilean Government closing to commerce the ports of Chanaral,Taltal,Antofagasta, Tocopilla, Ictuique, Caleta-Buena, Juiiin, and Pisagua. I now beg to inclose copy of said decree in Spanish, with translation of same. I have, etc., Patrick Eoan, [Inolosnre in No. 151 — Translation.] Decree of Government of CMle declaring certain ports closed to commerce. No. 923.] Ministry of Hacienda, Santaigo, April 1, 1891. Whereas by article 7 of the law of the 24th of Decemher, 1872, the President of the Republic has the power to order the closing, temporarily, to commerce »f one or more ports or harbors when extraordinary circumstances so require ; Whereas by article 83 of the said law all ships which anchor, embark, or disem- bark any merchandise in any port of the Republic where it is not possible to super- vise same, except in case ot force majewre properly justified, is liable to confiscation, together with her fittings and apparatus ; Whereas in like manner, conformably with number 9 of article 84, all merchandise subject to import or export duties which may have been placed on board any ship, whether by her own embarkation or otherwise, which has not complied with the solemn notice in this ordinance, is liable to confiscation; Whereas a part of the revolted squadron, in arms against the constitution and laws of the Republic, is appropriating to itself in the nitrate region the treasury and income of the nation with grave detriment to the interest of the State : . It is resolved and decreed — First. Tha't the ports of Chanaral, Taltal, Antofagasta, Tocopilla, Iquique, Caleta- Baena, Junin, Pisagua, and all the intermediate bays remain closed to commerce while said ports and bays are in the power of the revolutionists. Ssoond. That the penalties Imposed by the ordinance of customs upon those who trade in said ports do not exonerate the manufaoturera and exporters of nitrate and iodine from the responsibility imposed by the decree of the 30th of January, 1891. Let it be recorded and made known. Balmaceda. J. M. Valdes Carrera. Mr. Blaine to Mr. Egan. No. 90.] Department of State, Washington, April 14, 1^91. Sir: I append a copy of your telegram of the Cth instant announcing , that the Chilean Government has declared closed the ports of Chanaral, Taltal, Antofagasta, Tocopilla, Iquique, Caleta-Buena, Junin, and Pisa- gua. Due publicity of this action of the Government of Chile has been made, but the Government of the United States reserves the right to consider upon the facts and the law any case that may arise involving thei declaration which yotir telegram communicates. I am, etc., James G. Blaine,^ DIPLOMATIC CORRESPONDENCE. 21 Mr. Egcm to Mr. Blaine. No. 152.] Legation op the United States, ' Santiago, April 14, 1891. (Eeceived June 3.) SiK : I had the honor to-day to telegraph you in substance that the right of the Chilean Government to impose duties on shipments from any ports occupied by revolutionists or to close ports was not recog- nized by Germany, and that a fleet was on its way to enforce the views, of the German Government. Both the German and British ministers have made strong protests and taken up a very hostile attitude towards the Government in rela- tion to this question. I have, on the other hand, beien careful/ to avoid any such action, although pressed by some American shipping houses to malte similar protest. I have, however, obtained full and friendly assurances that American vessels will not be subjected to any inconven- iences. ' ' I have, etc., Patrick' Egan. Mr. Egan to Mr. Blaine. [Telegram.] Ijegation of the United States, SoMtiago, April 21, 1891. Mr. Egan states tiiat entire tranquillity prevails everywhere except in the northern provinces ; that the President opened Congress yesterday auspiciously; that England, as well as Germany, refuses to recognize tie right of the Chilean Government to close ports; that American ves- sels are not interfered with ; and that the Chilean Government urgently requests that the proposition of the Chilean minister for the purchase of a man-of-war be favorably considered. Mr, Egan to Mr. Blaine. No. 153.] Legation op the United States, Santiago, April 31, 1891. (Eeceived June 3.) Sib : The minister of foreign relations having urgently requested me to convey to you the desire of the Government that you would favora- bly consider the overtures of the Chilean minister at Washington for the purchase of a war ship, either ready for sea or nearly so, I had the honor to address to you to-day a telegram on the subject. The British minister, under instructions from his Government, ha^ refused to recognize the right of the Government, of Chile to close ports or to impose duties upon any shipments of nitrate which may have been cleared by the revolutionists. The Chilean authorities h^^ve detained at OoBonel one German and one English steamer, loaded with nitrate from Iquique, whi,ch put into that port for coal; and the English minister has addressed to the Government a note conveying the menace that he would send a war ship and take out by force the British ship. Steps are in progress for the arrangement of both cases. I have, etc., Patkick Egan. 22 RELATIONS WITH CHILE. Mr. Ugan to Mr. Blaine. Ko. 154.] Legation of the United States, Scmtiago, April ^3, 1891. (Received June 4.) Sir : I had the honor to cable you to-day that the German minister received a telegram from his Government announcing the departure of four cruisers and an iron-clad for Chile, and that they are expected 6arly in June. The fact of this German squadron coming here, under present circum- stances in a semi-hostile spirit, as also the attitude of Great Britain, ■mil, when the present troubles have disappeared, be severely judged by all Chileans, and must serve to turn the attention of every Chilean pa- triot to the importance of cultivating closer relations, commercially as well as politically, with the United States. This squadron is coming from Cliina. I have, etc., Patrick Egan. Mr. Egan to Mr. Blaine. [Telegram.] Legation op the United States. Santiago, April 24, 1891. Mr. Egan asks whether he can act with Brazilian minister and French charge d'affaires in an endeavor to restore peace, the indication being that mediation would be accepted by the Government and the opposi- tion. ' Mr. Blaine to Mr. Egan. [Telegram.]' Department op State, Washington, April 25, 1891. lilr. Blaine informs Mr. Egan that he can act with the Brazilian minister and the French charge d'affaires as mediator. Mr. Egan to Mr. Blaine. No. 157.] , Legation of the United States. Santiago, April 27, 1891. (Received June 25.) Sir : From careful inquiries which I have been directing for some time back, through both governmental and revolutionary channels, I have reason to believe that mediation may be acceptable to both sides. The Brazilian Government has already tendered its good oflflces with a view to the reestablishment of peace, and the French Government has done the same thing. I have accordingly cabled to you on the 24th instant to that effect, asking whether I might act with them. DIPLOMATIC CORRESPONDENCE. 23 T am aware, too, that the German and British ministers, together with the admiral of the British squadron, are endeavoring to opeii up negotia- tions ; but I think I am correct in stating that the Government is not disposed to entertain any propositions unless the United States have a leading part in conducting the negotiations. To-day I received your cable reply. Already I have had preliminary conferenc;BS with the executive council of the revolutionary body, as well- as with the Government, and I have reasonlo believe that the indicated mediation will be accepted by both parties. I have, etc., Patrick EaAw. Mr, Blaine to Mr. Ugan. "So. 96.] Department of State, Washington, April 38, 1891. Sib : I have read with attention your ]S"o. 143, of the 17th ultimo, in regard to the progress of the revolution. The recent correspondence exchanged by telegraph with your legation relative to the mediation of the representatives of the United States, Brazil, and France toward the restoration of peace indicates a prospect, which it is trusted may be realized, of ending the deplorable state of affairs existing in Chile. I am, etc., James G. Blaine. Mr. Egan to Mr. Blaine. HiiTo. 159.] Legation of the United States, Santiago, May 2, 1891. (Eeceived June 25.) - Sir : I have the honor to inclose a translation of the address of His Excellency the President of the Eepublic, delivered at the opening of th« national Congress on the 20th of April altimo, in wMch will be found a very full statement of the case of the Government in the present un- happy dispute. I have, etc., PATRICK Egan. • [IncloBure..] opening of the national congbess, i20th april, 1891.— speech of his excel- lency the president of the eepublic. Fellow-citizens of the SIsnate and of the Chamber of Deputies: As you are aware, extraordinary occurrences have profoundly affected the public welfare. The traditions of peace, moderation, and sound sense which distinguished home politics have been broken, and the loyalty of the sailors whose duty it was to main- tain order in the interior of the Republic and the external security of the State has also been broken. On the 7th of January last the squadron lying in Valparaiso Bay abandoned its anchorage, disobeying the commandant-general of marine, Rear-Admiral Williams, and carrying on board the vice-president of the Senate and the president of the 24 KELATIONS WITH CHILE. Chamber of Deputies. A few hours after the consummation of this occurrence, with" out precedent in the naval history of Chile, the squadron returned to Valparaiso in 'full revolt, in rebellion against its constitutional chiefs, in command of men who on the day previous had not the command of a vessel, and exciting the army and the people to rebel against the constituted authorities. The army, faithful to the traditions of loyalty and honor which have strengthened the public powers and exalted the nation before the civilized world, has remained at the post of duty. ■ The people contemplated wi^ surprise the conduct of the navy, whieh they con- sidered was consecrated principally to maintain the external prestige of the Repub- lic, and, sympathizing with, the cause of order and with the Government which has endeavored to instruct them by actively fomenting primary instruction and to en- rich them by increasing their salaries by the execution of works superior to those undertaken by all previous administrations, hastened to enroll themselves in the .army and refused to assist the revolutionists who requested the people's favors and invoked its name. After three months of revolution there has been no riot, no tumult, nor a single popular movement in favor of the rising initiated by the navy in possession of the ocean. The squadron has not been able to penetrate with its hosts into the populated terri- tory of the Republic, where there exist great social interests and true public opinion. In order to operate with efficacy, it has had to blockade northern ports, to bombard and bum unfortiiJed towns, and to employ against the cosmopolitan population of Tarapacd, greater, rigor and more firing than it cost Chile to wrest that territory from a foreign power. The northern provinces being cut off from the central by the sea, which is in the power of the revolted squadron, and the most extensive and sterUe deserts in the world, the ^squadron after seven sanguinary battles has been able to take possession of the nitrate region of our territory. The squadron has not been able to overthrow the constituted Government. It has proved in exchange that it has resources sufficient to disturb the public order, which was the fundamental base of our institutions, and valor sufficient to shed the blood of Chileans and to bring upon society and numberless homes misfortunes and afflic- tions. The navy could not deliberate, because the constitution prohibits it from doing so, and it ought ever to obey the President of the Republic, because the constitution orders it to do so ; nevertheless it declared itself firstly in favor of the pretended dele- gation of Congress, to constitute afterwards the military dictatorship which has subjected tl^e supposed delegation of Congress. This pretended delegation has not existed with. any kind of title to proceed in the name of Congress. Since October last Congress has not been able to meet constitutionally, because it has not been convoked to session, apd because, in the orbit of our legal framework, the President of the Republic alone has power to convoke it. Nor did it meet by its own act and in fact, because since October, when it wa& closed, until January 7, when the revolution broke out, it held no public nor secret sitting, nor did its presidents invite it to assemble in session, nor did senators and deputies receive the customary 'citations ; because there was no debate, no agree- ment, no voting ; because no act has been executed which unites the conditions without which there can not be a session of Congress, whether it be accordinjr to right, or simply by force. , o ; e It is said that there is an act signed by some revolutionists who were members of Congress; but a large portion of the members of this very corporation are not ac- quainted with it, nor have they seen it, and up to this moment it is also unknown % ?ri. '^*' "^''^^se, as the said act is the fruit of a hidden resolution, the author* of It have not had the courage to publish it and exhibit it as a document which might be judged by the upright criterion o£ Chilean patriotism. The. truth of the matter is that a considerable portion of the members of both chambers revolted on January 7 against the constitution and the laws, and that it can not invoke the authority due to the representatives of the people, because by revolutionizing the country and converting itself de facto into an executive power, dictatorial and m arms, it has produced a revolution which demolishes its own ex- istence and the peace, wealth, and welfare of Chile. The revolution has not been engendered by the people, but by political circle* with a seat m Congress, animated by different ideas, with numerous and distinct leaders, and with no closer relation to each other than the sole ambition to the di- rection and supreme command of the State. We are suffering feom an antidemocratic reVolution, initiated by a centralized and smaU social class, which believes it is called by its personal relations and wealth to be the chosen and directing group in the Government of Chile. Hence arises the want DIPLOMATIC CORRESPONDENCE. .25 oi uniformity of ideas and sentiments with tHe people; andaboVeallintheprovinties- and departments^away from the capital of the Republic, in which every Chilean has- a clearer notion of political equality, of civil duties, and of virtues which elevate citizens by their intelligence aind services. In order to appreciate with exactitude thepainful contest in which we areinvolved,. it is necessary to characterize it according to its true antecedents. ! - IL , The conflict has been engendered by the ambition of leaders and of circles; by th& incessant splitting up of the Liberal party, by cumulative voting — the generator of parties represented bj[ simple political individualities, and by the excessive number of senators and deputies in 3,QPO,000 of inhabitants. The Liberal party has lacked unity of ideas, of direction, and of procedure, which per 86 could render it apt for the governing of Chile. For this reason it has always- required auxiliary forces, either of the Conservatives or of other nearly allied polit- ical groups, notwithstanding the different disposition and the direction of the leaders, who have represented, by their traditions and spirit of absorption, essentially per- sonal tendencies. ' ' The excessive number of senators and of 'deputies and the ciimulative vote have fomented the disintegration of the Liberal party, disorganized traditional and his- torical parties, and produced deplorable anarchy in Congress. Under the shadow of the political uijcertainty created by the diversity and incon- sistency of personal circles, ambitions sterilizing to parliamentary labor and fatally - calculated to produce general disorder have been developed. The Errazuriz administration, so energetic and vigorous during nearly the whole of its term, found iljself, toward its conclusion, through the action of the cumulative system of voting, with a Congress in which there muitated six different grou|)s and individualities without any fixed political affiliation. The Pinto administration suffered the consequences of that dislocation of men and parties. The parliamentary oscillations and ministerial changes were frequent, so that, if" the war of 1879 had not occurred, that administration would have terminated in the midst of the disasters which were being prepared for it by events. Presidential elections have cut up the Liberal party and have carried the Republic to situations of extreme danger. At the conclusion of President i'into's , term, notwithstanding that the country was at war, the cutting up and the anarchy of the Liberals with respect to th& choice of a candidate for the Presidency Qf the Republic would have created revolt, if Gen. Baquedano had not eliminated his person from the electoral contest. Five years later, and at the expiration of the Santa Maria administration, there occurred in Congress, owing to the designation of the Liberal candidate, events of a singularly grave character. ^ Sundry Liberal circles allied with the Conservatives obstructed the budget in January, 1886, and only by an act of courage on the part of the parliamentary ma- jority was the constitutional regime saved, the obstruction being overcome by break- ing through the meshes of the rules of that branch of the legislature. Elected Presid.ent of Chile, it became my duty as an act of foresight as the chief magistrate of state to trace a policy and a line of conduct that would,avert at the conclusion of my term of office the dangers that threatened previous admin- istrations. .' Exclusive government with the fractions of the Liberal party tha,t had elevated me to power might have carried me involuntarily to a regime of personial govern- ment, and it woufd certainly have brought about a Liberal-Conservative coalition ia ' the opposition. I, therefore, adopted a policy of patriotic, reconciliation, in which, upon the basis of the party which elected me, all the Liberals might have a place. I also hoped that my respect for the members and the autonomy of the Conservative party would render possible a government of peace, of ^abor, and of real national ' aggrandizement. The organization of the Lillo ministry was the outcome of this desire ; but two motiths had barely passed when a boisterous disagreement occurred among the Lib- erals in the Chamber of Deputies, and the party that elected me was reduced to a minority, a good number of its members proceeding to act in accord with Jhe Liberal^ Conservative coalition. The Lillo ministry disappeared, and the Antiinez ministry was organized. This, ministry purposed uniting the Liberal party by the profession of the same ideas and by the same procedure. There and then the Nationals declared from the cabinet itself to the country at large that their party had ceased to exist in order that its members might become 26 RELATIONS WITH CHILli!. :inoorporated, as mere individuals, in the Liberal party^. With the object of render- iig this policy more practical and of inspiring all Liberals with the same decree of confidence, the Anttinez ministry ceded the reins of goTernment to the cabinet ■organized by Mr. Zanartu, in which all the Liberals were represented. Shortly afterwards a, considerable portion of the Liberals who were represented in the ministry by the late lamented Messrs. Miguel Luis Amun^tegui and Manuel Gar- cia de la Huerta mutinied in the Chamber of Deputies against their own leaders, and they agreed to a vote of censure moved by the' Conservative party against the Zanartu ministry. ^ All the Liberals were hardly reunited when they commenced anew to split and break up. After the elections of 1888 the segregation of the Liberals, who had remained united in order to secure electoral peace, took place in a most unusual manner. The Nationals again raised a party banner, after having secured in Congress a representa- tion they had not had since they left power in 1861. Owing to this circumstance the dispersed Liberals, the Radicals, and the' Government Liberal party returned to their former shape and to their inevitable pretensions. The ministry designed for the unification of the Liberal party disappeared before "the Congress elected under its direction met. Experience and my natural adhesion to the party which elected me counseled me "to return to the political center with which I initiated my administration, with the object of organizing out of it a ministry of Liberals in wMch the Nationals might be Tepresented in such a manner as not to awaken the mistrust and the resistance of its numerous adversaries. The Nationals refused to form part of the ministry, although ■their cooperation might be considered as imposed upon them by the most obvious political signification. Since that- date all my efforts for the unification of the Liberal party have been fruitless. Froln June, 1888, till October, 1889, the different fractions of the Liberal party and the personal circles of Congress have been in a state of permanent quarrel, attack- ing and breaking up each other in a most irreconcilable manner. They who were divided by ambition were at length united by ambition in order definitely to secure to themselves a majority in Congress and with it absolute predominance in Govern- ment councils. Being desirous of amending a state of affairs so opposed to public tranquillity, a ministry, with the consent of all the Liberals in Congress, was organized in Octo- l)er, 1889. In fifteen days there was another crisis. The cabinet having been re- constructed, serious disagreements occurred among parliamentary circles with Tespect to the bases of a convention to nominate a candidate for the Presidency and •of votes in the Chan^ber of Deputies which brought about the rupture of the coali- tion ministry. From that date there arose between the congressional majority and the executive power a struggle having for its object the subordination of the liberty and action of the President of the Republic to the will and designs of a coalition composed of divided political groups, with opposing leaders and tendencies, but *11 united to lower the dignity and authority of the chief of the nation. The motive assigned for these strange demands was a pretended official candida- ture for the Presidency. The distinguished citizen to whom the favors of the Government were gratui- tously imputed renounced in May last all support from his fellow-citizens to exalt him to the supreme magistracy, and he organized a ministry, presided over by him- self, 'in order to give practical testimony of the public compromise he had con- tracted. That ministry was censured before being heard in Congress, all the considerations of honor and respect which up to that moment had been observed toward the rep- resentatives of the executive power in Parliament being thus violated. This attitude, without precedent in the history of the world, was followed by the postponement of the discussion of the law which authorizes the recovery of taxes for as long as the President did not sacrifice his constitutional prerogatives or did not consent to appoint ministers selected by and in the confidence of Congress. This conflict was terminated l)y the resignation of the May ministry and the or- ganization of another composed of persons foreign to the political contest. This patriol^ic solution was on the point of being frustrated by the incredible de- maud that I should give my assent to the loss of the revenue during the forty-three days that the budget was postponed. But administrative honesty and the public xevcuue were saved, and the Prats ministry was organized, and the electoral law prepared by the allied groups was promulgated. In the said law they adopted every measure calculated to protect their interests from any iiossible intervention from the ^agents of the Executive. The law having been promulgated, the inscription of the electors was made in per- fect order. \ DIPLOMATIC CORRESPONDENCE. ^ 27 At tMs moment the contest broke out anew. The allied circles learned iu a practical manner that they* did not possess the ma- jority of the taxpayers to constitute the electoral power, nor that of the electors. This revelation of the superiority of, the -strength of the Government Liberal party, notwithstanding the biU which the coalition had passed for their benefit, disconcerted the allies, aaid shook the ministry of the day. It was difficult to observe in practice a neutral policy, in conseauence of inevita- ble party demands, and rather than commence a struggle the ministry resigned. Following their advice, imd inspiring myself in the lofty duties that the situation imposed on my love of Chile and public peace, I requested the distinguished citizens Messrs. Enrique S. Sanfuentes, Anibal Zanartu, and Jos^ Tocornal to approach all the political parties and groups and request their cooperation to resolve in a definite manner the political question which was agitating men's minds. I asked them, in consequence, that the question of the candidature of the Presidency of the Republic should be decided by a sole convention, in the manner and form to be agreed upon by political parties, but recommending on my part the convenience of stipulating for the election of a candidate such a considerable majority of votes as woiid place the President of the Republic in such a position as to render it impossible for him to interfere directly or indirectly in the resolutions of the convention. As a consequence of the sole convention, a ministry which would be a pledge of .confidence for all parties would be appointed. The idea of a sole convention, was accepted for a moment and was rejected imme- idiately afterwards. The majority of 'the parliamentary groups demanded that I iShould previously organize a ministry. I proposed in the act a ministry in which there figured three persons of recognized authority in the coalition of the parliamentary majority, and three others of the Government Liberal party, whose characters and antecedents entitled them to the lespeot of all. This basis for a ministerial organization was also rejected. These occurrences appear incredible, nevertheless they are true and are publicly known to all Chileans. The coalition of the parliamentary maj ority desired to precipitate me from the posi- Ttion to which I was called by the vote of my fellow-citizens, or that I should submit myself unconditionally to its designs. After rejecting every reasonable, proposal, the coalition resolved to open on the following day a new and violent parliamentary •campaign. I closed Congress, hoping that a little reflection and calm might produce in the groups forming the coalition arrangements reciprocally respectful and equitable ; but the,overflow had occurred, and we had to support its deplorable consequences. The Comision Conservadora (parliamentary consultative committee*) convoked itself to a session to which access was given to all the members of Congress, in order that they might contribute to keep up discussions which form the saddest page in "the parliamentary history of Chile. I will not elevate to the dignity of the post I hold, nor to the dignity belonging to these precincts, the designs and the aberrations disclosed at the sittings of that cor- poration. I prefer to cover them with the silence and the oblivion which in the journey of life sustains us in order that we may not despair of man's patriotism and virtue. III. On the 1st and even on the 7th of January I found myself in the same condition in which many of my predecessors had found themselves, and in which I was myself in 1887 — -vrithout the estimates and the bill providing for the land and sea forces Tiaving been passed. This circumstance should not serve as a foundation for a revolution, because it had occurred periodically in former years. The revolt initiated on January 7 was -the result of the resolution adopted beforehand by the majority of the parliamentary groups, which aimed at unconditional and absolute predominance in the management •of the Government. Deriving from the constitution the duty of governing the State and of extending my authority to everything having for its object the internal security of the na,tion, I had to assume the necessary powers to restrain the armed revolt and the attitude •of the majority of Congress, which labored to oveirthrow our institutions, and estab- lished order. , . i. j; I have collected together the necessary elements for the defense and triumph ot the principle of authority in Chile, without which nothing solid or lasting c^n be undertaken in the future. . '■ * A consultative joint committee of both houses which represents Congress during a, recess. 28 EELATIONS WITH CHILE. Circumstances have. placed, us in the painful position of having to arrest the leaders and agitators of the revolt or to send them away from the scene of actual occurrences. i-j. * j The sitting of courts of justice when revolution is ripe and where the constituted government is not recognized, being calculated to create conflicts, because the former exercises a military dictatorship and of fact and the latter has to practice discre- tional and extraordinary proceedings, the superior courts have been closed until the actual state of affairs which causes so much in.jury to the Republic shall cease. Finally, the revolution being encouraged and sustained by the parliamentary ma- jority, this has been dissolved by its own doing and de facto, and therefore it was indispensably necessary to convoke the people for the election of a constitutional Congress. The elections have taken place in perfect peace and order, and with a large at- tendance of electors of different opinions in twenty out of the twenty-two provinces, of the Eepublic. ' Thirty of the thirty-two members constituting the Senate have been elected, and eighty-eight out of the ninety-two deputies to be elected under the last electoral law. IV. I desire now to state the ends to which, in my opinion, the constituent Congress should devote itself. If the full and complete constitutional reform which I proposed to Congress last year had been realized, we should have laid the foundations of representative gov- ernment, created provincial autonomy, and established upon an immovable base the liberty and independence of the powers of state; we should have opened out more extended horizons to the intelligent and well-ordered efforts of political parties; and we should most certainly have averted revolution. The constituent Congress having been called together in consequence of well- deiflned causes, a moderate reform designed to remove the causes which originated the conflict will be preferable perhaps to any other. The license of the press has reached in our day to a pitch to which it has never ar- rived in any country of the world. Not ,only4ihe Government and public men, but society and families have been attacked in the whirlwind of political passion. In 1886 the opposition of that date proposed a reform designed to prevent sncti a per- nicious abuse. Since then the license of the press has descended in the scale of scandal, and has come to be one of the causes of the trouble which afflicts peaceful and honest Chileans. I am of opinion that the principle by virtue of which all have the liberty of pub- lishing their opinions in the press without previous celisorship should be maintained. But at the same time there ought to be no other offenses of the press than those which are laid down in the penal code, nor other justice than the ordinary to punish them in the form prescribed by the common laws. In this maimer there would be obtained true liberty of the press, and the respon- sibility of those who abuse this liberty by offending without reason or truth the rights and dignity of others or public morals could be made effective. As the laws relating to the budget, the quartering of troops in the place where Congress sits, the strength of the land and sea forces, of public order and those nec- essary for the existence of the executive power aie constitutional laws, consequently it ought not to be left to the option of one of the powers of stat6 to dictate them or not, or, in other words, to absorb the other powers and thus constitute a de facto dictatorship. Taxes ought to be permanent, and their abolition or modification ought to be effected bylaw in the ordinary manner .and only with relation to the equality of the impost and national 6 eliminated, in conformity with the system proposed for your adoption. Sundry questions of jurisdiction or competency between the President of the Re- 30 "RELATIONS WITH CHILE. pnblio and his agents and the judicial power, or between the legislature, the Execu- tive, and the judiciary, with respect to the constitutionality of the laws, have created very serious conflicts, and finally there is the question arising out of the convocation of this constituent Congress. It would he advisable to create a special tribunal, composed of three persons ap- pointed by the President of the Republic, three by Congress, and three by the supreme court, to decide without recourse conflicts betwe.en the powers in the cases and in the form prescribed in the constitution. It is neither natural nor just that in conflicts betwfin public powers any one of these should be the one to decide the dispute, because in this manner there is cre- ated a supremacy of authority to the detriment of the others, nor will it ever be proper that one only of the public powers be judge and party to the suit. The organization of the judicial power requires, perhaps, your most serious con- sideration and study. But taking into consideration the exceptional circumstances by which we are sur- rounded, I simply point out those reforms without which the conflict of to-day will inevitably he repeated periodically. These are the cardinal reforms which I consider are rendered necessary by the force of circumstances. If in the present conflict we should confine onr efforts to the vanquishment of the adversaries of the constituted authorities, our labor would be insignificant and un- worthy of statesmen. Our duty is to restore public order and to give, by perma- nent constitutional prescriptions, rational and legal solution to past conflicts and the avoidance of others in the future. Fellow-citizens of the Senate and of the Chamber of Deputies, I have no desire to enumerate the labors of the administration over which I have had the honor to pre- side. My fellow-citizens can bear testimony to them. There is not a single department of our territory which his not received its share of benefit in the distribution of the activity and wealth of the State. I have pro- cured a tranquil and equitable solution to the grave and numerous questions which affected our foreign relations, and I have maintained with his holiness and the rep- resentatives of the church in Chile a policy of cordiality and of the most absolute respect. Since the day I entered upon the duties of my office I have devoted every moment of my life to the progress and enrichment of my fellow-citizens, and to the aggran- dizement of the Republic. My acknowledgments are due to all those who in the administration of the Government have assisted me in my vast and active labors. I owe them especially to all those who in hours of danger and of trial have given me their friendship, the remembrance of which I shall preserve as a generous recom- pense for the deceptions I have suffered in governing the nation. I have still to say to the army and to the navy who have remained faithful to their constitutional chiefs, that I have always found them in the path of honor, and that with their loyalty and abnegation they will save the actual Government, and they will be the secure shield of future administrations. They who maintained intact subordination and military discipline will always be deserving of confidence. Many good men, under the command of the valiant Col. Robles and of his-com- rades Villagran, Mendez, and Euminot, have fallen nobly on the field of battle.. Their blood will bear fruit, because oftentimes national institutions are only sus- tained and consolidated by the sacrifice of their defenders. Like ourselves, future generations will point to them as generous victims and as: examples which the soldier ought to follow in the fulfillment of his military duties. About to descend from power, I shall return to private life, as I entered upon the- Presidency, without hatred or ill-will, which is foreign to the rectitude of my char- acter and unworthy of the chief of a state. It is true that few rulers have had to suffer like myself such unmerited' and gra- tuitous inculpations. Nevertheless, I have never on this account lost my serenity or the perfect tranquillity of my conscience. I am accustomed to oonfroat the injustice of men. After the fury of the storm will come the calm, and, as nothing d^irable can he- founded by injustice and violence, the actors in the tremendous drama which is. taking place in the territory of the Republic will receive, according to their deserts, their share of honor, reprobation, or responsibility. I rely tranquilly on the help of God, who presides over the destiliifes of nations,, and who penetrates our inmost thoughts. May He be pleased to enlighten the patriotism of all Chileans, and to guide your sagacity and wisdom, by the way which may lead to the paths of order and to a final soTutiou of the misfortunes and of the- conflict which to-day divides the Chilean family. Santiago, April 20, 1891. J.. M. Bai-mackda.. DIPLOMATIC COREESPONDENCE. 31 Mr. Egan to Mr. Blaine. , [Telegram.] Legation op the United StItes, Santiago, May 4, 1891. Mr. Egan informs Mr. Blaine that the good ofQces of the United States^ Brazil, and France have been most cordially acceptefd by the Govern- ment of Chile and the revolutionists, those of England and Germany- having been decUned. Mr. Egan to Mr. Blaine. 'So. 160.] Legation of the United States, Santiago, May 4, 1891. (Eeceived June 26.) Sir : To-day I had the honor to cable you in substance that the good ■ offices of the United States, Brazil, and France have been most cordially accepted by the Government of Chile and the reyolutionistsj those of England and Germany having been declined. Although the ministers of England and Germany had been for some time carrying on communications with the chiefs of the revolutionary fleet and land forces in the north through the medium of the admiral of the British squadron, they had not tendered their good ofiS.ces to the Government until Thursday, the 30th ultimo, when they were informed that the Government had already made the arrangement above indi- cated, and could not therefore avail of their offer. The British flagship brought, a few days ago, from the leaders of the revolution in the north, documents fully empowering a number of gen- tlemen here to represent them, and this committee of seven persons, five of whom are protected by a safe-conduct from the Government, is now holding conferences in this legation for the purpose of formulating bases upon which the opposition would be willing to enter into an ar- rangement. I have, etc.. Patrick: Egan. Mr. Wharton to Mr. Egan. So. 98.] Department op State, Washington, May 6, 1891. Sir : Inclosed herewith is a copy of a letter of the 1st instant from Mr. James A, Sorymser, president of the Central and South American Telegraph Company, in which the desire is expressed that such special privileges as may be permissible may be granted in the ports of Chile to that company's steamer Belay, which is used for the purpose of repairing cables. • The company in behalf of which Mr. Scrymser writes, maintains and operates a line of submarine cables from Galveston, Tex., to Coatzacoal- cos; on the Gulf of Mexico, thence across the isthmus of Tehuantepec,, southward along the Pacific coast to Valparaiso, Chile. The extreme 32 RELATIONS WITH CHILE. urgency required in making repairs renders it necessary that the steamer engaged in that service should, so far as possible, be exempt from entry and clearance, the certification of papers, and other formal- ities which ia the case of such a vessel are productive of inconvenience and delay and are not likely to serve any usefal purpose. For this rea- son it is believed to be the rule to treat cable repair ships in an excep- tional manner. You are instructed to bring the subject to the attention of the Gov- ■ernment of Chile, and to ask that it may receive all proper consideration and attention. I am, etc., William F. Whaeton, Acting Secretary. iroTB.— A similar instruction was sent to the legations of the United States In Colombia, Ecuador, Mexico, Kloaragua, Peru, and Salvador. [Inclosure in No. 98.] Mr. Scrymaer to Mr. Blaine. Centra! and South American Telegraph Co., 37 AND 39 Wall Street, Jfew Torh, May 1, 1891. (Received May 2.) Dear Sir : I have the honor to inform yon that this company maintains and operates a, line of submarine cables from Galveston, Texas, to Coazacoalcos in the Gnlf of^ Mexico, thence across the , Isthmus of Tehuantepec, southward along the Pacific coast to Valparaiso, Chile, and for that purpose employs on the Pacific coast its re- pair steamer, Belay. This steamer is stationed at Callao, Peru, and is at all times manned and equipped for immediate use. In Europe and the East, cable repair ships are treated everywhere in an excep- tional manner. In fact they have all the privileges of war vessels, and are exempted from the formalities observed at Central and South American custom-houses in the matter of clearances, ship's papers, etc. The extreme urgency of the operations of •cable ships is my excuse for asMng that you will at your earliest convenience re- quest the Governments of Mexico, Salvador, Nicaragua, United States of Colombia, Ecuador, Peru, and Chili, to extend to this company's steamer Relay special privi- leges to the end that there shall be no delay whatever in observing the formsJities in clearing and entering the ports of the countries named. I ask this because in many cases our cables are landed on the coast a few miles beyond the port in order to avoid the anchorage ground. It frequently happens that, in repairing a cable, tests have to be imade at the landing places, and under existing custom-honse regu- lations tedious formalities have to be observed before our engineer can land and make tests, which could be quickly accomplished were it not for the inconvenient rules of these foreign ports. Telegraphic communication being so essential to the commercial life of nations, any delay in its establishment caused by custom-house rules is sensibly felt, and ftequentiy prolong interruptions through the repair steamer not being able to take advantage of a ffew hours of fine weather, causing much loss to the public and com- paratively little gain to the customs department. As a rule custom-houses in these foreign ports close at hours which occasion much inconvenience and delay in the repair of cables. This I am hopeful can be avoided if the honorable Secretary of State will ask the governments named to i^sue special orders to their customs au- thorities exempting this company's steamer Belay from the existing rules of the ports so that she shallat all times be nee to enter and depatt. I also ask that the governments interested be requested to issue a special license to the steamer Belay according to her such special privileges. I have the honor to remain, yours, very respectfliUy, James A. Scrtmser, PreHdent. DIPLOMATIC COERESPONDENCE. 33 Mr. Wh,arton to Mr. Egan. No. 99.] Department of State, Was'hingtor^, May 7, 1891. SiK : I append on tjie overleaf a copy of your telegram of the ith in- stant, conveying the gratifying intelligence that the Chilean Govern- ment and the revolutionists have cordially accepted the mediation of the United States, Brazil, and France in the interest of peace. Permit me to express the hope that the strife which has been going on in Chile may, through the combined efforts of the Governments in question, be speedily and happily terminated. I am, sir, etc. William F. Whaeton, Acting Secretary. ■ Mr. McGreery to Mr. Blaine. [Telegram.] '' ■■" Consulate of the United States, Valparaiso, May 8, 1891. The president, managing-director, and one other director of the South American Steamship Company declare befdre me that the steamer Itata is the property of said company and that she was taken by force and is now in the service of the revolutionary party without the consent of the company. W. B. McCeeeey, United States Consul' « Mr. Egan to Mr. Blaine. S'o. 161.] Legation op the United States, Santiago, May 8, 1891. (Eeceived June 25.) Sir : At the request of the Chilean Government I had th^ honor to forward to you to-day, in cipher, a telegram which stated in substance that the negotiations for peace had failed and reported the presence ifl a southern port of California of a Chilean steamer, recognized to be a transport belonging to the revolutionary squadron, and which had munitions of war on board. ' ' The above refers to the revolutionary transport Itata, now at San piego, Cal., with arms and munitions of war for the i^volutionists. In a few days I will report fally upon the subject of the peace nego- tiations. I have, etc., Patrick Egan. Mr. Egan to Mr. Blaine. No. 162.] Legation op the United States, Santiago, May 13, 1891. (Eeceived June 25.) Sir : Late last evening I had the honor to receive your telegram, the substance of which is as follows : Have Admirals McCann and Brown received the dispatolies sent them in cipher on the 9th instant by the Navy Department? 34 RELATIONS WITH CHILE. At the earliest possible moment I communicated the inquiry to Val- paraiso, but Admiral McCann had saUed this morning to Iquique, on board the Baltimore, without having been able to reply to me, and Admiral Brown had not yet arrived. I am thefefore not-m a position to telegraph definite reply. I have, etc. ^ ' Pateiok Egan. Mr. Wharton to Mr. Egan. ' ' [Telegram,] Department of State, Washington, May 14, 1891. Mr. Wharton instructs Mr. Egan" that if insurgent envoys come withia the jurisdiction of President Babnaceda, relying on offer of mediation or on invitation of the mediators, he will iasist that under any circum- ; stances they should have ordinary treatment of flag of truce. He is in- formed that it is reported in Washington that Babnaceda threatens to shoot such envoys if found within his jurisdiction. , Mr. JEgan to Mr. Blaine. « [Telegram.] % IiEGATIOI^ OP THE UNITED STATES, Santiago, May 16, 1891,, Mr. Egan states that the report that the insurgent envoys would be shot grew out of a vague threat of the minister of the interior, made un- der excitement after a bombshell had been thrown at members of the •Chilean cabinet; that the minister for foreign affairs has written' most ample explanation and apology, and President and cabinet have disa- vowed any intention of molesting envoys ; and that, although before the negotiations the envoys were concealed in Santiago, the Chilean Govern- ijaent has afforded them every facility to leave the country. Mr. Egan to Mr. Blaine. 'So. 164.] Legation op the United States, Santiago, May 18, 1891. (Received July 7.) SiE: I have the honor to refer to my numbers 157, .of April 27, and 160, of the 4th iastant, in reference to the offer and acceptance of the good ofi&ces of the United States, Brazil, and France for the restora- tion of the internal peace of Chile, and now beg to report as follows : On receiving you!r authority, on April 27, to act as mediator with the Brazilian niinister and French charg6 d'affaires I at once placed myself in a;ccord with those gentlemen, and, as stated in my 2:^0. 160, our offer of good offices was very cordially accepted by the Government on the DIPLOMATIC CORRESPONDENCE. 35 one side and by the committee of tlie opposition or revolutionary party on the other. In connection with an effort made by the ministers of Great Britain and Germany to open negotiations the admiral of the British squadron conveyed from the leaders of the naval and military forces in the north plenarypowersto a committee of eight gentlemen in Santiago to act in be- half of the opposition. Of the gentlemen thus named one, Mr. Alejan- dro Vial, had already sailed for Europe. My colleagues and 1 secured from the government a safe-conduct for five others, Messieurs Melchor Concha i Toro, Eulojio Altamirano, Carlos Walker Martinez, Gregorio Donoso, and 'Pedro Montt; Mr. Belasario Prats did not need a safe- ^ conduct, and Mr. Eduardo Matte acted without one. I inclose d, copy of the acceptance of good oflices by the Government and concession of safe-conduct, dated May 2 (inclosure No. 1), The seven gentlemen composing the committee of the opposition met in conference in this legation on Sunday the 3d instant, and by fortaal document, a copy of which I inclose (inclosure 2), accepted the tendered good offices ot the United States, Brazil, and Prance. After a number of conferences, from the 3d to the 5th instant, all of which were held in this legation, the comlnittee agreed upon and sub- mitted to us the bases upon which they would be willing to consent to an arrangement; but they imposed the condition that we were not to communicate those bases to the Government until we had first received from the Government, in writing, a statement of its conditions. I in- close a copy of those bases, dated May 5 (inclosure 3). Early in the day of the 6th the minister of Brazil, the charge d'affaires of Prance, an d I went to the Moneda and found that the minister of foreign relations, Mr. Ricardo Cruzat, was sick and not able to come to his office. In his absence we were requested by His Excellency the President to confer with the minister of interior, Mr. Domingo Godoy. Accordingly, we had a conference with that gentleman, in the course of which we were informed that the Government, while prepared to listen to and consider in the most benevolent manner any propositions that might come from the opposition through us, should absolutely decline to sub- mit any conditions before having before it the opposition bases. In -order to consult wiih the members of the opposition committee, with a viewto finding away out of this difficulty, we adjourned the interview to 5 o'clock same evening. On my colleagues and I returning at that hour to the Moneda we found that j ast a few minutes before, while Mr. Godoy, four others of the ministers, the president of the Senate, and other gen- tlemen were returning' to the Moneda from a meeting of the Senate, two dynamite bombs had been thrown atthein by two young men on horse- back, and that one of the bombs had exploded with terrific force a short distance from the ministers, but fortunately without doing any damage. On entering the Moneda and meeting Mr. Godoy, we felicitated him upon his fortunate escape and that of his colleagues, and at his invita- tion we continued the negotiations of the morning. In consequence of what had just taken place, Mr. Godoy was considerably exasperated against the opposition, and, because we were not prepared to come directly to the point with regard to the presentation of the opposi- -tion bases before receiving the conditions of the Government, he de- clared the negotiations broken off, and, becoming excited, he added that from that very moment the safe-conduct should be considered can- celed, and that we might not be surprised if some of the parties were shot in the public square before morning, as he considered them re- ■^6 RELATIONS WITH CHILE. ■sponsible for the attempt that had been made against his life,. We leminded him that the safe-conduct was a solemn compact between his Government and those which we represented; that one of its conditions ' was. that we, the mediators, should fix the time when it should cease to be in force; and we urged him to consider well the natui-e of the respon- sibility which he was assuming, the more especially as the gentlemen named in the safe-conduct were entirely above suspicion of even the most remote knowledge of the foul attempt at assassination which had just occurred. As he continued obdurate, we requested to be allowed to confer with the President; but Mr. Godoy refused, saying at the same , time that he spoke with fall authority for the President and all of the ministers. We all three protested in clear and forcible terms, and left. We then took immedia|;e steps to place the delegates of the opposition in safety, and Within an hour we had conducted aU of them within the legations. At 7 o'clock the same evening the intendente or governor of the city ^aljed upon my colleagues and upon me, and informed us in the name of the Government that the delegates would be safe from arrest or surveillance until 10 o'clock the next morning; to which I answered that nothing would satisfy, me short of full and complete compliance with the terms of the safe-conduct. My colleagues returned similar replies. On the 7th instant the minister of Brazil, the French charg6 d'affaires, and t were about to send identical telegrams to our respective Govern- ments setting forth the facts, and also, to address identical letters of protest to. the Government, when by medium of Mr. Juan E. McKenna, ex-minister of foreign, relations, and also by another gentleman, we re- ceived from the President verbal messages to say that Mr. Godoy had spoken under excitement consequent upon the attempt of which he had been the victim; that in what he had said regarding the safe-conduct he had not exptessed the sentiments of the President or the ministry, and that the safe-conduct should continue in fall force until we should fix the time of its termination. On the 8th instant the minister of foreign relations, in the name of the President, addressed to us a note on the same subject, of which I inclose a copy (inclosure 4). I also inclose copy of my I'eply thereto, dated May 12 (inclosure 5). ' , , Finding it impossible, under the circumstances, to make further prog- ress with the negotiations for peace, we abandoned the attempt for the present, and have addressed a joint note to the delegates of the opposi- tion, of which I inclose copy, dated May 10 (inclosure 6). I also inclose a copy of a joint memorandum, dated May 12, addressed to the minister for foreign relations, iixing the termination of the safe- conduct (inclosure 7). Of the seven gentlemen who composed the committee of delegates of the opposition, six had, previous to the issue of the safe-conduct, been concealed in Santiago and one, Mr. Prats, had been living here openly. The Government having accorded to the five who were named in the safe-conduct and to Mr. Prats permission to leave the country, I com- municated with Eear-Admiral McCann, who offered to take them on board the Baltimore to Callao ; but, before arrangements could be made for leaving, the Baltimore received orders from the Navy Department to sail on other duty. The generous offer of the admiral is, however, very highly appreciated here. Subsequently only two of the number, Mi. Pedro Montt and Mr. Bulojio Altamirano, elected to avail of the per- mission to leave, and those gentlemen were escorted to Valparaiso by DIPLOMATIC CORRESPOISfDENCE. 37 myself and colleagues and were placed by us in safety on board the Frencli corvette Volta on the 15th instant. Apart from the momentary loss of temper on thei part of Mr. Godoy^, which, under the circumstances, was not without some excuse, the ac- tion of the Government, and especially that of the President, in regard to all matters connected with this negotiation, and also towards the delegates of the opposition, has been excellent. I may add that the spirit displayed by the delegate! of the opposition throughout our intercourse has been most excellent, and that both sides feel, as ■^V'ill be seen by the inclosed correspondence, deeply grateful to the United States, Brazil, and France for the efforts that have been made to reestablish internal peace in their country. I shall carefully watch for and take advantage of any opportunity that may offer to promote the restoration of peace, and I trust you will find that under the circumstances detailed in this letter I have done all that was possible in that direction, as also for the due maintenance of the honor and dignity of my own Government. I have, etc., Patrick Egan,. [Inolosure 1 in No. 164. — Translation.] Safe-conduct for the delegates of the opposition. 4 The honorable ministers of the United States, of Brazil, and of France, duly authorizedby their respective Governments 'and acting conjointly, have conveyed to the Government of Chile their desire to exercise their good offices between the Govr ernment and the parties of the opposition for the reestablishment of the public peace. The Government having accepted for its part those good offices, the said honorable ministers have solicited adequate guaranties for the persons of the parties of the opposition with whom they must communicate. ' Consequently, the minister of foreign relatiohs, in the name of the Government,, concedes personal guaranty to the extent that the following gentlemen can not be arrested, imprison'ed, nor molested in any manner whatsoever, viz, Mr. Melchior Concha i Tore, Mr. Carlos Walker Martinez, Mr. Eulojio Altamirano, and Mr. ,Pedro Montt, with the object that they may be able to hold the necessary conferences with, the diplomatic ministers above ng.med. In case the said conferences do not produce favorable results, the present guaranty will continue for such time as the said honorable diplomatic ministers may designate. This g\iaranty will be used by the persons to whom it is conceded with the pru- dence necessary in order to preserve the due secrecy of the conferences and in order not to call public attention to themselves. - This document will remain deposited with the honorable minister representing the United States. Done in Santiago the 2d of May, 1891. ' , ElCARDO Cruzat. This guaranty is extended to Mr.'Gregorio Donoso upon the same term's as those above mentioned. , Santiago, May 2, 1891. _ ^ ' • ' / EiCARDO Cbuzat. [Inoioaure 2 in l^'o. 164 Translation.] Acceptanoe of good offices ly the delegates of'the opposition. The undersigned, meeting in the legation of the United States of ^erica, in Santiago, the 3d of May, 1891, in virtue of having accepted the generous offer which, with the obiect of intervening as mediators for the purpose of putting an cud to tne civil war which afflicts the Republic of Chile, the honorable minister plenipoten- tiary of the United States and the honorable representatives of Brazil ana France 38 RELATIONS WITH CHILE. have been good enougli to make, -vre deem it our duty, in this our first meeting, to place on record the following facts : I. The Hon. Jorge Montt, chief of the constitutional forces by sea and land, in the name of the provisional government established in the northern provinces, for himself and as representative of his colleagues, has communicated to us, by note of April 20 ultimo, that he received a dispatch from the honorable Eear-Admiral Hotham, commander of the naval forces of Her Britannic Majesty in the Paciiic, in ■which, complying with the instructions of Hon. Mr. Kennedy, minister resident of Her Britannic lllajesty, he placed in Ms hands a notification that the said honorable minister in his own name and in that of the honorable minister of Germany, of their own initiation, offered their good offices fqr the purpose of entering into negotiations and to propose some modus operandi with the object of saving Chile from more bloodshed and more ruin. That for his part Hon. Mr. Montt, charged with the defense of the rights of Parliament and of the constitutional system, believed he would have failed ih his duty if he had not gladly accepted the negotiations; that he consequently accepted the generous initiative of the honorable ministers of Germany and England i)rovid- ing that the representatives of the opposition should be named from the persons who constitute a list communicated l)y him. Said list contains the names of the undersigned and of Mr. Alejandro Vial, who is absent from the country. II. Honorable Mr. Kennedy, English minister, has been good enough to convey said communication, which has been brought to our knowledge. III. The honorable ministers of the United States, Brazil, and France, prior to'the date on which honorable Mr. Kennedy placed in our hands the note of the council of the provisional government, had offered to the Government of Mr. Balmaeeda and to some of the undersigned the good offices of their respective Governments. IV. For the undersigned it would have been very satisfactory to accept the medi- ation of the honorable ministers of Germany and England had it not been for the fact that the good offices of the honorable ministers of the United States, Brazil, and France had been previously offered and already accepted by Mr. Balmaeeda. V. The subscribers, authorized to represent the council of the government of the north and the chief of the constitutional forces in negotiations tending to reestablish peace and rule of the constitution and of the laws of the Eepublic, with ample power, consider themselves invested with sufficient power to accept, as we do accept, the mediation of the honorable representatives of the United States and of the Republics of Brazil and France. ' ,i For the purposes of what may transpire, we have agreed to place all of the fore- going in the knowledge pf the honorable ministers -vrtiohave honored us with the ■ manifestations of their sentiment%of interest and sympathy, and to place this doc- ument on record in the archives of this legation, begging the honorable minister plenipotentiary of the United States to be good enough to give it place therein. B. Prats. M. Concha i Toro. e. axtamirano. Pedro Montt. Gregorio Donoso. Eduardo Matte. Carlos Walker Martinez. [Inclosure 3 in Ko. 164.— Translation.] Bases of peace submitted to mediators hy the delegates of the opposition. rConfidential.l ' Messrs. MiNLSTERS : The mediation which your honors offered with the noble and elevated purpose of saving our country from the sacrifices which w;ir imposes, even when conducted by both sides with the nobleness and generosity which should a,hYays govern contests between brothers, having been .Tccepted bv us, as indicated in our communication of yesterday, the moment has arrived to indicate to your ex- cellencies the way which, in our judgment, may conduct to a peaceful solution with- out detriment to the high interests which tho confidcuco of our compatriots has charged us to represent, and whose defense is for us a patriotic and unavoidable duty. After the blood that has been spilled, after the sacrifices and horrible vexations endured with fortitude by our fellow-citizens in those mouients of tribulation and shame for the country, we. Messieurs Ministers, do not oliange the formula of our former oiaims, and demanding to-day the same that we claimed yesterday, we be- lieve, gives evident testimony of supreme moderation. In the name of our compatriots we offer to Jay down arms if there be reestablished in all its vigor the supremacy of the constitution an^l the laws of tho Republic, DIPLOMATIC CORRESPONDENCE. 39 -With, the doolaration and recognition of the nullity of all the acts executed in open violation of their provisions ; the constitutional and legal situation to be reinstated &om December 31 last, -with the result of removing from bur records the decrees in which have been exceeded the fatuities given according to our laws to the executive power. Consequently, and simply as an example in order to clearly express our idea, we say that the decree which ordered the holding of elections of s'enators, of deputies, and of municipal representatives iu the month of March last, being completely and abso- lutely nnoonstitutional, the citizens who derive their titles from those elections, viti- ated by inexcusable want of efficacy, can not be recognized as legitimate represent- atives of the people. Still further as an example, we recall that the tribunals of justice should practice at once, with all the amplitude of jurisdiction which our laws accord them, and that there should be canceled the numerous decrees of dismissal of public employes who were protected by constitutional and legal guaranties which have not been respected. The legitimate Congress, whose powers continue in force, should be oonvocated with all di^atcii, in order to provide all that may be necessary with respect to future elections, the public funds, the maintenance of the army and of the navy, and, in general, the constitutional and legal order of the RepubUc. In a word, we demand that which is a perfect right, and for every citizen an un- doubted debt, that is, that there be reestablished the supremacy of the constitution and of the laws, abolishing all the powers or authorities that in months past of the present year have been dictated contrary to their prescriptions. In the second place, we demand efficacious guaranties that will assure the com- plete and loyal execution of the requests we h^ve advanced. Now, Messieurs Ministers, mediators, youinowourideas, and we confidently hope that the supreme moderatioir and undeniable justice in whicji they have been in- spired may be appreciated at their value. Our demands /would not be regarded as excessive in any civilized country. If they should be accepted, the mediation of the representatives of the three republics would have produced a result a thousand times blessed in assuring an^ consolidating among us respect for the law, that indispensable base of popular government. If it should be rejected, armed resistance wjU be more and more justified, not only before our own conscience and before our patriotism, but before the opinion of the civilized world. The honorable ministers will observe that we abstain from indicating what should be, in our judgment, the guaranties of loyal execution that the agreement should contain, and we hasten to give the reason of our proceeding. We seek brevity, and the discussion between us of the points regarding our second requirement would be useless if the first should not be accepted. We hope, then, that the honorable mmist'ters, mediators, when they can do so, will have the goodness to inform us if the Government of Santiago accepts or not the idea of submitting itself to the constitution and to the laws of the Republic. In the first place, we will hasten to indicate the means that, in our belief, would bring back to our country confidence in her future and the quietude it has lost. Expressing again to the honorable ministers and to the Governments which they so worthily represent the assurance of our gratitude. ^ We remain, your obedient servants, B. Prats. M. Concha i Toro. E. AXTAJURANO. C. Walker Marthstez. Grbgorio Donoso. Edtjardo Matte. Pedro Montt. Santiago, May 5, 1891. [Inclosure 4 in No. 164. — Translation.] Senor Crnzat to the mediators. [In triplicate.] Department of Foreign Relations, Santiago, May 8, 1891. To Messieurs Patrick Egan, envoy extraordinary and minister plenipotentiary of the United States; H. B. Calvacanti de Lacbrda, envoy extraordinary and tj/iinister plenipotentiary of Brazil; A. de Erancb, charg4 d'affaires of France : Messieurs Ministers : I have the honor to address myself, in the name of His Excel- lency th« President of the Republic, to the ministers of the United States of America, 40 RELATIONS WITH CHILE. of Brazil, and of France, for the purpose of expressing to them the lively and sincere acknowledgments of my Government for the good offices exercised in favor of the re- establishment of peace and of the general quietude of the Republic. The solicitude with which the honorable ministers have discharged their delicate task and their desire to procure a solution which would put an end to the misfortunes product by the civil strife provoked by the 7th of January last binds'once more the leelings of ftiendship which my Government has always professed for the nations and the governments which your honors represent. My Government has been disposed to hear propositions from the revolutionary party which might permit it to deliberate in view of what its duty and patriotism required in presence of proposals clearly defined and manifested by the opposition groups in arms against the constituted Government. It is evident that the committee of direction of the revolution considered that they could place in the knowledge of the honorable ministers the bases upon which it was possible to put an end to the pending conflict, but without empowering your honors to communicate them, to my Government only when in its name had also been formulated conditions of settlement. .> . It was not possible to accept this proceeding, inasmuch as it involved a recognition of the revolutionary attitude that wOuld impair the foundation of authority, for which His Excellency the President could not, nor would not^ refuse to make sacri- fices, however painful they might be to his sentiments and affections. Events have marked out for His Excellency the President of the Republic the only line of conduct compatible with his duties and the high principles of preservation of public order entailed by the post which he fills : to hear the propositions formulated by the party of the opposition and to deliberate upon them with the spirit of equity and patriotic discretion which corresponds to the chief of the Republic. Not becajise the good offices of the honorable ministers may have been unfruitful shall my Government remain unmindful of the noble and elevated sentiments which individually and colleQtively have accompanied their efforts. I can not conclude without giving to the honorable ministers an explanation especially recommended by His ExceUency the President of the Republic. In the conference which took place the day b'efore yesterday (Wednesday) in the ministry of the interior at 5 o'clock iri-th© evening there occurred a misunderstanding with one of the honorable ministers with respect to the duration of the personal safe- conduct conceded by the Government through the medium of your honors to the persons who constitute the revolutionary committee in Santiago. The honorable minister of the interior arrived at his office and at the conference referred to, immediately after having been a victim of an odious attempt which put in danger his life and those of his colleagues the president of the Senate and other respectable senators who accompanied them. Under the impression of that act the honorable minister of interior believed that what had occurred could not fail to attach to the directors of the revolution, and that in consequence had ceased the guaranties conceded under the faith of the respect due to persons even in a state of war and of internal struggle. But the faith of the work pledged before your honors, and the consideration which is due from this Government to your honors and to your respective Governments, whatever may have been the violence of the action perpetrated by individuals of the opposition, obliges us to respect the guaranty conceded under date of the 2nd instant until the honorable ministers are pleased to fix the day on which same shall cease. With sentiments of highest esteem, etc., RlC.\RDO Cruzat. [Inolosure 5, in No. 164.] Mr. Egan to Senor Criizat. Legation of the United States, Santiago, May li>, J.S91. Sir: I have the honor to acknowledge receipt of the note which your excel- lency, in the name of His Excellency the President of the Republic;, has addressed to me on the 8th instant, relatllig to the good offices of the United States of America, BrazU, and Prance for the restoration of the peace of Chile. The explanation which in the last part of said n(^te your excellency Tias given in relation to what occurred on the occasion of the interview between my coUeao-ues and I and the honorable minister of interior on the 6th instant, at 5 o'clock pfm., makes it evident that that gentleman, in declaring iiiett'cetive from that moment the DIPLOMATIC CORRESPONDENCE. 41 safe-conduct granted to the delegates of the opposition with whom we were to treat, acted without authorization from the Government of Chile. We are therefore en- abled to fix the time at which the guaranty referred to shall cease, as in fact we did yesterday. For my part I accept with thanks the explanation, which is all the more satis- factory because of its spontaneity. Availing myself, etc., Patrick Eg ax. [Enclosure 6 in No. 164.— Translation.] The mediators to ike delegates of the opposition. Saktiago, May 10. 1^91. Messieurs Belisario Prats, Mblchok Concha i Toro, Eulojio Altamibano, Car- ix>s Walker Martinbz, Grkgorio Donoso, Eduardo Matte, and Pedro Montt : Gentlemen: We have the honor to acknowledge receipt of the note which you have been good enough to address to us, the 5th of this month, communicating the basis upon which you would be disposed to enter into arrangements withthe Govern- ment for the reestablishment of the internal peace of Chile, under the good offices irhich we have offered, and which have been accepted by both sides. Before all, w^ may be permitted to convey to you our gratitude for the good opin- ions which you have so cordially expressed with respect to our Governments and fheir representatives. With the impartiality imposed by our public character, and, besides, by the august mission which we were called upon to fill towards the two branches of the Chilean family, to-day unfortunately divided, we have endeavored to open a road which ■would conduct to their union. The names of all of xhe distinguished gentlemen who have signed the letter oi the 5th of May are of themselves sufficient guaranty of the elevated and correct form of that political document, and which impression we have entertained since it came to our cognizance. The character with which we are invested, as you well comprehend, prohibits us from pronouncing with respect to its substance. Ton having intimated the desire that the Government should not receive any knowledge of the basis of arrangement of the opposition unless they should deliver to us their conditions in writing, we approached the Moneda on 6th instant with this object. Our efforts have been fruitless ; the Government for its part gave us to understand that it would not give us any knowledge of its conditions unless we should pre- riously communicate to it thebasis of arrangement of the opposition. Before we were able to come to an understanding upon the manner of arranging, this question of form, the Government, alluding to an incident entirely unconnected with this mat^fbr, which had occured in the evening of the same day, declared the negotiations broken off. ii, j. • We deplore the want of success of the negotiations, and sincerely hope that m the near future the Chilean nation may be able to follow again the*path of unalterable peace in search of those high destinies that Providence has reserved for her. We have, etc., Patrick Egan. H. B. Cavalcanti de Lacerda. A. Db France. [Inclosure 7 in No. 164.— Translation.] Termination ofsafe-oonduct. Santiago, May IS, 1891. In virtue of the power conferred upon us in the safe-conduct conceded under date of 2d of present month, the undersigned have the honor to communicate to his excellency the Hon. E. Cruzafc minister of foreign affairs of Chile, that they hx tne day of the 15th of May, instant, at 12 o'clock at night, as the time when said guaran* ty shall cease. „ _ ' Patrick Egan. H. B. Cavalcanti db Lackrda, A. De France. 42 RELATIONS WITH CHILE. ' Mr. Egan to Mr. Blaine. No. 166.] Legation of the United States, Samtiago, Ma/y 23, 1891. [Eeceived July 7.] Sir: I have tlie honor to inform you that the ministry whose organ- ization I reported in my No. 100, of the 17th of October last, has resigned, and that His Excellency the President appointed on the 21st instant a new ministry, the personnel of which is as foUows: Minister of the Inte- rior5 Don Julio Banados Espinosa; of Justice and Public Instruction, Don Francisco Javier Concha; of Finance, Don Manuel Aristides Za- Hartu; of War and Marine, Gen. Jos6 Velasquez; of Industry and Publi* Works, Don Nicanor Ugalde ; and of Foreign Eelations and Public Wor- ship, Don M. Maldunate. i This change has been brought about, so far as I can learn, by per- sonal differences between some of the members of the cabinet, and has not, therefore, any political significance. I have, etc., Patrick E&ait. No. 106.] Mr. Wharton to Mr. Egan. ' Department of State, Washington, May 28, 1891. Sir : I have to inclose, for your information, copy of a letter from Mr. D. H. B. Davis, of Lima, Peru, stating that it is rumored that you have advised the Government of GhUe to grant letters of marque to privateers as a war measure. I am, sir, etc., William P. Wharton, \ " Acting Secretary. [Inclos^ure in No. 106.] ^ Mr. Davis to Mr. Blaine. Lima, A^l S7, 1891. Deae Sir : It is reported here that our Minister to Chile, Mr. Patrick Egan, is advising the Chilean Governmenlj to grant letters of marque to privateers as a war measure. This rumor comes from high and respectable authority (English). It seems impossible for us Americans to believe this can be true, especially when we know how carefal and circumspect Mr. Egaa\ has acted all through his stay in Chile, commanding the respect of enemies and friends alike. It would be most sktisfaotory to be able on good authority to refute this seriona rumor. I am, dear sir, D. H. B. Davis,^ Citizen of the United States. Mr. Wharton to Mr. Egan. [Telegram.] Department of State, f Washington, June 1, 1891. ' Mr. Wharton instructs Mr. Egan that, prompted solely by a desire to restore peace, and entirely disinterested, the President desires him to DIPLOMATIC COBEESPONDENqE. 43 informally and discreetly ascertain whether the good offices of this Government can in any way be used for the termination of the conflict in Chile. Mr. Wharton to Mr. JEgan. [Telegram.] Department op State, Washington, June 1, 1891. Mr. Wharton instructs Mr. Egan to telegraph a condensed statement of the situation, both military and political, and to write a full report and send the same by mail. Mr. Wharton to Mr. Ugan. [Telegram.] Dbpabtmewt op State, Washington, June 1, 1891. Mr. Wharton informs Mr. Egan that the expectation is entertained of a return to the custody of the courts o£the United States of the arms placed on board of the Itata and of the ship herself. Mr. Egan to Mr. Blaine. [Telegram.] Legation op the United States, Santiago, June 3, 1891. Mr. Egan, declaring the newspaper reports to be for the most part absurdly exaggerated, says that Coquimbo and all southern Chile is under the control of the Government, whose resources are ample, and forces consist of 40,000 well-armed men, while the revolutionists have control of the northern provinces, command a force of about 6,Q00 badly armed men, and rely chiefly upon the navy, drawing their reve- jauefrom the shipments of saltpeter. He states that, the session of Congress is proceeding as usual. Mr. Ugan to Mr. Blaine. No. 170.1 Legation of the United States, Santiago, June 3, 1891. (Eeceived July 16.) SiK: I have the honor to acknowledge receipt of your telegram of June 1, respecting the Itata, on yesterday, and have communicated the contents to the minister of foreign relations. I remain, sir, etc., ^ ^ ' ' Pateiok Egan. 44 KELATIONS WITH CHILE. ^ Mr. Dgan to Mr. Blaine. N^o. 171.] Legation of the United States. Santiago, June 3, 1891. (Eeceived July 16.) Sib : On yesterday I had the honor to receive your telegram request- ing me to make a fall report of the situation, to which I replied by tele- graph this morning. Since the abandonment of Antofagasta by the Government forces, re- ferred to in my No. 147 of 31st March, there has been no encounter be- tween the forces on land and the only occurrence of importance on sea has been the sinking of the revolutionary ironclad Blanco Encalada in the bay of Oaldera on the morning of the 23rd of April by the Govern- ment torpedo-catchers Ahnirante Lynch and Almirante Condel, with the loss of about 180 of the ofiftcers and crew of the Blanco. This occur- rence haSj I presume, been fully reported upon by Admiral McCann for the information of the Department of the Navy. The troops that re- tired from Antofagasta, about 2,400, including offtcers and men, under command of Colonel Camus, found that at Calama they were cut off by the deserts of Antofagasta and Atacama from the main body of Gov- ernment forces, while exit by the sea was barred by the revolutionary fleet. They therefore retired into Bolivia, passed through that country and through the Argentine Republic, sending their arms in advance, and after a journey of over 2,400 miles, across mountains and deserts, partly by rail, but chiefly on foot, came across the Andes Mountains, by way of Mendoza, and arrived in Santiago on the 24th May. Another division of 700 men stationed at Arica and Tacna in the north, under command of General Arrate, finding itself cut off in like manner, rather than surrender to the revolutionists, retired into Peru, and is now interned in that country. A third body, chiefly of cavalry, under Colonel Stefan, being isolated at Capiapo, also retired into Bo- livia, and is at present on its return across the Andes, enduring great hardships. Those three cases are considered as indisputable proofs of the loyalty of the army to the Government. The Government has now a well-organized and well-equipped army of 30,000 regular soldiers and an armed and highly disciplined police force of nearly 10,000 men; together about 40,000 men under arms. It has the two torpedo catchers, Lynch and Condel, which have already done such deadly execution on the Blanco JBncalada, the fast transport Imperial, which has continuously carried troops and stores along the coast in despite of the entire revolutionary fleet, and it has some ten effective torpedo launches for service in the harbors. It is also expect- ing the arrival of two new fast protected cruisers now about completed for it in Prance. In all of the country from Coquimbo to the Straits of Magellan the Government is supreme, and while there is much discontent, chiefly among the wealthy families, there is no disorder of any kind. The Congress which met here on 20th April continues its proceedings in the ordinary way and in entire harmony with the executive power. The Government claims to have ample resources at its disposal for all contingencies, and it feels entirely confident of success. The revolutionists occupy all the way from Huasco northward, but as the territory is entirely sterile they have to rely upon importation for everything they consume, and in some of the smaller ports even the water supply is brought in by sliips. The result is that everything in the way of food supplies is extremely dear and much distress prevails DIPLOMATIC CORRESPONDENCE. 45 among the workers and their families, and consequently much discon- tent. The number of men actually enrolled in the revolutionary army does not, so far as I can learn, exceed 6,000, of which the majority are poorly armed and withotit uniforms. The revolutionary leaders in the north and here claim to have an army of from 12,000 to 15,000 men, but from information recently brought down by the English fleet I learn that this calctdation is based upon lists of names enrolled largely through the influence of superintendents and others connected with the nitrate oflcinas in Tarapaca, and that while those names make an important display on paper, the owners- of them continue their labors in the nitrate fields and have never actually joined the army. The Junta or provisional government in Iquique is in receipt of a substantial income from duties on nitrate shipments, probably amount- ing at present to $1,000,000 per month. It has also the fleet, consisting ' of two ironclads, the Huasbar and Cochrane, three wooden vessels, the O^Hiffgins, Magall'anes, and Abtao, and one cruiser, the Esmeralda, to- gether with four or five transports taken from the Chilian Steamship Company. The only one of these that can make fast speed is the Es- meralda, which, in good repair, can steam about 15 knots per hour. According to official statistics, published in February of this year, the total population of Chile is about 3,256,000 , persons. Of those the . •the four provinces occupied by the revolutionists (Atacama, Antofa- gasta, Tarapac^, and Tacna) contain 180,800 persons, including over 58,000 foreigners, while the twenty provinces controlled by the Govern- ment contain the balance of 3,075,000 people. The leaders of the opposition seem to feel much confidence in the ul- timate success of their cause, but on the whole their prospects, yiewed from a disinterested standpoint, do not look very promising. Under ■date of 25th of May Admiral McCann, writii^ig me from Iquique, says : "My impression has been for some time that the success of the revolu- . tionary party is about hopeless, and these impressions are somewhat strengthened by an admission made by Capt. Montt that he placed no reliance upon disloyalty to the Government of the troops in the south- ern provinces." ' The belief in the disloyalty of the army has been aU along the main hope and reliance of the revolutionists. It will be seen frOm my letters on this subject that I have never had any faith in this supposed disaf- fection, and the recent action of the troops under Gen. Arrate and Cols. Oamus and Stefan, in facing terrible hardships and dangers rather than go over to the revolutionists, -by whom they would have been re- ceived with open arms, afford strong confirmation of the opinions which I expressed. The newspapers in the United States and England have been pubUsh- ing ridiculous fabrications and exaggerations regarding the progress of the campaign and on the general situation here. I have read of whole- sale butcheries of the wounded and prisoners by the revolutionists and of wholesale executions by order of the President, all of which were willful exaggerations. Col. ;^obles and some of the wounded officers of the Government were bayoneted after the battle of Pazoalmonte in re- taliation because Col. Eobles had ordered to be shot the leaders of a mob of nitrate- workers, but with this exception I have not learned of any departures from the laws of civilized warfare. On the Govern- ment side I only know of six cases of capital punishment: two in the ■case of sergeants who were convicted of endeavoring to promote a mu- tiny among their men and of four men who were intrusted with the duty 46 EELATIONS WITH CHILE. of patrolling the harbor of Valparaiso and who deserted, taking away ydth them a Government torpedo launch. In all other cases where the death sentence was passed by military tribunals, the President promptly intervened with an extension of clemency. I have also read sensational accounts of naval combats at Valparaiso and other places, as well as of military operations, which were pure fabrications. The present indications are that this unhappy struggle may last for some months to come. I have, etc., » Patkick Egan. Mr. JEgan to Mr. Blaine. [Telegram.] Legation op the United States, Santiago, June 9, 1891. Mr. Egan states that, while the revolutionists were not inclined to make any reasonable peace propositions, the Chilean Government is well disposed to entertain any that might be made. Mr. Ugam to Mr. Blaine. Ko. 172.] Legation op the United States, Santiago, June 9, 1891. (Eeceived July 16.) Sir : On Tuesday, the 2d instant^ I had the honor to receive from Mr, "Wharton a telegram.* I also'received on same day two letters from Rear- Admiral McCann, now at Iquique, copies of which I inclose, marked No. 1 and No. 2, in the latter of which he says : I have just been authorized by the authorities here to ask the belligerents, through our Government and yourself, to act ou my suggestion of yesterday with reference to the truce, and have telegraphed to Washington accordingly. I took the earliest opportunity to obtain an interview with the Presi- ident and intimated to him, informally, the object of my visit. He re- quested me to convey to the President of the United States his most cordial appreciation of the generous interest which he is taking with a view to terminating the present unhappy conflict in Chile, and to say that it would be an especial pleasure to him if such a happy result could be arrived at through the medium of the good offices of the United States. He requested me to convey the assurance tha,t both he and Ms Government are ready to consider, in the most kindly spirit, any propositions coming from the revolutionary or opposition party based upon the maintenance of legitimate authority; that they seek no harsh measures against the other side, no penalties, no confiscations of personal property; and that they are prepared to make any reasonable sacrifices for the restoration of peace. The Government wiU not, how- ever, make any proposals until it first has before it the propositions of the revolutionary party, and to this the revolutionary leaders here. will * Telegram of June 1. DIPLOMATIC CORRESPONDENCE. i 47 not consent. The idea of a truce, suggested by Admiral McOann, would not at present be entertained. Judging from the letters of Admiral McCann, and from information which has reached me through other sources, I consider that the revo- lutionary leaders here have an exaggerated idea of the condition of things with their friends in the North and on that account it is extremely dif&cult to deal with them. I have replied to Admiral McOann , under date of 2d instant, suggest- ing to him the possibility of getting some proposals from the leaders in the north which might serve as the basis of negotiations. I inclose copy of my letter marked No. 3. I shall avail of every possible op^portunity that may offer to carry into effect the desire communicated to' me on behalf of His Excellency the President; but, from the temper of the leaders of the revolution, and from their bitter personal hatred agamst Jfresident Balmaceda, I have but slight hopes of accomplishing anything practical at the present time. The election of the next President will take place on the 25th of July, when , I believe, Don Claudio Vicun a will be chosen unanimously, or nearly so. This gentleman, with whom I have the honor to be on terms of cordial personal friendship, is an ardent admirer of the United States, and, as his family connections and associations extend in various direc- tions among the leaders of the opposition, I have strong hopes that after his election it will be possible to negotiate a truce which, after his instal- lation in ofQce on the 18th of September next, may be converted into a permanent peace. I have, etc., Patrick Bgan. [Inclosure 1 in !No. 172.] Bear-Admiral McCann to Mr. Egan. latiiQUB, May 25, 1891. My Dear Sir: Iliave just had a visit from Captain Montt and Senor Errazuriz, ■with the latter of whom I had a conversation about the Itata affair, as well as about the political and military situation of affairs in Chile. He (Errazuriz) informed me that he expected the liata here yesterday, and that she might arrive any time. He complained of the unjust treatment of the JSsmeralda at Acapulco by the Mexican Government, stating that it was in violation of their rights as belligerents, and that sufficient coal and other supplies should have been allowed that vessel to enable her to reach the nearest home port; but that he was now in communication with the Mexican authorities, who were reconsidering the situation and were inclined to act more favorably. Mr. Trumbull was still in San Francisco, but had been unable to communicate with Capt. Silva of the Esmeralda and learn the whereabouts of the JTtoto. The conversation then turned on thepolitical parties in Chile, and Senor Errazuriz spoke of the unconstitutional manner of electing the present Congress as being the greatest obstacle to any peaceable adjustment of the difficulty between the revolu- tionary party and the Balmaceda government, and also of the confiscation of the prop- erty of the insurgents.- I then inquired if he still had representatives of the Junta government in Santiago and if there remained any hope of further negotiations for peace. He replied that their representatives were still there and that the ministers of the three Governments who had offered their good offices were still prepared to continue their efforts for peace and that the Junta commissioners had receded from their first condition, of the retirement of Balmaceda from the office of President. I then asked his opinion as to the probable conduct of Senor Vicuna when elected to the office of President. He thought that he would be more inclined for a peace- able settlement than Balmaceda had been. I then suggested, " Why not consent to a truce until the expiration of the term ot 48 RELATIONS WITH CHILE. office of Balmaceda? This would give time for the three foreign ministers and the members of the Junta to reconsider the negotiations for peace." Senor Errazuriz thought " that it would be impracticable to suspend hostilities, with the armies now in the field." But a moment later he replied : "I have never thought of thaft; I thank you for the suggestion; it ie a broad and generous view to take of the situation, and I will telegraph the fa|Ct immediately." This is substantially the conversation, to the best of my recoUection. My impression has been for some time that the success of the revolutionary party- is about hopeless, and these impressions were somewhat strengthened by an admis- sion made by Captain Montt, that he placed no reliance upon the disloyalty to the Government of the troops in the southern provinces. There is no important change in the situation of affairs here, although the torpedo cruisers and the Imperial have kept the garrisons and naval vessels about the nitrate ports in a continual state of commotion by threatening to attack. The Penaacola is at Arica and the Charleston is expected to be there in a few days. Yours, very sincerely, _ „ ' ^ , W. P. McCakn, Rear-Admwal, tJ. S. Navy. [Inolosure 2 in No. 172.] Bear-Admiral MeCann to Mr. Egan. IQUIQUE, May S6, 1891. Deak Sir : In my hurried note of yesterday I omitted one part of the conversation. which I think will be of interest to you. In my first interview with Capt. Moijtt and Senor Errazuriz I stated that I was aware of the fact that our minister to Chile had been subjected to much undeserved abuse by the revolutionary party and their sympathizers, both on this part of the coast as well as in Santiago and Valparaiso, and that there was no doubt ofMr.Egan's impartiality in his conduct as our representative or that he had been beMending many of the opposition and had protected them and saved them from punishment. During the interview yesterday, Senor Errazuriz remarked that he was aware of the fact and that he had the highest regard for Mr. Egan. As to the suggestion for a truce which I made yesterday, it is my opinion that if proposed by the insurgents the Government would be placed in an embarrassing po- sition if it were to be declined. This, however, is a matter entirely for diplomatic agents to deal with and arrange. The sailing of the Puno having been put off till this afternoon, I avail myself of the delay to send this short postscript to my note of yesterday. Yours, very sincerely, W. P. McCann, Mear-Admiral, Tf. S. Navy. P. S. — I have just been authorized by the authorities here to ask the belligerents' through our Government and yourself, to act on my suggestion of yesterday with reference to the truce, and have telegraphed to Washington accordingly. W. P. McCank. [Incloauro 3 in No. 172.] Mr. Egan to Bear-Admiral McCann. Legation of the United States, Santiago, June 3, 1891. My Dear Sir :Yourmuch esteemed andvery interesting letters of the 25th and 26th ultimo came to hand to-day, and I am greatly pleased to receive, and very thankfnl for, .ill the information which they conveyed. I have also to-dav received a tele- gram from the Department of State, instructing me, in the name of the President, to ascertain, discreetly and informally, whether there is any way in which the friendly offices of our Government can be used for the termination of the conflict now raging in Chile, which suggestion is made in an entirely disinterested manner and prompted solely by'a desire to restore peace. In pursuance of that instruction I had to-day a conference with the President, in which he manifested a very good spirit and a strong desire for peace, based, of course, upon If gitimate principles. The late negotiations were broken off because the delegates of the opposition would not consent that their bases of peace should be made known to the Government until DIPLOMATIC COREESPONDENCE. 49 the latter had first given in writing to us as mediators its conditions, wMch the Government could not consent to do. The President assured me that his Grovernment will consider in a kindly spirit anjr proposals which the opposition may suhmit, and that there is no medium through which he would he so much pleased to receive propositions as through your good self and through the United States legation in Santiago. ; If your view of the situation he correct, as I have no doubt it is, the opposition leaders here are greatly mistaken and as a consequence they have got their notions entirely too high. They assert, and I am sure they honestly believe, that the revo- lutionary army in the north is composed of about 14,000 to 15,000 men and that very soon they can invade the south with 10,000 to 12,000 men well armed and equipped. In this frame of mind it is entirely useless to talk compromise with them. I believe that the only chance of effecting an arrangement is by negotiating direct with the leaders in the north, and I would suggest to you to endeavor to obtain from them some definite 'propositions which may serve as a basis for negotiation. Your idea of a truce would not, I fear, be entertained. I suggested the matter to-day, but it was not favorably received. The government has now about 30,0.00 regular troops and about 10,000 armed police. If these men continue loyal — and I believe they.wiU — it seems to me tha* the govern- ment can not be disturbed and a continuance of the present state of things must be ruinous for every interest in Chile. It is therefore a duty, in the interest of humanity, "to do everything possible to restore peace and save the country from further bloodshed and ruin. You can assure the gentlemen of the opposition in the north that my best and most cordial efforts will be freely and fully at their disposal for the attainment of these ends. I remain, etc., Patrick Egah^ Mr. Wha/rton to Mr. Ugan. [Telegram.] Depabtment op State, Washington, June 17, 1891. > Mr. Wharton advises Mr. Bgan that there are negotiations being conducted by combined EngMsh companies for the purchase of the only land line, and instructs him to use his good oflces in behalf of the Cen- tral and South American Telegraph Company, which should enjoy fair and impartial consideration of their application for a line that they desire to establish and operate between Valparaiso, Santiago, and the Argentine frontier.^ Mr. Wharton to Mr. Ugan. 'Eo. 111.] Department op State, Washington, June 18, 1891. Sir: I append on the overleaf a copy of a telegram sent you on the 17th instant, permitting the use of your good offices in behalf of the application of the Central and South American Telegraph Company to establish and operate a telegraphic line between Valparaiso, Santiago, -' and the Argentine frontier. At the same time I inclose for your information and flies a copy of a letter from the president of that company, of the 2d instant, and of my rep^ of the 16th, touching the character of your intervention. Agreeably to a telegraphic request from Mr. Scrymser of the 17th instant, I cabled^you on that date as stated. I am, William F. Wharton, Acting Secretary. 4 50 RELATIONS WITH CHILE. [Inolosnre In No. 111.] Mr. Scrymaer to Mr. Whcurton. Central and South American Telegraph Company, 37 and 39 Wall Street, New York, June Z, 1891. (Eeceived June 3.) Dear Sir : I have the honor to inquire if the State Department would, if it should he 80 decided by the directors of this company, telegraph to General Egan, United States minister to Chile, requesting him to confer with the general manager of this company, now in Chile, and obtain for this company the rightto establish, maintain, and operate a telegraph line between Valparaiso, Santiago, and the Argentine frontier'. I ask this, because I have received to-day telegraphic advices that the combined , English companies operating the cables between Europe, !feazil, and Argentina are negotiating for the purchase of the only land line between Valparaiso, Chile, and J Buenos Ayres, Argentina, the Transandi'ne Telegraph Company. The only obstacle ''% to such purchase arises through the fact that owing to the disturbed condition of •Cliile the necessary number of shareholders can not be reached to give their consent, ■consequently the Transandine Telegraph Company is inviting sealed tenders for the purchase of its lines, to be 6pened July 15; aind even then it is doubtful if the con- sents of a sufficient number of shaxeholders can be secured, I have reason to believe — in fact know — that the relations of General Egan with tjie Chilean Government at the present time are such that the ChUean Government will gladly concede any reasonable permission that General Egan might ask. The State Department has always given its valnable aid in undertakings of this character, and I need not explain to one so well informed as yourself that if the English companies monopolize this important link American commerce will suffer, and the possibility of this, an American company reaching Argentina and Brazil will be, to Say the least, doubtful and dipcult. I am sure General Egan wUl be only too glad to facilitate a matter of such vital importance to American interests. Should you decide that thte State Dej^artment can properly act in this matter, I will prepare a brief telegram explaining our requirements, to be sent by the State Department in (jode to General Egan, the cost of which telegram this company will of course pay. I remain, etc., James A. Scrtmser, President. ' Mr. Mgcm to Mr. Blaine. [Telegram.] Legation of the United States, Santiago, June 25, 1891. (Eeceived June 26). Mr. Egan informs the Department that the Chilean Government can not be expected to grant the favors referred to in the telegram of the 17th, since the telegraph company has refused to open direct communicatioiis .with Valparaiso. Mr. Egan to Mr. Blaine. ISo. 174.] Legation of the United States, Santiago, June 25, 1891. (Eeceived August 12.) Sib : I have the honor to acknowledge receipt of your cable dispatch of the 17th instant, and after consultation with Mr. Turner, agent of the Central and South American Telegraph Company, I presented the solicitude of the company for permission to construet and operate a line from Valparaiso to Santiago and on to the Argentiae frontier. This solicitude is regarded as a move for the purpose of depreciating ^i the value of the Transandine Telegraph line, which is about to be DIPLOMATIC CORRESPONDENCE. 51 sold in a couple of weeks, and the stock of whicli is largely held Jiere and p Valparaiso. On this acconut, but especially on account of the unwillingness of the Central and South American Company to open up direct communication with Valparaiso, in response to the earnest re- quest of the Government, I have but little hope that the concession wUl be granted. , I have, etc., Patrick EeAsr. =-<■ Mr. Wharton to M^r. Egan, [Telegram.] Depaetment op Sa?ATE, Washington, Jwne 26, 1891. Mr. Wharton acknowledges receipt of Mr. Egan's telegram report- " ing that insurgents refuse good ofiices of the United States, and states that impression that insurgents would willingly accept our mediation for peace is confirmed by repeated advices &om our naval pflcers in north- ern ports; states that unless an erroneous impression exists at Santiago, this Government is unable to understand causes of conflicting reports from different quarters as to insurgents' attitude; and asks whether he is assured that the President, if the insurgents would concur, would accept our good offices to restore peace. Mr. Egan to Mr. Blaine. Eo. 175.] Legation op the United States, Santiago, June 27-, 1891. (Beceived August 12.) SiK : I have the honor to inclose copy of a letter which has reached me from Kear-Adiniral McCann, together with copy of a communica- tion; therein referred to, from Don Isidoro Errazuriz as representative of the Junta or executive of the opposition party. I also inclose copy of my reply of this date addressed to Admiral McOann, fi'om which, as well as from my letter of the 2d instant, inclosure ISo. Sin 'Eo. 172, it wiE be seen that in supposing that I had requested him to address a note, or to formally tender good offices, to the revolutionary Junta the admi- ral Was Tinder a misapprehension. The copy of the letter of Don Isidoro Errazuriz has been, extensively circulated through the revolutionary channels, but I have already taken effective steps to counteract any injury that might result from this incident. In the present temper of the parties any attempt at mediation would be fruitless. I have, etc., ' _ ^ ' Patrick Egan. 52 RELATIONS WITH CHILE. [Inolosnre No. 1 In No. 175.] Bear-Admiral McCann to Mr. Egan, Iquique, Chile, June IS, 1891. Dear Sir : I have much pleasure to acknowledge the receipt of your cominunica- tions dated respectively May 9, 12, and June 2. As requested in your letter of the 2d instant, I addressed a note to SeHor Errazuriz to endeavor to obtain firom the Junta some definite propositions that might serve as a basis for reopening peace negotia1;^ons between the Chilean Government and the insurgents. This request was at once complied with ; and on the 10th instant I received a reply in the form of a declaration, a translation of which is herewith inclosed, with a request that the declaration be transmitted to the Department of State at Washing- ton, in reply to its friendly question as to the means of terminating the present con- flict. I have to regret that in my note to Senor Erraznriz I incantiously quoted too freely ftom your letter of the 2d instant, especially that line in which you express the opinion that "the government at Santiago can not be disturbed." The consequence of this inadvertence on my part (being unaccustomed to diplo- matic fencing) will be seen in the declaration of Senor Errazuriz. I did not quote, however, that part of your letter referring to the relative military strength of the two parties, and simply offered to be the channel through which they might transmit a reply either to yourself or to the Government at Washington. There is but little change in the situation of affairs here. The Amazmias came in a few days since with 2,400 troops from the south, Copiapo and Caldera, I believe, apparently concentrating their forces at Iquique. The torpedo cruisers, as you have probably heard, have been demonstrating about their ports, which continual harrying of the garrisons and ships exasperates the insurgents to the last degree. The Itata, convoyed by the Charleston, sails to-morrow night for San Diego. The loss of the vessel and the arms at this time has excited a bitter animosity against us. ■ With kindest regards, etc., W. P. McCamit, Sear- Admiral, XJ. S. Kaxyy. [Inclostire 2 in No. 175.] Bear-Jdmiral McCann to Senor Errazuriz. Flagship Baltimore, Office op CoMMAfrDKR-Qf-CHiEF, Iquique, Chile, June 8, 1891. Sir: I have the honor to.inform you that under date of the 2d instant the Hon. Patrick Egan, envoy extraordinary and minister plenipotentiary of the United States to ChUe, has authorized me to offer to the authorities of the opposition the friendly ofSces of the United States Government and at the same time most cordially his own services in renewing negotiations with a view to a restoration of peace in ChUe. I Mr. Egan states that on the date above referred to he had received a telegram from the Department of State instructing him in the name of the President to ascertain discreetly and informally whether there is any way in which the friendly offices of our Government can be used for the termination of the conflict now raging in ChUe, which suggestion is made in an entirely disinterested manner and prompted solely by a desire to restore peace. Mr. Egan further states that on the 2d instant " he had a conference with the President of Chile in which he manifested a very good spirit and a strong desire for peace, based, of course, upon legitimate principles. " The late negotiations for peace were broken off because the delegates of the opposition would not consent that their basis of peace should be made known to the Government until the latter had first given, in writing to us, or ministers, its conditions, which the Government would not do. " The President assured me that his Government will consider in a kindly spirit any propositions which may be submitted by the opposition, and that there \s no medium through which he would be so much pleased to receive propositions as through your good self, and through the United States legation at Santiago. "I believe that the only chance of effecting an arrangement is by negotiating directly with the leaders in the north, and I would suggest to you to endeavor to obtain from them some dpfinite propositions which may serve as a basis for negotia- tions. * DIPLOMATIC CORRESPONDBNCE. 53 "Your idea of a truce would not, I fear, be entertained. I suggested the matter to-day, but it was not favorably received. " It seems to me that the Government can not be disturbed, and a continuance of the present state of thii^gs must be ruinous for every interest of Chile. It is, there- fore, a duty in the interest of humanity to do aU that is possible to restore peace, and to save the country from further bloodshed and ruin. ' " You can assure the gentlemen of the opposition in the north that my best and most cordial efforts will be freely and fully at their disposal for the attainment of these ends." In conclusion I beg to assure you that if I can be of any assistance in communi- cating your decision relating to the above propositions either to the Hon. Mr. Egan or to the Government of the United States, I shall be most happy to comply with your wishes. I have, etc., W. P. McCann, . Eear-Admvral, U. 8. Navy, Commanding U. 8. Naval Faroe, 8outh Atlantic and South Pacific Stations. [Inoloaure 3 in No. 175. Translation.] ' Senor Isidore Errazwriz to Bear-Admiral McCann. Junta Cb Gobiebno, Iqmque, June 10, 1891. Admiral : I have had the honor to receive your letter of the 8th, inwhich you in- form me that on the 2nd of this month the Hon. Patrick Egan, Minister Plenipoten- tiary of the United States in Santiago, authorized you to offer to the authorities of the opposition the good offices of the Government of the United States, and at the same time very cordially your own services were offered for the purpose of renewing negotiations for the reestablishment of peace in Chile. You add that Mr. Egan informed you on the same date already mentioned that he Teceived from the Department of State a telegram in which he was charged in the name of the President to try to find out if there is any way in which the good offices of the Government of the United States could be employed to put an end to the con- flict which is destroying Chile, a friendly intervention made in a disinterested man- ner, in obedience exclusively to the desire to reestablish peace. Mb. Egan also informed you that on the 2nd day of this month he had a confer- ence wiSi the President of Chile, in which the latter showed a favorable disposition and a lively desire to secure peafce, based of course on legitimate principles. The last negotiation was interrupted because the Delegates of the Opposition re- fused to permit their demands to be communicated to the Government before the latter would impart its own demands to the Mediators, something which the Gov- ernment did not wish to do. ' The President assured the Hon. Mr. Egan that he would consider in a benevolent spirit any proposition whatever that would be submitted to him by the Opposition, and that nothing would please him so much as to receive these propositions through you or the United States legation in Santiago. The Hon. Mr. Egan believes that the only way to reach an arrangement is to ne- gotiate directly with the leaders in the North, and suggests to you to try to obtain from them some concrete proposition which could serve as a basis for negotiations. In regard to the idea of a truce which was favored by you Mr. ^§ai;i thinks that there is no probability of its being accepted. In the conferfflioe which was held in the Government House he referred to the matter and it was not favorably received. The Hon. Mr. Egan believes finally that the Government can not be overthrown, and that as the continuation of the present state of things is ruinous to the country- it is a humane duty to put an end to the spilling of blood. He concludes by au- thorizing you to inform the gentlemen of the opposition that they can count on his best and sincerest efforts to reach this end. ' Finally, you have the goodness to assure the undersigned that you will take pleas- ure in informing the Hon. Mr. Egan or the Government of the United States of any decision whatever of the Governing Council (Junta de Gobierno) relative to the proposition already mentioned. I am charged by the Provisional Council of Government to say to you in reply, that they deplore the rejection in Santiago of the proposition for an armistice which was favored, disinterestedly,; by you and submitted to the approbation of the President of the United States. v The undersigned had the honor to declare to you, as soon as you proposed it, that the Governing Council esteemed the spirit of equity and benevolence which inspired the said proposal, and that they considered it well calculated to mitigate the evils 54 RELATIONS WITH CHILE. from which the country suffers and to facilitate the pacificatory action of friendly states. As to the new proposal which the Hon. Mr. Egan, minister of the United States, now mates through your estimahle mediation to the memhers of this Government, to the effect that the negotiations for peace may he renewed, in the sense that those who obey the authority of Congress shaU present propositions which shall be sub- mitted to the examination and discussion of Mr. Balmaceda, who has promised to consider them in a benevolent spirit, a proposal inspired, it appears, by the opinion that the Hpn. Mr. Egan has formed in Santiago, that the Government can not be over- thrown, you will pardon the undersigned if he excuses himself from discussing it at the present moment. You are aware also that on the part of the Governing Council there never was any embarrassment or diflSculty in opening proper and just negotiations for peace, a^s was proved when they made haste to respond to the call made on them with this object, in May last, by the honorable ministers of Great Britain and Germany, through the worthy mediation of Admiral Hotham. Neither is the fact unknown to you that a few days ago, under the auspices of the representatives of the United States, France, and Brazil, conferences for peace were arranged on the distinct basis which the Hon. Mr. Egan favors to-day, and that this benevolent attempt failed unexpectedly and without reason, just as the later propo- sition for a truce failed, from no fault whatever of the negotiators or coadjutors of the Constitutional Government. In general the undersigned takes pleasure in declaring that his Government will always listen with interest and courtesy to any pacific proposition emanating directly or indirectly from the government of Mr. Balmaceda, and that there wifl be no obstacle to the attainment of those noble efforts of fi-iendly nations for peace while that which this council considers as "legitimate principles" are carefully guarded. These are, the integrity of the constitutional system of Chile, and the repudiation of every act and every condition based on the violation of the laws which the coun- try has learned to obey and venerate in more than 70 years of operation. The coun- cil would be very much gratified if this declaration, in reply to the friendly request for an opinion of the means necessary to terminate the present conflict, were trans- mitted to the Department of State in Washington. It is a satisfaction to me, with this object in view, to reiterate to you the expres- sion of my highest and most distinguished consideration. ISIDOKO EERAZUKIZ. [Iiiclosure i in No. 175.] Mr. Egan to Bear-Admiral McCann. Legation of thb United States, Santiago, Jnne 27, 1891. My Deae Sir: I have the pleasure to acknowledge receipt of your letter of 12th instant, with the inclosed copy of a communication from Don Isodoro Errazuriz, in reply to your note of 10th instant addressed to him. I am sorry you wrote at all to Mr. Errazuriz, as those matters are always better treated verbally, and you will remember that in the telegram from the Stsite Depart- ment, to which I refeited in my letter of 2d instant, it was stated, as the desire of the President, that the endeavors to ascertain if the good offices of our Government could be used should be made " discreetly and unofficially." The copy of the letter of Mr. Errazuriz'had been sent to the chiefs of the opposition party here^several days before I received it from you, and the contents, in an exag- gerated form, are now freely circulated through the various opposition channels, to our detriment. ' From the temper of the parties, it seems to me to be entirely impossible to do any- thing towards the restoration of peace at the present time, and it would therefore be useless to refer to the question ot an armistice. I have never stated to the Government here that I had received any intimation from any source on the question of an armistice, but simply suggested the idea in a casual way as coming front myself, which course meets the approbation of the representa- tives of the opposition here. I remain, etc., Patrick Egan. ' DIPLOMATIC CORRESPONDENCE. 55 Mr. Wharton to Mr. Egm. [Telegram.] Depaktment op State, Washington, June 30, 1891. M-v. Wharton transmits to Mr. Egan information received by wire fffim the president of the Central and South American Telegraph Com- pany relating to the company being forcibly prevented from working the cable between Iquiqne and Valparaiso, and expressing the wUling: ness of the company but the fear that if the qlirect cal5le were connected t)tirough between Peru and Valparaiso it would be cut by the offtcials at Iquique. Mr. Mgcm to Mr. Blaine. [Telegram.] Lb&ation of the United States, Santiago, July 2, 1891. (Eeceived July 12.) Mr. Egan strongly recpmmends that the telegraph company accept the offer made by the Chilean Government to pay the expenses of open- ing communication with Valparaiso and to give guaranties against damages to cable. Mr. Wha/rton to Jfr. Ugan. No. 112.] Department of State, Washington, July 3, 1891. Sir : Eeferring to your No. 153, of April 21 last, stating that the Chilean Government was desirous of purchasing a war vessel from the United States, I have to inform you that the IfTavy Department replies that it has none for sale. I am, etc., William F. Wharton, Acting Secretary. Mr. 'Wharton to Mr. Eg.g,n. No. 115] Department of State, Washington, July 9, 1891. Sir : I have to acknowledge the receipt of your Nos. 151 and 152, of April 6 and 14 last, relative to a decree of the Chilean Government closing to commerce certain ports of ChUe while in the hands of the in- surgents. in view of the fact that you have " obtained faU and friendly assur- ances that American vessels will not be subjected to any inconven- iences," the necessity for any formal instructions to you in the prem- ises has been anticipated. I am, etc., William P. Wharton, Acting Secretary. 56 RELATIONS WITH CHILE. Mr. Ugan to Mr. Blaine. No. 179.] Legation of the United States, Santiago, July 10, 1891. (Eeceived September 26.) SiK : On the 27tli ultimo I had the honor to receive a telegram from the Department, in which it is stated that repeated advices from na,val officers in northern ports confirm the impression that revolutionists would willingly accept mediation. I postponed my reply to this mes- sage in the expectation that either the San Francisco or the Baltimore would arrive from the north, and that I should be ablje to learn from the officers reliable information respecting the situation and views of the revolutionists in the north. I now learn that neither ship will arrive here for some time. The President and his Government have all along maintained the position that they are ready to consider any reasonable proposals for the re-establishment of peace, but that they will not advance any until they first have before them bases of arrangement submitted by the revo- lutionists. There is living, here in Santiago, concealed, a revolutionary committee, in constant communication with the leaders in the north, and who know precisely the attitude of the Government, I have ascer- tained beyond doubt that this committee is determined not to make any propositions to the Government, and that in this position they are fally sustained by the Junta de Gobiemo in Iquique. The officers of the Ifavy must therefore be mistaken in their appreciation of the situation, and I can but repeat the opinion expressed in my Nos. 172 and 175 : that in the present temper of the parties any attempt at mediation would be entirely fruitless. I have, etc., Patrick Egan. Mr. Wharton to Mr. Ugan. [Telegram.] , Dbpabtment of State, Washington, July 14, 1891. Mr, Wharton advises Mr. Egah that telegraphic information has been received from the President of the Central and South American Telegraph Company giving the 20th as the (Jate on which the company expect to connect the cables lq free sea. Mr. Ega/n, to Mr. Blaine. TSo. 180.] Legation of the United States, Santiago, July 16, 1891. (Eeceived September 26.) Sie: I have to-day received your telegram informing me that Central and South American Telegraph Company expects to connect cables in the free sea, between Callao and Valparaiso, about the 20th instant, which information I have duly conveyed to the Chilean Government. I have, etc., Patrick Egan. DIPLOMATIC CORRESPONDENCE, 57 Mr. Egan to Mr. Blaine. No. 181.] J Legation op the United States, Santiago, July 16, 1891. (Eeceived September' 26.) Sir : I beg to refer to the gross inventions and exaggerations whicb have appeared in the press of the United States describing imaginary cruelties £(,nd atrocities on the part of both of the parties to the civil war ■which at present so unhappily afflicts this country, and to state for your information that since the beginning of the present month the Govern- ment has set at liberty arid sent to Iquique, the headquarters of the revolution, without any conditions whatsoever, eighty-seven political prisoners, and four others will leaveby the next mail steamers for Mo n- tevideo; leaving now in the Government prisons only fourteen or fifteen prisoners, a,ll military men, charged with, or suspected of, attempting to tamper with the loyalty of the army. All of these geaitlemen, all men of good position, were treated while iu prison — as are also the military prisoners still retained — ^with every consideration. They have had an entire wing of the prison given up to them, with well- ventilated and perfectly clean cells, free intercommunication, permission to receive their friends with very slight restrictions and to receive from outside almost anything in the way of fdrniture and luxuries which their friends desired to send them, and many of them were allowed to keep their servants. For some months they were supplied with food at the expense of a committee of Mends, from a French restaurant, the most excellent in the city, and when the committee stopped this supply the Government had the food supplied from another caterer at an expense of about $40 gold per month for each prisoner. Many reports reached here of the cruel treatment of Government offi- cers who are prisoners in the north, in the hands of the Revolutionists, and the Government requested me to use my good oflces to procure an amelioration of their condition, which I did, but on investigation those reports, as well as the others, turned out to be entirely unfounded. I have, etc., Patrick Egan. Mr. Wharton tolMr. Ugan. No. 120.] Department op State, Washimgton, July 21, W91. Sir : Your No. 172, of the 9th ultimo, in regard to your constant efforts to bring about a cessation of the deplorable conflict in Cbile, has been received. Your earnest and impartial endeavors to pave the way for the effective interposition of the good offeces of the United States, either alone or in conjunction with those of France and Brazil, are highly appreciated and fuUy approved. The want of success hitherto should not dishearten you, or cause any relaxation of your friendly ofQces. It would seem that the near approach' of the end of President Balmaceda's term and the probable installation of a new President against whom personal antagonism may be less sustained, joined to the recent proposals for amendments in the Chilean constitution, may render a solution of the difficulties more easy. Senores Montt and Varas, representing the Congressional party as confidential agents, have been in this city for some weeks. The object of their visit is understood to be the presentation of the claims of their party to rfecognition as a belligerent government. Conspicuously assert- 58 RELATIONS WITH CHILE. ing their capacity as autlioritative representatives of a de facto combat- ant, and claiming to be envoys of aii organized sovereign government, they have l?y their own pretensions made it quite impracticable for this Department to receive them or communicate with them directly, even in an unofficial way. As on frequent occasions in the past, the execu- tive is not disposed to prejudge the question of recognition of a revolu- tionary movement, and nothing has yet occurred which would constrain this Government to a decision of the question of the international status of the Congressional party iu Chile. The non-reception of the Congres- sional agents is in no wise a decision on the merits of the main question. Positive results must be awaited showing the true pui-pose of the people of Chile, and in the meantime this Government feels botmd to maintain its attitude of impartial forbearance. 1?he President's entire iriendliness to the people of Chile and his e^arnest desire to do anything that will restore them to peace and pro- mote the welfare of the country have been clearly shown, and your con- tinued cooperation in all proper ways i^s confidently looked for. I am, etc., William F. Wharton, Acting Secretary. Mr. Ugam, to Mr. Blq,ine. [Telegram.] Legation of the United States, Santiago^ July 25, 1891. Mr. Egan telegraphs that the English, German, and Freiieh ministers have given an undertaking, which the Chilean Government requires as a condition of clearing cargoes from Chilean ports, that if ships should be forei'bly compelled to enter ports in contaol of revolutionists their liberation will be exacted by the fleets of their respective nations. Mr; Egan asks whether he may give the same assurance. Mr. Wharton to Mr. Egan. [Telegram.] Department op State, Washington, July 25, 1891. ' Mr. Wharton informs Mr. Egan that he is not authorized to give nA- dertaking referred to in his telegram of the 25th instant as a condition of clearing cargoes from Chilean ports, and that the Government of the United States will always take all proper steps to protect vessels flying its flag. Mr. Egan to Mr. Blaifie. Ko, 182.] Legation op the United States, Santiago, July 25, 1891. (Eeceived September 26.) Sir : On 14th instant I had the hpnor to forward a telegram inform- ing you that the Chilean Government required, as a condition of clear- ing cargoes ft-om ports in control of the Government, a guaranty that', DIPLOMATIC CORRESPONDENCE, 59 should the ships be compelled by force to enter ports in control of the revolutionists, their liberation would be exacted by the fleets of their respective nations, stating that the ministers of England, Ger- many, and France had passed' notes giving such guaranties and asking if I might do the same. On to-day I received a telegram informing me that my telegram of the 14th had arrived unintelligible, and requesting repetition in other form, which I duly forwarded.* To this I have re- cfeived cable reply, stating that the iGovernment of the United States will always take all proper steps to protect vessels flying its flag, but declining to permit me to give the required guaranty. I beg respectfully to point out that my inability to give the same guaranty as that which the representatives of other maritime powers are giving, places United States shipping interests at somewhat of a disadvantage on this coast. However, I do not think the present states of things can continue very much longer. For your information I inclose copy of one of the notes of guaranty passed by the British minister. I have, etc.. Patbick Egan. [TncloBure in 'So. 182;] , Mr. Kennedy to Mr. Zanartu. Hek British Majesty's Legation, Santiago, June 17, 1891. SiK: Referring to the conference held in your office yesterday with the representa- tives of British nouses interested in J;he export of wheat from Chilean ports, I have the honor to inform yonr excellei^oy that on receipt by me of a list of the ships load- ing grain for Europe I shall apply to tie officer in command of Her Majesty's ships on this coast for special protebtibn on hehalf of the above vessels. I beg further to assure your excellency, that in case of the seizure or molestation of the above sjiips^ by vessels of the Chilean revolted fleet. Her Majesty's naval offi- cers will insist on the immediate release of ships and cargo, and their restoration to the port of export. ' I have, etc., J. G. Kennedy, ' Her Majesty's Minister Resident in Chile. Mr. Egcm to Mr. Blaine. ISo. 183.] Legation op the United States, SanUago, July 38, 1891. (Eeceived September 26.) SiK : I have the honor to refer to my telegram of March 8, and my dispatch Ko. 148, of April 1st last, conve5Taig the request of the Chilean Government that the United States would permit one of its war ships to convey from Valparaiso to Montevideo a quantity of bar silver which it desired to export for the purpose of paying the interest on the na- tional debt abroad, to which communication t did not receive any reply.' I now beg to state that the English Government has placed the Brit- ish war ship Uspihglp at the service of the Government of Chile to con- vey this ibar silver to England and that she is now taking it on board at Talcahuano. , I have, etc., Patrick Egan. * See telegram of July 25 from Mr. Egan. 60 RELATIONS WITH CHILE. Mr. Ugcm to Mr. Blaine. JJTo. 184.1 LEaATION OF THE UNITED STATES, Santiago, July 39, 1891. (Eeceived September 26.) SiE: I have the honor to inform you that on the 25th instant took place the session of the electoral college for the purpose of electing a President to succeed President Babnaceda, when Senor Don Claudio Vicuna was chosen unanimously. Mr. Vicuna is a member of one of the most important families in ChUe, related directly and by marriage with many of the most prominent leaders of the opposition, and is a man of unquestionable honor. His inauguration as' President will take place on the 18th of September and I have much hope that an opportunity may then be found to do some- thing practical for the restoration of peace. Mr, Vicuna is an ardent Mend of the United States and an admirer of its institutions. I have, etc. Patrick Egan. Mr. Egan to Mr. Blaine. 'So. 185.] Legation of the United States, Santiago, July 30, 1891. (Eeceived October 3.) Sir : I have the honor to acknowledge receipt of your dispatch No. 106 of 28th May, with inclosed copy of a letter from Mr. D. H. B. Davis, of Lima, Peru, in which that gentleman states that it is rumored and that the rumor comes from " high and respectable authority (English)" ■that I have advised the Government of ChUe to grant letter&of marque to privateers as a war measure. In reply I beg to ^ay that I feel obliged to Mr. Davis for affording me this opportunity to give an un- qualified contradiction to the statement. Not only have I not given the advice which this " high and respectable " English authority attributes to me but I have never given to'the Government of GhUe any advice or suggestion as to the conduct of the war. Throughout this unhappy conflict I have endeavored to maintain, as I am bound under my in- structions to do, cordial relations with the Government to which I am accredited; at the same time I have the assurance that I have retained the friendship and coniidence of all of the leaders of the opposition. As an evidence of this I may i>oint to the part which I was enabled to take in the negotiations for the re-establishment of peace, inaugurated in the beginning of May, and to the fact that the conferences then held of the delegates of the revolutionary party were, with the fall knowl- edge and consent of the Government, held in this legation. Since the commencement of the revolution I have been requested on various occasions by the opposition to exercise good oflces in their behalf, in favor of the liberation of prisoners, the mitigation of punish- -ment, the preservation of convent schools and clerical colleges from military occupation, and other similar matters, in all of which cases every intimation that I made to the Government was most cordially received and in almost all cases promptly acted upon. Mr, J. W. Merriam, (Jnited States consul in Iquique, writing me under date of 15th July in reference to some severe and entirely unmerited strictures which were published in the Naoional, an important revolutionary organ in Iquique, in reference to me, says: "Yesterday I had an interview with Mr, Irrarrazaval, the minister of the interior, and in the dourse of DIPLOMATIC COKRESPONDENCE. 61 the conversation I alluded to the editorial of the JSFacional, a,nd he, with entire frankness, assured me that the Junta de G-obierno regretted that the Wacional had so expressed its opinions, and that he and tjie other members of the cabinet had no complaint to make as to your position and {)rocedures in this civil conflict; which, properly interpreted, means that you have maintained your position as a neutral." In the present terribly excited condition of public feeing here, when every act and word are closely criticised and often distorted, it is ex- tremely difficult to avoid being misrepresented, but so far I can con- gratulate myself upon having been able to keep this legation clear of all entanglements. I have, etc. Patrick Egan. Mr. Egan to Mr. Blaine. No. 188] Legation of the United States, Santiago, August 3, 1891. (Eeceived October 3.) SiE : I have the honor to inclose translation, cut from Chilean Times, of an article which appeared on Slstultimo, in La Naoion, of Santiago, the official organ of the Government, in referenpe to the extraordiaary conduct of some, of the commanders and officers of the British war ships on tMs coast during the present conflict. The feeling on the sub- ject in G-overnment circles is intense. They charge, that aU of the rev- olutionary correspondence I between North and South is carried by the English vessels of war and that the commanders and officers of those ships, as well as the English element generally in this country, have done everything in their power against, the Government and in favor of the revolution, in entire disregard of their duty as neutrals. It is positively asserted by the Government that the commander of H. B. M's shi^ Melpomene recently brought to Iquique news that there had been a desperate revolt among the Government troops in Ooquimbo, resulting in a flght in which there were a large number killed and woimded. Upon heariiig this news, which was absolutely unfounded, the revolutionary leaders in Iquique immediately dispatched to Oaldera an expedition of about 2,000 men to take adva^ntage of the supposed demorahz^tiou of the Government forces. > The Government has also received information that the commander of H. M. ship JEspiegie made about a month ago, overtures to, or at least talked with, Commandante Moraga, the commander of the Gov- ernment naval squadron, in a manner calculated to induce him to be- tray the Government and hand over the torpedo catchers Lynch and Condel and the fast transport Imperial to the revolutionists. The Gov- ernment has, I believe, made very strong private representations to the British minister on these subjects. I have, etc., Patrick Egan. [Inolosure.— ,Trans!ation from La Naeion, of Santiago, JTuly 31, 1891.] BRITISH OFFICERS CENSURED BY "LA NACION." In yesterday's edition of the Naoion there appears am article, of which we give below a translation, with the following sensational headlines: "Some vessels .of the British squadron commit reprehensible acts and unworthy of a serious nation. 62 RELATIONS WITH CHILE. It was the commander of the Melpomene who carried to Iquique the false news of the mutiny of the Coquimho division. How the connnander of the Garnet last night lighted up all the north coast of Coquimho with the electric light, firing guns, as if it were an enemy's vessel that was running along the coast. "The conduct of some of the commanders of Her Britannic Majesty's ves«els of war is highly reprehensible. They frequently carry false news north, and they also bring them south. It was the commander and the officers of the Melpomene who carried to Iquique the news that the Coquimho Division had revolted and that many men were killed and wounded. This was the reason of the rebels undertaking an expedition to Atacama, and this was the cause of the underground revolutionists in Santiago believing in the destruction of the Coquimho Division and in the occupa- tion of th^t province by the rebel forces. These jokes with the revolutionists are not proper in serious officers, nor in gentlemen. The night before last the corvette Garnet, also British, left Coquimho and ran along the coast northwards, making in- cessant use of her electric light and firing guns for several hours at midnight. Ttese gnu exercises on a littoral where there exists a Chilian army, and at midnight, reveal in the officers of that vessel a forgetfulness of British austerity and the differ- ence that exists between English sailors of another age and the playful and sky larky ones of to-day. It is to be hoped that the British minister will recommend the Brit- ish sailors to observe greater seriousness in future, and not to expend their powder at night, because happily nobody nowadays 'believes in ghosts, nor do they require to make those exercises to prove their skill and military discipline." Mr. Egan to Mr. Blaine. No. 189.] Legation of the United States, Santiago, August 5, 1891. (Eeceived September 26.) Sir : I beg to say that all of the telegrams which have reached me recently by way of Europe and the transandine route have arrived in such an unintelligible condition that I have been obliged to^have them repeated, in some cases two and three times. The Central and South American Company wiU be found much more expeditions cheaper and more correct. I have, etc., Pateiok Egan. Mr. Egan to Mr. Blaine. No. 191.] Legation of the United States, Santiago, August 8, 1891. (Eeceived October 3.) Sir : In the month of May an incident occurred in the town of Con- cepcion of a nature that might have caused unpleasantness, which I am glad to be able to say I have, arranged satisfactorily: On the 15th of that month the intendenteof -the province, together with a number of military officers, was in the dining room of the intendencia, after a ban- quet, when suddenly the electric light by which the room was lit went out, while the lights in other parts of the city, and even of the intendencia, continued to bum. It is claimed, too, that this was the third or fourth time upon which a similar occurrence took place. By order of the in- tendente, given without any investigation, all of the persons connected with the electric-light plant were arrested and conducted to the police barracks, among them Mr. Herbert 0. Stevenson, one of the proprie- tors, a citizen of the United States. Mr. Stevenson was placed in irons; that is to say, he had griUos or shackles welded onto his legs. After an hour or an hour and a half detention in this way, the intendente came to the prison to investigate the case, and upon ascertaining Mr. Stevenson's nationality he had the grilles removed and put him at liberty. DIPLOMATIC CORRESPONDENCE. 63 As this partictdar intendente, Senor Salvador Sanfuentes, has not ouly made very strong threats against some of the foreigners, but has on morethanone occasion acted with ceiisur^ible precipitation towardsthem, I considered I would be actirfg in the interest of our citizens residing in that province, and would probably prevent like occurrences in the fu- ture, by bringing this case promptly before the notice of the ChUean •Government, without waiting for special instructions on the matter from the Department. I accordingly did so, and have obtained from the Government a letter expressing regret at what has occurred, of which I beg to inclose copy and a translation of same. I also obtained from Mr. Stevenson a money payment of 2,000 pesos ($2,000), with which he is entirely satisfied. Hoping my action in this matter will meet with your approval, I have, etc., Patrick Bgan. Unclosure in No. 191 — Translation.] Senor Zanartv, to Mr. Mgan. \ Republic of Chile, Ministry op Foreign Rblations, - Santiago, 7th August, 1891. Sir: I refer to your note of 29tli of May, ultimo, -wMp]! was duly received in tins minjsterio, and to the conferences' -which -were held in regard to th'e matter, and make it my duty to express to you that the Government regrets the circumstances which occurred in Concepcion during the month of May last in reference to the United -States citizen Herbert C. Stevenson; although, on the other hand, same, might be ex- plained by the recurrence of incidents in'^the electric light establishment of Mr. Stevenson which might be considered culpable, and which were calculated to disturb tranquillity at a time wheU the authorities were devoting all their care to the main- tenance of public order. At the same time, it being- the desire of my Goveriment that foreigners should not experience any trou]t)le without previous and complete investigation, I hasten to beg that you will consider what has occurred in Concepcion as an -excess of zeal on the part of inferior agents; which iti all cases, but particularly in that which is the sub- ject of your communication, the Government will hasten to repriinand. Renewing to your e;x(iellency the assurauce of my high consideration, M. A. ZaSartu. Mr.Bgan to Mr. Blaine. ISo. 192.] Legation op the United States, Santiago, August 19, 1891. (Eeceived November 13.) Sib : During all of this month active prepalrations appear to be in progress in the north for an expedition southward, probably in the di- Tcction of Ooquimbo or Valparaiso, and with the liberal supply of im- proved arms which the revolutionary forces have received from Ger- many in the early part of last month, they will be able to make a formidable movement. In anticipation of the arrival of their friends from the north, the rev- -oiutionary element throughout the south are much excited, and various .attempts have been made during the past week to blow up bridges and tunnels and, to cut the railroad lines to prevent the concentration of "troops by the Government. Yesterday a number of young men.tjf the best famihes in Chile went •out to a chacra, or farm, some nine mUes from the city, to form a band of anonteneros or guerrillas. During the night they were surprised by 64 RELATIONS WITH CHILE. Government forces and thirteen or fifteen of them were shot and eight taken prisoners. These latter, many of them boys of fifteen to twenty years of age, were this morning shot in cold blood and under circum- stances of great barbarity. Several othe^r summary executions are re- ported from other parts of the country, and appearances indicate the near approach of a desperate struggle. I have, etc., Patrick Egaw. Mr. Egan to Mr. Blaine 'Eo. 193.] LEaATIOW OF THE UNITED STATES, Santiago, Av^ust 20, 1891. (Eeceived November 13,) Sir : For some tinie two of the most important members of the oppo- sition party, Don Agustin Edwards and Don Eduardo Matte, have been in this legation, because, from threats made against them by supporters of the Government, and even iu the ofllcial newspapers, they and I had reason to fear that their lives were in danger. Mr. Edwards with his family left some days ago for Callao, under safe conduct specially granted to him by President Balmaceda, but Mr. Matte is still here. On yesterday the minister of foreign relations, Mr. Zanartu, called unofllciaUy upon Mr. TJriburu, dean of the diplomatic body, and stated to him that tha President was much annoyed about the fact that some members of the opposition were in the legations. He made the threat that if they did not leave immediately the Government would be obliged to search the legations, and he particularly referred to this one. On learning from Mr. Uriburu the fall-particulars of this conversation I called at the ministerio and met the sub-secrttary, who was ia charge. In the course of an informal conversation 1 referred to the visit of the miaister of foreign relations to Mr. TJriburu, and I stated to him that if the Government desired to raise the question of asylum I would be prepared to discuss it on the proper basis and in the most friendly spirit; but that, with regard to the threat to search the legation, it should be distinctly understood that this legation could onlybe searched by force, and that I would myself shoot the first man that should attempt to en- ter the legation for that purpose. To-day I received from the President direct an assurance that there- is no intention to search any of the legations, and above all that of the United States. > I have, etc.. Patrick E&an. Mr. Ugan to Mr. Blaine. No. 194.] Legation op the United States, SoMtiago, August 24, 1891. (Eeceived November 13.) Sir: On the morning of the 20th instant the opposition forces from the north effected a landing at the port of Quinteros and three other points a short distance north of Valparaiso, with a force of about 10,000 men of all arms, under the command of Col. Canto. The Gov- ernment rapidly pushed down all the forces they coidd spare' from here to reenforce the Valparaiso division under Gen. Alcerr6ca, and he, with about 9,000 men, encountered the opposition army at Concon, on the DIPLOMATIC COERESPONDENCE. 6*5 Aeoiacagua Eiver, near Vina del Mar, on the mormng of the 21st instant, when a desperate battle^ ensued, resulting in the complete rout of the Government forces with a loss of. some 4,000 in killed and wounded, while the losses of the opposition are said to be under 2,000 men. All mail and telegraphic communication between Valparaiso and here , is stopped, but when, on 22d instant, the news of the defeat of the Gov- ernment forces began to reach here there was the wildest excitement, and it was expected that on that night the victorious trojops from the north would arrive. At about 2 o'clock on that day President Ealma- ceda left the city for Quilpue, where a portion of his fdrces had taken up a position, and for a time the authorities here seemed to bn pai^a- lyzed. It seemed as if there was considerable danger of a sack of the city either from the army of the north, which was supposed to be ap- proaching, or from the city mobs, which might at any time break loose. . In this emergency, after consultation with soiije leadicg citizens — Don Anibal Zanartu, Don Jos6 Tocornal, Don Jos6 Buuster, and Don Felice Blanco, and also with the members of the revolutiouary com- mittee, I waited upon Gen. Baquedano, accon^panied by the foi;ir gen- tlemen named, and suggested, as a means of averting the impending bloodshed and sack, that, in the event of the complete, defeat of the Government and with th« consent of the authorized representatives of the Government, he should take the command of the forces now in the city, about 2,000 men, and with them preserve the peace of the city until the possession could be duly transferred to the victors. In this way the capture of the city at the point of the bayonet cpuld be avoided and the consequent demoralization and rapine, both before and after the capture. Gen. Baquedano at once accepted the idea. I then communicated my views to Don Manuel Aristides , Zanartu, the minis- ter in charge of the Moneda in the absence of the President, and he, too, accepted the idea in the event of the entire defeat of the Govern- ment. Since then the situation seems to hstve improved somewhat for the Government. Their forces have taken up a strong position at Vina del Mar and are being rapidly reenforced by the troops from ConcepcioB and other points of the south, but .they are greatly demoralizjed after the last defeat, and even the most sanguine of the Government sup- porters have now but little hope of victory. Many persons, both Government Supporters and oppositionists, have, come into this legation for asylum, fearing .an outbreak of the city mobs, and among those who have asked for, but not yet availed of, its asylum are the wife and children of the President. President Balmaceda is now with the army and it seems almost cer- tain that another and a terrible battle may take place at any moment. I have, etc., ^ Patrick EaAN. Mr. JEgan to Mr. Blaine. [Telegram.l Legation op the United States, ^ Santiago, August 37., 1891. Mr. Egan telegraphs that the revolutionists were victorious in a tierce battle near Valparaiso last Friday and that a decisive erigagement was expected on the day of the sending of his telegram. He states that there is no communication between Valparaiso and Santiago and says it is 66 RELATIONS WITH CHILE. very important that he be informed by telegraph of any early reliable news which the Department might receive. Thinks it may be possible to stop further bloodshed. Mr. McCreery to Mr. Blaine. [Telegram.] Consulate op the United States. Valparaiso, August 28, 1891, Battle fought near city this morning ; Government forces badly beaten and demoralized; heavy losses both sides; city surrendered to opposi- tion, but in hands of admirals American, Grei-man, French, and English fleets for good order; no communication with Santiago; opposition forces now entering city. Mr. Wharton to Mr. Mgan. [Telegram.] / Department op State, Washington, D. C, August 29, 1891. Mr. Wharton informs Mr. Egan that he has received from the consul at Yalparaiso a telegraphic communication dated the 28th instant re- porting that both sides lost heavily in the battle fought on that morn- ing near Valparaiso and that the Groyernment forces appear to be de- moralized; the commanders of the foreign fleets have assumed control to prevent disorders, but the city has surrendered to the opposition, whose forces are now entering it; and that communication with Santi- ago is cut cff. He instructs him to report through Buenos Ayres. Mr. McOreery to Mr. Blaine. [Telegram.] Consulate op the United States, Valparaiso, August 30, 1891. Balmaceda has turned over Government to Baquedano and fled. Canto goes Santiago to-night to assume control until arrival of Junta from Iquique. Good order here. Prominent members opposition anx- iously awaiting recognition United States. Mr. Egan to Mr. Blaine. No. 195.] Legation op the United States, Santiago, August 31, 1891. (Eeceived November 13.) Sir: In the conviction that the cause of the Government was lost, and to prevent, if possible, more bloodshed, I conferred with the min- ister plenipotentiary jOf France as to the possibility of prevailing upon , . DIPLOMATIC COERESPONDENCE. 67 President Balmaceda to make terms with the opposition leaders on the basis of his immediate resignation. The French minister had a confer- ence with the President on the matter on the morning of the 26th, when President Balmaceda seemed to receive the suggestion very favorably, and promised to communicate his decision between 3 and 4 o'clock ot that day, but as he did not do so we were obliged to abandon theattempt. On the 27th instant, fearing a battle that day, I forwarded a telegram requesting the earliest possible information^ as I had hopes that it might be possible to prevent a final struggle here, it being understood that with the troops in Santiago the President would, in case of defeat at Vina del Mar, make his last stand. On the 28th was fought at Placillas, near Valparaiso and Vina del Mar, another sanguinarj^ battle, in which the Government forces, amount- ing to about 9,000 men,' were again completely routed, with the loss of about 2j000 in killed and wounded; the two general^ in command, Alcerr^ca and Barbosa, and their staffs, and many of the principal officers killed, while the losses of the opposition forces did not exceed 600 in killed and wounded. The defeat of the Government forces in this flght, as well as at Concon, was caused—. First, by superior generalship on the side of the opposition forces ; Second, by the superiority of the new Mannlicher rifle, with which the opposition troops were armed; and Third, by defection and treason on the part of several of the officers of the Government troops. The true result 6f the battle only became known outside of the Presi- dent and some two others, at close to midnight on the 28thj and then the, excitement was intense. I immediately went to the Moneda at midnight, saw Senor Manuel A. Zanartu, minister of foreign relations, and from him received the confirmation of the news and the assurance that the arrangement referred to in my dispatch Hfo. 194, to hand the charge of the city over to Gen. Baquedano, would be carried out, and that President Balmaceda was at that moment vrriting his decree to that effect, and his resignation. At about 3 o'clock on same nigl^t the wife of the President, his three daughters and two sons, came to this legation for asylum, and are still here, but will leave to-night. All that night and next day numbers of prominent Government sup- porters, including ministers of state, senators, deputies, ju'dges, and others, sought asylum with their families in this and other legations; and I have now in my house about eighty refagees. The only legation which closed its doors and denied asylum was that of England, which refased to admit a single person. The Spanish legation has about the same number of persons that are here, and the French, tlie German, the, Argentine, and the Brazilian legations have each more or less people. In the morning of 29th, at 8 o'clock, was publicly read the resignation of President Balmaceda and the temporary transfer of authority to Gen. Baquedano, copy of which I inclos^ (Inclosure 1), alnd the general at that hour took charge of the Moneda. I inclose copy of his official announcement of the temporary transfer of authority to him (Inclosure 2) and copy of my reply thereto (Inclosure 3). As soon as the news got out through the city the military and police became greatly demoralized; the latter, about 1,000 men, dissolved and absolutely disappeared with their horses- and arms, and most of the military officers abandoned their posts, leaving their men without direc- tion. By 10 o'clock in the morning, mobs began to collect, and very soon 68 RELATIONS WITH CHILE. began tlie most desperate attacks on the houses and property of all the prominent supporters of the late Government. This sack was not a spontaneous outburst, but the result of a carefaUy organized plan, car- ried out under regular gangs, commanded by recognized leaders, each gang having a regular list of houses to be sacked. It was originated by the more extreme sections of the revolutionary element, but I am quite sure without the knowledge of the responsible leaders of the movement. The sacking continued nearly ^11 the day. The palatial residences of Don Claudio Vicuna/ who had been President-elect; of Don Adolfo Eastman, president of the Senate ; Don Juan E, MacKenna, vice-president of the Senate; pf Don Eulogio Allendes, president of the House of Deputies; of the mother of Presidfent Balmaceda; of Gen. Gana, commander-in-chief of the army ; of Don Adolfo IbaQez, Euperto Ovalle, Alfredo Ovalle, GuUlermo MacKenna, and the houses of numer- ous others, in all numbering about two hundred and fifty, were com- pletely gutted, all the furniture and valuables destroyed or carried away, and in most cases even the doors and windows of the houses car- ried off. The loss inflicted by this wanton destruction can not be less than some five niillions of dollars, and the lives of the proprietors would also have paid the sacrifice had they not sought asylum in the lega- tions and other places of safety. . Towards evening Gen. Baquedano, with the aid of the members of the revolutionary committee here, was able to reorganize the troops and put a stop to any more destruction. Yesterday, Sunday, every- thing was quiet, and now all danger of further disorder appears to have passed over. Having so many prominent refugees, and especially the family of the ex-President, I considered it prudent to ask for special protection, and I have now a guard of ten soldiers at the legation suppUed to me by the authorities. I have etc., Pateick Bgas. [Xnolosure in No. 195 — Eesignation of President Balmaceda and proclamation of Gen. Baquedano.— Translation,] I SaktiagOj August ^9, 1891. Grbgorio Cerda y Ossa, Intendente of the Province: Whereas his excellency the President of the Republic has decreed the foilowing : Considering that in resisting the armed revolution initiated by the squadron the 7th of last January, I have fulfilled the elemental duty of maintaining the principle of authority without ■which no government is possible; That my -patriotism and duties as a Chilean place bounds upon my efforts, since it 18 not the part of an honest ruler to prolong a struggle which has no reasonable pros- pect of success ; ^ That the fortune of arms not having been favorable to the cause which I sustain in the last battle of Valparaiso, I have resolved to terminate a contest so iniurious to the credit of the Republic and to the general welfare ; V^3^ ?!?• Manuel Baquedano be placed at the head of the Provisional Government, and that therefore all chiefs, ofaoials, and soldiers, intendentes, sovernors, and other functionaries yield him respect and obedience. Let the same be published and communicated by telegraph. Balmaceda. Manuel A. ZaSartu. Given in my oflSce this 29th day of August, 1891. Cerda t Ossa. Miguel Arturo ZaSabtu. '■ ■ . - ' t DIPLOMATIC pOERESPONDENCE. , 69 ■ SAtiTiAGO, August Z9, 1891. I accept provisionally the charge conferred, Tipon me for the preservation of puhlic order. ■ Let this acceptance he puhlished hjr proclamation in the capitals of all the provinces and departments, and in the Diarip Ofleial. I Manuel Baquedano. PROCLAMATION. Santiago, Auguat S9, 1891. The Provisional Government organized to represent the sacred right of the nation hopes that the people 'of Santiago will preserve all the forms of the most profound' respect for puhlic order. , , The enemies of yesterday must have to-day fr&m every good Chilean greater consid- eration than ever. i A regular and final government will shortly be constituted. It is in moments like these, so solemn for the Republic, that men who have fought in defense of liberty should preserve the greatest respect ^or the constituted authori- ties and for the law. , Be assured that full justice will be done to all. i Manuel Baqubdano. . ALVAKO COVAlfKUBIAS. [InoloBure 2 in No. 195.— Translation.] Gen. Baquedano to Mr. Egan. Santiago, Angnut S9, 1891. . Sir : I have the honor to inform your excellency that early in the forenoon of to-day the President of the Eepublic has resigned his office and confided to me the oommand of the forces of this capital. , ' I have accepted the charge in compliance with my duties as citizen and soldier with the resolution to assist all within my power to respect the law of persons and prpp- erty, being confident also that the inhabitants of Santiago, in whose name I have the temporary authority to act, will contribute with all their zeal and patriotism to surmount this most trying situation seated by the sudden fall of the existing power. Therefore, your excellency may invite your countrymen to return to their ordinary duties with the confidence that they, will have in connection witli the sympathy of the inhabitants of the capital, the special protection of the Provisional Government, and that in the painful conflict sutfered by the lEepublic which to-day is happily ■terminated, the friendly relations of Chile with the power your excellency so worth- ily represents in Santiago have not been disturbed. ' Would your excellency be pleased to receive and also transmit to your Governipeiit, this official communication of the events which have taken place and of the tempo- rary power invested in me, the assurance that the interests of foreigners will not suffer thereby, and that the reestablishment of the constitutional and regular regi- men will strengthen the guaranties conferred by the laws of the Eepublic in equal form to natives and foreigners. With this motive, I congratulate myself in expressing to your excellency ^he senti- ments, etc. , ■ I Manubl Baquedano. Alvaro Cov^rkubias. [Inolosnre 3 in ^To. 195.] Mr. Egan to Gen. Baquedano.^ Legation of the 'UNiTiiD States, Santiago, August 31, 1891. Sir : I have the honor to acknowledge the receipt of your attentive note dated i29th instant, informing me that the President of thevEepubfio had on that morning ■resigned- his position, and that he had conferred upon you the command of the forces in this capital, which charge you had accepted with the intention of aiding iwith your best efforts to maintain repect for the law, for persons, anfl for property ; 70 RELATIONS WITH CHILE. and further expressing the assurance that I could invite my fellow citizens to return to their ordinary occupations in the confidence that, together with the sympathy of the people of the capital, they Tvould soon have the special protection of the pro- visional government; and that in the sad conflict, now happily terminated, the good relations of Chile with the power I represent have not heen disturbed, v JJIJfig In compliance with the request conveyed in your note I shall immediately com- municate to my Government those important events. Assuring you of the most cordial sympathy and aid of my fellow-citizens in Santi- ago in the patriotic task which you have so nobly undertaken, and begging you to accept the expression of my distinguished consideration, I have, etc., etc. Patrick Egax. Mr. Wharton to Mr. Egan. [Telegram.] Department op State, Washington^ tivpttmher 1, 1891. Mr. WHarton instructs Mr. Egan to send at once by cable a fall state- ment of the condition of affairs now existing. Mr. Egan to Mr. Blaine. [Telegram.] LEGfATION OF THE UNITED STATES, Santiago, September 1, 1891. Mr. Egan telegraphs that the revolutionists were entirely success- ful in a decisive battle fought at Valparaiso on the 28th of August ; that Balmaceda resigned the next day, and that the revolutionists were now fillly installed. He asks whether he can recognize the new govern- ment, and states that everything is tranquil. ' 2fr. Wharton to Mr. Egan. [Tclrgram-l Department op State, Washington. Svptinnher 4, 1891. Mr. Wharton acknowledges receipt jof ^Ir. ICjiau's telegram of the 1st instant, announcing the installation of the congressional party and the resignation of Balmaceda, and instructs Mr. Egan to recognize the Government and open communication with its head, if one has been formed by the congressional party which is accepted by the people. Mr. Wharton to Mr. Egan. [Telegram.] Department op State, Washington, Septemher 7, 1891. DIPLOMATIC CORRESPONDENCE 71 Mr. Egan to Mr. Wharton. [Telegram.] ■ LEaATION 01? THE UNITED STATES, Santiago, September 7, 1891. Mr. Egan states that he is in cordial communication with the Provi- sional Government, established on the 4th instant, with Jorge Montt as President, and that the Government is universally accepted by the people. Mr. Egan to Mr. Blaine. ISo. 197] LEaATION op the United States, Santiago, September 7, 1891. (Eeceived November 13,) Sir: On 1st instant, as soon after the fall of the Government of President Balmaceda as the telegraphs began to operate, I forwarded telegram, con,veying information of the situation. I received on 3d instant the telegram dispatched by you on the 29th instant. After the battle of Placillas, referred to in my last dispatch, such members of the Junta de Gobierno as had accompanied the expedition from the north, together with the leaders of the army and about 5,000 of the northern troops, came to Santiago. On 4th instant the Provisional Government forwarded to this legation by note from Don Isidore Errazuriz, secretary of foreign relations, a communication informing me of its constitution and location in the cap- ital of the Republic, of which I inclose translation, marked No. 1. On the 5th instant I received your telegram of the 4th, instructing me that if a government had been formed by the congressional party ^hich was accepted by the people to recognize it and open Communi- cation with its head. Such a government having been formed, and it being undoubtedly accepted by the majority of the people, I lost no time in addressing to Senor Errazuriz, in reply to his communication, a letter of recogni- tion, of which I beg to send copy, marked No. 2, and to-day I have for- warded telegram informing you of this fact. My relations with all of the members of the new Government are entirely cordial. I have, etc., ' Patrick Egan. [Inclosnre 1 in Ho. 197— Translation.] Seuor Errazuriz to Mr. Egan. Ministry or Foreign Affairs, , Santiago, September 4, 1891. Sir: I liave the honor to iuform your excellency that, the entire country heing now under control of the legal authority, Ihe honorable Government Assembly, over which presides the Hon. Jorge Montt have now fixed their residence in the capital of the Republic. Therefore this departinent takes pleasure in informing your excellency that the Provisional Government will continue^to be presided over by captain of the na- tional navy, Hon. Jorge Moutt; vice-president of the Senate, Hon. Waldo Silva; and president of the House of Representatives, Hon. Ramon Barros Luco ; and the honorable gentlemen Manuel J. Irarrazabal, Joaquin Walker Martinez, Col. Adolfo HoUeywill discharge the duties of secretaries of the departments of the interior and public works, iinanoe, war, and marine, respectively; the undersigned being in 72 ' EELATIONS WITH CHILE. charge of the departments of foreign affairs, worship, justice, and public instruc- tion. In informing your excellency of the reestahlishment of the legal po-wers of the Republic, I h ave the honor to manifest to yon in the name of the honorable Assembly that it will be their constant aim to cultivate with you the frankest rjBlations that the Chilean nation is called upon to maintain towards the Government of the United States of America, assuring your excellency for my part it wiU be an honor to faith- fully interpret the sincere wishes and good feeling of the Provisional Government of the Republic toward the worthy Government which your excellency represents. With sentiments of deepest consideration, I have the honor to subscribe myself, Your obedient servant, , „ ISIDORO ERRAZURIZ. [InoloBiire 2 in No. 197.] Mr. Egan to Senor Errazwriz. . , Lbgation of the United States, Santiago, September 5, 1891. Sir : I have the honor to acknowledge the receipt of the attentive note of your ex- cellency of yesterday's date, informing me that the entire country being now under the legal regimen of the Exma. Junta de Gobiemo, under the presidency of Hon. Jorge Montt, has fixed its residence in the capital of the Republic ; that in consequence I the Provisional Government of the country will continue to be presided over by a Junta de Gobierno composed of captain of the national marine, Hon. Jorge Montt; the vice-president of the Senate, Hon. Waldo Silva, the president of the Chamber of Deputies, Hon. Ramon Barros Luco ; of Hon. Manuel J. Irarrazabal, Hon. Joaquin Walker Martinez, and Colonel Adolfo HoUey, who discharge the duties of secretaries of the departments of interior and public works, treasury, and war and marine, re- spectively; and of your excellency in charge of the departments of foreign relations and public worship, and justice and public instruction. In conveying to the honorable- Junta of the Provisional Government the cordial recognition of the Government of the United States, which I am duly authorized to do, I beg to convey to your excellency my sincere congratulations upon the reestah- lishment of the internal peace of the country, and to ardently reciprocate the de- sire which TOUT excellency expresses for the maintenance of the kindliest relations between our respective nations. To me it will be always most grateful to aid in every way to cultivate those kindly feelings and to use my best endeavors to draw more closely together in the bonds of mutual respect and friendship the sifter Republics of Chile and the United States. Availing of this occasion to convey the assurance of my distinguished considera- tion, I have, etc., Pateick Egax. Mr. Egan to Mr. Blaine. No. 198.] Legation of the LTnited States, Santiago, September 7, 1891. (Eeceived November 13.) Sir : After the battle of Placillas a number of the Government sup- porters, including Don Claudio Vicuna, Don Domingo Godoy, Don Julio Banados Espifiosa, Admiral Viel, and a number of others,' iu order to save their lives, which certainly would have been sacrificed, took ref- uge on board the German and United States ships of war. The French ships, on account of lying far out in the bay did not receive anv, and the English ships refused to take on board some of the refugees who went alongside. There has been much agitation on the part of the new authorities respecting those refugees, and I have been approached, in- formally, to find whether those on the Baltimore and San Frandsao would be delivered up to the authorities, on guaranties being given that their lives would be secure, to which I replied, also informally, that the Government of the United States has never consented, and can not consent, to surrender from on board one of its ships a refugee charged only with a political offense. The German minister. Baron DIPLOMATIC CORRESPONDENCE. 73 von Gutsclinlid, on the other hand, intimated his willingness to consent to the surrender of those on board the G-erman ships, getting guaran- ties for the safety of their lives ; but the German admiral has refused, on any condition, to surrender them, and I learn that the German Gov- ernment has fully approved his action, in the matter. The Baltimore sailed on the 4th instant for MoUendo in Peru to land there all of those who took refuge on her and on the San Francisco, and the German ad- miral will send all of those on board of his ships tp the same port. From Don Domingo Godoy and Don Julio Banados Bspinosa, both ex-ministers of state, who went away on the Baltimore, I have received letters requesting me on behalf of all of the refugees on board to con- vey to the Government of the United States, to Eear -Admiral Brown, and to the officers of the San ~ Francisco and Baltimore their eternal gratitude for the uoble, generous, and fraternal hospitality extended to them diiring their stay on board of those ships. Don Julio Banados Espinosa writes : The life wMch I preserve for my children and for my conntry'I owe to the chiefs of the North American squadron. ' Through you, as representative of that Republic, the most free, the most humanitarian, the greatest on earth, I give tha.nk8 from the bottom of my grateful heart. During life I shall hear testimony that I owe my salvation to the Navy of the United States, a navy which reflects in its brilliant sword the glories of heroism and the virtue of generosity which characterize valor and nobility. I have, etc., Patrick Eg-an. , Mr. Fgan to Mr. Blaine. lyTo. 199.] Legation of the United States, Santiago, September 10, 1891. (Eeceived ]Srovembe.r 13.) Sir : Since the access to power of the new government there has been considerable discussion as to whether it should recognize liability for the three issues of paper money made by the late government, amount- ing in all to about twenty millions of pesos, the first twelve millions of which was issued at the special solicitation of the leading lianks of the country. Finally, it has been decided by the Provisional Government to recog- nize those issues, and this wise step will do much to restore commercial stability and public confidence. I have, etc., Patrio;s; Egan. Mr. Fgan to Mr. Blaine. No. 201.J Legation oe the United States, Santiago, September 16, 1891. (Eeceived November 13.) Sir: I have the honor to report that to-day I received a note from the Provisional Government informing me that Senor Don Agustin Edwards had been appointed and had entered upon the duties of minis- ter of industry and public works, and Don Manuel A. Matta of minis- ter of foreign relations, public worship, and colonization. I have, etc., ' Patrick Egan, 74 RELATIONS WITH CHILE. Mr. jEgan to Mr. Blaine. No. 202.] Legation of the United States, Santiago, September 16, 1891. (Received November 13.) Sir: I have thp honor to state that a decree has been issued by the provisional government ordering an election of members of the Senate and House of Deputies and of Presidential electors, to take place on the 18th October next, and it has fixed the 26th of December next as the date of inauguration of the President who shall be elected. Fp to the present there is absolutely no certainty as to who will be chosen for the Presidency, but from the most reliable information I can gather I am led to believe that the conservative or clerical party, although now feeling quite confident of a majority in the Chamber of Deputies, wiU not be able to elect more than about thirty out of ninety-four members, and that in the Senate of forty-one members they will not have over six adherents. I have, etc., ' Patrick Bgan. Mr. Egan to Mr. Blaine. No. 203.] , Legation of the United States, Santiago, Sefptember 17, 1891. (Received November 13.) • Sir : Since the unfortunate incident of the Itata the young and un- thinking element of those who were then in opposition to the Govern- ment have had a bitter feeling against the United States, and the Eng- lish, element,' as has always been their custom in this country, do aU in their power, from motives of self-interest, to promote and foster this feeling. The more reasonable men of the party in power, on the other hand, admit that a mistake was made on the part of some of those who, on their behalf, were responsible for that transaction, and that the United Statps. could not consistently have taken any other course than the one she adopted. Mr. Isidoro Brrazuriz, when acting as minister of foreign relations, two weeks ago, so stated to me mthout reservation. The hostile element, however, has let no opportunity pass of misrep- resenting and vilifying everything pertaining to tlie United States. In a series of articles recently published by Seiior Don Ismael Vald^s Vergara, who aeted as secretary of the army of the north, and which will in the future be accepted as a reliable histcny of the struggle, he states that on the day of the landing of the northern army at Quinte- ros, the 20th of August, the San Francisco went to that bay and from there carried back most important information to the Government au-' thorities at Valparaiso. Rear- Admiral Brown addressed to me a letter, of which I inclose copy in print (Inclosure No. 1), conveying his distinct denial of the odious charges. In order to counteract the slanders I gave Admiral Brown's letter to the press, and I considered it my duty to bring the matter to the notice of the minister of foreign relations, which I did in a letter, copy of which I inclose, marked No. 2. I considered it weU to take this step in order to put properly on record the denial of Admiral Brown. I have, etc., Patrick Egan. BIPLOMATIC ('OERESPONDENCE. 75 [Inolosure No. 1 in No. 203.] Bear- Admiral Brown to Mr. Egan. OPFICIAL DENIAL OP A GRAVE RUMOR. Referring to tlio uafounded rumors which gained currency in regard to the visit of the United States eruiaer San Franoiaoo to Quinteros on the 20th ultimo, Admiral Brown, of the United States Navy, has addressed the following letter to the United States minister ini Santiago, Mr. Patrick Egan : •■ • U. S. Flagship San Francisco, .• Valparaiso, CMle, September 8, 1891. My dear Mr. Egan:' I am in receipt of your note of yesterday in regard to the slanderous articles which have appeared in several of the newspapers relative to my goiui>- in this ship to the vicinity of Quinteros on the afternoon of the 20th ultimo. I have to say that under ordinary circumstances I would consider it beneath my dig- ' nity as an officer of the United States Navy to notice, even in this unofScial way, such charj^es as are made. However, I will give you in a brief way a circumstantial statement of the events of that day. As was my usual custom, I went on shore iu citizen's dress for a walk at about 9 :30 a. fn., and meeting a Government offtcer who spoke English I asked him if there was any news. He replied at once, "Yes, the opposition have made a landing at Quinteros." In order to verify this statement or disprove it, I went at once to the offtce of Ad- miral Viel, and he gave the particulars of the landing. He said that at early day- light the report reached him, by telephone from the Valparaiso light-house, that i, large number of ships were entering Quinteros hay, and at 7 a. m. he received a tele- 'gram from Quinteros reporting that the opposition were there and were making a landing. This telegram gave the names of the men-of-war and stated that there were five transports and three or four small steamers in the expedition. This was not held as a secret, for every one on the streets of Valparaiso knew of it as soon as I. Admiral Viel told me that the advance of the opposition would be contested by a large force of the government ttoops and that the battle would be fought near Quin- teros. I came afloat and informed the Gerhian Admiral, Valois, and the senior British ofiScer, Captain St. Clair, of my intention of going to Quinteros, and at . the same time I would take an ofacer from theif ships if they-desired to send one. I reached Quinteros Bay at about 2.30 p. m., and seeing no evidences of a battle came hack to this port, where we anchored at about 5 p.m. I sent an officer on shore with a cablegram which he had to take to the intendencia to be approved. My message to the Secretary of the Navy was in code, so no one knew of its pur- port. The officer who went on shore told me that every one knew that the opposi- tion had reached the Aconcagua River. In fact, he obtained more information than I had. All I knew was that a landing had been made and- that no fighting had taken place within sight of the ships. No information was given by me of what I had observed, and the crew of the boat which went on shore were cautioned not to answer any questions. On the afternoon of the 29th ultimo, I called, in imiform, oh Admiral Montt and Colonel Holley and renewed an aoquaiutance with them which , had been made at Iquique. I was cordially received by both of the gentleman. At that time I explained to Sefior Montt all the facts connected with my visit to Quin- teros. I heard that it was said that a Chilean official went with me to Quinteros.. To this I say officially that no one except the German officer, other than those belong- ing to my ship, were on board at that time. Yours, very truly, Gborge Brown, Rear-Admiral, U. S. Navy. [Inolosure No. 2 in No. 203.] Mr. ^gan to Sefior Matta. Legation of the United States, • SANtiAGO, September 17, 1891. Sir : In view of the scandalous charges that have been publicly directed against Eear-Admiral Brown, of the United States Navy, over the signature of Senor don Ismael Valdfe Vergara, in a series of articles entitled ",Eelaci(5n snmaria de la ultima campana del Ej^roito Constitucional, escrito por un testigo i actor," to the effect that Admiral Brown, on the date pf the landing of the aripy of the north at Quinteros, 76 RELATIONS WITH CHILE. thfe 20th August, went to that port iu the United States cruiser San Franeisoo for the purpose of making observations, or, in other words, spying, in order to communicate information to the Governijient authorities in Valparaiso, I beg to inclose for the information of your excellency three copies in print of the translation of a letter addressed to me by Rear- Admiral Brown, in which he states exactly what he did on that day and conveys his denial of the odious charges made against him. In addition to Admiral Brown's statement, I may say that I am in possession of evidence that the infbrmation which Senor Vald^s Vergara charges the San Frandaco ■]«fith conveying to the Valparaiso authorities at 5 o clock on the evening of 20th August w^s actually in their ppssession in the early morning, and was by them transmitted to Concepoidn, in the south, and Coquimbo, in the north, before 10 o'clock a m. o£ the same day. * It is to be regretted that charges of this nature, calculated to weaken tte cordial feelings of friendship which should unite our peoples, should be so recklessly made, and I feel it a duty to the honor of the United States Navy and to the dignity of our flag to place on record, through the medium of your excellency's ministry, this clear and distinct denial of Admiral Brown. With the assurance of my distinguished consideration and esteem, I havfe the honor to remain. Your excellency's obedient servant, Patrick Egait. Mr. Egan to Mr. Blaine. [Telegram.] Le&ation of the United States Santiago, September 21, 1891. Ex-President Balmaceda committed suicide in Argentine legation ^ere 19t]i. Everything tranquil. Egan. Mr. Egan to Mr. Wharton. ^o. 204.] Legation op the United States, Santiago, September 21, 1891. (Received November 13.) Sir : As stated in my telegram of this date, Ex-President Balmaceda, ■who had taken refage on the night of August 28 in the Argentine lega- tion, Committed suicide there on the morning of 19th instant under very :sad circumstances. / I send inclosed a printed translation of a letter which he left for Senor Uriburu, the Argentine minister, in which he fully explained his rea- sons for the terrible dee^ which he was about to commit. I have, etc., Patrick Egan. [Incloaure in No. 204 Translation.] Ex-President Balmaceda's last letter. „ ^ ^ J „ Santiago, Septmiher 19, 1S91. Sr. Don 3os& db Uriburu. My Beloved Friend : In reference to the matter which we recently discussed, I liave decided to put an end to the tragical situation in which I find myself placed. I do not feel qualified in further prolonging my stay in the generous asylum you iave afforded me, which act on your part I recommend to my friends as the greatest .service I have received during the whole of my life. The bitter enmity of my adversaries, should they discover my place of retreat, is capable of being carried to such extremes that, to avoid it, I have determined to impose upon myself the greatest sacrifice of which a man of honor is capable. DIPLOMATIC CORRESPONDENCE. 77 I must beg you to undei^tand that I have thrown aside all idea of attempting a vulvar escape, for the dual reason that, in my estimation, such conduct would be undignified in a man who has ruled the destinies of Chile and that it would imply some justification of the victorious revolution. For these reasons, I should have spontaneously decided to place myself at the dis- position of the Governmental Junta, intrusting myself to the protection of the con- stitution and the law. But the chiefs and ofacers of the army, the senators and deputies, the municipaj! and judicial authorities, and all the public ofScials are accused and prosecuted, im- prisoned, or fugitives, and unhappy I alone am left to submit our cause to a court- composed of special judges, who are partisans of the revolution, to answer with our persons and belongings for all the actions of the Government, i have lost all hope- that a Government that is arbitrary in form will work with justice. Considering the spirit and tendency of the revolutionary government, I feel unable to prolong my stay in the refuge for which I am indebted to you, the which debt I can never repay. God grant that my sacrifice may relieve my friends from the persecutions which have caused me such deep pain and sorrow. The mantle of pity has been thrown over the man whose fate it has been to fall into misfprtunes. May blessings attend you and your saintly wife, and I hope that my children wUl ever add their blessings to mine. Entreat Arrieta and those of my family circle tp see the worts of mercy are car^ ried out without ceremony or useless display. , I pray that you, your wife, and my sons may ever enjoy every happiness. Yoilrs, , J. M. BaimaCbda. P. S. — I count in any case on your discharging the trust committed to your care last night, which concerns the persons of whom you are aware. Farewell. The authenticity of this letter is attested by the following gentlemen : ,Jos6 E. Uriburu, J. Arrieta, Baron Gutschmidt, Enrique de Barros Cavalcanti de la Cerda, Jos6 M. Barcelo, Carlos Lira, Melchor Concha y Toro, J. Joachin Aguiire, C. Walker Martinez. Mr. Egan to Mr. Blaine. [Telegram.] Legation of, the UnItbi) States, Santiago, September 24, 1891. (Eeceived September 25.) Mr. Egan states that all ofacials of the late Govermnent (including the ministers, senators, members of Congress, and judges) would be pros- ecuted criminally. This had Iseen resolved by the Government. Seven ministers and twelve other refugees are in the legation. Intimation has been given Mr. Egan that he was expected to terminate the asylum and send the refugees out to be prosecuted. To do so would be to sacrifice their lives, and Mr, Egan has taken stand that he wlU permit them to go out of legation only under proper safe conduct to neutral territory. On account of Itata and other qtiestions bitter feeling is .being fomented by Government supporters against Americans. Secret police surround the legation, with orders to arrest strangers visiting it. Two of Mr. Egan's servants had been arrested and were now in prison. Against this disrespect to the legation»Mr. Egan addressed a firm protest to the minister for foreign affairs. Mr. JEJgan to Mr. ■ Blaine. . [Telegram.] Legation, op the TJnited States, Santiago, September 25, 1891. (Eeceived September 26.) Mr. Egan states that no reply had yet been received to his protest. During the last two-days twenty persons, some of whom were Amen- cans, had been arrested for entering the legation, and others had been 78 RELATIONS WITH CHILE. prevented from entering by warning of the police. All this is intended to force Mm to drive out refugees which, he states, he will not do with- out instructions. He has addressed a second note to the minister for foreign affairs requesting fan explanation of] such very extraordinary, unjustifiable, and offensive conduct, which is strongly condemned by a large majority of the serious public men. Mr. Wharton to Mr. Egan. [Telegram.] Department of State, Washington, September 26, 1891. Mr. Wharton instructs Mr. Egan, by direction of the President, to insist firmly that the respect and inviolability due to the minister of the IJnited States and to the legation buildings, including free access, shall be given and observed, fully and promptly, by the Chilean authorities. The Government of the United States is prepared to consider in a friendly spirit the question as to whether asylum has under the circumstances been properly given to the persons now at the legation when the facts are more fully before it; but it can not allow to pass without a firm protest the evidence of disrespect towards its minister which Mr. Egan reported. It is expected that this protest wiQ be followed by prompt action on the part of the authorities of Chile. The Department expects to be fully advised of the progress of events. Mr. Wharton to Mr. Egan. [Telegram.] Department op State, Washington, September 26, 1891. Mr. Egan is instructed to-report to the Department the names of the refugees in his legation, and the ofilces they have filled ; the crimes they are accused of and whether process from any regular tribunal has issued against them. He is also directed to report the conduct of the ministers of other countries, whether persons have taken refuge in their legations, and, if so, the action^of the Chilean Government respecting them ; and to promptly and UnSxf inform the Department of all facts. Mr. Egan to Mr. Blaine. [TMegram.] Legation op the United States, Santiago, September 27, 1891. (Eeceived September 28.) Mr. Egan acknowledges the receipt of two telegrams from the Depart- ment, and states that since yesterday no more arrests have been made, but the espionage by the police was still kept up. In the matter of DIPLOMATIC CORRESPONDENCE. ' 79 asylum, Mr. Egan says he has acted strictly in the spirit of the Depart- ' ment's instructions in the Barrunclia affair. Three notes have been received from the minister for foreign affairs, in which he charges that the refugees had abused the right of asylum, and for this reason defends' action towards legation. Mr. Egan h&s informed minister that the charge is absolutely and entirely unfounded, and has asked for safe conduct for refugees. Similar requests had been made by him two weeks previous informally, but orders were given that all persons leaving the legation should be arrested, and many persons were thus obliged to procure passports to visit the- legation. The names of the refugees and the offenses charged (none of them being charged with conmion crimes), are as follows : Gana, responsibility as the commander-in-chief of the army and as minister and senator; Ibanez, Mackeuna, Oruzat, Yaldezcarrera Mackenna, as ministers and senators; Eicardo Vicuna and Ovalle, senators; Cotapos, member of Congress; Camus and Pintoagiiero, of&cers of the army; two sons of Cotapos and Pintoagiiero, no oflce. Spanish minister has asked for safe conduct for live persons in his lega- tion. Safe conduct was immediately granted to two officers of the army who entered English legation. Eefiigees are also in German and other legations. Process commenced after asylum was granted, and minister of foreign affairs fiilly recognized the correctness of Mr. Egan's action. The rights and dignity of the legation, Mr. Egan says, he shall firmly maintain. Mr. Ugan to Mr. Blaine. [Telegram.] Lbg-ation op the United States, Santiago, September 38, 1891. (Received September 29.) Mr. Egan states that he has not yet received a reply to his note of the preceding Saturday denying charge of conspiring^ made against the refligees, and requesting safe conduct, and that there were no new de- velopments. Mr. Ega/n to Mr. Blaine. ISo. 205.J Lbg-ation 'of the United States, ' Santiago, September 29, 1891. (Eeceived November 13.) Sir: As stated in my dispatch 'So. 195, of 3]«t of August, when it became known that the forces of President Balihaceda had been routed at PlaciUas, and his government overthrown, a^ of the prominent sup- porters of his administration, including ministers of state, senators, deputies, judges, army oflcers, and others, were QbMged, in order to save their lives from the fury and vengeance of the successful party, to seek asylum in the legations and other places of safety. Of about eighty who then sought shelter in this legation nineteen remained until last week, which number has since been reduced to fifteen. ^ As soon as the provisional government was organized I made over- tures, informally, through Don Eduardo Matte, a very prominent leader of the liberal party; and through Don Agustin Edwards, min- ister of industry and public works in the present cabinet, both of 80 RELATIONS WITH CHILE. whom had themselves been refugees ia this legation during the last ad- ministration, to obtain safe-conducts for all of the persons to leave the country. After some negotiations I learned that on account of the political situation and the bitter personal hatred against many of those- in the legation, as also on account of the determined opposition of one or two members of the Junta de Gobierno, it would not at present be possible to secure passports, but 1 was assured that after a very short time the m^itter could be arranged in a Mendly manner. In this way matters stood up to the 22d Instant, when the intendente or governor of the province called upon me and in a personal and friendly way told me that there was some excitement m Government circles in regard to the refugees in my legation, as it was said they were en- gaged in sbme kmd of conspiracy against the present Government, which report he said he did not believe for a moment; in fact that he had laughed at it, but jthat, as a matter of precaution, I ought to inti- mate to the persons in the legation not to permit so many visitors to call upon them. This I assured him I would do, and I did immediately do so, and from thence onward the refugees took occasion to request the members of their families and some immediate friends who had been calling upon them, to discontinue their visits. Fext day, however, I found th.at the legation was surrounded by police agents; all persons who attempted to come in or go out were ar- rested and conducted to the intendencia, or to the police headquarters, at San Pablo, and two of my men servants, having in their possession cards certifying that they were servants of ' the legation, were arrested and detained in prison. I went in person to the minister of foreign relations and, in the absence of the minister, complained to the sub- secretary, who promised to bring the matter to the attention of the min- ister at the earliest moment possible. / As the arrests continued during the day I addressed a note to the minister of which I inclose copy, marked No. 1, protesting firmly against the continuance of this condition of things and expressing the confi- dence that the honorable minister would at oi;ice make the necessary order for its discontinuance. This note^was delivered at the ministerio early on the morning of the 24th instant, ifotwithstanding this the same course was pursued during the day. l^then dispatched a telegram giving the Department information on the situation. Still believing that this course of action might be the result of excess of zeal on the part of some minor offlcial, I, on the morning of the 2oth instant, conferred with some close friends of the Junta de Gobierno, who said they would at once make strong representations to the Gov- ernment and have this condition of things discontinued. StUl the arrests went on throughout the day without any discrimination, and the police agents even went so far as to warn persons outside of the lega- tion that if they entered they would be arrested on going out. At 5 o'clock in the evening, not having yet reqeived any reply to my note delivered on the morning, before, I addressed a second note to the min- ister of foreign relations, as per copy marked No. 2, giving a list of some twenty pfersons arrested during the two days, including one Amer- ican citizen and two ladies, solely because they had gone out from the legation, requesting that this course be discontinued, and stating that I was awaiting instructions from my Government. On the same evening I sent to you a second telegram. On the morning of the 26th instant I addressed a third note to the minister, conveying, without comment, a complaint in writing from Mr. W. E. Kaycraft, a United States citizen, that he had on the previous , DIPLOMATIC CORRESPONDENCE. . 8l [day been arrested and taken to the police headquarters, solely because he called at the legation for his correspondence. I Inclose copy, of this note with copy of Mr. Eaycraft/s letter attached, marked No, 3. Erom the morning of 26th instant, owing no doubt to the receipt of my communication of 25th instant, the arrests have been discontinued; and there is now no inconvenience inflicted on the legation beyond the fact that the house is still watched by the police agents. In the course of the day of 26th instant I received from the minister three notes, of which I inclose translations marked 4, 5, and 6. In all of those notes the minister of foreign relations maintaias the right of the local authorities, supported by the national authority, to continue to act in the same manner in which they had been acting, and he attempts to justify tlie course adopted by charging tliat the refugees had abused the right of asylum by conspiring, or appearing to conspire, against the present order of things, and by having made the legation a focus for. such conspiracy; and in regard to the arrest of the United States citizen, Mr., Eaycraft, he says he "did not consider this fact deserving of comment or discussion, and that it was only a, necessary consequence of the anomaly of the presence and of the notorious con- duct of those who were abusing the diplomatic asylum." I may here state that these charges, or rather si4spicions, of con- spiracy against the refugees are not only unfounded, but in view of the total defeat of the , army of President' Balmaoeda, the demoralization -and dispersion of his follqwing, military aiid civil, and the suicide of the ex-President himself, they might well be considered ridiculous. I fuUy replied to those communications in two notes of same date, copies of which I inclose, marked 7 and 8, in which I denied that there .could be any grounds for the charge or suspicion of conspiracy, giving my reasons for such denial, and soliciting fpr all of the refugees safe- conducts to leave the country, which request I had ah-eady made in- formally. I also protested against the continuance of a course of action ' that would make the house of thi§ legation appear as in a state of siege, or that would inflict petty annoyances from day to day upon the visitors or upon those' to whom it had, as the minister was good enough to ad- mit, legitimately extended asylum. , V On the next day, the 27th, I had the honor to receive your telegram, conveying, in the name of the President, instructions which I am grati- fied to observe correspond with the course I had followed. I also re- ceived a second telegram, askihg for the names of the refugees in the legation, together with particulars of the crimes with which they are charged, the offices they held, and other information, to which I replied same day by telegram, giving the list, from which I find I omitted the name of Senor Casanova, eif subsecretary of marine. ' As stated in my telegram of 24th instant, the Provisional Government has determined to prosecute criminally all «f the ministers, senators, deputies, judges, municipal authorities, and other civil officers, and all of the army officers of the late Government from the grade of captain upward, on the ground that since Ist January last they had been act- ing in violation of the constitution of the countrv. Under this decision, if fully carried out, although I do not believe it can or will be, there would be nearly ten thousand prosecutions, and already there are a large number in prison on such charges in various parts of the country. The persons in this legation would fall under these prosecutions, and at least one of them," Gen. Gana, because, as command6r-in-chief of the army, he approved the sentence of death on four young men who de- 6 52 RELATIONS WITH CHILE. «erted from Valparaiso, taking witli them a Government torpedo launch ; upon two sergeants charged with treason, and upon a gentleman of ^ood position in Valparaiso, charged with having made arrangements to blow up with dynamite some of the ships of the Government, would almost certainly be condemned to death and shot. Owjng to the state of public excitement the lives of some of the others would also be in danger. IiSbrmal intimations were conveyed to me that in order to avoid com- plications and personal unpopularity knd inconvenience, I ought to take some steps to procure that the refugees should leave the legation and seek concealment in other places, but I have taken the position that they entered into the legation legitimately, as has been admitted by the minister of foreign rdations, and that whatever may be the inconvenience to me personally I will not, either directly or indirectly, adopt towards them any course not in accordance with the principles of hospitality and humanity which should characterize a legation of the United States. 'the course pursued during the three days named, 23d, 24th, and 25th instants, was dictated, not perhaps by the members of the Government but by some minor officials, with the expectation, as I am convinced, that a state of things would be created around the legation so intoler- able that it would either force me to send out the refugees, or force them, out of consideration for the legation and for me personally, to leave of their own accord. In the first days after the fall of the Government, the Spanish lega- tion had about the sanie number of refngees that were in this legation — about eighty — of which only five still remain. During the 23d, 24th, and 25th .instants some arrests were made of persons who had come out of the Spanish legation, but as a new Spanish minister had only just arrived in the country and had not yet been * officially received, no steps were taken to protest against this action. The Argentine legation had received ex-President Balmaceda as a refdgee, and after his suicide, reported in a previous despatch, the press bore willing testimony to the humane conduct of the Argentine minis- ter for having granted the asylum. The Brazilian legation had several reftigees, some of whom were lib- erated under bonds, and the others, for whom the Government refased safe-conduct, sought concealment elsewhere, as did also some refugees • who were in the French legation. The German minister has one reftigee only. General Velazquez, ex-minister of war, who, encouraged by the German minister, proposes to deliver liimself to the authorities as soon as he recovers from the effects of an accident from which he is suffering. Thc'English legation refused to take any refugees, but one or two army officers who escaped from a neighboring house that was being searched did get in there across the roof, and for those the Government did not hesitate to grant safe-conducts. I am now awaiting reply from the minister of foreign relations to my notes of the 26th instant. I have, etc., Patrick Egan. DIPLOMATIC CORRESPONDENCE. 83 [Enclosure 1 in Ifo. 205]. Mr. Ecjan to Senor Matta. Legation of the United States, Santiago, September S3, 1891. Sir : It is my duty to say to your excelleuoy that a course of action is being pur- sued towards this legation which is not acceptable, and I feel bound to convev to your excellency's Government my protest against its continuance. The legation is constantly surrounded by secret police, without any iustifiabla reason whatever. Persons are arrested and sent to prison solely because they are seen entering and.leaving the legation, and some of my employes and servants are now in prison. Hliia I feel sure that I have but to bring to the knowledge of your excellency those pro- ceedings, which are certainly not in accordance with the respect which this legation has a right to expect, and that your excellency will give the necessary order for its immediate discontinuance. With sentiments, etc., Patrick Egan. [Inclosnre 2 in No. 205.J Mr. Egan to Senor Matta. Legation op the United States, ' Santiago, September S5, 1891. Sir : Yesterday morning I had the honor to bring to the knowledge of your excel- lency the proceedings that are being adopted towards the persons visiting at this legation, and towards my servants and others in my employment, and I at same time expressed the confidence that your -excellency would give immediate orders for the discontinuance of such oflfensive measures. As I have not up to the present received from your excellency any reply to my note, relating to a course of action so extraordinary and incredible that I do not know of any similar instance hawng pocurred in any other part of the world towards the legation of a friendly power, and as many of the persons arrested are BtiU in prison and my household deprived of the necessary servants, I feel it my duty to again call the attention of your excellency to the grave situation which has been created, and to request that it may be discontinued. I append, for the infor- mation of your excellency, a list of some of those who-have, during the past two days, been taken to prison solely for having been seen entering this legation, and in this moment (4 o'clock) a French clergyman. Rev. Alengry Denis, has been for- mally warned by three police agents, stationed on the street near my house, not to enter the legation under penalty of arrest. I beg to state to your excellency that I have fully informed my Government of these facts, and that I shall proceed in accordance with such instructions as it may communicate to me in the premises. With the assurances, etc., Patrick Egan. List referred to in preceding letter of persons arrested during the past two days solely for having entered this legation : Senor Luis Urzna, Senor Santiago Toro Herrera, Senor Eleodoro Valdez Carrera, Dr. Ramon Perez Font, Sefior Ramon Aliago Olivares, Mr. Julian O'S. Madan (United States citizen), Senor Jos^ Francisco Mojina, Senor Luis Benzi, Sefior Hamilton Viokers, Seflor Clemeato Conales, Sefior Alejandro Murello, Sefior Hum- berto Fernandez G., Senor Francisco Toro G. (mayordomo), two servants of the le- fation, a telephone operator who visited legation to repair telephone instrument, efior Irene de Terrette (who was liberated by the Italian minister), Sefiora Lnisa Herrera de Valdivieso and other ladies were threatened with imprisonment if they should enter the legation. Sefiora Dofia Francisco Toro ,G. was also brought to prison. 84 RELATIONS WITH CHILE. [Inolosure 3 in No. 205.] Mr. Egom to Senor Matta. Legation op the United States, Santiago, September 26; 1891. Sir: Miave the honor to refer to my note of yesterday's date addressed to jonr excellency, and now beg to inclose copy of a letter which I have just received trom a citizen of the United, States, Mr. W. E. Raycraft, giving partionlars of the man- ner in which he was treated by the police, when on yesterday he attempted to enter this legation to inquire for his correspondence. With sentiments, etc, „ ,, ' ' Patrick Egan. [Attachment to Inolosure 3 in Ho. 205.] Mr. Raycraft to Mr. Egan. Santiago, September H5, 1891. Esteemed Sir: The object of this letter is to inform you of what occurred to me immediately after leaving the legation this morning, where I had called to see if any correspondence had arrived for me from the north. On nearing the first street corner I was approached by two persons which I soon comprehended were no less than Government secret police ; they requested me to ac- company them to the Qnartel de San Pablo police headquarters. ' I asked them for what reasons and they informed me that the^ had orders to apprehend all per- , sons visiting the American legation. After receiving this information I decided it would be better to go with them without making any resistance, thinking that would be the better and quicker way to fijid out for what reason they had arrested me, and my anxiety to return to my hpuse vith medicines for my child, which has been seriously ill for the last few dajrs, urged me as well to lose no time in discover- ing for what reasons I had been deprived of my liberty; also feeling confident there could be no grounds for detaining me under any charge whatever, I quietly submit- ted to accompany them. On our way to the quartel one of the detectives asked me if I knew any of Bahna- ceda's family or any of his officers, lily reply was that I did not. After arriving at the quartel I was conducted into a waiting room where I re- mained about thirty minutes, and then was requested to pass into an adjoining room where I was questioned by a person dreSsed in citizen's clothes. He first asked me what my business was at the American legation. My reply was that I went to get my mail. Then he asked me whaii my business or profession was? I answered that I was a railroad contractor. The third and last question was, where I lived, and I also gave him my address ; after this I was told that I was at liberty to retire. I communicate to you, Mr. Egan, the above facts in order that you may demand an explanation from the Chilean Government for this most singular and outrageous treatment to peaceful American citizens. I remain, honorable sir, etc., ^y. E. Eaycrakt. [Infflosure 4 in No. 205. — Translation.] Senor M/itta to Mr. Egan. No. 304] Ministry of Foreign Affaiks, Santiago, September S6, 1891. Sir: This department is in receipt of your excellency s official communication of the 23d instant, in which complaint is made of certa^u acts of the police, referring to persons leaving or entering the United States Legation, acts which have been carried so far as to arrest these persons — your exc^eucy protesting against the con- tinuation of such action. Up to the moment in which I received the communication of your excellency, no notices have been received here that any of the employes and servants of the legation have been arrested, or are retained in prison, notwithstanding that this department has been informed of measures that have been taken with the object to prevent the refugees in said legation abusing the legitimate protection given them, by convert- ing their asylum into a center for concentration and dissension which perhaps DIPLOMATIC CORRESPONDENCE. 85 ^^^11^^^^^}^^"^ K^°^ ^^'^^ °^' °^ intriguing against the actual state of affalig established by public opuuon, armed, triumphant, and victorious, after prolonged efforts and sacrifices. ' ^ ' The asylum that emanates from the principles ot extraterritoriaUty inherent to the person, the residence, and the vehicles of his excellency the minister does not extend, neitner can extend, to the streets, where to enter in or come out of the legation, persons ^ass who may carryand deliver, according to data appearing trustworthy, letters, signs, words, or by other means, between some of the refugees anxious to conspire and persons that may help them. , This department must believe that your excellency is not aware of this nor sus- pects It occurs, and for this reason your excellency has been much surprised at the action ot the police agents, who Accomplish not only legitimate, irreproachable acts, but perhaps some that protect our lawful rights and those of the citizens, contrib- uting to elucidate certain events taking place, and unknown by your legation, and of which perhaps its illustrious and intelligent chief may not be aware. It is not to be supposed, neither is there any fear, that those who did not know how to conquer when having authority, money, and forces, will be able to do so to- day, nor can they from their asylum here or elsewhere effect anything serious agjtinst the order and actual state of affairs; but some of them, and especially many of their agents, boast of having means and resources, being protected by the extraterritorial privileges of the legation, loudly proclaim, in order to bring upon themselves atten- tion at the expense and credit of the legation, and to the advantage of the refugees, believing in this manner they are already constituted into formidable chiefs of party. _ It would offend the discretion and delicacy of the envoy extraordinary and min- ister plenipotentiary of the United States to suppose these acts are known to him, because knowing them as they constitute a violation on the part of the refugees of the rules and exigencies most elemental of asylum, he would have admonished and protested to them, and not against the authorities who comply with their duties of office. He would have protested against those who do not comply nor make comply their dependents nor their relatives with their duties of honor, compromising ^he person that protects them in moments of danger. _ For having had to make inquiries and receive information from the local authori- ties and their agents, I have delayed in answering this, whose contents and object does not prevent the undersigned to express towards Mr. Egan good feelings, per- sonal and official, considerations most characteristic. ' Your obedient servant, • M. A. Matta. I [Inclosure 5 in Wo. 205.i-Traiislatlon-] Senor Matta to Mr. Egan. MiNisTKY OF Foreign Affaiks, Samtiago, Chile, September 26, 1891. Sir: I have just received to-day 9:30 a. m. the official communication of your ex- cellency of the 25th instant, in which, repeating the observations and protests against the arrests and threats to arrest persons entering the legation or those coming out of it, your excellency makes new remarks and observations that I shall have to take into consideration in this noi^e, which will complete the one I sent before this. The answer of this department was delayed twenty-four hours, necessary time to receive trustworthy information, and during this time the undersigned returned the ceremonial visit to the envoy extraordinary and minister plenipotentiary, and under stood that on the following day, Friday, the 25th instant, would, in his oflce, treat the pending subject with all the requisite data. This not having taken place, it appears there has been a delay in replying, which is explained by the above, without further remarks. Relating to the "extraordinary and incredible" events taking place at the lega- tion, the envoy extraordinary will permit me to excuse discussing the point, be- cause everything done and everything that Will be done by the police agents not only- exercise the attributes incumbent upon the local authorities, which are better informed and better posted of whiit takes place inside the legation and its vicinity than appears to be the envoy extraordinary and minister plenipotentiary. According to the reports of the intendente of Santiago there were no arrests nor threats to arrest any person whatsoever that is not under the immediate jurisdiction of our laws and authorities, and did not give reasons to suspect that they were agents or emissaries of some one of the refugees in the legation, having obtained proofs and seen acts that ratified them, not here neoessary| for the undersigned to enumerate, for it would be too long and troublesome, and not necessary to prove 86 RELATIONS WITH CHILE, that which he repeats, that the authorities comply with their official duties which cannot be prescribed, and that the refugees do not comply with their duties of honor. Possessing the willingness and means to impede and chastise aU illicit attempts made by the refugees, the local authorities, supported by the nation, will continue in the road they have chosen, respecting all the legal rights of the persons and residence of the envoy extraordinary and minister plenipotentiary, but pre- venting, frustrating, or chastising agents and agencies that have nothing to do what- ever with the legation, but for the abuse they have committed or may commit of the asylum granted them. Concerning the list 'of the persons arrested in the last days, I should say to his ex- cellency, the minister, that it proves that the local authority have indications and motives that, whenever the occasion arrives to demonstrate the presumed facts of the abuses of the asylum in the legation, could be, by due means and form, placed at the knowledge of your exceUenoy and that of your Government. " In reference to the communication of his excellency, envoy extraordinary and minister plenipotentiary to his Government npon these subjects and the proceedings that may follow, and the new instructions and orders they may give him, those are not matters to give grounds whatsoever for discussion with the undersized, who believes and hopes, that knowing the facts, such as they are, they will be judged in the same light and by the same criterion that he himself judges them. Assuring respect to the privilege of the legations does not diminish, neither can diminish the attributes and rights of the local and national authorities. Repeating expressions of my personal and official considerations, etc. M. A. Matta. [Inclosure 6 in 3^0. 205 Translation.] ' Senor Matta to Mr. Egan. Ministry of Foreign Affairs, Santiago, Septeniber SG, 1891. SiK : Having received in this department a new communication from your excel- lency with inclosed «xpo8ition of Mr. W. E. Eaycraft, citizen of North America, sent to that legation, concerning the arrest and examination of which he was the object after leaving the legation on the morning of the 25th instant. The undersigned does not consider this act, placed at the knowledge of yoiir ex- cellency and of this department, merits comments nor discussion, because it is the expression and consequences of the vehement suspicion, authorized by more than one case, that the refugees in the hospitable and privileged house of your excellency have abused, or do aH possible to make it appear that they abuse, the afiylnm, proba- bly without the knowledge of your excellency, and certainly without respect to the considerations that they owe to your excellency. This act, as well as others similar to it, are not imputations or reproach upon the local authority that operates within its sphere, but are the forced consequences of the anomaly of the presence and notorious conduct of those that abuse the diplomatic asylum. ^ This is all in this third note of to-day, which I have the honor to express to your excellency, after acknowledging its receipt, repeating my distinguished personal and official considerations. ^ Your obedient servant, M. A. Matta. [Incloaure 7 in No. 205.] Mr. E(/aii to .Senor Media. Legation of the United States, Santiago, September S6, 1891. Sir: I have the honor to acknowledge receipt of the two notes of your excellency of this date, replying to mine of 23d and 2.5th inst., in which I related to your excel- lency the course pursued towards the persons visiting this legation and towards my servants. Your exceUenoy, after having made the necessary investigation, considers that notwithstanding the respect and consideration due to this legation, the Government of your excellency has the right to use in the public street, and outside the limits of the legation, towards all those who may visit the lcf;atlon, all the measures which DIPLOMATIC CORRESPONDENCE. 87 it esteems necessary to prevent attempts at a conspiracy of wMob the Government of maW °tC belief ^'w^r *° \f'^% *^T ^«* F»^^bility; at the same ttae inti- knowlldge. attempts at conspiracy must be entirely beyond my viv ?,^^ilM*^?w ?T «f «f If'K'y for this recognition, because it would indeed be I!Xr r^i^^''* ^ ^^°H^ tolerate for one moment in this legation any proceedings ' contrary to the spint of strict neutrality which, as representative of the United , otates, It IS my duty to observe. I thank your excellency, also, for the recognition which your excellency concedes to this legation of a principle which forms an integral part of the international prac- tice of nay country : to grant asylum to refugees of a political tsharacter who seek in her legations or m her ships of war the protection which civilization and humanity But your excellency will permit me to suggest that as a result of the great agita- tion naturally arising out of the contest which has just terminate thire must be some error m believing that there could have been in this legation anv attempt at conspiracy. = j i- As a close observer of what transpires in my house, I am able to assure your ex- cellency that the only thought of the persons in this legation, from the first moment ot their entrance, has been to leave the country at the earliest moment possible, un- der the guarantees and safe-conducts necessarv for that purpose : and as a matter of fact, and as an undeniable proof of this, before formulating the ofScial solicita- tion which this legation considers it is bound to make in favor of the refugees, now practically in the territory of the United States, they themselves, and I on their be- half, mjide unofacially, over two weeks ago, a request for a safe-conduct for the same purpose. This must, without doubt, show to your excellency that there did not and does not exist in the minds of those in this legation any intention to disturb the present order of things, and that if occurrences have taken place to alarm the attention of your excellency's Government they may have had their origin in other causes upon which it is not the province of this legation to enter. Now that a fitting opportunity presents itself, and in a propitious manner, I trust your excellency will permit me \to solicit the respective safe-conducts for all of the refugees in this legation who desire to go out to a foreign country, and to express the hope that this solicitation may encounter from the Government of your excel- lency the same benevolent acceptance which was accorded in the past months, while the struggle was still undecided, to those on behalf of other refugees in this and other legations. At the same time, and with reference to my notes of 23d and 25th instants, I trust your excellency will not hesitate in making the necessary order that the visitors at this legation and the personnel of its employes and servants, may find undisturbed access to it, and that it may be able to feel itself secure from all unjustifiable vexa- tions. ' \ Assuring your excellency of my most distinguished consideration, etc., Patrick Egaj^^. [Inolosure 8 in No. 205.] • Mrj,Egan to Seiior A. Malta. ' Legation of the United States, Santiago, Septembei- S6, 1891. Sir : I have received the note of your excellency of this date, No. 307, in reply to mine of this morning in which I indicated to your excellency the arbitrary arrest of the United States citizen Mr. W. E. Eayoraft. • Your excellency has been good enough to inform me that you " did not consider this fact deserving of comment or discussion, and that it was only a necessary con- sequence of the anomaly of the presence and of the notorious conduct of those who w^e abusing the diplomatic asylum." As I havd informed your excellency in my previous communication, and as is shown by the letter of Mr. Raycraffc therein inclosed, this gentleman came to the legation to inquire for his correspondence, and without any other circumstances or offense than that of having gone out from it, he was arrested by the police agents on the public street, conducted to the police station of San Pablo, and after various questions, which revealed no other intention than that of vexation because he had visited this legation,, he was dismissed. Similar occurrences happened to other United States citizens who had come to this legation-in reference to their proper business, as, for example, Mr. Julian 0. S. 88 RELATIONS WITH CHILE. Madan and Mr. Charles Hillman, who, on going out of the legation, were contocted to the intendencia by the poli oe agents as if they had committed some public ofiense. Other persons who had business to arrange with the legation, or personal visits to make to me, Don Jos^ Francisco Molina, Don Santiago Toro Herrera, Don Ernesto Hubner, and others found themselves obliged to have themselves accompanied by special police agents in order not to be arrested, or to procure special passports from the intendencia with the sole object of being able to come to the legation under their protection. I am in a position to inform your excellency that one of my sons read the order given to the police; which he obtained for the purpose from one of the agents, and its terms were to arrest any persons going out of the legation. The same thing wai? repeated by the police' agents to Mr. Eaycraffc and other gentlemen. In this way vexations are inflicted upon the legation of a foreign and friendly power in the persons of its visitors, native and foreign, apparently without consid- eration and certainly without any justifiable reasons whatsoever. Pending the receipt of instructions from my Government, I consider it my dnty to intimate to your excellency that the consideration due to this legation and the respect due to the coimtry which I represent can not be intrusted to the discretion of detectives of an inferior grade, nor can they depend upon the outcome of sus- picions and fears that I must consider unfounded and chimerical. As representative of the United States I can not allow, without serious protest, that the house of this legation should appear as in a state of siege, and that from day to day it shall be subjected to petty annoyance in order to inflict vexation upon those who come into or go out Ixom it, or upon those to whom it has, as your excel- lency admits, legitimatdy extended asylum. Not giving credit to nor considering of importance the capricious rumors that the legation could have been converted into a focus of conspiracy, I feel it my dnty to renew to your excellency the desire which I have already expressed, that the course of action of which I have complained may not be repeated. Begging your excellency to accept, etc^, Patrick EGAlf. Mr. Egan to Mr. Blaine. [Telegram.] I ' Legation of the United States, Santiago, September 30, 1891. (Eeceived October 1.) Mr. Egan states that in a note sent him the' minister for foreign af- fairs refases safe-conduct or permission to refagees to leave the country, and maintains the correctness of all that has been done by the author- ities. The minister for foreign affairs also repeats the unfounded and absurd charges of the refugees conspiring in the United States legation. Since Saturday the trouble to the legation had ceased, and no more ar- rests had befen made. Mr. Wharton to Mr. Egan. • [Telegram.] Depaktment of State, Washington, October 1, 1891. Mr. Egan is informed that the President desires to estaTsUsh and maintain the most friendly relations with Chile, but the right of asylum having been tacitly, if not expressly, allowed to other foreign legations, and having been exercised by our minister with the old Government in the interest and for the safety of the adherents of the party now in powers the President can not but regard the application of another rule, accompanied by acts of disrespect to our legation, as the manifestation of DIPLOMATIC COKRESPONDENCE. 89 a most unfriendly spirit. Mr. Egan is instructed to furnish a copy of this to the minister for foreign affairs and to take the utmost precaution to prevent any abuse of the privilege of asylum by those to whom he has extended it;' theij- intercourse with outside persons, whether by person or by letter, should be under his supervision and limited to the most necessary and innocent matters. The discussion and adjustment of the matter would ppbably be much facilitated were there an author- ized agent of Chile at Washington. Mr. Wharton to Mr. Ugcm. ^ [Telegram.] ■ / Department op State, ; ^ Washihgton, October 1, 1891. Mr. Egan is instructed to inform the Department, by cable, of the essential parts of notes from the foreign oflce, and to keep it fully ad- , vised as to the facts respecting his legation and those of other Govern- ments. He is to report fixUy by mail (sending copies of all correspond- ence) all instances of disrespect to the legations and aM incidents of arrests of Americans. Mr. Egan to Mf: Wharton. [Telegram.] ' Legation of the United States, Santiago, October 3, 1891. (Eeceived Optober S.) Mr. Egan states that he to-day read to the minister for foreign affairs the Department's telegram of October 1 ; that the minister replied that his Government fully recognized the views therein expressed, and as- sured Mr. Eg'an that there was no iatention of disrespect to the lega- tion. The minister claims the right to take measures outside the lega- tion to frustrate conspiracy, or attempts at conspiracy, on the part of the refagees, which he stiU charges is taking place. He stated that the order to arrest applied only to those against whom there might be legiti- mate grounds for suspicion,, and denied that there could have been any OTder to arrest all persons visiting legation. Thei statement of police officers must therefore have been based on misunderstanding. He will investigate this poiqt, and reply in answering Mr. Egan's note of the Ist of Qctober. All correspondence will be forwarded by first mail. Mr. Egan is certain tbere has not been and wUl hot be any abuse of asylum, and win carry out Department's instructions to prevent any. His de- sire is to obtain safe-conduct for refagees out of the country. 90 RELATIONS WITH CHILE. Mr. Wharton to Mr. Egan. [Telegram.] Department op State, Washington, October 6, 1891. Mr. Egan is instructed to furnish to the Department full details as to the number of refugees in "other legations now and since the overthrow of Balmaceda; the crimes of which the refugees are or were accused; whether any such refugees have been given safe-conducts, and the treat- ment by the Chilean authorities of the legations offering asylum. Mr. Egan to Mr. Blaine. . Xo. 208.] Lbg-ation of the United States, Santiago, October 6, 1891. (Re'ceived ]S"ovember 13.) SiE : I have the honor to refer to iriy dispatch of 29th September, ' Ko. 205, and now beg to inclose a translation, inclosure No. 1 of the reply, received 30th ultimo, of the minister of foreign relations to my note of the 26th ultimo, from which it will be seen that the minister still maintained the correctness of all that had been done by the local authorities, aad attempted to support the charge of conspiracy against the refugees by the citation of proofs which do not bear the test of ex- ainination. He also says that his Government has no obligation to grant, and is by no means willing to grant, safe conducts to enable the refugees to leave the country. I forwarded to you, same evening, a tele- gram giving the substance of this reply. On 1st instant I replied to same, exposing the fallacy of the supposed proofs of conspiracy, intimating the desire of my G-overnment that I should firmly insist that the respect and inviolability due to the accredited minister of the United States and to the legation buildings, iiicluding free ingress and egrtess, should be fully and promptly given aind observed, again recounting the manner in which the police had acted in arresting all-visitors at the legation, including three United States citizens and others who had come on business entirely uncon- nected with the refugees, and stating that such a course would not alone involve vexations to the legation, but it would make it impossible, if repeated, to maintain the friendly relations which my Government has always cordially desired to preserve with the Government and people of Chile, but which should be reciprocal. I farther renewed my protest against the course of action which the minister had sought to justify, and concluded by expressing my regret that he could not at present find reason for the concession of the safe . conducts as a proof of consideration ami amity towards a friendly Government. Please find copy of this note, Inclosure No. 2. I received on 2d instant your telegram of 1st, and on 3d instant your, other telegram. Same day I waited ia person upon the minister of foreign relations, and, as instructed, read to him your telegram conveying the expression ^ of the opinion of the President. As is shown by memorandum of interview which I forward herewith, Inclosure No. 3, the minister fully recognized that the asylum ha,d been legitimately extended, disclaimed on the part of the Government any intention to show disrespect to the legation of the United States, DIPLOMATIC CORRESPONDENCE. 91 declared that there must have been a misunderstanding with respect " to the order to arrest all visitors to the legation, which I had described as a virtual blockade, and he promised to fully investigate and reply to this point in his answer to my note of 1st iastant. Same evening I forwarded telegram conveying foregoing particulars. The Americans arrested were : Mr. Charles Hillman, a weU- known engineer, who on coming to visit the legation on 25th ultimo was con- ducted by police agents to the intendencia, a governor's ofiftce about half a mile away, where, after some questions and explanations, he was liberated; Mr. Julian O. S. Madan, commission merchant, conducted on two different occasions to the intendencia, and Mr. W. E. Kaycraft, railway contractor, who was conducted to the poMce headquarters of San Pablo, over a mile distant, and who, after a series of interroga- tions, as described in his letter attached tp Inclosure ;N^o. 3 ia my No. 205, was set at liberty. Among the other arrests were three persons, natives, who came on business connected with the legation, two doctors that came to attend one of the refugees who was ill, a telephone me- chanic who came to arrange tjhe telephone instrument, and four serv- ants of the legation. The last mentioned were retained for three and four days in prison, and the telephone mechanic for twenty-four hours. The Spanish minister, who is now ofl5cially received, has agreed to act entirely in harmony with me in relation to the refiigees in his lega- tion. The facts respecting other legations I have fully reported in my No. 205. As stated in my dispatch of 3d instant, there has been no incon- venience to the legation since the 26th ultimo. . I am awaiting the reply of the minister of foreign relations to my note of 1st instant. I have, etc., PATRIOk Egan. [Inclosure 1 in No. 208.— Translation.] Senor Malta to Mr. Egan. Ministry of Foreign Affairs,. Santiago, September 09, 1891. Sir: This depaxtmeut is in receipt of your excellency's two last oommunioations of the 26th instant, in which, treating of the measures which the lawful authorities, have helieved right, and which they should take-to guard and protect social interests and to mate respected all oflcial and lawful rights, your excellency says : • (1) That your excellency returns thanks for the acknowledgment that you are not aware of what is being done or what may he done in.violation of the asylum andthe- acceptance of this in all its meanings. , (2) That in proof of the fact that the refugees have not attempted nor will attempt anything against the actual state of affairs, they are willing to go out of the country providing ttiey can obtain a safe-conduct to do so. (3) That the disagreeable conduct of the police agents towards persons coming out of the legation constitutes a state of siege that ought not to be further continued. (4) Your excellency, after citing the case of Mr. Raycraft and other United States, citizens, infers that it is a molestation put upon those entering into or coming out of the legation, and also state8.that -you aie awaiting instructions from your Goy- emment, and that your excellency " considers it your duty to make known that the consideration due to the legation and the respect due to the country which you repre- sent should not be intrusted to the discretion of secret police of inferior grade, nor can they depend uJ)on the suspicions and fears that your excellency must consider chi- merical and unfounded." , The undersigned, expressing himself as he has done in that which relates so much to the minister plenipotentiary and to the extra territorial rights of the legation,. 92 BELATIONS WITH CHILE. and briefly referred to in the first paragraph, has only complied with his duty and conscience, and is pleased that in this there wUl be no reason for difference of opinion between the United States legation and this department. ' As regards the contents of the second paragraph — if such be the purpose of the refugees at the legation— perhaps they hare done things or are authorizing others to do things which contradict this intention, which the local and national authori- ties have the power to prevent and frustrate, without the necessity of granting a aafe-conduct, which the refugees have no right to ask for, not even protected by the chief of the legation who grants them asyltun. It is those that took upon themselves the responsibility who should know what steps are necessary to adopt, and not the undersigned, who should undertake to point out the way or fhe means by which they or the refageea can succeed in get- ting out of the difia.cult position in which they are placed without the desire of the local authorities, who comply with their strict duties of office. As the undersigned has not considered, for reiisoas which it is not necessary to explain, but which his excellency the minister plenipotentiary can well under- stand, that it was his duty to ask for the extradition of the refugees in the legation, he believes also that his Government has no obligation to grant, and certainly is by no means willing to grant, a safe-conduct to these persons, to whom the legation can generously give a place of refuge, but to whom it cannot give the right or priv- ilege to oppose or conspire against the laws, the authorities, or the interests of Chile. In reference to the disagreeable position referred to in the third paragraph, the situation is not the result of the official acts or wishes of either the local or national authorities, but of the granting, as the undersigned considers justly and rightly, •of the asylum to certain offenders, called political, and above all for the'abose com- mitted of said asylum in order to foment intrigues and plots that will prove useless and vain, but whicl^ nevertheless has been done, according to trustworthy evidence which has arrived at the knowledge of the undersigned. Of the data referred to in paragraph four, the undersigned will recite only a few authentic cases, which will prove to his excellency the minister plenipotentiary that it is not to be inferred that the authorities desire to molest persons entering and coming out of the legation because a few persons have been detained and ques- tioned, natives as well as foreigners, and who may have held intercourse with the refugees without Mr. Patrick Egim knowing it or being able to know it. For instance, papers and letters have been seized and taken from persons commis- sioned to carry them for and from some one of the refugees ; also persons have been seen passing a package of papers through an open window, which was received by some one on the inside who certainly was not an employ^ of the legationj besides this, we are in possession of proofs that a card used by the servant of the legation, and intended for the sole use of that person only, had been made use of by three or four different persons; these cases already cited are more than sufficient, in the judgment ■of the undersigned, to convince Mr. Patrick Ggan that these are not imaginary vis- ions which have dictated those measures, and which clearly explains that these per- sons were or may have laid themselves liable to molestations on coming out of the legation, notwithstanding up to date there has been no instance whatsoever to prove that the rights of the legation have at any ~time been infringed upon. "The police comply with their duties in the streets, and in view of antecedents, all •of which have not been denied, in respect to persons visiting the legation, not for the serviois or for its necessary purposes, but with the object of forming rrfations with the relngees which, if the authorities do not prevent they fail to comply with their most elemental obligations, and which is their right, having the power to pre- vent the effects which these acts may produce. Without giving further development to this .-ind much other data — of greater signifi." cance than that cited by the minister plenipotentiary — the undersigned has the honor to repeat to Mr. Egan all possible considerations, both personal and official, in answer to his two last coitiniunicatious. Your most obedient servant, , M. A. M.\TTA. [Inoloslire 2 in No. 208.] Mr. Egan toSefwr Mntta. Legation of the United States, ■% Santiago, October 1, 1891. -^ Sir: I have the honor to ackuowledge receipt of the note of your excellency of 29th ultimo replying to mine of 26th ultimo. In it your excellency insists in expressiug the right of the local authorities to adopt the measures against which this legation has protested, your excellency affirming DIPLOMATIC CORRESPONDENCE. . 93 ^fL^^^^^^^r^^lT ^^^ ^'""' ^^-^^^^^ "l^ *^® gra^iting of asylum to certain offend- ers called j)olitioal, and especially by abuses conimitted, or intended to be commit- ted ot such asylnm, m order to foment intrigues or concoct plots which would be aatirely varn and useless, but which nevertheless existed," according to reliable in- formation which has come to the knowledge of your excellency. Among these informations '*+.^oTi^ Tioira T.nn-n At^^^,^ — ^ jr yidual, had been used for three or four more;" those facts being sufficient, in the jutonent of your excellency, to justify the measures which had been taken in order to ftnstrate the attempts at conspiracy which, according to your excellency, were t^kmg place m the legation in my charge. / _ As I have expressed to your excellency, in my note of 26th September, I awaited instructions from my Government, which I had fully informed by telegraph of thft occurrences that in a form so unusual toward the legation of a friendly nation had taken place. ' > , I have now received those instructions, which direct me to firmly insist that the respect and inviolabUity due to the accredited minister of the United States and to the legation buildings, including free ingress and egress, shall be fully and promptly given and observed. It is satisfactory to me to find that the protest, which I have felt it my duty to convey to your excellency in my previous communications^ corresponds to the desires of my Government. I can not, consequently, admit the right claimed for the authorities, either local or national, to establish a species of blockade against this legation in the form in which it was put in practice during some days. ■ The order given by the local authority, and recognized" as valid and legitimate by your excellency, was to conduct to prison or to the intendencia any person going out of the legation, without distinction of persons, and without indication whatsoever of the slightest culpability, and the poUce agents even went so far as to warn per- sons not to enter, under threat of arrest ; all of which would not alone involve vexations to this legation, but would make it impossible, if repeated, to maintain the Mendly relations which should be reciprocal, and which my ;Govermnent has always cordially desired to maintain with the Government and people of Chile. According to the principles approved by your excellency the diplomatic immu-. nities should be at the mercy of idle rumors or of the whisperings of^detectives com- posed of persons ^rawn from the lowest social grade. , I have to renew to your ekcellency my pititests in the form already conveyed in my previous notes, and to sa,y that I can no^ recognize the propriety or legality of the orders which have been given by the local authority, and the proceedings which have been adopted to comply with these orders. I am pleased to observe that your excellency is good enough to supply the data to, show how unfounded are the charges of conspiracy made against the refugees in this legation. I regret to express to your excellency that I can not consider as serious the idea that a conspiracy could have beeii presumed on the part of those gentlemen- because of the throwing of a letter through an open window. The action referred to was done by Senor Don El^odoro Valdes Carrera, who on account of the'state of siege in which the legation was placed, found that that was the only safe wky of communicating with his brother, Don JoS(5 Miguel Valdes Carrera, after having been twice arrested by the police for attempting to visit the legation, took advantage of the opportunity of finding a window open to throw in i^e letter in the way de- Scribed; which only shows the more. clearly the extraordinary situation in which this legation was placed by the action of the authorities. This letter, which refers purely to family and business matters, is now in my possession and entirely at the disposition of your excellency. The other proof adduced by your excellency is that the card given to one servant for his safeguard had been used by three or four others. I am not aware that it . corresponds to your excellency to determine the number of the servants of this lega- tion or that your excellency can consider yourself authorized to interfere with the increase of the number of such employes, made necessary by the circnmstances. In the present instance I gave two cards, with the intention that they could be used by any of four servants then employed in the legation. My cards of identification in any case were not respected, because all of my servants were conducted to the prison and retained there for some days, two of them having those same cards in their possession. The only thing that could have warranted the consigning of those men to prison woiild have been the finding of some culpability or implication on their part m the alleged conspiracy, of which I am convinced there could not have been the slightest probability. 94 RELATIONS WITH CHILE. I do not deem it necessary to say anything in regard to whether the refugees may have received correspondence. They are free to do so, because asylum, accordingto international law and custom, does not involve isolation nor prevent the persons from attending to their business and family interests as they may find convenient. In regard to the solicitations on behalf of the refugees, conveyed in my note of 26th ultimo, to obtain from the Government of your excellency safe-conducts to enable them to go out of the country : I submit it was a proof, clear and irreftitable, that they do not entertain any idea of conspiracy ; of which fact I myself am entirely- convinced. As your excellency shows an unwillingness to concede safe-coliduots, I consider that for the moment I should' make no observation to your excellency beyond express- ing my regret that your excellency can not at present find reason for a concession whiph would be a proof of consideration and amity towards a friendly Grovernmentj Renewing to your ex(!Bllenoy the assurance of my distinguished consideration, I have the honor to remain, your excellency's obedient servant, Patkick Egak. [Inolosure 3 in No. 208.] MEMORANDUM OF INTERVIEW BETWEEN MR. BGAN AND SBSOR MATTA. Santiago, October 3, 1891. To-day, in accordance with instructions received by telegram from Mr. William P. Wharton, Assistant Secretary of State, I waited in person upon the minister of foreign relations, Don Manuel A. Matta, and read to him said telegram. The minister stated that he recognized in the fullest manner that this legation had legitimately given asylum to the refugees now in the legation, and he assured me that there was no intention whatsoever on the part of his Government to offer the legation of the United States the slightest disrespect. He maintained, however, the right to arrest or detain and question, for the purpose of impeding the supposed conspiracy on the part of the refugees, all suspicious persons supposed to be carry- ing documents or messages from the refugees. Ipointed out to the Minister that in aSl cases the police agents had stated they had orders to arrest all persons coming out of the legation and that as a matter of fact they had, during three. days, the 23d, 24th, and 25th of August, arrested and conducted to the intendenoia all of the visitors, including three Americans and some three natives who had come to the legation on business entirely unconnected with the refugees, and that this amounted to a virtual blockade of the legation: that I had in my several notes referred to this order to arrest all visitors and that the min- ister had not denied it, but had on the contrary sustained all that had been done by the local authorities^ and that persons throughout the city would not venture dur- ing those days to visit the legation without either the protection of a special police agent or a special passport: all of whjioh created a situation with respect to the legation that no nation could permit. The minister assured me, with regard to the question of an order to arrest all of the persons visiting the legation, there must have been a misunderstanding, as he felt assured that no such order had ever been given, or would be given, and that he had not replied to that joint in my notes because he considered it might have been some exaggeration of wordSj and that he had believed my protests and arguments were directed to the limitation of the proper right of the' local authorities to arrest or detain on the public streets, away from the vicinity of the legation, persons who might have gone out from the legation, against whom there might be legitimate grounds of suspicion. I replied that I had not contended that the police should not arrest, in the public streets, persons against whom there should be legitimate grounds for suspicion, but that I did object to the indiscriminate arrests tnat had taken place without any grounds for suspicion whatsoever beyond the fact that the persons so arrested had been seen visiting the legation, and that I objected to the manner in which the legation had been virtually blockaded. The minister said he would postpone his reply to my note of the Ist instant until he should be able to make full inquiries from the intendente, and be iu a position to fully reply to me on this point. With regard to the charge or suspicion of conspiracy against the refugees, I again assured the minister that the only desire of the refugees is to get away out of the country. Patrick Egan. DIPLOMATIC CORRESPONDENCE. 95 Mr. Egan to Mr. Blaine. [Telegram.] LEaATION OP THE UNITED STATES, ' Santiago, October 8, 1891. (Eeceived October 9.) • Mr. Egan acknowledges receipt of Mr, Wharton's telegram of the 6th instant, and states that 80 persons sought refuge in his legation after the overthrow of the Balmaceda Government; about the same number in the Spanish legation, 8 in the Brazilian, 5 in the French, several in ' the Uruguayan, 2 in the German, and 1 in the English. Balmaceda sought refuge in the Argentine. All these have gone out except 15 in his own legation, 1 in tiie German, and 5 in the Spanish. Prom the 23d to 25th September, when the arrests were made at his legation, -several arrests were also made of visitors to the Spani'sb legation. No protest, however, was made, owing to the fact that thenew minister having re- cently arrived had not then been officially received. The otheif lega- tions were not molested. Spanish minister is seeking safe-conduet for refugees in his legation, and will act in entire harmony with Mr. Egan. All acts of the late Government since the first of January last, includ- ing the election and proceedings of Congress, have been decreed by the present Government unconstitutional, and the refugees are charged with orim^ in having acted without constitutional authority in their^ several positions. The refugee in the English legation , having promised to go home and remain there, has been permitted to go. Others have been allowed out on bonds to submit themselves to the tribunal. Those in the Spanish and United States legations would be subjected to heavy penalties, and in some cases death. "So one has been granted a safe- conduct to leave the country. The press of Buenos Ayres and Monte- video contain extremely strong articles against the attitude of the Gov- ernment towards the supporters of Balmaceda. Mr. Egan's note of the 1st instant has not yet bieen replied to by the minister for foreign affairs. Mr. Wharton to Mr. Egan. No. 136,] Department of State, Washington, October 9, 1891. SiB: I have received your 'So. 191, of August 8 last, reporting the arrest and placing in irons. at Ooncepcion, of Mr. Herbert C. Stevenson, an American citizen; your intervention in the caise, and your receipt of an apology from the Government, as vrell as an indemnity of 2,000 pesos for Mr. Stevenson. ' Tour action in the case is cordially approved. I am, etc., William F, Wharton, Acting Secretary. Mr. Egan to Mr. Blaine. [Telegram.] ' ' Legation of the United States, Santiago, October 13, 1891. (Eeceived October 14.) Mr, Egan states that the foreign office, in its reply to his representa- tions, says that the instructions to the intendente authorized the arrest of no one except upon well-founded suspicion of being agents of illegal 96 RELATIONS WITH CHILE. attempts on the part of.refugees and on tlie public street's away from the legatfpn, and that access to the legation should have been entirely free. Minister for foreign affairs deplores all errors committed by police agents against any pjersons not properly subject to suspicion, and avers that no vexation was intended to the legation. He considers that, since a decree was issued on the 14th September, by the provisional gov- ernment, submitting supporters of the late Government to the tribunals, it would be an unjustifiable irregularity to grant safe-conduct. Were it possible to do so, he says, without disrespect to the law, the interest of the country, or'the prestige of the Government, it would be given, as a proof of ^mitv towards the legation. In replying, Mr. Egan will cite important instances, in which Chile strongly advocated safe-conduct under similar circumstaii''.es. , • Mr. Ugan to Mr. Blaine. [Telegram.] ■ Legation op the United States, Santi-ago, October 17, 1891. (Eeceived October 19.) Mr. Egan reports tliat he has again solicited safe-conduct for the refiigee^s in his legation, and had cited in his note to the minister for foreign affairs the case in which the Chilean minister for foreign affairs, in July, 1866, instructed the philean minister at Lima to insist upon the safe-conduct of refiigees then in the several legations in that city. Those refugees were transported on board ships at CaUao under the protection of the foreign ministers. Mr. Egan also cited the case 6f the approval of the Chilean delegates to the South American Congress held in Montevideo in December, 1888, of a resolution recognizing the right of asylum accompanied by the right of safe-conduct. The decree of September 14,„Mr. Egan argues in his note, can not abrogate inter- national usage repeaitedly approved by the Chilean Eepublic, andi.- applies only to persons within the powers of Chilean Government. ; According to precedent and as a logical consequence of the recognition of the right of asylum, Chilean Government should grant safe-conduct, which it is entirely at liberty to do. A favorable reply is hoped for. Mr. Egan to Mr. Blaine. Ko. 209.] Legation op the United States,. Santiago, October 17, 1891. (Eeceived November 27.) SiE: Since my dispatch No. 208 I had the honor to receive your tele- gram of the 6th instant, requesting full report upon number of refagees in this and other legations now and since the overthrow of the Balmar ceda Government, the treatment of the other legations by the Chilean authorities, and the crimes with which the refugees are or were accused,- also, whether any safe conducts have been given to refugees in other legations. ^ , To this I replied by telegram on the 8th instant, giving the^full par- ticulars desired, from which it will be seen that during the turbulence and sack of the houses of promin6nt Balmacedists which followed the DIPLOMATIC CORRESPONDENCE. 97 news of the result of the battle of Placillas the other legations, or all of them that had accommodatioa, gave asylum to a greater or l^s ex- tent. The Spanish legation had for several days some eighty persons, about the same number that were in this legation, the Brazilian French, Uruguay and others each having from one or two to ten refu- gees. When the first excitement settled down, many of those persons went out of the legations, some who had but slight responsibility giving bonds to appear before the tribunals when required, and others seeking concealment in the houses of the supporters of the successfnl party. In this legation there remain now fourteen, one having gone out under bonds since the date of my telegram, five in the Spanish legation and one in the German legation. I have already in my No. 205, of the 29th September, as well as in my telegram of 8th instant, explained the action of the Chilean authorities toward the other legations and the nature of the charges against the refugees. I should, however, mention another incident that may be of interest. The German legation ouly rents a limited number of apart- ments in a large house, and the room which Gen. yelasquez occupies was not embraced in the iiumber of rooms so rented, but an adjoin- ing one, which the German minister had procured specially for the purpose. The police authorities, on learning this, arrested General Velasquez and carried him to the prison, but as soon as the Junta de Oobierno learned the facts they at once had him returned from the prison to the same room. Only one person, a Ool. Mason, took refuge in the English legation, and he was immediately allowed to go to his house under promise that he would remain there, but was not given safe conduct out of the country, Th^ Spanish and Brazilian legations applied for safe conducts to enable certain refugees to leave the country, but did not succeed in obtaining them. Under date of 9th instant I received from the minister of foreign relations a note, in reply to mine of Ist instant, copy inclosed (Inclosure 1), in which, in reference to the actions of the authorities toward, the legations during 23d, 24th, and 25th September, he says: According to the report of the intendente of Santiago, and according to the in- fltructions given to him by the ministers of foreign relations and interior since the beginning and during the. course of this question, the ingress to and egress from the legation have been free ; notwithstanding that persona who have entered and gone out and who inspired well-founded suspicion that they were, or might be, agents of illegal attempts on the part of the rafu§;eei,.miy have been arrested and conducted to the intendenoia; bain? arrested not in the house of the legation, nor even near to it, but more frequent!^ at a considerable distance from the street in which the -United States legation is situated. Never, according to the official report of the intendenoia, has there been inflicted, or desired to be inflicted, vexation or injury to the legation or to its chief or to it,« employes. ' , And further he adds : ^ The minister can be assured the undersigned deplores all errors of this kind by the police agents that may have bean oomtnltted against any person not comnro- hended in the number which they should watch and even arrest. In reference to the question of safe conduct for the refugees he savH- Since the decree of 14th of September last was published, the persons therein xf ferred to have been subject to the judicial power of the country, and the supreme junta and its secretaries have been therefore deprived of the power to grant that which has been asked for and which Mr. Egan considers would be a friendly mani- festation tow'ardthe United States legation. 7 ^8 EELATIONS WITH CHILE. After further dwelling upoa the effects of the decree referred to, the minister says : The undersigned would be pleased, in addition, to give the assurance that if it- were possible without disrespect to the law, the prestige of the 6foTernment action, and contrary to the interests. of Chile to give this proof of friendship toward the legation of North America,- it should be given. I commanicated the contents of this note by telegram. On 16th instant I replied in a note, of which I inclose copy (Inclosure 2), reaffirming to the honorable minister the correctness of the state- ments which I had made in regard to the arrest of all persons going- out from the legation, assuring him that the occurrences did not take place with the measure of discretion which the intendente of Santiago had reported, and stating that in view of the gravity of what had taken place, and in view also of the fact that the legation is now reinvested •with the guarantied which it should always possess, I felt that I should remit to my Grovernment all of the facts and leave to it the final reso- lution with regard to the question. I shall, upon this question, await instructions. In regard to the question of safe-conduct, I replied, referring to the fact of the recognition by the h^onoTable minister that the asylum had been legitimately given by me in compliance with the duties of civiliza- tion and humanity, that tiie refugees are virtually in foreign territory^ that. the decree of- the minister of justice of 14th September, or even a law of local effect, could not destroy usages and customs that are international; that said decree could not therefore reach the i)erson8 who might be in the legations and beyond the jurisdiction; and that^ therefore, the Government of Chile is, in my judgment, at most perfect liberty to concede the safe-conducts; and further -that it could do so most logically in view of the international policy which it has always maintained. I then proceeded to cite two cases, to which I beg to call your partic- ular attention, in which the Government of Chile distinctly recognized and approved the right of safe-conduct as a necessary adjunct to the ' right of asylum. The first arose out of the revolution in Pern in the year 1865, under the leadership of Col. Prado, against the then presi- dent, Gen. Peza*, in which the latter was defeated. He and his promi- nent supporters were obliged to seek asylum, and many of them found shelter in the French, Spanish, Chilean, and other legations. Senor Doti Alvario Covarrubias, Chilean minister of foreign relations, in- structed Senor Don Marcial Martinez, Chilean minister plenipotentiary in Peru, for his guidance: First. That foreign legations can not grant asylud) to common criminals, who should be delivered to the local authorities whan they claim them. . Second. That the legations can concede asylum to political refugees for the time necessary to enable them to leave the country, with which purpose the diplomatic agent should put himself in accord with the minister of foreign affairs of the country to which he is accredited, in order to send the refugee to a foreign country under the necessary guaranties. As a result of the negotiation on that occasion, the refugees in the several legations were permitted to go out of the country, and they were accompanied on board ships in Callao by the foreign ministers and in some cases by the foreign consuls. Full particulars of this case will be found in a pamphlet printed by the Peruvian Government, entitled: " Secretaria de Eelaciones Exte- riores. Correspondencia Diplom^tica relativa 4 la cuestion sobre asilo, publicada por 6rden de S. E. el Jefe Supremo Provisorio, para ser pre- DIPLOMATIC COBEESPONDENCE. 99 sentada al Congreso Oonstituente. Lima, Imprenta del Estado. Por J. Enrique del Campo, 1867." , ■ ' ■ The second case is that of the International Soutli American Con- gress Held in Montevideo in the year 1888 and beginning of 1889, in whicli ^as adopted the following very important resolution on the ques- tion of asylum : Art. 17. A common criminal wlio has taien refuge in allegation shall be delivered tij the chief of such legation to the local authorities upon the previous demand of the minister of foreign relations, when not done spontaneously. Said asylum shall be respected with regard to those pursued on political charges, but the chief of the legation is obliged to iijimediately bring thie fact to the knowledge of the Government of the state before which he is accredited, and said Government can require that the refugee shall bo placed outside the national territory within the shortest possible period. The chief of the legationshallhave the right to ;requir6, in like manner, the necessary " guaranties to enable the refugee to go outfrora the national territory, the inviolabil-. ity of his person being respected. . The same principle shall be observedTwith respect to those who maj^ have taken refuge in ships anchored in territorial waters. ' Tlie above is a traijislation from pages 305 and 306 of "Ane:^o ^ la memoria dd Ministro de Eelaciones Biteriores " of the Eepublic of Uruguay for 1889. . - This article No. 17 was warmly supported by the Chilean delegates,. Don BeUsario Prats, one of the judges of tbe supreme court, and Don ,QuillermoMatta, brother of the present minister of foreign relations, and by them finally approved in the name of the Republic of Chile. , It was alsq approved by the delegates of the Argentine Republic, and of the Republics of Bolivia, Paraguay, Peru, and -Uruguay. I have argued that every recognized right, whether civil or interna- tional, must receive a rational interpretation and a prac,tical applica- tion, and that it would be absurd to consider that the right of asylum should be made a mockery lor the diplomatic agent who grants it and a snare for the refugee who seeks it, by converting the legation into a . permanent prison, and that therefore logically as well as in conformity with what 1 had shown to be the international policy and compromises of Chile the safeiconducts ought to be conceded. I at same time for- warded a complete list of the refugees in the legation. I informed you by telegraph to-day of the chief points in this note. I also inclose copy in print (inclosure 3) of the decree already re- ferred to of 14th September last, under which the ministers, senators, deputies, and officials of the late Government are submitted to the tri- bunals, and but for which the honorable minister intimates he should be pleased to concede the safe-conducts asked for as a proof of friend- ship towards this legation. I have, etc., Patrick Egan. [Inolosnre 1 in No. 209.— Translation.] Senor Matta to Mr. Egan. Ministry of Foreign Affairs, Santiago, October 9, 1891. Sir: This department received your excellency's note of the Ist at 1 p. m. on the 24 of the current month, which the undersigned hastens to answer as briefly as pos- Bible. The instructions which your excellency has received from your Government, and in compliance witlovhioh your excellency affirms and repeats that "the respect and inviolability due wthe minister accredited by the United States and to the dwell- 100 ^ RELATIONS WITH CHILE. yig of the legation, including free ingress and ^egress, should be fully and promptly' given and observed," in no way modifies the state of the question, neither are they m contradiction with the manner of thinking of the midersigned. The undersigned has not the right to inquire into, and less the intention to discuss, the instructions received by your excellency, nor the data and the foundations from which they emanate, and confines himself only to that which is his duty and that within his knowledge. It would be indiscreet, if not disrespectful, toward the Gov- ernment that gives and the minister that receives the instructions — such a thing being possible — ^to inquire into or discuss them. According to the report of the intendente of Santiago ' and according to the instructions given to him by the minister of foreign relations and interior since the beginning and during the course of this question, the ingress to and egress from the legation Tiave been free, notwithstanding that persons who have entered and come out, and who inspired well-founded suspicion that they were or might be agents of illegal attempts on the part of the refugees, may have been arrested and conducted tothemtendeucia, being arrested, not in the house oi the legation nor even near to it, but m6re frequently at a considerable distance from the street in whieh the United States legation is situated. Never, according to the official reports of tjie intendeucia, have there been inflicted, nor j^esired to be inflicted, vexations nor injury to the legation, nor to its chief, nor to its employes. And if any servant, due to his inferior position, or any unknown person that served it has been arrested and questioned, it was not because he was an employ^ of the legation, but because he was or seemed to be an instrument of the refugees who tave done, or apparently have done, things which compromised him who had given them' asylum and violated the law and order in Santiago. This is a r^sum^iof the reports of the intendente, an illustrious and intelligent person, who can not be easily deceived or mistaken and who would not assert what is unljrue. His excellency the minister plenipotentiary has believed that that which the undersigned communicated to him in his last letter, to demonstrate^thafe what he called a state of siege or blockade of the house of thp legation, did not orig- ina'te firom any ill-will or want of respect from the loeal authorities towards his person or dwelling, but from the actions of the same refugees, who provoked and made indispensable the presence and interference of the police in the adjoining streets. His excellency the minister has considered that all this was given as a proof of a conspiracy and was the exposition of all that is known In this respect ; but his excellency the minister, looking at things in that light, is laboring under a mis- take, since the data and things noted by the undersigned are very distant from being all now in the hands of the local authorities, and his excellency the minister can readily conceive that it is not in this department of foreign affairs, where the pro- cedure and investigations of such subjects are decided upon, and which the police of Santiago have been and are still following np. The undersigned tenders his thanks for the offer of the letter of Seiior Eleodoro Valdes C, of which he will make no use, nor will he refer to the explanations in reference to the use of the pass-cards, and the number of servants of the legation, but will proceed to other observations of his excellency the minister plenipotentiary, ■!"hioh enter entirely into the sphere of things subject to his consideration. His excellency the minister, repeating his protests in reference to the orders given by the local authorities and the manner in which they have proceeded, insists that said orders have been given and executed against all persons entering and coming out of the legation. His excellency the minister can be assured the undersigned deplores all errors of this kind by the police agents, that may have been committed against any person not comprehended in the number Which they should watch and «ven arrest. According to the literal purport of those orders and the reports from the intendente, these orders extended but to persons against whom there were motives for suspicion, or against those whom they knew were instruments of intrigue for the refugees, who have not' and can not form a formidable conspiracy, but who are inclined towards creating disturbances quite as illegal as impotent, and of which the intendente has proofs. •' The significance, extent, and purpose of these orders and of their execution are looked upon quite differently by his excellency the minister from how they appear to the undersigned ; perhaps not only from the difference of positions, and the re- spective information, but also from the general estimation and criterion which have dictated the words of both. On the part of the intendencia there has been no desire to inflict injury nor to occa^ sion vexation to the legation and its personnel ; and if any of the police agents have molested any person— even if it did happen— no oftense or injury was intended, since the molestion was suspended and remedied as soon as it was possible to do so. As regards the imprisonment of one of the servants of the legation and his reten- tion there for some days, the reports-from SeHor Lira, the intenSente, establish that those arrested and detained "were immediately put at liberty, with th^ exception DIPLOMATIC CORRESPONDENCE. 101 of one Sefior Camales, ex-ofilcial of the dictatorial army ; " amongst the servants, or those who said they were, the iutendente says there was found one Celestino Blanco, one Luis E. Estrella, and one Francisco de Toro Valenzuela, concerning whom abound motives sufficient not only to retain, but to imprison them. Besides, a Mr. Luis Bansi, although not of the same baliegory as those ' already mentioned, gave motives for being detained. In possession of some of these there have been found data and instructions that justify these proceedings toward them by the police. Is there, when he affirms to the contrary, a mistake on the part of the honorable minister plenipotentiary, or rather is there inexactness in the information received by him? Is there a mistake on the part of the undersighed, and is there- an inaccuracy in the reports received by him? As the position of things is not being kept back, but is being developed and on the way 'to be cleared up and brought to an end independent of the will or opinion of his excellency the minister, as well of those of the undersigned, soon the results will answer these questions. Concerning the safe-conducts aTsked for but not conceded, the undersigijed in not granting them was far from wishing to manifest anything but deference toiward the legation, and neither did h6 show any lEfequality and contrary to the interests of Chile, to give this proof of friendship toward the legation of North America, it should be done. > . The undersigned does not consider it necessary to explain that the granting in certain cases of safe-conduct before^the 4th of September, invoked or suggested, was not analogous to the present case, which will have to be decided judicially for the reasons herein enumerated. I reiterate, etc., i , , M. A. Matta. PiiolqBure 2 in No. 209.] Mr. Egan to Sefior Matta. Legation of the Unitbp States, I Santiago, October 16, 189L Sir: I have the honor to acknowledge receipt of the note of your, excellency dated 9th instant. No. 463. i ^ « With reference to the protests made by this legation in my previous notes regard- ing the vexations inflicted by the systematic arrest of all persons who had during some days gone out from it, and thejnstructiolis which I stated I had received from my Government in reference thereto, your excellency has been good enough to express to me, in the communication to which I reply, as follows : " According to the report of the iutendente of Santiago arid according to the inttrhctions given to him by the ministers ofi foreign relations and interior since the beginning and during the course of this question, the ingress to and egress from the legation have bpen free, not- withstanding that persons who have entered or come out and who inspired well- founded suspicions that they were, or might be, agents of illegal attempts on the part of the refugees; may have been a^ested and conducted to the intendencia ; being arrested not in the house of the legation or even near to it. 102 RELATIONS WITH CHILE. "Never, according to the official reports of the intendencia, has there been in- flicted, nor desired to be Inflicted, vexations nor injury to the legation nor to its chiefs nor to its employes." And further on your excellency adds : "The undersigned, deploring all errors that may have been committed by any of the police agents against any person not in- cluded among those that should be watched and even arrested, can%.ssure the minister that according to the literal tenor of those orders and to the reports of the inten- dente, same did not extend but to persons against whom there were grounds for suspicion." "On the part of the intendencia," your excellency repeats, "there was no desire to inflict injury nor to occasion vexation to the legation and its personnel; and if any police agent moles'ted any person, It was not inreality a vexation, because the an- noyance was suspended, and remedied as soon as it was possible to do so." I am in a position.to ainrm that the occurrences did not take pla<:e with the meas- ure of discretion which the intendente of Santiago has reported to your excellency, and that it has been matter of public notorie^ that during three days all persons were arrested, without distinction, who had gone out from this legation, including citizens of the United States who had come on business exclusively relating to the legation, and that matters wer^ carried to such extremes that it was made difficult and-almost impossible to conuaunicate with or visit even the undersigned. Never- theless I can not do less than recognize that through the serions representations which I found myself in the painful nece'ssity of making to your excellency the situ- ation Was changed, and the legation is now reinvested with the guaranties which it should always possess, and which' should never for one moment have been forgotten or neglected. I therefore consider it my duty to join with yonr excellency in "'de- ploring ajl errors which may have been committed," since, according to the reports received by your excellency, "never has there been inflicted, nor desired to be "iia- flicted, vexations nor injury to the legation, nor to its chiefs, nor to its employiSs." Havine regard to the gravity of the occurrences which have taken place and in view of wje actual situation of the legation, I feel that I should not further treat this point, but remit to my Government all of the facts and leave to it the final reso- lution with regard to the question. In regard to the solicitation conveyed in one of my previous notes, in behalf of the political refugees in this legation for safe-conducts to leave the country, and which I urged as an undeniable proof that the refugees were far from occupying themselves in conspiracy, your excellency is good enough to express to me that in not conceding those safe-conducts there has been no intention to show want of con- sideration for this legation, that since was issued the decree of 14th September last all the persons therein mentioned are submitted to the judicial power, and that the Supreme Junta and its secretaries are therefore deprived of the power to make this manifestation of friendship to the legation of the United States. Yonr Excellency adds: "The undersigned would be pleased, in addition to give the assurance, that if it were possible without disrespect to the law, to the prestige of the action of the Government and to the interest of ChUe, to give this proof of friendship to the legation of the United States, it should be given." ^ Your excellency m previous notes has recognized, as your excelleucy was con- strained to do in conformity with the interivktional practices of Chile, the right of asylum, and that this legation had consequently complied with the duties of civili- zation and humanity in granting it, as it had d«ue, to the political refugees who ' now find themselves under its protection. This right having been, recognized by your excellency, allow me, your excellency, to entertain the hope that the Government of your excellency, better understanding the facts, may be kind enough to concede those safe-conducts, not alone as a proof of friendship, which should be cordially appreciated by the Government of the United States, but as an act in conformity with the invariable jiolicy of Chile, which, on this question it may be said, has become an international law in South America. , Your excellency will permit me to give a not considerable importance to the note passed by the ministerio of justiria to the promoter fiscal, under date of 14th Sep- tember last, with the object of initiating judicial action, because it can not escape the excellent judgment of your excellency, that neither a note, nor a decree of the Government, nor even a law of purely local ert'cct, can destroy usages and practices which are international, anrj' which nations establish and recognize in order to main- tain and promote their reciprocal relations of friendship. Your excellency cannot fail to understand that the lively desire which all coun- tries entertain for the preservation of peace and the respect for the practices which form an integral part of their international life could not conveniently be made to depend upon a note or decrees issued by any one government as a measure of inter- nal administration in relation to questions»between such government and it« citi- zens. ' . BIPLOMAl^IC* COEEESPONDENCE. lOS The proposal to submit to the tribunals the persons enumerated in such note or ^eore& does not require greater consideration, such process being effective against those who are properly in Chilean terfltory and within reach of the Chilean aii- thorrties, but not against those who may have gone oat of the country or that may hnd themselves refugees in a legation or in ships of war of a foreign nation. In tlio' latter cases they could not be considered to come within the judicial power, such political refugees being out of its jurisdiction. -With respect to the political Tefugeesi now in this legation, residing virtually within the territory of the United States^ whose right of aSylum your excellency lias recognized,, they cannot be considered as submitted to the judicial power, and -therefore, according to my judgment, the Government of your exeellency is at tha most perfect liberty to concede the safe-conducts solicited, and it can do so most logically in accordance with the international principles of Chile, which I take leave to brin^ to the recollection of your excellency. In the archives of the ministerio under the charge of your excellency will be found the, note of SeTior Don Alvaro Covarrubias, in his character of minister of foreign relations of Chile, directed, under date of July 9, 1866, to Seiior Don Marcial Mar- tineZj minister plenipotentiary of Chile in Periu, giving instructions to regulate his action in a situation entirely similar to that which has existed and, does exist in this ■country, as the result of a revolution which tooli place at that time in Peru, and the asylum conceded to Various political refugees by Mr. Minister Martinez in his lega- tion. Seiior Covarrubias indicated as a rule of action to the plenipotentiary in Lima, and as abasis of arrangement, the following: "First. That foreign legations can not grant asylum to common criminals, who should be delivered to the local authorities when they claim them. "Second. That the legation can concede asylum to political refuges for the time necessary to enable them to leave the country, with which purpose the diplomatic agent should put himself in accord with the minister of foreign affairs of the coun- try to which he is accredited, in order to send the refugees to a foreign country under the necessary guarantees." According to those instructions, which are perfectly clear, the Chilean minister in Lima, as this legation has grounds to believe, adjusted his action, and the poilt-' ical refugees in his as well as in the other legations were embarked in Callao under , the personal custody of the chiefs of the legations and in some cases simply accom- panied bys the fgreign c&nsuls. This policy of the Chilean Government has been more fully corroborated in a still more recent date. / In the conferences held in Montevideo by the Sotith American International Con- gress, there was approved a treaty upon the ' international, penal code, in the dis- cussion of which took part the representatives sent by the Government of Chile, Senores Belisario Prats and Guillermo'Matta. ^ The article No. 17 of this treaty, which was approved , in the name of the Eepublio of Cbite, and also by the representatives of Argentine Eepublic, the Eepublic of Bolivia, the Eepublic of Paraguay, the Eepublic of Peru, and the Eepublic Oriental of Uruguay, and which I copy from pages 305 and 306 of the appendix' to "La memoria de ministerio de relaciones exteriores de^la Eepiiblica Oriental de Uru- guay," is of the following tenor : "Art. 17. A common criminal who has taken refuge in a legation shall be deliv- ered by the chief of such legation to the local authorities upon the previous demand of the minister of foreign relations, when not done spontaneously. " Said asylum shall be respected with regard to those pursued on political charges, but the chief of the legation is obliged to immediately bring the fact to the knowl- edge of the government of the state before which he is accredited, and said govern- ment can require that the refugee shall be placed outside of the national territory within the shortest possible penbd. "The chief of the legation shall have the right to require in like manner the necessary guarantees to enable the refugee to go out from the national territory, the inviolability of his person being respected. "The same principle shall be observed with respect to those who may have taken refuge in ships anchored in territorial waters." As your excellency may see, this article, approved in the name of the Eepublic of Chile by its representatives in the International Congress, ^n December, 1888, is in perfect harmony with the instructions forwarded by the honorable Minister of Foreign Eelatibns of Chile, Sefior Covarrubias, in July, 1866, to Senor Martinez, anvoy extraor- dinary of Chile in Peru, and both cases corroborate the affirmation which I have made to your excellency^ tha,t such has been the international jurisprudence and the practice of Chile in the matter of asylum, and of the* consequences necessarily and logically derived from such right, those consequences being fully recognized by tha Government of Chile in the two cases cited. 104 KELATIONS WITfi CHILE. The Government of the United States, which I have the honor to represent, expects from youi excellency's Goveranient now the same consideration with respect to the political refugees in this legatibn, and in compliance with the indicated method of proceeding, approved by the representatives of the Gtovemment ot your excellency, I have the honor to append a list of the refugees at present m this lega,- Your excellency can well understand that the right of asylum carries with it as a, necessary consequence the right of safe-conduct, m order that the refugee may go out to a foreign country. ' . „ ^, . . , The political lefugee finds himself virtually in the territory of the nation whose legation or ship affords him asylum, and no consideration whatsoever of internal private right should prevent him from being transported to a foreign country, as- ha^ been done, for example, in the ease of the refugees in the ships of war of my own nation and of other nations anchored in the harbor of Valparaiso. Every right, whether civil or international, when recognized and respected, must -receive' a n^itional interpretation and a practical method of application. It should be absurd to consider that the right of asylum, which is accepted more -especially in South America, with its logical consequences, should be only an idle name, an expression without a meaning, a mockery for the diplomatic agent who- grants it in the name of his country, and a snare for the refugee who avails of it telyiug on the faith of the naiion by the conversion of the legation into a perma- nent prison. . t • t. >?• I am suie,that your excellency, wiU coincide with me in giving to the n^ht of asylum the interpretation which the Government of Chile has always considered itself bound to give to it. The refusal of your excellency to concede those safe-conducts should be a matter of regret to my Government because it could only be interpreted as a serious griev- ance which the Government desired to impose upon this legation, and particularly as, to do 80, it should be necessary that your excellency would forget the interna- tional practice of Chile and the agreements entered into in its name. . In a very recent time safe-conducts have been conceded by the Government to refugees who were in this and other legations, and in other plaxjes in the city, under conditions much more difScnlt for the Government which granted them, while the armed struggle was yet undecided, and when the refugees, favored with such safe- conducts, might be able to bring powerful aid to the cause of their party. In granting those safe-conducts, however, the Governmeirt did but due honor to the principles which have directed the international practice of Chile. For my part, I have no doubt that your excellency will appreciate to their fullest value those important considerations, and I flatter myself with the belief that my Government will receive, on the part of the Government of your excellency, a new proof of the spirit of harmony and cordiality which should govern the relations ot the two countries. ._ Renewing to your excellency, etc., r Patrick Egan. List of the refugees referred to in the foregoing letter : >Sefior I. Francisco Gana, Sefior Adolfo Ibanez, Senor Juan E. Mackeuna, Senor Guillermo Mackenna, Sefior Jos6 Miguel Valdes Carrera, Senor Eicardo Cruzat, Senor Ricardo Vicuna, Senor Marcial Pinto Aguero, SeBor Guillermo Pinto Aguero, Seflor Acario Cotapos, SeBor Memorino Cotapos, SeBor Rafael Casanova Zenteno, .Sefior Alfredo Ovalle, Senor Eermojines Camus. [Incl08nr^3 in No. 209.] Decree of Governmental Junta of September 14, 1S91. Decrees and orders of the Governmental Junta; officers of the Dictatorship; minis- try of justice and public instruction. Santiago, September 14, 1891. Whereas public justice rec^uires that all persons who have taken part in the acts of the Dictator Balmaceda since the first day of January last be immediately held responsible, not only in order that the injury done to the country may be repaired, but also that "the offenders may be punished; Whereas among those persons aire Don Jos^ Manuel Balmaceda, Ex-President of the Republic, the ministers and counselors of state, the members of the bodies which styled themselves the National Congress, and the municipalities, the intendentes of the provinces, and the governors of the departments, the officers of the exchequer. DIPLOMATIC'^ CORRESPONDENCE. ; 105 the judicial functionaries who filled their offices in virtue of appointments made by the Dictator, and others whose acts have rendered them liable to prosecution; Whereas in order that judicial action, and the presentation of proof may be ex- pedited, and that the efficiency of the action may not be divided, it is indispen- sable that these cases be tried at Santiago, since this city was the seat of the dicta- torship, and in it were committed or originated the acts whose perpetrators are now to be prosecuted ; and Whereas the action that may be taken by the judicial authorities is no bar to the exercise of the powers which the constitution grants to Congress to indict and try the officers designated by the constitution. The Governmental Junta decrees : Art. 1. The public prosecutors of Santiago shall, iwith as little delay as possible^ institute such action as is sanctioned by law against the persons above mentioned. Abt. 2. Messrs. Juan Nepomuceno Parga, Jos6 Francisco Fabres, Juan de Dios Vergara Salv£i, Luis Barro.s Bbrgono, and Abel SaaVedra, attorneys-at-law, are hereby designated to assist the public prosecutors in the discharge of the duties hereby assigned them. Let it be noted,ibommuuicated, and published. MONTT. IsiDOEO • EbeAzueiz. Mr. Ugan.to Mr, Blaine. [Telegram.] Legation op the United States, Scmtiago, October 18, 1891. (Bfeceived October 19.) Mr. tegau reports that on the night of the 16th a flghtj as to th& \ \ origin of which he has not yet learned any particuteirs, took place be- tween American and Chilean sailors, resulting in the killing of one and the wounding of five members of the Baltimore's crew and the wound- ing of one Chilean. / Mr. Egan to Mr. Blaine. Ko. 211.] • ' ■ Lbg-ation op iks Uniteb States, Santiago, October 19, 1891. , (Eeceived December 3.) Sib : On yesterday I had the honor to forward a telegram announcing- the occurrence on the night of 16th instant, in Valparaiso, of a fight between American and Chilean sailors, resulting in the killing of one- man and the wounding of five others of the crew of the Baltimore. To-day I received from Capt. Schley, commanding the Baltimore, a. letter reporting the occurrence, inClosure JTo. 1, together with copy of a letter whicK he addressed to the intendente of Valparaiso, No. 2. So far Capt. Schley has not ascertained the causes which led to the- disturbance, but the general impression is that the attack was unpro- voked and. premeditated. ' i Some weeks ago an attack was made upon a number of the sailors of one of the Grerman ships of war, resulting ia the killing of one of the Germans, and it was understood that the attack was made because thft Chileans mistook the G'ermans for United States sailors. 1 have, etc., ' * Patrick Bgan^ 106 RELATIONS 'WITH CHILE. [luclosure 1 in Tifo. 211.] Capt. Schley to Mr. Egan. U. S. S. Baltimore (Fikst Rate), ValparaUo, Otitober 17, 1891. Sir: I regret to state that on yesterday about sundown a large number of men on «hore created a disturbance with the liberty party of about 120 men from this ship. During the encounter one of the petty officers of this vessel was killed and 6 of my men were dangerously stabbed. The casualties among the shore party I have not . learned. The'origin of the difficulty I do not yet know, but I have addressed a note "to the intendente requesting the fullest investigation in order to establish the proper culpability. I inclose a (fopy of this to the intendente, who replied that he had -already given instruotioas to fully investigate the affair with a view to ascertain the promoters of the disturbance. ^ Very respecjtfully, W.m. Schley, Captain Commanding. _ [Iiioloaure 2 in ITo. 211.] ^ Capt. Schley to thejntendente. U, S. S. Baltimore (First Rate), ^ ' . VaJmaraUo, October 17, 1891. Sir : I regret extremely to inform your excellency that^hile my men were on lib- ■erty yesterday .afternoon to enjoy the hospitality of a port with which my nation is upon the most friendly terms of amity, an unfostunate disiurbanceoccurredin which •one of my petty officers* Was killed and six of my men seriously stabbed. I feel that it wiU only be necessary to request your excellency to institute a most searching in- vestigation into the circumstances leading to this affair, in order to establish the culpability for this unfortunate collision. I can say in advance that if my men have been the instigators in this affair they will be dealt with most severely under the laws of my country, and I feel certain that if it shovild be otherwise your excellency will bring to justice all offenders. Regretting extremely the unfortunate occurrence and the duty it imposes upon , yourself and myself, I have, etc., \V. S. SCHLET, Captain Commanding. Mr. Egan to Mr. Blaine. [Telegram.] Legation of the United States, ; Santiago, October 30, 1891. (Eeceived October 22.) , Mr. Egan states that the miiiister for foreign affairs refuses to recog- nize analogy of the cases cited by him or to discuss the question of the right of safe-conduct and repeats that the refugees are among those submitted to the tribunals. Safe-conducts have been and may be given, he says, in accordance with courtesy, convenience, and will of the Govern- ment and of the country and with certain restrtctions and conditions; they Can not modify refusal to grant safe-conduct, as motives of justice ^nd convenience still exist. If this refusal should be considered a grievance to the legation of the United States, Chile would be astonished at the fact and would regret it. Mr. Egan regards this as a departure from Chile's well-established policy. Chilean Government refuses by •decree issued yesterday to submit certain persons now in the prisons to the courts of justice o to liberate them in accordance with order of the supreme courts. The Liberals gained a decisive victory over the Con- servatives or Clericals in the election on the 18th. DIPLOMATIC COERESPONDENCE. 107 Mr. Egan to Mr. Blaine. [Telegram.] I Legation of the United States, Santiago, October 23, 1891. (Eeceived October 24.) Mr. Egan states that he has informed the Chilean minister for foreign affairs that he will, in view of the refusal to grant safe-conduct to the refugees contrary to Chile's well-established international policy, sus- pend the discussion until his Government resolves what it cbnsiders proper under the circumstances. Mr. Egan pointed out to the Chilean minister, however, that the legitimacy of the asylum in this case having been repeatedly admitted, the refugees can not be considered subject to judicial power without the consent of the Government of the United States, and that, as the decree of October 19 nuUifles the reason ad- vanced in the minister's previous notes for refusing safe-conduct, and the minister having admitted that safe-conducts have been and may be given, the interpretation of the United States of the refusal as an act of slight courtesy and consideration can not be a cause for surprise. Mr. Egan to Mr. Blaine. [Telegram.] Legation op the United States, Santiago, October 23, 1891. (Eeceived October 24.) Mr. Egan reports that he has just received from commanding offlcer of the Baltimore, according to instructions of the Kavy Department, a full report of the assault upon his men, showing it to have been brutal and unprovoked, and implicating the police as having participated in it. He says that particulars have been cabled to the Secretary of the Navy and that he will not take any action until he receives instructions. Mr. Wharton to Mr. Egan. [Telegram.] Department of State, " Washington, October 23, 1891. Immediately upon receipt of information of the assaults made, on the 16th inst., in the streets of Valparaiso, upon a number of American sailors belonging to the Unite,d States man-ot-ww Baltimore, now m that harbor, the commander of that vessel, Capt. W. S. Schley, was di- rected to cause an immediate and thorough inquiry to be made into the origin and iij.cidents of that tragic affair and communicate the results simultaneously to this Government and to you. His report, under date of yesterday, has just been transmitted to this Department by the Sec- retary of the Navy, who advises me that a ,copy of the report was tor- warded by Capt. Schley to you, v ^ , x ^ j. a i,i„ , You will observe that the board of officers selected by Capt. bohley « 108 RELATIONS WITH CHILE. to investigate this affair report that our sailors were unarmed and gave^ no provocation; that the assaults upon them were by armed men,' ' greatly superior in numbers, and, as we must conclude, animated in their bloody work by hoMlity to these men as sailors of the United States. You will also notice that the character pf some of the wounds indicate that the public police, or some of them, took part in the attack, and will also observe that other American sailors were, without any apparent fault, arrested and for some time held by th^ authorities. The friendly _ e,fforts of a fpw of the public offlcers to give succor to our men furnish the only redeeming incident of this affair. This cruel work, so injuri- ous to tfie United States, took place on the 16th instant, and yet no ex- pression of regret or of a purpose to make searching iuquiry, with a view to the institution of proper proceedings for the punishment of the guilty parties,' has been, so far as I am advised, offered to this Govern- ment. You Will at once bring to the attention of the Government of Chile the facts as reported to you by Capt. Schley, and will inquire whether there are any qualifying facts in the possession of that Government or any explanation to be offered of an event that has very deeply pained the people of tlie United States, not only by, reason of the resulting death of dne of our sailors and the pitiless wounding of others, but even more as an apparent expression of an unfriendliness toward this Government which might put in peril the maintenance of amicable, re- lations between the two countries, if the facts are as reported by Capt. Schley, this Government can not doubt that the iGovemment of Chile will offer prompt and full repaf ation. You will ftimish the foreign ofQce a fiiU paraphrase of this dispatch and report promptly to tMs Government. , I , Wharton. , Mr; Ugan to- Mr. Blaine. ' [Telegram.] ' . Legation op the tlNiTEii States, Santiago, October 26, 1891. (Eeceived October 27.) Mr. Egan reports that, in replying to his note of the 22d instant, the minister for foreign affairs persists in his refusal to grant the refugees safe-conduct. He considers the discus.sion closed, and declares the further exchange of notes on the subject'useless. , Mr. Egan to Mr. Blaine. [Telegram. ] Legation op the United States, Santiago, October 36, 1891. Mr. Egan states that he has communicated the Department's telegram of the 23d instant to the minister for foreign Eiftairs, and asks what reparation will be expected if the facts be as reported by Capt. Schley. DIPLOMATIC COREESPONf)ENCE. 109 Mr'. Ugan to Mr. Blaine. ^0- 213.] Legation op the United States, Santiago, October 36, 1891. (Received December 3.) xi-^i^" } ^^^® *^® ^^^^^ **' ^®^®^ ^ ™y dispatch, Ko. 209, and to say that under date of 20th instant I received from the minister of foreign relations, a reply to my note of 16th instant, a translation of which is inclosed. (Inclosure No. 1.) In this note the minister maintains the opinion expressed by him "in previous notes regarding the action of the local authorities toward the legation. He declines to argue the question of safe-conducts to enable the refugees to go out of the country, and refuses to recognize the prece- dents cited, although one of them, the resolution adopted in the Con- gress of Montevideo, in December, 1888, and "approved in the name of the Eepublic of Chile, which has almost the force of an international compact, clearly and distinctly gives the right to thechief of a legation whi(!h has given asylum to require from the Government safe cqnduCtto enable the refugee to go out of the national territory. He also seeks to maintain that the greater number of the refugees in the legation are, under the decree of 14th September last, submitted to the regular tri- bunals of justice. . I foj-warded, on 20th instant, a synopsis of this note by telegraph. On 22d instant I replied, as per copy inclosed (No. 2), pointing out the avoidance on the part of the minister to take into consideration the international principles and policy that had been always followed by Chile in regard to this right of asylum, and the natural and indispen- sable consequences derived therefrom, and suspending discussion upon this point until my Government, acquainted .with all the facts, shall resolve what it considers proper under the circumstances. I at the same time called the attention of the minister to the fact that having on three consecutive occasions distinctly admitted that the asylum had been legitimately granted he could not, without the will and per- mission of the Government of the United States, consider the refugees in this legation as submitted to the judicial tribunals. I also pointed out that the decree of 14th September, which he put forward in a previous note as a reason why the Junta de Gobierno could not make this manifestation of friendship toward the Government of the United States, was nullified by the decree of the Junta de Gobierno of 19th instant, a translation of which I inclose (No. 3), which limits the power of the courts and submits thereto only such persons as the Junta de Gobierno may specially narfie. I also inclose, for your information, translation of a decision of the supreme court, given on 17th instant (inclosure No. 4), to which the de- cree of 19th instant was the executive answer. I concluded by pointing out that as he, the minister, had admittec^ that safe conducts had been, and may be, given as a matter of courtesy and at the will of the Government, there could not be cause for surprise if the Government of the United States should interpret as an act of but slight courtesy and consideration this rejfusal now to grant safe- conducts in accordance with the respect due to the invariable practice and international policy of Chile. The substance of this note I reported by telegraph. To this note I received to-d&y, under date of 23d instant, a reply from the minister of foreign relations expressing his belief in the inutil- ity of exchanging further notes " pending the result of governmental 110 RELATIONS WITH CHILE. decisions, judicial proceedings, and le^slative measures," and declar- ing that he consideredjthe discussion closed. Upon this question, therefore, as well as upon that of the action of the Santiago authorities toward the legation, I shall await your in- structions. I inclose a translation of this note (inclosure No. 5). The blunt refusal on the part of minister of foreign relations to recog- nize such well-established precedents must place this Government in an awkward posiiaon, and it should not surprise me if, when the Ifational Congress meets here on 6th November proximo, there would be an effort made to get out of the difQculty by passing a law granting a gen- eral amnesty to all those who took part in the late struggle. I have, etc., Pateick Egaw. [Inclosure 1 in N"o. 213 — Translation.] Senor Maita, to Mr. Egan. Ministry of Foreign Affairs, Santiago, Oetohen^O, 1891. Sir: In the afteruoon of Saturday, the 17tli instant, was received in this depart- ment the note bearing date of yesterday, the 16th, which the undersigned hastens to answer, in resuming, responding to, one by one, the four points referred to therein. The honorable minister plenipotentiary insists in the opinion which he had formed previously, respecting the orders given by the " Intendente," and carried into exe- cution by the police of Santiago ; which was to arrest persons entering into and coming out of the North American legation, who were or may have been suspected; ajid his excellency also stated that he had left the solution of these proceedings to the Government in Washington ; and on which the undersigned for his part has al- ready expressed himself, after receiving instructions from the " Junta," and on com- paring the reports and orders of the "Intendente," including his opinion on the subject under discussion, the . undersigned still maintains his opinions, believing, neveTtheless, he has not the rjght to endeavor to dissuade the minister plenipotenti- ary of North America from the line of aption which he has adopted, considers that this question may now be regarded as exhausted. The other point which his excellency the minister advances, refers to the reasons and almost rights with which the refugees and he in their aid and protection, can require for them a safe conduct to go out of the country. The honorable minister plenipotentiary adduces arguments which the undersigned does not think necessary to confute or prolong, because they are based' on founda- tions which are not accepted, nor acceptable in this department, which, by obliga- tions and study, gives more importance than the honorable minister plenipotentiary- attributes to the circular of the 14th of September, in which are submitted a list of persons among whom are included the greater number of the refugees now found in the North American legation. The third point contained in the note of the 16th of October, referring to analogous arguments and precedents established in this department to prove that it is a legiti- mate right of the legation which gives the asylum to require a safe-conduct for the refagees, limiting therefore the penal jurisdiction of the country in which is its iplace of residence to the penalty of banishment, which the undersigned does not recognize nor could any one recognize in the post which he now actually occupies. The safe-conducts have been and may be given, but in all cases, not in virtue of sufficient rights on the part of the legation giving th6 asylum to demand or receive them, but of the courtesy, convenience, and will of the Government, and -of the country in which resides the legation, and in certain cases and under certain restric- tions by which they are dictated, not by the prescription of certain laws and stat- utes, but by those of honor, discretion, and delicacy. Safe-conducts, some recently and others more remote, which emanated from the free will of the person governing, without offending the law and thereby thinking to serve the interests of the conn- try, may have been given, and if such case be examined into, it will be seen that they are of a very different order, and have other signitications than the safe-con- ducts now solicited. The reasons of justice and convenience which previously dictated the refusal to DIPLOMATIC COEEESPONDENCE. Ill SA^^Tfi^''^''"?^-^'"'**' 8*i" existing, the undersigned believes it his duty not to Zirt^thntTi".*"'"' 5^d would regret much, and%ven should be muVh more sur- pnsed, that the powerful Government of tl,e great North American peopfe wouM ?«^S^Hn"' ^,««»'"?« gi^r^""^ which the Chilian Government desSs^toCi^? on tint f« Ift'J lW'°^*ti,"'!t^^^'''l." "'^^*'« "f **« privileges, to decide a question ?n ihLo ^ °T°^ """^y T^*? *,^^ prestige and the antecedents of the Supreme Junta, iion o? the countrT ^^ *^' intevests, the .decorum, and Ihe jun^sdic: tl,?!";^'^'*^^*"'''?'^'"?.*^^!® divergencies of opinion, the undersigned avails hjmself of SXTrnsitaw'^*"^" exeellenc,- the minister plenipotentiary hrdistin- M. A. Matt A. [Inclosure 2 in ITo. 213,] Mr. Egan to Senor M. A. Matta. Legation of the United States, Santiago, Octoler S2, 1891. Sir : I have had the honor to receive the npte which your excellency has been good enough to address to me under date of 20th instant. No. 560. ' Your excellency has beenT)leased to say that your excellency " gives more impor- tance than the undersigned has attached to the circular of 14th September, which sub- mits to the tribunals of justice a list of persons, among whom are included th& ' greater number of the refugees in the legation of North America," and that, the mo- tives of justice and convenience which dictated the refusal to concede the safe-con- ducts solicited by this legation still continuing, the Government, in whose name your excellency speaks, found itself unable to modify the resolution adopted. , In another part of the communication your excellency says : 'l^afe-conducts have been and may be given, but in all cases not in virtue of suffi- cient right on the part of the legation giving the asylum to demand or receive them,, but of courtesy, of convenience, and of the will of the Gjoverument and of the coun- try within which resides the legation." Your excellency avoids eiftlrely, in the note to which I reply, to take into consid- eration the irrefutable reasons advanced in my note of 16th instant, in which are proven by Evidence what have been the principles and what has been always th& international policy which, in a manner permanent and invariable, have been uni- formly followed by Chile with relation to the right of asylum, and the natural and indispensable consequences derived front such right. This refusal on the part of your excellency to recognize principles which form the international history of nations, which serve to regulate their relations with each other, and which become and constitute an obligatory right and duty for the Qoun- try which has established and practiced them, 1 may be excused trom further con- sidering in my reply to this note of your excellency. I therefore leave in suspense all discussion upon thi? point uutilmy Government, acquainted with all of the facts, may resolve what it considers proper under the circumstances. At the same time I cannot refrain from calling the attention of your excellency to- assertions which I am unable to understand as satisfactory, and which without doubt must make a painful impression upon nly Government. / In the note of your excellency of 26th Septeniber, No. 304, your excellency recog- nizes, as your excellency was obliged to do, the perfect right with which the under- signed had proceeded in giving asylum to certain political refugees. Youi excel- lency states that : .' "The asylum emaualtedfrom the principle of extraterrit«riality inherent to the per- son, the house, and the vehicles of the diplomatic agent." ', In another part of the same note your excellency corroborates the same recogni- tion of this right, adding : 'f Not withstandingthatthis department has been inform edofthe measures that have been taken in order to prevent the refugees in said legation from abusing the protec- tion which had heen legiUmately afforded to them." / And again in the note of your excellency of 29th September, referring to arrests- which had taken place of various persons on going out of the legation, your excel- lency says that same resulted: "Not from the action or official measures of the au- thorities, looa,l or national, but from the concession, which the undersigned believes law- ful to certain offenders called political." ' ^'• It is then recognized by youi: excellency on three consecutive occasions that in 112 RELATIONS WITH CHILE • granting asylum to the political refugees this legation has acted with perfect cor- rectness in virtue of the principle of extraterritoriality accepted by your excellency, and this being so it is entirely inexplicable to the undersig^ned that your excellency could consider as submitted to the tribunals by the circular of 14ht September, 'the refugees in this legation, who are beyond the reach of your excellency, and of the judicial power to which your excellency refers. The house of this legation is considered as an integral part of the United States, and without the wiU and permission of my Government your excellency could not «onsider as subject to the judicial action of Chile those persons who, from every point of view, are beyond its jurisdiction. It is not possible to give, under those circumstances, to the circular of 14th Sep- tembei the significance which is attributed to it by your excellency ; and this cir- cular, to which your excellency attaches capital importance, loses besides its value . -and authority in view of tlve decree issu^ 19th instant by the Supreme Junta de Gobiemo, of which your excellency is the worthy secretary of foreign relations. In this decree is established that — "Until there shall be reestablished the proper administration of the constitutional powers the persons arrested for offenses committed during the dictatorship, or for complicity in them, shall not be put at the disposition of the regular courts, with the exception of those who shall be specially named." ■ In the note of your excellency of the 9th of the present month, No. 463, your excellency was good enough to say to me, as a reason ,or excuse for not conceding the safe-conducts, as follows : " Since was issued.the decree of Uth September last, by which were submitted to the judicial power the persons therein mentioned, the supreme Junta and its secre- taries have been deprived of the power to grant that which has been asked and which Mr. Egan believes, as in other circumstances it would be, a friendly mani- festation toward the North American legation." ' In view of the facts it is not possible for me to explain to my Government in a satisfactory manner the impossibility in which your excellency represents yourself to be to concede the safe-conducts solicited; since by the supreme decree of 14th September your excellency considers yourself unable to grant them by reason of the Supreme Junta having delegated its powers to the action of the tribunals ; and i by the supreme decree of the 19th of present month the Supreme Junta, not consid- ■ering reestablished the constitutionsS regimen, decreed that there should be placed at the disposition of the regular tribunals only such persons as they might determine. Your excellency has recognized that safe-conduct^ /mi-e been aiid may ie given as acts of courtesy and at tne spontaneous will of the govemmentf of your excel- lency. There can not, therefore, be cause for surprise on the part of your excellenc i the Government of the United States should interpret as an act of blit slight cour-j tesy and consideration, that the Chilean Government having the power in its hands to make this friendly manifestation should not wish to do so in accordance with the respect due to the invariable practice and international policy of Chile. Again renewing to youj: excellency the assurances officially and personally of my I^ighest consideration and esteem, I have the honor, etc., t Patrick Egan. [Inclosure 3 in No. 213 Official Bulletin.— Translation.] Decree of Junta de Goblerno, 19th October, 1891. Santiago, October 19, 1891. Considering that for the more rapid reSstablishment of constitutional and legal order in the republic it is necessary to impose restrictions upon individual guaran- ties with respect to the gersons compromised in transgressiojis during the dictator- ship; Considering that the .Junta del Gobierno finds it its duty to adopt preventive measures necessary to'make effective the responsibility of those persons, until there shall be reestablished the proper administration of the constitutional power; The Junta del Gobieruo decree's: That until shall be resetablished the functions of the constitutional power, the individuals imprisoned for criminal acts during the dictatorship, or implicated in them, will not be placed at the disposition of the or- dinary justice exoeptipg those who shall be specially named. The decree of the 4th of. September^' of the present year, in which' was ordered the reSstablishment of the ordinary tribunals, shall be understood and interpreted with the foregoing restrictions. Let it be recorded and published. (Signed:) Jorje Montt, Waldo Silva, Barros Luco, M. J. Yrarrazaval, M. A. Matta, Ysidoro Errazuriz, J. Walker, M. A. Holleyi Agustin Edwards. DIPLOMATIC COKKESPONDENCE. 113 [Inclosure 4, in Ko, 313 Translation.] Decree of Supreme Court, 17th October, 1891. Santiago^ Octoler 17, 1891. Be it known : -That Francisco Vargas Lazo, in the name of Don Malaquias Concha, has appeared before this tribunal making it known that (the) person in whose name he is taking action has been confined in prison since the 2d of the current month, and for this reason presents this demand, making use of his rights cited in article 134 of th^e constitution. ), Having brought the person detained before this tribunal and there reproducing the heretofore-mentioned complaint, accompanied with a copy of the order of impris- onment, it appears that he has been detained on the grounds of being a political offender. The report of the seflor " Intendente " of the province, which has been received to- day^entions the acts for which it is supposed he is responsible, and on the strength of which determined his arrest. Considering : r First. That the regular functions of the tribunals of justice being now established, that they should now proceed in accordance with the constitution and laws ; and Second. .That in judging the acts of which, according to the report of the seHor " Intendente," for which Don MalaqxRas Concha is supposed to be responsible, cor- responds solely to the ordinary courts Of justice. Being obvious, that disposed, in article 134 of the constitution it is defclared that the herein mentioned Don Malaquias Concha should be immediately placed at the disposition of the competent judge. . Signed: Barcel6, Riso, Vial, Eecabarron, Flores, Gallardo. Decree by the Excma. Oorte Suprema. [Inolosnre 5 in No. 213. — Translation.] Senor Matta to Mr. Egan. Ministry of Foreign Relations, Santiago, Octoler ^$, 1891. Sir : There has been received yesterday evening in this department the note of your excellency dated 22d, and the undersigned proceeds to return the necessary reply. , > As the principal points in question have been left by the honorable minister plen- ipotentiary to the consideration and judgment of his Government, from which he awaits the proper instructions, and as the facts and the time, on the one hand, and the governmental decisions, the judicial proceedings, and legislative measures on the other, must suppress the matter in debate, determining the situation of the persons for whom he requests safe-conducts, which the undersigned persists in denying, it is useless to continue an exchange of notes, which would only lead to a sterile dis- cuBsioh. ». -, J • 1 ■ J.T. For this reason the undersigned considers the > discussion closed, without m the least diminishing the consideration, official and' personal, toward the honorable minister plenipotentiary, and has the honor, etc., \ ' M. A. Matta. Mr. Egan to Mr. Blaine. No. 214.1 • Legation op the United States, Santiago, October 26, 1891. (Eeceived December 3.) Sib : I beg to refer to my No. 202, of 16tli September, and to say that the elections held on 18th of present month resulted very nearly as I then predicted. In the new Senate there wiU be but 3 Conservatives or members of the Clerical party, the other 29 being composed of the different groups of Liberals and Eadicals : and in the Chafliber of Deputies, 35 Conserva- tives and 59 Liberals and Eadicals. There is also a substantial iii.i- 114 , RELATIONS WITH CHILE. jority of the presidential electors on the side of the Liberal party, but up to the present there is no certainty, and even very little idea, as to •who will be selected for the presidency. I have, etc., ' Pateick Egan. 3Ir. Blaine to Mr. Ugan. • [Telegram.] Department 015 State, Washington, October 38, 1891. Mr. Egan is instructed to maintain his present position, and is authorized to draw on the Department for money to meet the extra ex- pense if needed. Mr. Egan to Mr. Blaine. , [Telegrain.l « Legation op the United States, Santiago, .October ,28, 1891. Mr. Egan reports that he has written a note dated October 26 fol- lowing closely the instructions sent him in regard to the assault upon the Baltimore's men and that, in Ms reply thereto, the minister of foreign affairs says that the Government of the United States formu- lates demands and advances threats that without being cast back with acrimony are not acceptable, nor could they be accepted in the present case or in any other of like nature. He does not doubt the sincerity, rectitude, or expertness of investigation on board the Baltimore, but will recognize only the jurisdiction and authority of his own country to judge and punish the guilty in Chilean territory. He says the ad- ministrative and judicial authorities have been investigatiug affair; that judicial investigation under Chilean law is secret and the time is not yet arrived to make known results ; when that time does arrive wiU communicate result, although he does not recognfee any other authority competent to judge criminal cases than that established by the Chilean people. Until the time arrives to disclose the result of in- vestigation he can not admit that the disorders in Valparaiso or the silence of his department should appear as an expression of unfriend- liness toward the Government of the United States which might put in peril the friendly relations between the two countries. Mr. Egan adds that Oapt. Schley reports that the ofilcers of the Baltimore were refased permission to be present at investigation and that the Ameri- can sailors were obliged to sign a paper in Spanish which they did not understand. , He wiU not" answer the foreign office note until he re- ceives instructions. DIPLOMATIC COEEESPONDENCE. 115 I Mr. Bgan to Ji£r. Blaine. Ko. 217.] ' Legation op the United States, Santiago, October 28, 1891. (Eeceived December 3,) Sir: On 23d instant I received from Capt. Schley, of the United States man-of-war Baltimore, a communication, inclosure No. 1, trans- mitting, by order of the Secretary of the Navy, copy of the report of a board of investigation held on board of the Baltimore into the circum- stances of an attack made upon a number of the sailors of that ship on the 16th instant in Valparaiso (inclosure No. 2). On same day I had the honor to inform you of same by telegraph. The following day, Saturday, 24th instant, at night, I received your telegraphic dispatch, and in accordance with the instructions therein contained I addressed on Monday morning a note to the minister of foreign relations (inclosure No. 3) conveying particulars of the kiUing of Charles W. Eiggin, the wounding and death of William TurnbuU, and of a number of cases of wounds inflicted upon others of the United States sailors, together with particulars of a number of cases of brutal treatment on the part of the police inflicted upon the men whom they arrested; and I conveyed to the honorable minister the views of my Government in the terms, and almost in the exact language, of the telegram. I immediately informed you by telegram of having done so. I inclose a translation of the reply of the minister of foreign relations dated 27th instant, taclosure No. 4, in which he says that my note of 26th instant emits appreciations, formulates demands, and advances threats that, without being cast back with acrimony, are not accepta- ble, nor could they be accepted in the present case, nor in an,y other of like nature. He maintains that the only authority having the power to deal with .such cases occurring in Chilean territory is that estab- lished by the Chilean people, that local authorities are now engaged makii^g' investigations, the results of which when completed he will communicate to this legation, and he declines to accept that there was .anything in the occurrence which took place in Valparaiso that could imperil the maflitenance of friendly relations between the two coun- tries, I at once conveyed a synojpsis of this letter by telegraph, and at the same time I conveyed the information given me by Cap^. Schley, that permission was refiised to one of his officers to be present at the investi- gation and that his men were obliged to sign a paper in Spanish which they did not understand. I shall await instructions before replying to this note. I have, etc., Patrick Egan. [Inclosnre 1 in No. 217.] ' Cofptain SMeij to Mr. Ugan. U. S. S. Baltimore (Fikst Eatb;, Valparaiso, Octoler S^, 1891. Sir: In accordance with, instructions Received from the Hon. Secretary of the : Navy, I have the honor to inform you that I have instituted a board of investiga- tion, composed of oarefaUy selected officers, to investigate the causes leading to the disturbances which took place on the evening of October 16, while my men were op liberty on shore at this place, during which boatswain's mate Charles W. Eiggin was killed; carpenter's mate John Hamilton, landsman John H. Davidson, seaman apprentice John W. Talbot, coal-heaver Jerry Anderson, coal-heaver George Panter, an-^ ^-^ ^ ' - - n nlj stabbed witlj dirks and bayo- 116 RELATIONS WITH CHILE. (nets, were assaulted and beaten with clubs, and knocked down with stones, while many others of the crew were less seriously injured. As nearly as the origin of the outbreak can be established, it may be traced to a quarrel between Eiggin and a Chilean sailor about 6 p. m. in a saloon. It appears that Talbot came into the saloon at that moment, and, approaching them, he states that the Chilean sailor spit in his face and that he knocked the sailor down. At all events, there appears to have been a crowd on the outside ready and waiting, as numbers of men immediately rushed into the saloon and began the assault on these two men. They escaped and took refuge in a street car then passing, but were as- sailed there and dragged from the car, and Riggin was stabbed in the back many times by the crowd and left to die in the street. When he was picked up by a ship- mate, Ajmorer Johnson, and in his arms to be taken to a drug-store near by, a squad of police appeared on the scene and one of the number deliberately fired upon these two men. One of the shots entered Riggin's neck, killing him almost instantly. Talbot escaped with a number of severe stab-wounds m the back, two of which penetrated the lungs, and was arrested by the police subsequently, in a house where he had fled for safety. Coal-heaver Jerry Anderson was robbed by a mob of least twenty-five persons in broad daylight, and then knocked down and dangerously stabbed several times in the back, one wound penetrating the lungs. This occurred before the disturbance later in the afternoon. Coal-heaver William Turnbull was stabbed eighteen times in the back and beaten with clubs. As two of the wounds penetrated the lungs, his condition is most crit- ical. Carpenter's mate John Hamilton was knocked down with stones and then stabbed seriously in the buttock, groin, and back, and has many other bodily injuries. He was afterwards brutally dragged in an unconscious condition by two policemen to the careel. ♦ Coal-heaver George Panter and landsman John Davidson were severely wounded with stones, clubs, and cut with knives. Many others of the crew were assaulted and stoned and clubbed and cut with knives, though to a less serions extent. Com- plaint is made by several men that after arrest they were " nippered" with cat-gut cords and dragged to the station. In one case a lasso or lariat was used. The fact that a number of the wounds are recognized as bayonet wounds would appear to point to police participation in some few cases, though I am glad to be able to say that there were some instances in which the officers intervened most courageously to protect our men against the mob. Thirty-six of my men were arrested and detained in prison and.in hospital, then examined, and ultimately discharged, as no proof of their guilt could be adduced. I can personally bear witness to the sobriety, orderliness, good behavior, and polite- ness of my men to Chilean officers up to 5:30 p. m., when I left the shore, returning to my ship. This fact is corroborated later by many eye-witnesses on shore at or after 6 p. m., when the disturbance occurred. It is believed that the assault was instigated by Chilean saUor^ recently discharged ftom the transports, together with the longshoremen, and that it was premeditated. Several of the men were told to keep within doors after night, as an assault upon them was intended by the crowds. That this was so is shown from the attacks made in widely,separated localities in the town while the men were at supperin the hotels and restaurants. It is not believed that the sailors of the Chilean fleet as- sisted in this work of butchery, as there are instances in which some of them gen- 1 erously assisted our men against the mob andinto places of safety, ajidit is a pleas- ( ant duty to dispel this infamous idea as published in the press of Valparaiso. I can assure you most positively that my men were unarmed and defenseless, and the fact that the police authorities faUed to discover an instrument beyond several small pocket knives and a small iron pestle about 4 inches long, such as druggists use, that could deserve the name of a weapon, is a most complete refutation of this charge. 1 transmit a copy ot the report of the board, and would add that the testimony therein given is corroborated by a score or more of eyewitnesses who denounce the assault as unprovoked and brutal beyond expression. In times of peace, in the port of a nation with whom we are on terms of amity and friendliness, this brutal assault and butchery of my men is an indignity of such OTavity that I have beenobU^ed to refer it in plain terms to the honorable Secretary of the Navy, and m transmitting the report to you I feel certain that it wUl receive both from yourself and from the authorities that attention and that serious consid- eration which it merits, T ^ '"ps* add that his exceUency the Intendente of Valparaiso and his honor the Juez de Crimen were most humane in hastening the hearing of mv men and in promptly discharging them when no guUt appeared. I have, etc., W. S. SCHUEY, * Captain Commanding. DIPLOMATIC CORRESPONDENCE. 117 [Inolosure 2 in No. 217.] Report to Captain ScMey iy the Board of Investigation. U, S. S. Baltimokb (First Rate), Valparaiso, October 19, 1891. SiK : la obedience to your order of October 18, 1891, to investigate the disturbance which took place on the 16th insts^nt, while our men were on liberty on shore, result- ing in the death of Boatswain's Mate Charles W. Riggin, U. S. Navy, arid the wound- ing of six others of the liberty party, we have the honor to submit the following report: On the afternoon of October 16, 1891, about Sip. m., a liberty party of about 120 men went on shore, C. W. Riggin (B. M. ) being among the party. During the remainder of the afternoon our men were seen by several officers of the ship strolling about the streets in a sober and orderly manner, saluting all ofS- cers, American and foreign (especially Chileans). As far as we have been able to learn from a large number of witnesses who were on shore from this ship, there was no trouble of any moment till a little past 5 p.' m. About this time a large mob, made of civilians, sailors, and soldiers, began throw- ing stones and shouting "Yanks" at two or three of our men near a saloon called the ".True Blue." From this time on the mob increased, and wherever aiy of our men could be found they were stoned, beaten and stabbed. This was not confined to the above-mentioned l9cality, but extended up town as far as " Plaza Victoria." The trouble was not the fault of our men, but was caused by the bitter feeling of the mob against our men and the desire to rob them, as several cases of men being robbed occurred in broad daylight. The police not interfering, the, worst of the assault lasted about an hour, and there are many complaints made by the me^i of brutal treatment at the hands of the police, such as being assaulted with the buts of muskets and kicked, taken to the police station by mounted police, having catgut " nippers " around their wrists, and/ in one base the arrested man was taken with a lassoj around his neck. The following are some of the cases of brutality committed by the police : E. [. I. S. Hodge (S. A. I. C. ), U. S. Navy, says that in company with Davidson he started from the Mole to the scene of the riot, when they were assaulted with stones ; also that an officer wearing a white cap struck at him with a swofd, when he ran. He saw Davidson being beaten, and was then himself arrested. I.Butler (S. A. I. C), U. S.Navy, says that he saw Hamilton at the pohoe station lying wounded on the floor. He endeavored to make a pillow for him with his shirt, but was threatened by a policeman with the but of a musket and made to stop. C.G.Williams (S. A. I. C), U. S.Navy, says that he was arrested by a mounted poUceman, who put a " nipper" around his wrist and started Ms horse on a gaUop, throwing him down. After he got on his feet the policeman walked his horse to the C MoWilliams (C. H.), U. S. Navy, says that he was arrested and taken to the police station with " nippers " on each wrist and a lasso around his neck, and was also bitten in the arm after being arrested. , ., , ^ . ^ -. ^-u w J. Qujgley (C. H.), U. S. Navy, says that whilst trying to esoape,frQm the mob he was struck with a sword by a police officer. v t,„/i J. Talbot (S. A. I. C), U. S. Navy, says he was arrested m a saloon -s^pre he had closed himself up for safety. He was taken by two poUcemen (one an officer) to the . neighborhood of the Intendtencia, and was there turnefd over to a mounted policeman- anf one foot policeman, and "nippers " placed on his wnsts. On the way to-the^police station he was repeatedly struck by the policemen with their fists. On arrival there it was only by urgent demands of one of the men that Talbot's condition received attention. He was finally taken, in company with Panter and Hamilton, to the ^ ^^ The men aa" wire stabbed were all stabbed in the back while either running before the mob or after having been knocked down .on their faces with stones etc The ciscumstanoes of the killing of Chas. W. Riggm (B. M.), IT. S. Navy, were-as *^°M Spears that C. W. Riggin and an apprentice named J. W. Talbot were drinking in a saloon called the " True Blue " with a Chilean sai or. A dispute arose and the Chilean spit in Talbot's face. Talbot knocked the Chilian down, and dunng the fight between them there a mob of sailors and civilians rushed m -ipontliem. Rig- gfn and Talbot forced their way out and jumped on a passing horse oar The mob boarded the oar and forced the two men off the rear platform. They again ran, after ^^ThinlxUnfoTmatfon'^ehave of Riggin was, he was seenby J. M. Johnson (armorer), 118 RELATIONS WITH CHILE. U. S. Kary, in the hands of a crowd, being stabbed, Kiggin at the time being down and four policemen standing around him. The locality was Calls Arsenal, .mhnson saw the stabbing from an upper room of an English boarding house. The mob left Biggin andjohnson went to his assistance. He found him face down and apparently dead, with several stab wounds. Johnson raised him, and after a few minutes Eiggin showed signs of Ufe. Johnson attempted to carry him to a drug store near by, but had proceeded but a short distance when he saw a squad of police with fixed bayonets charging up the street. When at close qaarters they fired at Johnson, the muzzle of one piece being so near that Johnson's face was blackened by the discharge. A second shot was fired from Johnson's right, the bullet passing over his right breast, through his overshirt undershirt and neckerchief, and striking Eiggin in the neck. His head fell on Johnson's left arm, as though his neck had been broken. Some one in the crowd shouted to Johnson to drop him or he would be the next. Johnson dropped Eiggin and escaped. Later in the evening Biggin's body was taken to. the hospital. In addition to the killing of Eiggin, a number of men were wounded in different ways, as follows : W. Tnmbull (C. H.) has eighteen wounds in back, two of them entering the Inng; also two contused wounds of head and several other bruises. Some of his wounds were made with a bayonet. J. Hamilton (C. M.) has a wound of buttock and right loin, two contused wounds of head, and several stabs in back made with bayonet. J. Talbot (S. A. I. C.) has two penetrating wounds of back, which entered the lung between the seventh and eighth ribs also a number of severe bruises aboat the body. Gr. Panter (C. H.) has one contused wound of head and a number of severe bmises. J. H. Davidson (Lds.) has a contused wound of the head, and his body severely bruised. J. Anderson (C. H.) has two incised wounds of back, on left side, one made with a bayonet, entering the lung. This wound is downward and slanting between the seventh and eighth ribs, and is 5 inches in depth. It is of a very serious nature. W. Caulfleld (P. M.) has a severe contusion of right knee and'calf of right leg. J. Quigley (Q. C.F.) has severe sprain of right thumb. F. Clifford (Drum.) has contusion of left eye. M. HouKhau (Q. C. F.) has an incised wound of left thumb, extending down to the bone and joint and may leave him a stiff joint. T. Smith (S. A. Q. C.) has an incised wound of the scalp on right side, and his body is severely bruised. J. Butler (S. A. Q. C.) has an incised wound on right side of scalp; aLso a severe contusion- of right arm and leg. J. McBride (J. C. F.) has an incised wound of left wrist and a contused wound at back of the head. , J. GUlen (C. H.) has sprain of left wrist. W. Lacy (C. H.)has contused wound of back of head and incised wound of elbow joint, which may leave him with a stiff joint. E. I. Hodge (S. A. I. C.) has two contused wounds of the head, made with a blnnt instrument. I. Eooney (C. H.) has body severely bruised Ijy clubs and stones, which may be followed by pneumonia. H. Fredericks (O. S.) has an incised wound over right in which all, and especially the American sailors, fought with stones, clubs, and bright arms {armas bltincas). '^he police and soldiers who arrived at the place only tried to make peace and to arrest those most actively engaged on account of the state of excitement or drunkenness in which they were, and to disperse the crowd. " An hour after, at 7.30 o'clock, all was quiet and the persons captured were placed at the disposition of the judge of crime, who arrived at the place. " When the police force arrived there was heard behind the back of the captain commanding a shot from some firearm. The captain turned around immediately and saw a sailor of the Baltimore fall wounded in the neck. The shot had no doubt been flred from a considerable group of people which was there. It was impossible to discover who had fired or who was with firearms, a thing which can be easily un- derstood if there be taken into account the fact that the occurrence took place in the moment in which the police force arrived at. the Plaza Echaurien. The officer dismounted, attended to the wounded man, and conducted him to the drug store of Sefior Guzman, in order to procure him medical attendance, and afterwards sent him to the hospital : unfortunately, however, he died on the way. ' " I do not believe, Mr. Minister, that the local authorities could have done more than they did upon the occasion of this unfortunate occurrence, in view of the local- . ity in which it tookplace, the deficiency of the police to look after this extensive and irregular population, and the imprudence of landing on shore at one time 160 men of the crew of the Baltimore, according to the reports of the police. ^ " The precise cause of the disorders it has not been possible to ascertain. I do not know if it will appear from the summary now in progress, but everything goes to show that it began by a fight between some drunken sailors, the same as had taken place a few days before between spme German and Chilean sailors." According to the rule which governs criminal prqceedings, while the facts are being investigated the process is l£e;pt secret, and hence neither the Intendente of Valparaiso nor the undersigned are in a position to know more than appears from the declarations Snd reports of certain and specified persons, and are not able to affirm or deny anything in relation to the result at which the judge may arrive in his investigations, which arethe more prolonged and complicated the greater are the number of culprits or persons responsible for the crime. Maintaining the offer made to that legation to communicate whatever may result from the conclusion of the process and being sure that the real culprits being dis- covered the proper punishment will take place, the undersigned renews to the honorable erfvoy extraordinary and minister plenipotentiary the expression of his high consideration. ,, . ,, ^ M. A. Matta. TV [Inolosnre 3 in No. 220.] Capt. Schley to Mr. Egwn. U. S. S. Baltimore (First Rate,) Valparaiso, jffovemberl, 1891. Sir- I have the honor to inform you that the following persons have stated that they ;ire able to testify to facts and can give names of iudividuals who saw and can recognize some of the mob who assaulted and stabbed my men on the evening of the Thorn ™Eiley, keeper of the "Horse-Shoe Bar," is now in Santiago with the Eng- lish Opera Company. He can give the names of a number of people who saw the stabbing and shooting of Riggin and other attacks on my men. Andrews Lofqaist, having been an .eye witness, can testify to the shootmg and ^^Ch^arifs Lanctorgave one of our men citizen's clothes and helped him, after being chased from the Mole up to the Hotel Colon. He can give names of several others who witnessed the assault and can testify that men were sober, and saw Eiggm and another man dragged from the car and stabbed. He also knows the names of some others who saw the assault. ,, ■, j.. j? t.- ■ j „„„'„i* „„ Edward Parry, at Lever & Murphy's, saw the shooting of Riggin and assault on other men. He Is an important witness. . .,„„„„„„„ John earthy, a negro, now held in jail, saw the killing of Riggin, and can name three men whom he says he saw stab him. „„j „„,, Capt. Jenkins, of the steamer Keweenaw, saw the assaults of the mob, and can give names of people who saw the assault and are familiar with the details. 126 RELATIONS WITH CHILE. T have informed the Intendente that I had no doubt if application were made to you the information requested in hia letter would be furnished, and to that end I inclose his' letter to me and my reply. Very respectfully, etc., * W. S. SCHLET, - Captain, Qommanding. [rnolosure 2 in 'So. 220.] Capt. Sehley to Mr. Egan. U. S. S. Baitimorb (First Eate), Falparaiso, November 1, 1891. Sir : In reply to your letter of October 31, inclosing a copy of a communication from the minister of foreign affairs, I would state that neither my letter nor the report of the board of investigation charges the police force and its officials as a body with participation. My report to you states that " the fact that a number of the wounds are recognized as bayonet wounds would appear to point to police par- ticipation in some few cases, though I am glad to be able to say that there were some instances in which the officers intervened most courageously to protect our men ' algainst the mob." Complaints are made by men whose names are given in the report of the board of investigation of brutal treatment by those police into whose hands they fell, and I have mailed you a number of names of persons who may be able to give information that will lead to a fuller development of all facts bearing upon this disturbance. Until all information is before the Intendente and the investigation shall have been concluded, I am unable to understand how he has arrived at the conclusion that the charges made in several instances against the police are inaccurate and could not have been committed by them. The fact that my men, numbering in few cases more than 5 or S, were attacked by & mob of 2,000 men, and that those of them who were arrested were found when searched to possess only six or seven small pocket knives, is a complete refutation of the statement that they were armed as charged by the intendente. I hope that when the persons are examined, whose names I have sent you, it will be shown that the opinions of the Intendente were expressed in the absence of all the facts of the case and are from that point of view inexact. I can personally testily to the orderly behavior, politeness, and sobiSety of a very large number of my men whom I met strolling about the streets up to 5:30 p. m., when I left the shore, and as the disturbance originated about 6 o'clock, by Riggin's dispute with a Chilean sailor, at which time Riggin must have been sober, as Mr. Lanctot can testify to his and his companions' sobriety when dragged from the oar a, few minutes before Riggin was killed. As to who fired the shot which killed Riggin, I think some light will be thrown upon the subject by some of the witnesses whose names I have transmitted this morning. The attack of 2,000 people upon a few unarmed and defenceless men (and I say •defenceless because, when searched by the police, only six or seven pocket knives were found and returned to me by the Intendente after the men's examination, with the death of one on the spot and one subsequently, and the mutilation, by stab wounds in their backs, of many others) surely merits to be called a brutal attack. I have the honor, etc., W. S. Schley, Captain, Commanding. [Inclosure 1 to inclosnre 3 in No. 220.] The Intendente of Valparaiso to Capt. Schley. [Translation.] Republic of Chile, Intendencia of Valparaiso, Valparaiso, October S9, 1891. The judge of crime has addressed to me an ofScial letter of yesterday's date, as fol- lows : "In the proceedings instituted against Charles G. Williams and forty others in the matter of a dispute between North Americans and Chileans, dated on yesterday, the following is decreed : DIPLOMATIC CORRESPONDENCE. 127 "It being expedient, for the furtherance of investigations, to make use of the in- formation which the commander of the Baltimore and the North American consul have been able to obtain, the intendente of the province is instructed to procure from said functionaries the data referred to. " The above is hereby communicated for that end. " God guard you. "E. Foster Rbcabarkbn." I have the honor to trantoit the same to you for the end in view God guard you. J. DE Dios Arlegui. [Inclosure 2 to inolosure 3 in No. 220.] Capt. Schley to the Intendente of VaVpwraiao. U. S. S. Baltimore (First Rate), Valpa/raiso, November 1, 1891. Sir: In reply to your excellency's note, dated October 29, I have the honor to in- form you that as the matter to which it refers has been transferred by my Govern- ment to the minister, Mr. Patrick Egan, envoy extraordinary and minister plenipo- tentiary at Santiago, I would respectfully state that I am of- opinion that if appli- cation be made to him, your excellency will be supplied with the names of several individuals who wiU be able in their turn to give you other names of persons who saw the killing of Riggin and the wounding of a number of others of my men during the lamentable disorders of the 16th ultimo. Regretting that I am unable to furnish, directly,, the information you have re- quested, I have, etc., ' W..S. Schley, ^ Captain Commamding. [Inolosure i in 'So. 220.] Mr. Egan to Capt. Schley. IiEGATION OP THE UNITED STATES, Santiago, Novmiber S, 1891. Sir : I beg to acknowledge receipt of your two coiamunioations of yesterday, with inclosures, and I am also in receipt to-day of a telegram from the Secretary of State on same subject, copy of which I inclose for your information. Prom this telegram yotl will perceive that the Department sees no objection to officers or men df the Baltimore giving evidence before the judge of crime, provided they "be accompanied by a friend as counsel and be allowed to express themselves in their own language, openly and not secretly." ^ As the Intendente may take your answer of 1st instant as final and may not com- municate the request for evidence through the department of foreign relations to me, I would suggest to you the advisability of again putting yourself in communica- tion with him with a view to the production of this evidence, upon the conditions laid down in Mr. Blaine's telegram. There could also b^ no objection now to your giving to the Intendente direct the names of the witnesses which you have men- tionedin your letter to me. If the evidence be accepted by the authorities, upon the conditions, you wiU no doubt be allowed the privilege of reading the documents signed by the American Bailors in their examination before the judge of crime referred to in your reports, in which case you will oblige me by sending me copies, or if copies be not obtainable, a statement of what such documents contain. I remain, sir, your obedient servant, Patrick Egan. 128 RELATIONS WITH CHILE. [Inolosure S in ITo. 220.] Mr, MeCreery to Mr. Egan. United States Consulate, Valparaiso, November H, 1891. Sir: On the 23d September last one of the men from the German vessel of war named Nemman was on liberty on shore and was seriously stabbed. Jndge Foster, of the court of crimes, the same judge and court who hare investi- gated the Baltimore killing, investigated the case, and at the investigation the secre- tary of the German consul at this port was present by permission of the jndee. This permission to be represented at the investigation held by the same judge at the same court was denied to Capt. Schley, who made application for same to the In- tendente and to the same judge. The investigation in reference to the stabbing of the German sailor was made on the 28th day of October. There is no cLuestion in relation to the facts herein communicated. I am, etc., Wm. B. McCbeert, United States Consul. Mr, Blaine to Mr. MeCreery. [Telegram.] Department of State, Washington, Wovemier 3, 1891. Give me all the facts you have and aU th,e information you can get relative to riot. Use naval cipher. Mr, Egan to Mr, Blaine, ' [Telegram.] Legation of the United States, Santiago, November 7, 1891. Mr. Egan reports the ill treatment of Patrick Shields, a fireman of tte U. S. S. Keweenaw, and an American citizen, who, according to a report from the United States consul at Valparaiso, was arrested for diTinkenness, & charge denied by him, kept for several days in jaU with- out process of law, forced to sweep the streets and brutally beaten .by poUce officers. The consul says that he has been medically examined and found to be in a serious condition, and that the local authorities have been remonstrated against. Mr. Egan to Mr. Blaine, [Telegram.] Legation of the United States, Santiago, November 7, 1891, Mr. Egan reports the attacks, which a certain part of the press has been directing against the legation for some days and alleging a con- spiracy, in which the reftigees in the legation are represented as being implicated, for the purpose of murdering the commander of the army. DIPLOMATIC CORRESPONDENCF 129 and mentions one newspaper report according to which the plot origi- nated in the legation, and announcing the arrest of eighty persons. In consequence of this a public meeting was called last evening, at which speeches were made against the alleged conspiracy and resolutions passed calling on the Government to request the delivery of the refu- gees. Threats of violence against the legation had been previously cir- culated without hindrance. He says that no hostile demonstration was attempted, the Government having sent a force of cavalry near the legation after the receipt of his note calling attention to the situation, denying in toto the charges of conspiracy made against the United States legation and holding the Government responsible for any dis- respect shown to the legation. He says that a proclamation was issued by the governor of the province, after the meetihg had been held, de- nying that any designs had been entertained against the life of Col. Canto, or any arrest made, or any necessity existed for a judicial in- vestigation, but adds that some denial should have been made public prior to the meeting and before the legation had been permitted to be publicly denounced. Mr. JEgcm to Mr. Blaine. No. 222.] Legation op the IJwited States, Scmtiago, November 7, 1891. (Eeceiv^d December 14. SiE : I beg to refer to my 'So. 220 and have now the honor to inclose a communication from Capt. Schley, of the Baltimore, under date of 3d instant, Inclosure No. 1, transmitting to me copy of a letter which he had addressed to the Intendente of Valparaiso, Inclosure No. 2, giving names of a number of important witnesses, including several of the crew of the Baltimore, whom he* is prepared to produce upon the conditions set forth in your telegram of 1st instant, together with the reply ot^he Intendente, No. 3. ' I also inclose copy of letter dated 6th instant, received from Unitea State consul at Valparaiso, Inclosure No. 4, informing me that at the investigation into the case of the German sailor who was stabbed re- cently, the secretary of the German consulate was only allowed to be present while the companions of the wounded man were giving their evidence and not during the entire investigation. I have, etc., Patrick Bgan. [Inclosnre 1 in TSo. 222.] Capt. Schley to Mr. Egcm. U. S. S. Baltimore (first Kate), Valparaiso, Chile, November S, 1891. Sir : I iave the honor to inclose herewith my letter to the Intendenteas suggested by you in accordance with your instructions and my 'own upon that point. I inclose also a translation of the Intendente's reply. I am, etc., ' ' W. S. ScttLElr, _ Captain, COMmariding, 9 130 RELATIONS WITH CHILE, [Inclosure 2 in No. 222.] Capt. Schley to IntendenU of Valparaiso. U. S. S. Baltimore (first bate), Valparai»o, Chile, November 3, 1891. Sir: Since my letter of November 1, referring to the matter of famishing facts in my possession relating to the .disturbance of October 16^ I have the honor to say that I can now furnish you with a list of several names of persons who are cognizant of facts bearing upon that unfortunate occurrence. I have the honor to state that as far as my men are concerned, who can testify as to indignities at the hands of the police after arrest, I can only permit them to tes- tify if accompanied by an ofScer as counsel and allowed to express themselves in their own language, openly and not secretly. In this event I would respectfully request that Imay be allowed the privilege of reading the evidence given. I inclose herewith a list of names that will assist the authorities in their investi- gation : Thomas Eiley, keeper " Horse Shoe Bar." Andrews Lofquist, Valparaiso. Charles Lanctot, Lever & Murply's. Edward Parry, Lever & Murply's. John Cartley (or Carthy). Capt. Jenkins, Commanding Steamer Keweenaw. Dr. Stanley, now on board this ship. , J. M. Johnson, armorer U. S. S. Baltimore. C. G. Williams, apprentice, U. S. S. Baltimore. P. McWilliams, coal-heaver, U. S. S. Baltimore. . J. Qnigley, coal-heaver, U. S. S. Baltimore. J. W. Talbot, apprentice, U. S. S. Baltimore. J. Butler, apprentice, U. S. S. Baltimore. There are several others whose addresses are not known at this time, but I will take pleasure in transmitting tliem to your excellency aa soon as I shall obtain them. I am, etc., W. S. SCHLKY, Captain, Commanding. [Incloaure 3 in No. 222. — Translation.] Intendente of Valparaiso to Captain Sehley. INTENDENCIA OP VALPARAISO, ChILI, Valparaiso, November S, 1891. To the commanding offloer of the United States eruiser Baltimore: I have had the honor to receive your note of this date, m which you were pleased to inclose a list of names of persons cognizant of the facts which relate to the unfor- tunate incident of the 16th of October past. I am pleased to inform you that your note has been transmitted to the Judge of Crime, who, having in mind the rules of criminal procedure established by our laws, will decide what to permit in order to satisfy the wishes manifested by you. God guard you. J. DE Ds. Aklegui. [Inclosare 1 in No. 222.] Mr. McCreery to Mr. Egan, United States Consulate, Valparaiso, Chile, November 6, 1891. Sir: Eeferring to my communication to you of the 2d instant in reference to the Secretary of the German consulate being present at the investigation concerning the stabbing in this city of a seaman belonging to the German vessel of war, upon flir- ther inquiry I learn that, at the time that said secretary was present only Germans, DIPLOMATIC COBEESPONDENCE. 131 comiades of the, injured man, were examined, but he was not present at the remain- der of the investigation of the case referred to, if any further investigation was made, m'niif -^^ I am, 8ir,^to., Wm. B. McCbeery, United States Consul. Mr. McGreery to Mr. Blaine. [Telegram.] Consulate op the United. States, Yaljaaraiso, November S, 1891. Capt. Schley returned with the Baltimore from Mollendo, Peru, Sep- tember 14 and the usual courtesy and hospitality of the city was tend- ered to the officers and the crew by the captain of the port, as is cus- tomary. On October 16, the excitement having subsided, Capt. Schley granted leave for twenty-four hours to about 100 of the crew, exactly the same aswasbeingdoneby all of the foreign men-of-war in the harbor. He assures me that at 5:30 p. m. of that date his men were orderly, sober, and well-behaved to everybody they were meeting in the streets. , This is corroborated by many others. The disturbance appears to have originated about 6 p, fa. ia a saloon between one of the crew of the Baltimore and a Chilean, who spit in the face of one of the crew of the Baltimore who entered at the moment. The Baltimore man knocked down Chilean. Then crowd rushed in from the street upon these two men, who escaped, taking refuge on a passing street, car, from which they were forced, and both of them were dangerously wounded, Eiggin so seriously that he was left to die in the street, and the other, Talbot, escaped and subsequently was arrested. Several others were seriously wounded. The assault on the Baltimore men lasted about one hour. Seems not to have been confined to one locality of the city, but occurred in several, widely separated. Thirty- six of t\ie> Baltimore men were arrested, five were taken to the hospital, the remainder to prison. These men com- plained of harsh treatment; several instances at the hands of the police after arrest, and that catgut nippfers were placed arotind wrists and, in one case, lasso was used to take them to jaU, One of the Baltimore men who had taken Eiggia in his arms from the pavement while he was wounded declared that then he was shot by one of a squad of po- lice coming on the scene. The disturbance occurring towards dark, and the men strangers, it is difficult to identify perpetrators of the out- rage. Civilians who witnessed the affair fear to testify lest they be thrown out of employment or lose their lives. Capt. Schley visited the governor on October 18 and asked for imme- diate investigation of all the facts and the circumstances connected with the affair, requesting representation at the examination. The governor replied that all he could do was to advise the captain to make application to the judge of the criminal court. Application was made to the judge for representation, and denied on the ground that the proceedings were secret. Capt. Schley appointed a board to investi- gate the circumstances connected with the affair. Synopsis of report telegraphed by him to the Secretary of the Navy. The men in jail were examined secretly and before their discharge were required to sign a paper in Spanish which was explained to be merely a matter of form 132 RELATIONS WITH CHILE. statmg that signer took no part in the affair. Tumbull, one of the Grounded, died October 25 from injuries received. The court has asked for the appearance of several of the wounded of the crew of the Balti- more to identify the parties in custody of the court. The men not able yet to appear. McCkbbet, Gonsul. Mr. Uga/n to Mr, Blaine. No. 223.] Legation op the United States, Santiago, UTovemher 9, 1891. (Received December 14.) SiB: Inclosed I have the honor to hand copy of letter received from the United States consul at Valparaiso, dated 4th instant, inclosure No. 1, transmitting to me copy of his letter to the Intendente of Valpa- raiso of same date, inclosure No. 2, giving particulars of complaints made^ by Patrick Shields, fireman on board the U. S. steamer Keweenaw, of the brutal treatment which he says had been inflicted upon him by the pohce after he was arrested on a charge of drunkenness. I also inclose the medical report of Dr. Stephen S. White, of the Baltimore, inclosure No. 2, copy letter United States consul 5th instant, inclosing copy of reply from the Intendente, inclosure 3, and a further letter dated 7th instant, from the consul, inclosure No. 4, stating that chief of police says that the name of Shields does not appear upon the books of the police station, which confirms Shields' statement that he was put on the streets to work and subjected to the bad treatment of which he com- plains without having beeij brought before any court or judge, although the constitution of Chile provides that all persons arrested must be brought before the Judge of Crime within twenty-four hours from the time of the arrest. I fuUy informed you of this case by telegram on 7th instant. Whatever may prove to be the real faets of the case, the man is very badly injured, and the consul will lose no time in pressing forward the investigation. I haye, ete., Patbioe EaAN. [Inolosnie 1 in Ko. 223.] Mr. MeCrtery to Mr. Egan. United States Consulate, Valparaiso, Novemter 4, 1891. Sir : I inclose herewith for year informaiion copy of a commniiication this day sent by me to the Intendente of this province, and also copy of a letter written by Stephen 8. White, M. D., to Capt. Schley of the U. S. S. Ballxmore and by him re- ferred to me. Very respectfully, etc., Wm. B. McC«eert, United States Consul DIPLOMATIC CORRESPONDENCE. 133 [Inolosure.] Mr. McCreery to Intendente at Valparaiso. Consulate op the United States, ValparaisOf November 4, 1^891. Sir: I have the honor to inform you that on yesterday morning, Patrick Shields, a fireman belonging to the American steamer Keweenaw, presented himself at this con- sulate and made complaints in substance as follows : " On the 24th day of October I was given libertj' by the captain of the Aeweenaiv to come on shore j the same day I was arrested by the city police and placed in prison ; on the way to jaU the policeman struck aud kicked me several times. Subsequently, I was released from jail and again arrestedj and while in jail was kicked and beaten by the police and inmates of the jail. Whale there I repeatedly made application to see the United States consul or the captain of my vessel, and' was denied. I was finaUy released on the evening of the 2d instant, without being able to ascertain the cause of my arrest, and was never brought before any court or charged with any crime or misdemeanor. The first night I slept on the hill, in the open air, and was told that an American citizen's life was not safe in Valparaiso. I am in need of medical attention, and apply to the consul for relief." I immediately sent him on board his vessel and requested Capt. Schley, of the U. S. S. Baltimore, to send a surgeon to administer to his wants, who reports to me that this seaman's injuries are of a very serious nature. I hereby request of your excellency that an immediate investigation be made as to the facts and circumstances attending the injury and treatment pf this man, and that the United States consul, or some one by him designated, may be present when such investigation is made. I await your excellency's reply, and have the honor to be, etc., Wm. B. McCkeery, United States Consul. [Inolostu'e 2 in IJo. 223.] MEDICAL REPORT OV DR. WHITE. Dr. White to Capt. Schley. ' U. S. S. Cruiser Baltimore, Valparaiso, November S, 1891. Sir: In obedience to your order of 3d instant, 1891, I have examined Patrick Shields, a fireman belonging to the Keweenaw, and a citizen of the United States, and find his condition as follows, viz : j i,- t. a A severe contusion on back of head, small cut over right eye, and his body so severely bruised, back and front, from nape of neck to the end of spine, as to render him unfit for duty for several weeks. He says : " I was walking along the street on Ofctober 29, when a poUceman came up and said, ' you are. drunk. I denied it, but he arrested me, and on the way to the jail struck me several times, I wasputm jaU with about 150 Chileans, who kicked me and beat me and said that no American or Englishman can live in this country. , . , . 4. j j ,_ •h was released the next morning without a hearing, and was again ajrested dur- ing the day, why, X do not know, and was treated the same as before. I was put in a lang of workmen and made to sweep the streets, and if I stopped a mmute was clubbld and kicked. They gave me very little food while under arrest, and hnally released me without any knowing why they had arrested me. , Very respe,ctfully, g^^^^^^ g_ ^^^^^^ Passed Assistant Smgeon, U. S. N. U. S. 8. Baltimore (fiSst rate), Valparaiso, November 4, 1891. Respectfully referred to United States Consul Wm. B. McCreery, in accordance with his letter and for his information. ^ ^ Schley Captain, Commanding. 134 RELATIONS WITH CHILE. [Inclosore 3 in Ko. 223.] Mr. MoCreery to Mr. Egan. Consulate of the United States, . . Valpa/raiso, November 5, 1891, Sir : I herewith transmit for your informatioii a copy of a commanication I have to-day received from the governor of the province of Valparaiso in. relation to the case of Patrick Shields, a nreman of American steamer Keweenaw. I am, etc., Wm. B. McCkeery, United States Consul. P. S. — I have not yet heard from the Judge of Crime in reference to the ahove matter. [Incloanre — Trsuislation.] Intendente of Valparaiso to Mr. MoCreery. Intbndencia op Vauakaiso, Valparaiso, November 4, 1S91. I have received your official letter of this date in reference to the case of the sea- man, Patrick Shields, a fireman of the steamer Keigeenaw, of the United States mer- chant marine, and inclosing the report made to you by said fireman with regard to the ill treatment of which he was the victim while on 8hore._ I have this day transmitted your letter to the Judge of Crime, SMking him to take proceedings for the most prompt and thorough investigation of the acts denounced; alsp desiring the judge to consider the propriety of causing the city physician to identify Shields, and testify as to his condition and the wounds which he is said to have received. , God be with you. J. DE Ds. Arlesui. LlncJosnre i in Ho. 223.] Mr. MoCreery to Mr. Egan. United States Consulate, Valparaiso, November 7, 1891. Sir : Upon inquiry made by this consulate from the chief of police of this city concerning Patrick Shields, a fireman belonging to the American steamer Kemeenaw, I learn that this ofScial reported that he did not find Shields's name on the books at the police station; that if Shields has been arrested by the police authorities it must have been for drunkenness, and that when people are arrested for such oflfenso and are not accused of any additional offense which would require their appearanqe before the Judge of Crimes, their names are not entered in said books. Tliere is, however, in my opinion, no doubt that Shields was arrested by the po- lice authorities and confined in prison, as he states. The above facts corroborate his statement that he was not brought before any court. I am, etc., Wm. B. McCreert, United States Consul. Mr. Ugan to Mr. Blaine. Ko. 224.] Leq-ation op the United States, Scmtiago, November 9, 1891. (Received December 14.) Sir : I had the honor to fuUy inform you by telegraph on 7th instant of an incident which occurred on 6th instant, which for a time looked serious, but that passed over without trouble, and which, owing to the DIPLOMATIC CORRESPONDENCE. l35 course that I adopted, resulted in a very complete vindication of this legation. For several days the wildest rumors had been in circulation, actively promoted by a section of the press, regarding an alleged conspiracy to assassinate Col. Canto, which conspiracy, it was alleged, had origi- nated among the refdgees in this legation. The inclosed cutting from Iia Union, of Valparaiso (Inclosure No. 1), will give an idea of how far this was carried, and of course the object was to force out or frighten out the refugees from the legation. ' It was proposed to hold a public meeting in the plaza, about three blocks from the legation, on the 6th instant, called by advertisement in the papers and by a proclamation, of which I inclose a translation (In- closure No. 2). It was also freely threatened that after the meeting the crowd would come to the legation and take out the refugees by force. I accordingly addressed to the minister of foreign relations a note, of which I inclose copy (Inclosure No. 3), directing his attention to the situation,' denying that there could be' any grounds for the charges of conspixacy against the persons in my legation, and leaving with his Government responsibility for any act of disrespect that might be directed against the legation. Very soon after receipt of this note the , Government sent a force of cavalry to the neighborhood of the legation and no demonstration was attempted. The meeting was held at about 5 o'clock and was attended by some 500 or 600 persons. Resolutions were passed and strong speeches made denouncing the supposed conspiracy, calling for the delivery of the refugees, and referring to this legation in not very compliuifintary terms. Afterwards the resolutions were presented to Col. Canto and to the president of the Junta. At aT)out 6 o'clock, when the meeting was concluded, the intendente of the province issued, as a result of riiy note, a proclamation, of which I inclose a translation (Inclosure No. 4), completely denying the exist- ence of such a conspiracy, which official denial is, of course, valuable, but would have been much more so before the meeting was held. I inclose a copy of the reply of the minister of foreign relations to my note (Inclosure No. 5). I have, etc., Patrick Bgan. [Inclosure 1 in No. 224. — Translation.] From La Union, Decemher S. By telephone. The truth of yesterday's news is confirmed. Eighty prisoners, up to the present, have been taten. The authorities are reserved, in order to avoid giving alarm. All needful maasures have been taken, and the conspiracy will not, heaven be thanked, have the results proposed by Velasquez and MacKenna. It is in the American legatij)n that all has been plotted. And it is, thanks to the inexplicable condescension of the Government toward the obnoxious diplomat, that the aifair has assumed its present proportions. To-morrow, in the Plaza de Armas, at 5 p. m., will be held a large meeting to pro- test against the design to assassinate Col. Canto and other diota,torial machinations. In this meeting it will be agreed ; (1) To request the Provisional Junta to adopt severe measures for the ;f)unishment of the criminal outrages of the dictatorial party. (2) To make immediately a great manifestation of sympathy for Col. Canto, con- gratulating him on his escape from the assassin's dagger. 136 RELATIONS WITH CHILE. (3) To request tne Junta to solicit from the Gtovernment of the United States the extradition of the refugees in the American legation. (4) To request that Herreras Gandarillas, charged with the assassination of Col. Canto, be immediately shot at Santiago. [Incloaure 2 in So. ISA. — Translation.] Proclamation calling meeting 5th November, 1891. Citizens of Santiago, awake from the punishable lethargy in which you are sub- merged ! Are you not aware of the terrible attempt meditated and nearly carried into execution by some of the partisans of the dictatorship f Know, then, that the illuB- trious patriot, the great soldier, the magnanimous citizen, the meritorious Col. Canto, has been on the point of being a victim to the assassin's dagger, employed by those who, in an unfortunate hour and to the shame of our country, sustained for a hand- ful of gold the man who attempted to trample upon our institutitions, enchain our will, and blemish our country with the odious crime of a dictatorship. Citizens, we are free ! and for our freedom 10,000 victims have fallen, their gener- ous blood flowing in a hundred battles, fought on the fields of Maipu, Chacabuco, Ban- - cagna, Iquique, Fisagua, Pozo Almonte, Huara, Zapiga, Concon, and Flacilla. May the shedding of so much blood be not in vain ! Patent to our memory still are the crimes perpetrated by the dictator and his myrmidons. Shall we permit the continuation of so many crimes, committed with the greatest impunity, without demanding a terrible punishment for the miserable wretches who, from their hiding places, have directed the criminal's arm that per- petrated them ? No, a thousand times no! The timepiece of Justice has sounded the hour for chastisement. We will commence by demanding than an exemplary chastisement be given to those who, in a high-handed manner, have attempted the precious life of one of the personalities who with great warmth and patriotism promptly gave their services to the cause of our regenerated politics. With this motive we invite you to attend the public meeting which will take place to-day at 5 p. m. in the Plaza de Armas. The TotJTH of Santiago. [Xncloanre No. 3 in No. 221.] Mr. Egan to Senor Matta. Legation op the United States, Santiago, Chile, Xovemher 6, 1891. Sir: It has been intimated to this legation that certain demonstrations of hostil- ity against it are contemplated in connection with a public meeting which is called for to-day at 5 o'clock p. m. in the Plaza de Armas, and in connection therewith I inclose to your excellency a copy of La Union, of Valparaiso, and of a proclamation which has been circulated inviting the people to this meeting. The violent manner in which certain organs of the press — as for example. La Epoca and La Union — ^pretend to believe that some of the refugees in this legation are conspiring against the public order, obliges me to address to your excellency this note, denying absolutely those assertions which alfect me personally as chief of this legation, and to leave with the Government of your excellency under the present circumstances, as also in whatever others may arise, the responsibility of whatever act may affect the respect due to this legation. I perceive that authorized organs of opinion, like the Ferrocarril and the Porvenir, after investigating the circumstances of the alleged conspiracy against the public order, give assurances that there is not any foundation for those fears, and that the rumors circulated by the other journals are devoid of truth. Notwithstanding that this should be sufficient to dispose of this calumnious rumors referred to, they, are still persisted in with an evident purpose of making difflcultiesf, and I therefore iSnd it my duty to rectify them in all that concerns the legation in my charge. Hoping that your excellency will take the measures that may be considered adequate under the circumstances, I renew to your excellency the assurances of my distinguished consideration, and have the honor to subscribe myself. Your obedient servant, Patrick Egan. DIPLOMATIC CORRESPONDENCE. 137 [Incloaure i in No. 224.— Translation.] Proclamation of the intendente of Santiago. To THE People of Santiago: The rumors circulated in the preas in regard to designs against the life of Col. Canto have no foundation. Nobody has been arrested upon the charge and no in- formation has been received to warrant judicial investigation regarding the matter. Carlos Liba^ Santiago, November 6, 1S91. [Inolosnre No. 5 in No. 224.— Translation.] Senor Matta to Mr. Egan. Ministry op Foreign Relations,, Santiago, November 7, ISbl. Sir : There has been received, on yesterday at 4:30 o'clock, the note in which the honorable minister plenipotentiary, accompanied by soma printed matter announcing a public meeting, called the attention of this department to the possibility of certain occurrences which the tenor of said printed matter gave grounds for and which it was a duty to avoid. The present Government, recognizing and permitting the liberty of the press and of public meetings, does not forget, nor can it fbrget, to exercise the powers of supervi- sion which are imposed not alone by the laws but by the exceptional circumstanced from which it (the Government) and the country are issuing ; but it does not alarm itself, however it may disapprove the vivacities and misdemeanors of speech, spoken and written, which, as has been observed by the honorable minister plenipotentiary, were not borae out by the results. With what has been expressed and with'the facts in the knowledge of the honora- ble minister ple!nipoteutiary, reiterating the expression of his consideration, the un- dersigned subscribes himself. Your obedient servant,' M. A. Matta. Mr. Egan to Mr. Blaine. [Telegram.] Legation op the United iStates, Santiago, November 10, 1891. Mr. Egan reports his official call on the President of the Provisional, Government^ on the 9th, and says that he was received most cordially, and upon presenting his official and personal congratulations upon his nomination by both political parties for the presidency, was asked to convey the President's acknowledgment and appreciation of the courtesy to the G-overnment of the United States. Mr. Egan to Mr. Blaine. No. 226.1 Legation op the United States, Santiago, Wovember 10, 1891. (Received December 14.) Sir: On yesterday I called upon the President of the Junta de Go- biemo, Senor don Jorge Montt, to offer him my official and personal congratulations upon his unanimous nomination by both the conserva- 138 RELATIONS WITH CHILE. tive and liberal parties for the presidency of the Eepublic. I had with him a most pleasing interview, in which he assured me of his most cor- dial appreciation of the courtesy which in the name of my Grovemment and personally I had tendered to him, and he begged me to accept and convey to the Government of the United States his very warmest ac- knowledgments. In view of the situation, I deemed it well to inform you by cable of this incident, which I did by telegram. I have, etc., Pateiok Egan. Mr. Ugan to Mr. Blmne. [Telegram.] liEGrATION OF THE UNITED STATES, Santiago, Noriemher 11, 1891. Mr. Egan reports that on the 10th the two houses of Congress having met and the Provisional Government resigned, Senor Mon^was chosen as President and invested with fiiU powers; that the liberals have been elected to the council of state and all other offices, but that the successors of the conservative members of the cabinet, who all resigned, have not yet been named. Mr. Egan expresses the anticipation that the state of feeling toward the United States will be very much improved under the new order of things. Mr. Egam, to Mr. Blaine. 'So. 229.] Legation op the United States, Santiago, November 11, 1891. (Received December 14.) Sir : The two houses bf the national Congress met in session on yes- terday and proceeded to organize. The three gentlemea composing the Junta de Gobiemo, or Provisional Government, resigned; one of them, Senor don Waldo SUva, was electedpresident of the Senate; the second, Senor don Barros Luco, president of the Chamber of Deputies; and S^Sor don Jorge Montt, who has been unanimously nominated for the presidency, was temporarily invested by Congress with fall presidential powers, pending the regular election by presidential voters and his reg- ular installation. The chamber then proceeded to elect various officers, and its quota of the council of state, and as aU were elected from among what is known as the liberal alliance, the conservative members of the cabinet resigned, namely the minister of interior and the secretary of the treasury, and up to the time of writing their successors have not been selected. Under the new and regular Government I look for a more liberal policy, more leniency toward the vanquished partisans of the late Gov- ernment and a kindlier feeling toward the United States. - I have, etc. - Patrick Egan. DIPLOMATIC COERESPONDENCE. 139 Mr. Egan to Mr. Blaine. ISo. 230.J Legation op the XJniteb States, Santiago, November 11, 1891. (Eeceived December 26.) Sir: Inclosed I have the honor to hand copy of a further note re- ceived from the minister of foreign relations under date of 9th instant, conveying the request of the judge of crime in Valparaiso for informa- tion which he desires to obtain in relation to the occurrence with the sailors of the Baltimore on 16th October. I have not yet replied to this note, as I am awaiting from Capt. Schley copies of a correspondence which he has had with the inten- dente of Valparaiso on same matter. I 'have, etc., Patrick Egan. [InoloBure in No. 230.— Tranelation.] S6nor Matta to Mr. Egan. Ministry op Foreign Relations, Santiago, November 9, 1891. Sir: The- judge who is charged with the preparations of the sumario in order to investigate the culpability and the culprits in connection with the disorders which occurred on the 16th October, ultimo, has found in the prosecution of the investi- gation that it was unnecessary in order to obtain all the facts possible conducing to the establishment of the truth, to request those which are in the possession of the commander of the Baltimore and of the consul of the United States of North America in Valparaiso. According to the reports of the judge to the Secretary of State in the Department of Justice, those having been requested by the intendente of Valparaiso, the said commander and consul excused themselves from giving any fact whatever, "on ac- count of having brought the matter, to the Jtnowledge of Mr. Patrick Egan, minis- ter plenipotentiary of the United States in Santiago by order of his Government." The commander adds "that Mr. Egan can supply, on receiving application, a list of names of persons who in their turn can give the names of several others who saw the death of the sailor Eiggin and the wounding, of various others of the crew of the cruiser." Such are with the reservations of the case with respect to that which may be con- sidered as aifecting the Chilean jurisdiction by certain methods of proceeding and the words in which they are expressed, the points upon which this department of foreign relations desires that, in giving the necessary testimony and conducing to the clearing up of the facts and the investigation of the culprits, the honorable envoy extraordinary and minister plenipotentiary of the United States may be good enough to give information, contributing thus to discover the truth regarding the facts which occurred in the fight of 16th October ultimo. The delay in the prosecution of the sumario has reached already to several days, on account of the excuse on behalf of the sailors of the Baltimore to appe'ar before the judge, and now it will be prolonged so much longer as may be delayed the tes- timony called for by the judge and which, as it appears, is necessary to continue and complete his investigation. Without prolonging this note by reflections and considerations upon what may be therulesandobUgationsof the judge in matters of investigation of facts and evil- doers, like those of 16th October, the undersigned calls the attention of the honorable minister plenipotentiary to the necessity, not alone for acceleration, but also for the completion ot the sitma/rio, that there may arrive to this department his important testimony in order that it may be transmitted to the respective tribunal immediately. Awaiting the reply and reiterating to your excellency the expression, etc., M. A. Matta. 140 RELATIONS WITH CHILE. Mr. Egan to Mr. Blaine. [Telegram.] Legation op the United States, Santiago, November 14, 1891. Mr. Egan reports that the former cabinet, consisting of four Liberals and two Conservatives, remain in office, but that it is not believed that this arrangement of the ministerial crisis will endure beyond the present year. Mr. Ugan to Mr. Blaine. No. 231.] Legation of the United States, Santiago, November 14, 1891. (Eeceived December 26.) Sib. : As conveyed in my telegram of this date, the ministerial crisis has passed and the former cabinet, consisting of two Conservatives and four Liberals, continues in office, but it is generally understood this arrangement will only hold until the regular installation of the Presi- dent, on 26th December, after which the liberal alliance, in pursuance of their programme of a strictly parliamentary form of government, will insist, upon a ministry formed entirely from the Liberal majority in Congress. I have, etc.. Patrick Egan. Mr. Ega/n to Mr, Blaine. TSo. 232.] Legation of the United States, Santiago November 16, 1891. (Eeceived December 26.) SiK: With regard to the question of the refugees I may say that the Spanish legation, which was the only one that gave asylum to as large a number as this, only gave the use of unfurnished apartments, and the refugees provided their own support. Neither as representative of the United States nor personally would I permit this, and all of those who have found shelter in this legation have been treated by me as guests. In this way I have been at an ex- pense during some months past of over $5,000. I have, etc., Patrick Egan. Mr. Egan to Mr. Blwine. [Telegram.] Legation of the United States, Santiago, November 17,1891. Mr. Egan reports that he has directed to the minister of foreign af- fairs a note complaining that on the night of the 16th instant some of the eight or ten men of the secret police, who for two weeks past have been watching the legation, became boisterous under the influence of liquor and from the street used insulting language towards the reftigees. DIPLOMATIC CORRESPONDENCE. 141 Mr. JEgan to Mr. Blaine. No. 234.] Le&ation op the United States, Santiago, November 19, 1891. (Eeceived December 26.) Sir: My attention having been called to a number of entirely un- truthM and indecent attacks made upon me through the press of the United States, and especially one in the New York Sun of September 30, by a Mr. Julio Foster, who pretended to speak as a representative or -mouthpiece of the Chilean Government, I deemed it my duty to bring the matter to the knowledge of the minister of foreign relations, which I did in a note dated 18th instant, of which I send copy herewith (inclosure Kp. 1). To-day I received the reply of the minister, of which 1 inclose a translation (inclosure No. 2) stating that his department had no knowledge of Mr. Foster having ever received any special commis- sion or authority whatsoever to warrant him in assuming the r61e which, in the name of Chile, he has pretended to discharge. In this connection I take leave to inclose, as an indication of how my attitude is appreciated here in Chile, copy of a letter (inclosure No. 3) received a few days ago from Don Adolfo Eastman, ex-president of the Senate, son of English parents, and educated in England, and one of the most highly esteemed and respected men in Chile, even by his political opponents. I have, etc. Patrick Egan> [Incloattre 1 in No. 231.] Mr. Egan to Senor Matta. Legation of the United States,. Santidgo, November 18, 1891. Sib: As appears from the newpaper cutting which I hare the honor to send here- with, from the Sun of New York, of 30th September, a serious and widely circulated journal, Mr. Julio Foster, in this case as in many other publications which he has made in the United States, as well as in interviews given by him in the Chilean le- ■ gation in Washington to newspaper correspondents, has presented himself as an offi- cial delegate or mouthpiece of the Government of' Chile. As this has been very frequently repeated, and in order to communicate to my Gov- ernment the position which this gentleman fills, find the degree of veracity and im- portance which are to be attached to his assertions, 1 beg of your excellency to be good enough to inform me, 'if, in reality, Mr. Foster has any commission or especial character which would permit him to assume the rdle, whichinthe name of the Gov-, erment of Chile, \o pretends to discharge. Renewing the assurances of my high consideration, I am, etc., Patrick Egan. [Extract from New York Sun, September 30, 1891.] RGAN AND THE CHILEANS— FOSTER SAYS OUR MINISTER HAS BEEN MAKING HIMSELF OBNOXIOUS. WaaUngton, September ^9.— Mi. Jtllio Foster, wjio has been acting all summer as thfr secretary of the delegates from the Chilean Congress party, and who is posing as the mouthpiece of the new Government, talks with 'remarkable freedom regarding the present situation. He said to-day that he did not believe there was any serious, trouble between the United States and Chile. He said thaj; had anything serious arisen the Junta would have communicated at once with SeuorMontt. He believed that Mr. Egan had exaggerated the whole matter so as to get the administration ta 142 RELATIONS WITH CHILE, take up his cause and relieve Mm from the embaTrassment conseqaent npon the atti- tude he had assumed as a Mend of Balmaceda. Mr. Foster said that the people of Chile knew Mr. Egan and had no confidence in him nor respect for him. They felt that he was 'largely responsible for the war, because as a Mend of Balmaceda he had encouraged hiTn to acts of hostility and assured him of the sympathy of the United States. Mr. Egan, he said, had excited the displeasure of the people of Chile by his extra- ordinary course, and if there was a rupture between the two countries, it will be entirely his fault. Mr. Egan had aided and abetted Balmaceda, Mr. Foster said, and had enlisted his Yankee followers in Balmaceda's cause as spies and in other capacities. His whole conduct had been such as to arouse national indignation, and some of the men he was protecting from punishment for violation of the law were, Mr. Foster said, charged with being spies and assassins. Mr. Foster expressed the opinion that Mr. Egan was trying to retrieve the fortunes of himself and others whom he had induced to take up the cause of Balmaceda by kicking up a disturbance. He said he had just received a letter from his son saying that Mr.Egan's son had filed a power of attorney as representative of the parties who were charged with a fraudu- lent railroad transaction. " Mr. Egan should have been recalled long ago," he said. "Had another man been sent to Chile as soon as it was discovered Mr. Egan was meddling with Chilean affairs there would be no sort of trouble between the two countries. I can not understand why the Administration keeps him there to affront our people. You may depend upou it that Chile will respect law and order, and not do anything which is not warranted by the circumstances, but she will not be bluffed by any peremptory demand made by the United States npon misrepresenta- tions by Mr. Egan." [Inclosnre 2 In 'So. 231. — Translation.] Senor Malta to Mr. Egan. MlNISTKY OF FOKEIGN EELATIONS, Sa/ntiago, November 19, 1891. Sib: I have just received the note of your excellency, dated yesterday, in which you ask me if Mr. Julio Foster, now in Washington, is invested with any authority or special commission from Chile, inclosing, in order to justify the inquiry, a cutting from a journal called the Sun, which is published in New York. In hastening to reply to the honorable minister extraordinary, and being sur- prised that the question should be directed here instead of to Washington, where Chile has now an envoy extraordinary accredited and received, I have to say that there is no evidence in this department that Mr. Julio Foster has ever received any special commission or authority whatsoever. With which reiterating to the honorable minister plenipotentiary the expression of my consideration, I remain His obedient servant, M. A. Matta. [Inclosnre 3 in No. 234.] Mr. Eastman to Mr. Egaii. Cerro Allegre, Valparaiso, November 11, 1891. My Dear Sib : My wife and myself will leave for Santiago on Friday or Saturday, and you wiU naturally suppose we should much like to see our near relative Guu- lermo McKenna, who, in company of his worthy cousin, Don Juan, you have nobly covered under the folds of one or the banners that represents most generously the sentiments of civilization and humanity. May God bless you and yours for all your goodness shown invariably to all Chileans during the hard and difficult times that your diplomatic mission in Chile has had to encounter; but if you have been unfor- tunate enough to meet with some in this country who have not had the good sense nor the spirit of justice to recognize the exquisite tact observed by you throughout our unfortunate conflict, you will always have in your favor the satisfaction of hav- ing nobly complied with your duty to your country and to your own conscience, thus linking the sentiments of thef official min with those of the gentlemen. ' DIPLOMATIC CORRESPOND EKCE. 143 Wherever destiny may carry us, during the more or less short years we may have to live, you may rest assured that our blessings and our gratitude will accompany you wherever you go, and God, from whom nothing is hidden, will bless you and yours. ' I As I shall only be two or three days in Santiago, you will kindly advise me on my arrival "Hotel Oddo" if my wife and self can conveniently visit Guillermo at your house, as we would not on any account wish to put you to the slightest inconven- ience. \ With our united and best wishes to yourself and yours, believe me, my dear sir. Most faithfully yours, Adolfo Eastman. « Mr. Ugan to Mr. Blaine. 'No. 235.] Legation op the TTnited States, Scmtiago, November 20, 1891. (Eeoeived December 26.) Sir : I have tHe honor to inclose copy of a letter received from, Cap- tain Schley, under date of 11th instant, in reference to attack of 16th October on the sailors of the Baltimore, with copies attached of accom- panying inclosures marked A to G (inclosure No. 1), being his corre- spondence with the intendente of Valparaiso from 3d to 11th instants. I have yet received no further official information on this matter, but have reason to beheve that, under instructions from the Department of the Navy, the sailors of the Baltimore are to-day giving their evi- dence before the judge of crime. I have, etc., Patkick Bgan. [Inclosure in 'So. 235. ] f Capt. Schley to Mr. Egan. U. S. S. Baltimore (first rate), Valrtmaiao, November 11, 1891s, My Dear Minister : I have the honor to inclose to you the correspondence, let- tered and arranged chronologically. Which I have had with the intendente of Val- paraiso touching the matter of the appearance of my men before the judge of the criminal court to testify in the cause now beiug inq^uired into in relation to the assault upon my men on October 16. As some of these letters to him express conditions and limitations in relation to this matter in accordance with instructions of the honorable Secretary of tjhe Navy, I think I have the right to complain that their publication here in the press of Val- paraiso is quite uniisual tinder the circumstances. With reference to the letter marked C, it was written only after I had sent an officer on the 23d or 24th of October to solicit from ^the intendente this protection for my officers and men and market boats, but which he did not feel justified to ' afford or to advise at that time. Very respbotfuUy, W. S. Schley, Captain, Commanding. A. Intendente of Valparaiso to Capt. Schley. Republica db Chile, Intendenoia of Valparaiso, November 5, 1891. The Commander of the Cruiser Baltimore: The judge of the court of crimes in an official note dated the 3d of the month in- forms"me as follows: "In the trial against Charles G. Williams and forty others, concerning the aflfray ♦ 144 RELATIONS WITH CHILE. of the North Americans with Chileans, under the date of October 31, the following has been decreed. "Let it be put into execution that the wounded sailors of the Baltimore he con- fronted with the culprits in the affray in order that thfey mutually recognize each other ; and if the former are still in the hospital, let them be summoned to this end. If the contrary be the case, the intendente of the province should act, addressing him- self to the commander of the ship, that he may obtain their appearance, "I communicate this, notifyijng you that the sailors whose appearance is solicited are : J. H. Talbot, C. PanteT, W. Tumbull, J. Davidson, and J. Hamilton." I have the honor to communicate this to you to the end that you may have the kindness to order, if it would (not?) be inconvenient, the appearance of the sailors to whom the said judge refers. God guard you. J. DE D. Arlegdi. Capt. Sdhley to the intendente of Valparaiso.' United States Steamer Baltimore (first rate), Valparaiso, November 6, 1891. His Excellency the Istbndente op Valparaiso : Sir : In reply to your excellency's letter of yesterday informing me of the decree of the judge of crimes and citing the appearance of J. W. Talbot, GeorM Panter, William Tumbull, J. Davidson, and John Hamilton, that they may confront those accused, I have the honor to state that my surgeon is of the opinion that their appear- ance at the court for the present would be inadvisable, as they are still too weak and nervously shattered to undergo the ordeal of such excitement. I would therefore suggest that some hour and date, several days in the future be set, when I will send them in charge of one of my officers to testify only under the conditions mentioned in my letter of November 3d. William Tumbull, one of the witnesses cited by the court, died of his wounds on October 25th. Itave the honor, etc., W. S. Schley, Captain, Commanding. Capt. Schley to the intendente of Valparaiso. United States Steamer Baltimore (first rate), Valparaiso, November 6, 1891. His ExceUenoy the Intendente of Valparaiso : Sib: As my vessel is at the present time lying in the port of a nation with whom my Government is on peaceful and friendly terms, and as I have not been able to allow my officers or men to visit the shore, or to allow a market boat in the morning with the same assurances of protection as are accorded to the other foreign men-o& war, I have the honor to request that both my officers and men may be accorded the same privileges, the same courtesies, the same protection when on shore as youir ex- oeUenoy's Govenunent accords to the officers, men, and boats of other foreign men- of-war nowhere, and which are usual among nations in time of peace. To this end I await your excellency's reply, and I have the honor to be, Very respeotftilly, W. S. SCHLBY, Captain, Commanding. D. The Intendente of Valparaiso to Capt. Sohley. Republica de Chile, Intendencia of Valparaiso, November 6, 1891. I have the honor to acknowledge the receipt of your two communications of to-day, one referring to the appearance of the men belonging to the ship under your com- mand, for the purpose of the confrontation decreed by the judge who is conducting DIPLOMATIC COERESPONDENCE. 146 the examination in relation to the unfortunate occurrence of the 16th of October; ^ and the other to the protection you request for the officers of the Baltimore, for the- crew of said ship when it is necessary or when lihey wish toicome on shore, and for the daily market boats. For this purpose you remind me that the United States is a power which is at peace with Chile, and which, for the same reason, believes itself entitled to the same privileges and protection tl^at Chile affords to the people of the other foreign ships at present in Valparaiso. As far as the contents of the ^rst of these communications is concerned, I confine myself to saying that I have this day transmitted ,it,to the judge of crimes for his information and legal conclusions. In regard to the second, this intendencia does not disown the essential incident upon which it is founded, asking the privileges and protection which, as far as it is responsible, it feels disposed to grant to all the conmiauder, officers, and crew of the cruiser Baltimore,, which you command. And more, it can assure you that from the time that he, the undersigned, took charge, the most clear and definite instructions were given in regard to this matter, and especially with relation to the commander, officers, and crew of the cruiser Bq,ltimore. To-day the undersigned reiterates these same instructions to the commandant of police, ordering that from 6 to 8 a. m. daily there shall be posted at the passenger mole an officer with an appropriate force to protect the market boats that you may send. But with this idea, I must repeat to you what I said to the officer you sent to me the 24th or 25th of October, asking me if it would be safe for the sailors that might come on shore. On that occasion I said to the officer before mentioned : It is the duty of the intendencia to protect every person that comes on shore; but as it depends for this only on the police forces, and as these, according to official documents of which the intendencia is in possession, do not inspire the confidence of the commanding officer of the Baltimore, I leave to his discretion and prudence the calculation whSther it is proper to allow the sailors to come on shore. In regard to the officers, I do not believe there is auy'hindrance to their coming ashore, and in respect to the market boats the same precautionary measures will be adopted as when Admiral Valois informed me that his daily market boats were molested at the mole. I think it opportune to repeat to-day to you the same as I verbally communicated before by means of the officer to whom I have referred, because, believing that you are animated by the best spirit to avoid anything that might give occasion for a conflict of any kind, I feel sute you will pjroceed with your characteristic prudence. God guard you. / J. DE D. Aklbgui, E. The Intendenie of Valparaiso to Cvpt, Sohley. Valparaiso, November 9, 1891. The judge of the criminal court, in an official letter dated the 6th of this month; in- forms me as follows : "I was delayed, Mr. Governor, by the translation of the official letter sent to you by the captain of the Baltimore, in which he is good enough to communicate a list of names of persons wlio can be called to depose m the proceedings that this tribunal has institutedin relation to the disorders of the 16th of October last, and I am pleased to inform you that under the act of this tribunal all of the persons indicated have been cited to appear. " In this communication the captain mentions also several of the crew of that ves- sel, hut to permit them to come and depose he exacts, 1st, that they must be per- mitted to express themselves in their own language ; 2d, that they may be accom- panied at the tribunal by an officer who will act as counsel; 3d, that their declara- tioH& be public and npt secret, an^, ith, that the captain be permitted to read their declarations. ' "With respect to the first condition required for the appearance of the Baltimore's sailors, you will understand that on the part of this tribunal there is no difficulty in accepting it, nor would they be able to depose in any othpr way if they do not pos- sess the Spanish language. I am able to add, further, that in giving every facility to the right and defense of the American sailors this tribunal will accept declarations through an interpreter that they themselves may designate, notwithstanding that in the secretary (secretary's office — secretariat^ may be found an official of this na- ture who has never given any reason why his impartiality and discretion might'be doubted. 10 146 RELATIONS "WITH CHILE. , "It does not happen to be same with, respect to the rest of the re^nired conditions,, to none of which could this tribunal accede, as all of them are contrary to the secrecy which our laws of prorfbeding in substantiating criminal judgments reo[uire while these, may remain in a state of inquiry. "The administration of justice of Chile will not b^ able to accept, Mr. Intendente, without disgrace to its honor and to the prerogatives that belong to the Republic as a free and sovereign nation, that in virtue of exigencies could neither be justified by law or by right, to make distinctions openly contrary to thelaws which our country preserves for the right oif all, whether natives or foreigners. ' ' In regard to this matter I reproduced, besideSj the considerations of my letter, No. 406, of this same date, which I have sent to you xn reply to the claim that the North American consul has been pleased to make in regard to the sailor Patrick Shields, of the steamer Keweenaw, and which you may give to the captain of the Baltimore for iis information. ' "Perhaps, without insisting in his requirements, the captain may be able to obtain what he desires by sending any officer in his confidence, who is a master of the Span- ish with the sailors, and who may serve as interpreter." I have the honor t6 communicate this toyou ior your information, also the accom- panying copy of the official letter No. 406, to which thfe said judge refers. God guard you. J. DB D. Arlegbi. F. Capt,. Schley to the Intendente of Valparaiso. « ^Unitbd States Steamer Baitimore (First Rate), Valpa/raiao, November 11, 1891. Sir: I am instructed to accept the conditions of his honor the judge of the crim- inal court, granting the presence of an officer, acquainted with the Spanish, as inter- preter, and that the men oi my ship may declare in English during the pending pre- liminary iflvestigation, on condition that I may be furnished with a copy of the , evidence as given in English, iread over and signed by the witnesses; it' being un- derstood that I ff ill defray any expense incurred in making such copy. I have the honor to be, 8ir,,your obedient servant, ■ " W. S. Schley, \ , Captain, Commanding, G. ' The Intendefite of ValparaAso to Capt. Schley. Republica de Chile, Intendencia of Valparaiso, November 11, 1891. I take pleasure in communicating to you that this intendencia has transmitted to his honor the judge of the criminal court your official note of this date relative to the appearance of the Sailors of the ship under your command, involved in the occur- rences of the 16th of last month. God guard you. J. DE D. Arlbgui. Mr. Mg Patrice Egait. DIPLOMATIC COKKESPONDBNGE. 149 Mr. Hgm to Jfn Blaine. No. 237.] Leg-ation of the United States, .Santiago, November 23, 1891. (Eeceived December 26.) Sir : I beg to refer to my No. 223 of 9th instant in reference to the case of Patrick Shields (jiot Shieldsa, as at first reported), a fireman on board the U. S.. merchant steamer Keweenaw, and have now the honor to in- close copy of letter from United States consul, Valparaiso (Inclosure No. 1), with attached copy of a letter from the intendente of that port and translation of same, together with copy of a letter from consul dated 11th instant (Inclosttre No. 2), detailing the irregular manner in which an attempt was made to obtain the testimony of Shields without any inti- mation to him, the consul. '' I also inclosed copy sworn declaration of said Patrick Shiglds, made before th6 United States vice-consul at Valparaiso (Inclosure No. 3); sworn declaration of Charles A. Wheeler (No. 4) ; sworn declaration of Charles E. Malcolm (No. 5), and sworn declaration of^AMrew Mc- Kinstrey (No. 6), to aU of which, but especially to those of Shields and McKinstrey, I beg to call particular attention as disclosing a case of most brutal treatment without the excuse of any process of law. I inclose also copy of the second certificate from Dr. Stephen S. White, of the Baltimore, which shows the man to be in a bad condition (Inclosure No. 7). Herewith please find copy letter from United States consul, dated 20th instant (Inclosure No. 8), conveying letter from Shields and his claim against the Chilean G-overnment for the sum of $5,000 (gold) as compensation for injuries inflicted upon him. In view of the pending investigation and the action upon which the Department may decide in reference to the matter of the Baltimore, I considered it more pru- dent to await your instructions before formally presenting this claim. I inclose note received from United States consul (Inclosure No. 9) re- garding the nationality of SJiields, with copy of my reply thereto (In- closure No 10). Although I have not made a specific claim, I have brought the case ftdly before the G-overnment in a note to the minister of foreign rela- tions, dated 23d instant (Inclosure No. 11), and have sent him copies of all of the sworn declarations and medical certificates, in order that he may havefiiU knowledge of the circumstances. Awaiting your instractions, I have, etc., PATEICKi Egan. [Inclosure 1 in No. 237.] Mr. MeCreery to Mr. Egan. ' United States Consulate, Valparaiso, Noveniber 11, 1S91. Sir: I herewith transmit for your information copy of a communioation I had re- ceived from the governor of the province of Valparaiso, transcribing a letter irom the Judge of Crimes of this city, in relation to the case of Patrick Shields. ^ Very respectfully, etc., Wm. B. MqCKEBKY, United States Consul. 150 RELATIONS WITH CHILE. [Inclo sore. — Translation.] Jntendente of Valparaiso to Mr. McCreery. INTENDEXCIA OF VaIpARAISO, Valparaiso, November 7, 1891. The judge of the ciiminal court, in communieation No. 406, of yesterday's date, writes me as follows : " I yesterday received your excellency's communication of the 4th instant, in which you transcribe an official letter from the consul of the United States, in rela- tion to a complaint made before that officer by Patrick Shields, a seaman belong- ing to the merchant steamer Keweenaiv, who complains of illegal arrest and ill treat- ment received by him at the hands of the police of this city. •'The consul of the United States requests, in the communication transcribed, the immediate investigation of the occurrences, and in case such investigation is made, he also requests that he or some one whom he may designate, may be present at the same. "This court immediately commenced the preliminary examination of the case, which will be conducted with special attention and in strict conformity with the rules of procedure established by our laws. Your excellency and the consul of the United States may rest well assured that ftill and impartial justice will be done. " Respecting the desire that the consul expresses to be present, either personally or through some one designated by him, at the judicial proceedings which may be held during the investigation, this court can not in any manner comply with them, be- cause, in addition to the fact that compliance therewith would be contrary to the positive provisions which, in our legislation, order the secrecy of criminal trials, they appear to involve the dishonorable suspicion that the court of crimes of Valparaiso might conduct the investigation, not with the purpose of impartiality and rectitude whereby all tribunals of justice should be actuated, but in a, sense contrary to the rights of the complaining seamen. • " Our laws, Mr. Intendente, amply protect the rights of all, without distinction of class or nationality, and the undersigned, therefore, could not consent, without detriment to our prerogatives as a sovereign nation, to any endeavor to exact ftpm the administration of justice concessions which are contrary to law, and which can not be granted even to our own citizens. "This will not prevent the consul of the United States from obtaining every facility to enable him to press his complaint or the seaman from being assisted, if he does not understand the Spanish language, by such interpreter as he himself may desig- nate, in the declarations which he will have' to make before this court. "I communicate this to your excellency in answer to your communication above re- ferred to, and to the end that you may express to the consul of the United States the motives of law and decorum which prevent this tribunal from acceding to his de- sires." I transmit the foregoing for your information and other ends. God guard you. J, DE D. Arlegui. [Inclosnre 2 in No. 237.] Mr. McCreery to Mr. Egan. United States Consulate, Valparaiso, November 11, 1891. Sir: I called upon the judge of the court of crimes, Hon. E. Foster Rejabarren, yesterday, in relation to the case of Patrick Shields, and was inforoied by him that the testimony of Shields had been taken. I afterwards telephoned you to that effect, and obeyed your request to investigate the circumstances connected with the taking of the testimony, and repaired to the steamship Keweenaw. The mate informs me that two persons came on board yesterday forenoon and one of them said he desired to see the man who claimed to have been injured by the police while in prison in this city. The wan Shields was sent for and questioned, but declined to give testimony except in the presence of the United States consul. He was not sworn, and after replying to the questions the party read to him what he claimed he had stated and desired him to sign the paper. Shields declined to sign it, stating that it was in- correct and that he would give no testimony except the consul be present. At the request of Capt. Jenkins, of the Keweenaw, Dr. White, of the Baltimore, DIPLOMATIC CORRESPONDENCE. 151 examiued Shields to-day, and lie reports that he is not able to leave the ship and win not be for several days. In case his testimony is again ordered by the court to be taken on shipboard, ^hall tfie same be taken unless the consul is present? Please advise me. Very respectfully, etc., , Wm. B. McCreeey, United States Consul.. [Incloaure 3, Id No. 237.] Declaration under oath of Patrick Shields defore United States Consul, Valpa/raiso. Consulate of the United States of America, Valparaiso, Chile: On this 18th day of November, 1891, before me the undersigned, vice-consul of the United States o:^ America at! Valparaiso, personally appeared Patrick Shields, who being duly sworn deposes and says : , My name is Patrick Shields ; am 30 years of age and a native of Ireland. I shipped on the American steamer Keweenaw about four months ago at the port of Brooklyn. On the 24th day of October I was given liberty by the chief engineer and by the captain to come on shore. I arrived on shore about 6 :30 p. m. and was to return to the vessel on the morning of the 26th. On reaching the shore I went to a place which I think was the English hotel or restaurant and had a bottle of beer. I was along with my shipmate, Andrew McKinstry, and he drank beer with me. I stopped there about Ave or ten minutes. McKinstry and myself ^went into a barber shop at about 7:30 p. m. We entered the place and stopped there uAtil we got served, which was about 9 p. m. The barber shop was full of people when we arrived there. I walked about the square until about 11 o'clock, a,V which time I was arrested by a polioeman and taken to prison. He said something to me. but I did not understand him. I was kept in prison the whole night. During the night the inmates of the prison stole my cap. I pointed the men who stole my cap to the policemen, but they took no notice of me. They released me at ■ about 9 o'clock on Sunday morning. I went to buy a hat, and before I had done so was again arrested by a policeman about half a mile ftom the police station, at about 10 o'clock that morning, and was locked up in the same prison. On Monday morning I was taken out and they made me sweep the streets until about 5 o'clock p. m. On Tuesday they again made me sweep the streets from daylight until about § o'clock p. m. I was released as soon as I arrived at the prison on Tuesday after- noon. I made my way down to the mole, but could not get on board, as I had no money to pay the boat hire and the consulate was closed. I then went up on the hill so •that they should not arrest me again, and stayed until about 5 :30 of the morning of AVedhesday. I slept on the ground. I then came down and was going towards the mole to get into Mr. Murphjr's b6at in order to get on board my vessel. Before reaching the mole I was again arrested by a policeman and taken to jail. When there about five or ten minutes they made me work in the horse shed cleaning the ground, grinding corn, and carrying hay to the horses. They also made me sweep the streets that day. ' » Ati about 12 o'clock that day, in view of treatment received, I made my escape from the horse shed and ran about a quarter of a mile. I was followed by a policeman and the man who takes care of the police horses. The latter beat me on the back of the neck and on my arms with a long stick, and they took me to the horse shed ■whin the same man beat me again, striking me with the same stink on my neck, arms, and back until the stick broke. The policeman also struck me with a broom. I worked there until about 5 :80 p. m. and they locked me up in the same prison. I was kept in prison until Saturday evening, and they 'made me work every day in the horse shed and sweeping the streets. When I ceased to work in the yard, the police- man would strike me on the back of the head with a stick. On Wednesday, at about 1 p m., I vomited about a quart of blood and bled from the nose and ears in conse- quence of the beating that I had received. On Monday evening, November 2, they released me from prison; During the time I was there I asked the policemen on different times to be allowed to see the consul, but they paid no attention to me and they shoved me back. When I was released and going out of prison I told a police officer that I was going to see the consul and report that I had been refused to see him. I went to the consulate at about 6 o'clock that afternoon and found it closed. I could not find oiit where the consul was liv- ing. I could not get on board, as I had no money. I went up on the hill to prevent them from arresting me again.' I felt very bad at the time. I sat there until next 152 RELATIONS WITH CHILE. morning. I went to the consulate on Tuesday morning, November 3, at about 8 o''olock, and waited until about 11 o'clock, wben I saw tfie consul. One of my shipmates, Bernard Flanigan, had gone to jail to inquire if I was in prison, but they told him 1 was not there. I then stated to the consul what had happened to me, and after hearing me he sent me on board Keweenaw. My health is better now and I have been doing a little work on shipboard since yesterday. I may mention that my shipmate, Andrew McKinstry, was also arrested by the police and taken to jail. He saw me in prison on Monday, and we were made to do work, grinding corn and sweeping the streets. I have nothing further to state. [seal.] Patrick (his x mark) Shibid8. United States Consulate, ' Valparaiso, November 18, 1891. I hereby certify the foregoing to be a true and faithful copy of the original decla- ration filed in this Consulate and taken by me at the request of William B. McCreery esq., United States consul at this port. Given under my hand and the consular seal the day and. year aforesaid. [SEAL.] August Molleb, Jk., United States Vioe-Consul. [IncIoBnre 4 in iro.I237.] Declaration under oath of Cha/rles A. Wheeler. Republic of Chile, Province of Valparaiso: Charles A. AVheeler, being dlily sworn, deposes that he is mate of the S. S. Kewee- naw, of the merchant marine of, the United States, and that he is acquainted with Patrick Shields, a fireman in the service of said steamship ; that the said Shields was given liberty to go on shore at Valparaiso on or about the 24th day. of October last past, and that he returned to the steamship about ten days subsequently in a bruised and injured condition, and that he reported that he had been arrested and ' confined in the prison at Valparaiso during his absence from the ship, and that the injuries he had received were from the hands of the police of Valparaiso, and that he had been beaten and struck on the back of' the head, back of the neck, and on the back by policemen on the streets of Valparaiso and while in prison, and that he was seriously and dangerously injured; that subsequently two men visited the steamship and stated that they were sent by the court of crimes to take the testi- mony of the said Patrick Shields in relation to the injuries he claimed to have re- ceived, and that Shields was sent for and informed of the object of their visit; when lie was questioned by one of the parties in relation to the case, but refused to be sworn or to sign any statement unless the same should be made in the presence of the United States consul. Afterwards the person who had asked the questions to Shields read to him what purported to be what he had said and requested Shields to sign the same. Shields replied that what he had read to him was incorrect and entirely wrong and tkat he would not be sworn nor would he sign any paper or writing except in the presence of the United States consul. Further saith not. C. A. WlIEELER. • Sworn to and subscribed before me at Valparaiso, this 19th day of November, A. D. 1891. [SEAL,] W. B. McCbebry, United States Consul. [Inolosnre 5 in No. 237.] Declaration under oath of Charles B. Malcolm. Republic of Chile, Province of Valpa/raiso: Charles R. Malcolm, being duly sworn, deposes and says : 1 am the engineer in charge of the machinery of the steamship Keweenaw of the merchant marine of the United States, and am acquainted witli Patrick Shields, who is a fireman under my charge, and in the service of said steamship, and that up to the 24th day of October last past the said Shields was a strong, able-bodied man, and a most excellent fireman ; that the said Shields received liberty from the authorities of the ship to go on shore at DIPLOMATIC COEEESPONDENCp. 153 Valparaiso on the 24tli day of October, -and that he did mot return for about ten days thereafter, when he was in a bruiSed and much injured condition, and that the in- juries he claimed to have received at the hands of the police in the streets of Val- paraiso and while in the prison in Said city, and that since his return to the ship he has hot been able to perform any manual labor in consequeno'e of the injuries he claims to have received at the hands of the police of Valparaiso, and I am firmly of the opinion that he will never again be able to perform the duties of fireman, and -that in consequence of the said Shields being unable to perform his duties,, another fireman has been engaged to take his place and he is now in the service of the ship. Further saith not. Charles E. Malcolm. Sworn to and subscribed lijefore me this 19th day of November, A. D. 1891. ' [SEAL.] Wm. B. McCkebrt, United States Consul. .[IiLolosure 6 in ISo. 287.] Declaration under oath of Andrew Meiinstrey. Eepubho of Chile, Provvneeof Valparaiso: Andrew McKinstrey, being duly sworn, deposes and says: I am a fireman ta the service of the steamship Keweenaw of the merchant marine of the United States, and that on the 24th day of October last past I received liberty to go on shore with Pat- rick Shields, who is also a fireman on board of the steamship Keweenaw, and with whom I am well acquainted, and that on the 25th day of October I was arrested by the police authorities of Valparaiso and taken to prison. On my arrival at the prison I was put into the same room with Patrick Shields, who said that he had been brought there the day before. On the 26th of October the police authorities at the prison ordered Shields and myself to worl^ in the horse shed, across the street from the prison, and for a time we were both engaged in cleaning the yard, when we were both ordered to turn a crank attached to a corn-grinder, which we turned for' about two hours, when we both stopped ,to rest, and we were ordered by the policeman- to keep at work grinding com, and while Patrick Shields was returning to the work he was struck on the back of the h^ad by the policeman with a broom handle, which < knocked him down. On arising from the ground the said Shields was again struck by the same police- man on the head with the broom handle and again felled to the ground, where he re- mained about five minutes insensible. When he arose from the ground he was 1 bleeding from the nose and mouth. We were then ordered to proceed with the work of grinding corn, but Shields was so badly inj ured that he stood by the machine and I did most of the work. About three-quarters of an hour afterwards we were both taken out on the streets by the police and ordered to sweep the street, and soon after- wards I made my escape by running away, and I slept durirfg the night on the hill , back of the city on the bare ground, and the next day reported at the consulate, and was sent to the Keweenaw by the consul. At the time ^hields was struck by the policeman he was perfectly sober and had not been drinking. Further saith not. Andrew McKinstrey. Sworn to and subscribed before me this 19th day of November, A. D. 1891. [SEAL.J Wm. B. McCreert, United States Consul. [Inolosure 7 in Ko. 237.] Medical report of Dr. S. S. White. Valparaiso, November &0, 1891. Hon. Wm. B. Mcreery, United States Consul, , Valparaiso. » Sir : In obedience to orders from Capt. Schley, on November 3, 1891, 1 examined Patrick Shields, a fireman belonging to the steamer Keweenaw, and found his condi- tion to be as follows : A severe contusion on back of head, a small out over right 154 RELATIONS WITH CHILE. eye, and his body severely bruised, both front and back, from nape of neck to end of spine, of suofi. severity as to render him unftt for duty for several weeks. His condition now is somewhat improved, but his nervous system has sustained a shock from which months will be necessary for recovery, if he is ever as physically sound as he was at the time he received the injury. Very respectfully, Stephen S. White, V Passed Assistant Surgeon, JJ. 8. Namy. . U. S. S. Baltimore (first bate). Approved and forwarded. W. S. SCHMIY, Captam, Cominamdmg. . ([Inclosure 8 in No. 237.] Mr. McCreery to Mr, Egan, United States Consuiate, Valparaiso, November 20, 1891, Sir: I inclose herewith a letter from Patrick Shields, of the steamship Keweenaw, also his claim against the Republic of Chile for $5,000, which, by the term of his let- ter, he desires you to i)re3ent to the proper department for payment. I also inclose a letter from Dr. Stephen S. White, of the U. S. S. Baltimore, who has attended Shields since the 3d instant, which states his condition of the 3d of November, as well as his present condition. yery respectfully, your obedient servant, Wm. B. McCrbbby, United States Consul. Patrick Shields informs me that his present post-office address is 994 Second avenue, New York Gity. [Incloaure A.] Fatriok Shields to Mr. McCreery. * United States Consulate, Valp^vraiso, November 20, 1891, Sir : I inclose herewith my claim for $5,t)00, United States currency, against the Republic of Chile, which I will thank you to send to the American minister at San- tiago, with the request that he present the same to the proper department of the Gov- ernment for payment. Very respectfully, _ Patrick (his x mark) Shields, Witness : J. P. Dunning. Indorsed on back : United States Consulate, ■ Valparaiso, November 20, 1891. Respectfully referred to Hon. Patrick Egan, envoy extraordinary and minister plenipotentiary of the United States at Santiago. I^s-*!"] Wm. B. McCreery, United States Consul, DIPLOMATIC COEEESPONDENOE. 155 [Iholosnre B.] Claini of Patrick Sliieldefor p,OUO. Valparaiso, November SO, 1891. Re;^ublio of Chile to Patrick Shields, Dr. To injuries received at the hands of the police of Valparaiso from the 24th day of October, A. D. 1891, to the 2d day of November, A. D. 1891, inclusive, five thousand dollars United States currency ($5,000). United S'^ates Consulate, Valparaiso, November SO, 1891. I certify that the foregoing account of Patrick Shields of the steamship £eM>eemaw was i)resented to me by the said Shields with the request that I forward it to the American minister at Santiago to be by him presented to the proper department for payment. [SEAL.] , WM. B. MoCREBKY, United States Consul. [InoloBure 9 in No 237]. Mr. McCreery to Mr. Egan. United States Consulate, Valparaiso, November SO, 1891. Sir: In the case of Patrick Shields, of the Keweenaw, who makes a claiifa against the Government of Chile for injuries claimed to have been received at the hands of the police of this city, I desire to state that the crew list of the steamship shows that he was born in Ireland and is a subject of Great Britain. Very respectfully, Wm. B. McCreery, United States Consul. [Inolosnre 10 in No. 237.] Mr. Egan to Mr. McCreery. Legation op the United States, Santiago, November S3, 1891. Sir : Replying to your communication of 20th instant in reference to the case of Patrick Shields, of the U. S. S. Keeivenaw, I beg to refer you to paragraphs Nos. 170 and 171 Of consular instructions, in the latter of which yon will find the following : " The principles which are maintained by this Government in regard to the pro- tection, as distinguished from the relief, of seamen are well settled. It is held that the circumstance that the vessel is American is evidence that the seamen on board are such; and in every regularly documented merchant vessel the' crew will find their protection in the flag that covers them." Shields is therefore in this case, and also in the matter of relief, he having shipped in a port of the United States, entitled to the same protection as if he were a United States citizen. I remain sir, your obedient servant, Patrick Egan. [Inolosure 11 in No. 237.] Mr. Egan to Senor Matta. •• Legation of the United States, Santiago, November SS, 1891. Sir : I have the honor to inform your excellency that on the 3d of the present month there came to the United States consulate in Valparaiso Patrick Shields, fireman, employed on board the United States merchant steamship Keweenaw, who made complaint that on 24th October he went ashore from his ship, on leave ; that 156 RELATIONS WITH CHILE. I street of Valparaiso on a charge of intoxication, the truth o( IS ; that on the way to prison he was struck and kicked by the .- 1 ^ jy _- : .1. .«I_ in. ■w^^it-Vt i^-t-m-t- rfw\-rr -Pt^i^m r\'P he was arrested on the i which charge he denies ; „ „ policeman ; that he was released from prison next morning without any form of trial, but w^s immediately arrested again and kept a prisoner from 24th October to 2d November, without having been brought before any judge or without any process of law whatsoever ; that during that time he was compelled to work, cleaning the streets, grinding corn, cleaning harness of the horses of the police, and other work; that he received during the time but very little food; that he was brutally beaten over the head and body by the police on several occasions, and sometimes so badly that he was left insensible on the ground, from the effects of which treatment he still suffers very severely, and that he repeatedly, during those nine days, requested to be allowed to communicate with the captain of his ship or with the consul of the United States, which right was always refused to him. When this man came to the consulate of the United States on the morning of 3d instant, the consul found him to be in terrible condition, badly cut aboutthe head, and his body a maS3 of bruises. He at once brought him to the intendencia, so that the iutendente might himself have an opportunity to see his deplorable condition; but the intendente declined to look at the man's injuries. The consul then sent him on board his ship and had him attended by Dr. Stephen S. White, of the United States cruiser Baltimore, certified copy of whose report, dated 3d instant, I inclose (No. 1). He also immediately reported the matter to the intendente of Valparaiso, asking for a full investigation into the circumstances and at the same time request- ing tbat either he, the consul, or some one designated by him might be permitted to be present at such investigation. To this request the intendente replied on the 4th, promising an immediate investi- gation, andagainontheTth, transmitting copy of communication from judge of crimes stating that the permission requested by the consul to be present could not be f ranted, but adding that, in order to facilitate the consul and advance the inquiry, liields, if he did not speak the Spanish language, coald be assisted by such inter- preter as he himself might designate. On the lOtb instant, the judge of crime informed the United States consul that the testimony of Shields had been already taken, and on immediately going on board the Keweenaw the consul was astonished to learn that on that day two persons had gone on board said ship without any intimation to him, the consul, and without giv- ing Shields any intimation of their willingness to permit the presence of an inter- preter designated by him, and proceeded, m the name of the judge of crime, to put to him a number of interrogatories, and then proceeded to write down certain answers which they asked him to sign. Shields protested that the replies so written down were not correct and refused to be sworn or to sign anything unless the exam- ination was made in the presence of the United States consul or of some interpreter whom he should name. * The same course was adopted towards Capt. Jenkins, of the steamship Keweenaio, a witness in this case. He was first informed that he could give his evidence through an interpreter designated by himself, but when he presented himself before the judge, accompanied by Mr. August MoUer, vice-consul of the United States, as inter- preter, his evidence would not be taken through that gentleman, and he was pre- vailed upon to give it through the court interpreter. I now beg to inclose to your excellency certified copy of a sworn declaration made by Patrick Shields before the United States consul at Valparaiso on 18th instant, setting forth the particulars of his imprisonment and detention and the bad treat- ment which he received at the hands of the police (Inclosure No. 2) ; certified copy of sworn declaration of Charles A. Wheeler, mate of steamship Keweenaw, in relation to the attempt to obtain the evidence of Shields on board said ship (Inclosure No. 3) ; certified copy of sworn declaration of Charles R. Malcolm, engineer of said ship, in relation to the physical condition of Shields (Inclosure No. 4), and certified copy of sworn declaration of Andrew McKinstrey, fireman on board said ship, setting forth that he had seen Shields, while a prisoner, struck on the back of the head with a broom handle and knocked down because he rested from work while grinding com; that on Shields arising from the ground he saw hhn again struck on the head by the same policeman and knocked down on the ground, where he lay insensible about five minutes; and that when he arose he saw him bleeding from the nose and month. I also inclose certified copy of additional certificate from ,Dr. Stephen S. White, of the United States cruiser Baltimore dated 20th instant, giving details of the in- juries inflicted upon Shields; injuries which, according to the doctor's opinion and ac- cording to the sworn declaration of the chief engineer of said ship, are calculated to incapacitate him for active work for a considerable time, and perhaps for Ufe. _ The consul of the United States at Valparaiso, after the most careful investiga- tion, is convinced, and he has assured me that a terrible injury has been inflicted np- onthis man, not with the knowledge or sanction of the authorities of Valparaiso, but owing to some laxity or defect in the police system which permits the retention and DIPLOMATIC COEKESPONDENCE. 167 compulsory employment at menial labor of persons without tie sanction of the judicial power. I therefore submit this case to your excellency with full confidence that it will receive from the Government of your excellency the consideration which I believe it deserves. Again renewing the assurances, etc., Patrick Egan, Mr. Hgdn to Mr, Blaine. No. 241.] LB(iATION OP THE UNITED STATES, Santiago, Ifovernber 30, 1891. (Eeceived Jamiary 13, 1892.) Sir: I have the honor to send herewith' Inclosure No. 1, copy of com- munication from Capt. Schley, of the Baltimore, dated 24th instant, with attached correspondence between him and the intendente of Val- paraiso up to that date, in relation to the attack upon the men of his ship in Valparaiso on 16th October. As will be seen from the correspondence the men of the Baltimore appeared before the judge of the court of crimes and gave their evi- dence on 20th instaiut, under the conditions approved by the Depart- ment of the Navy.' I have, etc., Pateiok Egan. [IncloBure 1 in No. 241.] Ca^t. Sehley to Mr. Egan. U. S. S. Baltimokk (fihst jkatb), Valparaiso, November ^i, 1891. Sir: I have the honor to Inclose copies of the last dispatch of the Secretary of the Navy, referring to the testimony to be given by my men before the judge of the criminal court here, and of notes exchanged with the intendent of the province in relation to this matter. This will bring your files up to date. I would also state that my men have appeared and given their testimony to the court. Very respectfully, W. S. SCHLBT, Captain Commanding. [Attaclunent A to Inoloaure 1 in No. 241.] Captain Schley to the Intendente of Valparaiso. U. S. S. Baltimore, Valparaiso, November 17, 1891. Sir : I have the honor to inform your expellpncy that my men who were wounded in the disturbance of October 16 last are now able to appear as cited by the judge of the criminal court, and will be accompanied by an ofttcer as interpreter, who will authenticate such testimonyas may be given. I would request, at the same time, that his honor will oblige me by appointing the earliest practicable day for this hearing. I nave, etc., W. S. SCHLET, Captain Commanding. 158 RELATIONS WITH CHILE, [Attachment B to Inolosnre 1 in No. 241 — Translation.] The Intendente of Valparaiso to Capt. Schley. Eepdbmca db Chile, Intendencia of Vaipakaiso, November 17, 1S9L I have had the honor to receive your official letter in which you do me the favor to state that it is not inconvenient for your sailors, wounded in the events of Octo- ber 16 last, to appear before the judge in the case. As soon as I receive an answerfrom the j udge of the criminal court relative to your quoted official letter, which I have transcribed to said judge, I shall have the pleas- ure to communicate it to you. God guard you. _ . ° J. DE D. Aklegui. [Attachment C to Inclostire ITo. 1 in No. 241 — Translation.] The Intendente of Valparaiso to Capt. Schley. Eepdblic of Chile, Intendbncia of Valparaiso, November 18, 1891. The judge of the criminal court, in an official letter of this date, informs me as fol- lows : "At this moment I have received your note of yesterday, and in replying to it per- mit me to say that this tribunal will put into execution the pending confrontation of witnesses between the sailors of the Baltimore and the culprits in the cause, the 20th of the present month, from 3 to 4 p. m. " Do me the kindness to transmit the present communication to the captain of the Baltimore." Which I have the honor to bring to your knowledge for the purpose in view. God guard you. J. DB D. ARLEGtn. ) [Attachment D to Inolosiire No. 1 in No. 241. — Translation.] The Intendente of Valparaiso to Capt. Schley. Rbpublica de Chile, Intendencia op Valparaiso, Valparaiso, November 18, 1891. The judge of the criminal court, under date of the 16th of this month, informs me as follows : . • " In the process which this tribunal has instituted with respect to the disorders of the 16th of October-last, it has been directed that I reply to you with relation to what the captain of the Baltimore asks in the official letter, a copy of which you have been good enough to send, with your note No. 3305 of the 11th of the present month, as follows : " 'Valparaiso, November IS, 1891. " ' I will reply to the intendente of the province that this tribunal will be able to give all the copies which may be asked of the declarations taTjeii in this examina- tion by the sailors of the Baltimore, and other witnesses in the cause, when the pro- cess, having p issed to' completion, shall not require the legal secrecy exacted by the present state of the same. " ' I tell you this in order that you may do me the favor to bring to the knowledge of the captain above named the contents of the present communication.' " Which I transcribe for your information and consequent ends. God guard you. J. DE D. Arlegui. DIPI,OMA.TIC COREESPONDENCE. 159 Mr. Egan to Mr, BlaJine. No. 242.] Legation op the United States, Santiago, November 30, 1891. (Eeceived January 13.) Sik: I have the honor to refer to my dispatch of 20th iustantj No. 236, in reference to the disrespect shown to this legation by some of the police agents or spies by whom it is surrounded, and now beg to hand copy in Spanish (inclosure No. 1) and translation into English (inclos- ure No. 2) of a note received from the minister of foreign relations, to which 1 would call your particular attention. It will be seen that from the very beginning of those annoyances every complaiat which I have been obliged to make about disrespectful conduct towards the legation has been met by insinuations or suspicions of conspiracy or indiscretions of conduct against the refugees and even against the employes of the legation, but up- to, the present the honor- able minister has not ventured to make a single direct tangible charge, ahd for the good reason that no such conspiracies as those insinuated have ever existed in this legation and no such indiscretions have oc- curred. The suggestion contained in this letter that the persons who laaocked at the window of the legation on the night of the 15th instant, and who used foul language towards the persons inside, were agents of the refu- gees is, on its face, absurd. The Government has a number of its police agents, with whose appearance I am perfectly familiar, around the le- gation day and nighty and it was those same men and /no others who acted towards the legation in the manner described in my notes to the minister. I also beg to inclose copy of my reply to the note of the minister of foreign relations, marked Inclosure No. 3, I have, etc.. Patrick Egan. [Inclosure 1 in No. 242. — Translation.] , Senor Malta to Mr. Egan. Ministry of Foreign Relations, Santiago, November SS, 1891. Sir : Half an hour after the interview between the honorable minister plenipoten- tiary and the undersigned, on Saturday, the 21st, there was received his note, dated 20th, in which was dealt with the same disagreeable affair which, among others, was referred to in said interview, whose termination would give to be understood other things different from the reception of the note to which I have the honor to reply. I regret very much that the honorable envoy extraordinary and minister plenipo- tentiaiy, wHen there occurred a case in which some police agents, in a state of intoxication, had disturbed the peace of the vicinity and even offended against the respect due to the legation, had not denounced it immediately, for then the respec- tive chief and the intfendente of Santiago should have done prompt and strict justice. There are, outside the consideration due to the, honora|ble minister plenipotentiary, other reasons for regretting the delay in denouncing the conduct which he now brings to the knowledge of this department, and that is that the police agents, or spies, as the honorable minister plenipotentiary terms them, may have been agents of the same persons, refugees in the legation, having relation ^ith others who dis- guise themselves in such manner, and who may have had interest in pVovofcing this in a way very little agreeable for the legation and for this department. In all cases the facts having come to the knowledge of the undersigned, even tar- dily, the required investigation shall be made, proceeding in accordance with justice. 160 EELATIONS WITH CHILE. In concluding this letter it will not be out of place to call the attention of the honorable minister plenipotentiary to the fact that some of the refugees in the lega- • tion, on account of their former official positions, possess relations which might enable them to act with other persons not connected with the legatiou, and they, by the action and conduct which have taken place at times, might nave assisted to pro- voke those occurrences which, as well as not being in accordance with the desire and oftoial duty of the honorable envoy extraordinary, can not be so to the under- signed. Neither the acts which the honorable minister complains of nor those which the undersigned svispects, and all of which are caused by the abnormal situation and not very discreet conduct of refugees in the North American Legation, are, repeat- ing the words of the honorable minister, " calculated to promote the spirit of cor- dial friendship which it is so desirable to cultivate between the two countries," but which shall not disturb the high respect and decided courtesy with which the rep- resentatives of both will continue to treat the matter with which they are charged. Eenewing to the honorable minister plenipotentiary the expression of my high consideration, I remain, His obedient servant, M. A. Matta. [Inclosure 2, in 'So. 242.] Mr. Egan to Senor Matta. Legation of the United States, Santiago, November SO, 1891. Sir: On account of a short visit to Valparaiso I have been obliged to delay my reply to your excellency of 23d instant. I am surprised to learn that my note of 20th instant only reached the hands of your excellency after our conference on the 21st, referring to one of the matters treated in said conference. My note was delivered at the m.inistry of your excellency, in the early hours of the 21s1b instant, and naturally I supposed that your excellency had already a knowb edge of its contents when our interview took place at about 3 o'clock p. m. of that day. It does not correspond to me to inquire why the said note was not presented in due time to your excellency by the employes of the ministry, and I only state these circumstances now in order to make clear the facts. In replying to my note your excellency expresses and repeats the opinion that the difficulties occasioned by the police agents or spies who are surrounding this lega- tion may have occurred as a consequence of the conduct of some of the remgoes who, being in relation with other persons not connected with the legation, might have promoted those disorders with a view to provoking conflicts and disagreeablene^, such as I have been obliged to complain of to your excellency. I regret to be under the necessity to deny again, and for the last time, to your ex- cellency those assertions and fears, and I can do so the more positively because I feel that I am well acquainted with and convinced of all that occurs in this legation. I regret at the same time to have to observe to jowc exceUenoy that it appears strange and anomalous that your excellency should ignore the permanent presence in the vicinity of the legation of a number of agents of the secret police, in an official character, and certainly without any participation whatsoever on the part of the refugees in the legation. The irregular conduct of those agents has provolted more than once actual disorders in this neighborhood, and only last night they appear to have interfered with a representative of the National Congress, who, in going out of a neighboring house, was molested or offended by those same agents. It would be idle to attribute to the refugees in this legation any participation in those occurrences, since local authorities have at their disposal ample resources and activity to put in prison any persons whose conduct they may consider suspicious. Besides it is entirely unlikely that agents of the refugees, such as indicated by your excellency, could station themselves in the public streets during entire days with the object of creating disorders, and at the same time be, as I have seen them in constant and confidential relation with the regular police force of the city. ' I am in a position to assure your excellency that the persons about whom I have made complaint, and whose presence and actions have been and continue to be de- cidedly disrespectful to this legation, were undoubtedly agents of the public author- ity, and oonld have had no possible connection whatsoever with therefuo-ees in this legation. " ■ Renewing to your excellency the expression of my high consideration I have the honor to be, your excellency's obedient servant, ' Patrick Egav. DIPLOMATIC CORRESPONDENCE. 161 Mr. Blaine to Mr. Egwn. [Telegram.] Department op State, Washington, December 3, 1891. , Mr. Blaine instructs Mr. Egan to report wlio asked Mm for Ms testi- mony in the Baltimore case which, according to telegraphic advice re- ceived by the Chilean minister from the foreign office,, was requested of him twenty days ago and not given. Mr. Egan to Mr. Blaine. [Telegram.] Legation op the United States, Santiago, December 3, 1891. (Eeceived December 4.) ' Mr. Egan reports that the Baltimore is expected to sail shortly, and that in view of that fact he made unoiHcial efforts on the 3d, through a friendly medium, to have safe-c6nducts granted to refugees, and met with an absolute refusal, but he still hopes for an early solution. He rep- resents the feeling of vengeance entertained by some as terrible and un- scrupulous to a degree that can hatdly be imagined, and says that accord- ing to ilQportant persons, one of them_a cabinet minister, the capture of the refugees would certainly result in the death of some of them. He complains of the proceedings, which Capt. Schley considers most unfair and unintelligible, of the officials of Valparaiso who supply the press with the correspondence relating to the Baltimore case and passing be- tween the judge of crimes, the governor of Valparaiso, and the minister for foreign affairs, the intention being' apparently to prejudice but one side of the case. He makes special mention of one letter of the judge of crimes which was published on the 3d, and by its decided animus created in the press a current of bitter feeling against the men of the Baltimore. He also complains that the presence of the secret police, by which the legation has not ceased being watched, is personally distasteful and evidences but little respect to the legation. Mr, Egan to Mr. Blaine. [Telegram.] Legation op the United States, Santiago, December 4, 1891. Mr. Egan reports that on the ground of treason, breaking the consti- tution, violating the laws, not enforcing the laws, subornation and malversation of public funds, a motion for impeachment against six oi the late cabinet ministers, three of whom are refugees m the legation, was made in Congress on the day previous, and that they hope by this means to have the refugees delivered. He says that he has received from the secretary of the Chamber of Deputies a written request to be allowed to notify the refugees in person, and that he has notified the minister of foreign affairs that he could not with propriety have direct 11 162 RELATIONS WITH CHILE. of the intendente of Valparaiso, dated 28th November, inclosed herein, offlcial intercourse with the secretary of the Chamber of Deputies, his cre- dentials being from the Government of the United States to that of CHle, and that he was surprised that the secretary of the Chamber of Deputies should address himself to the legation instead of to the foreign office. Mr. Egan declares that he will not receive any personal service of notification in the legation without being instructed. Mr. Egan to Mr. Blaine. [Telegram.] LEftATION OP THE UNITED STATES, Santiago, December 4, 1891. Mr. Egan acknowledges the receipt of the telegram of the 3d, and says that he is unable to explain the incorrectness of the statement of the minister for foreign affairs, that he had, no personal knowledge of the circumstances attending the assault upon the men of the Baltimore and has not been asked for his testimony; that he did receive from the foreign ofQce on the 9th of November a note bearing upon certain infor- mation derived from previous letters written by Capt. Schley and the testimony of the sailors transmitted in those letters. As Capt. Schley had been instructed by the Navy Department to treat the matter di- rectly with the locaj authorities at Valparaiso, and was doing so, he so informed the minister of foreign affairs, on whom he called, and who agreed to the course thus taken and said that it would not be necessary to write a reply to his note. He adds that Capt. Schley furnished all the information suppUed by him in his letter of the 3d of November and by sending his men before the judge. Mr. Egan to Mr. Blaine. No. 243.] LEaATioN OP the United States, Santiago, December 4, 1891. [Eeceived January 13, 1892.] Sir : I have the honor to hand herewith, inclosure No. 1, copy of a letter received to-day from Capt. Schley, with attached copy of corre- spondence between him anil the intendente of Valparaiso to date, in re- lation to the attack upon the Baltimore sailors on 16th October. Throughout this investigation, which is supposed to be so secret that nothing of its proceedings can be given even to a friendly Government, there has been a constant interchange of letters between the judge oi crimes and the intendente and some communications with the minister of foreign relations, all of which, as well as the letters between Capt. Schley and the intendente, have been published in the press with the evident intention of molding public opinion on this matter; the result being a number of very bitter criticisms and attacks upon the United States and its Navy and upon this legation. I beg to call your attention to the very extraordinary statement of the Judge of Crimes in reference to the case of two of the men of the Bal- timore who, after giving their evidence, indulged in too much drink and returned to court to sign their informations more or less intoxicated. You will find this statement on pages 11 and 12 (9 to 12) of the lettei; DIPLOMATIC COEEESPONDENCE. 163 I . * ' I also inclose copy of telegram received from you to-day in regard to the extraordinary statement of the minister of foreign relations tele- graphed to the Chilean minister in Washington, and also copy of my reply, which folly explaias itself. I have, etc., Patrick Egan. [Inolosure in No. 243.] ^ - Capt. Sehley to Mr^ Egan. U. S. S. Baxtimoke (first bate), Valpa/raiao, December 3, 1891. Sir : I have the honor to transmit the last letters whioh refer to the occurrence of ^ the 16th of October, and I -would state that I acceded to the request of the judge for ' a commission of experts to confer with reference to the character of the shot which killed Eiggin. I would state that the testimony of the men mentioned in his honor's letter was given before him yesterday, as well as that of Jerry Anderson, coal heaver, one of those wounded on October 16, and coal heaver L. A. Wallace, in the presence of Lieut. McCrea of this ship, under the same fules observed on the 20th of November, when the other witnesses appeared; This I hope will conclude the matter as far as the Baltimore is concerned, and, at all events, completes the confrontation in the case up to date. Eeferring to that part of the judge's letter relating to the appearance before him of two of my men in a condition of intoxication, I would say that his letter makes it appear that these men came in such a state before the court to testify. This is not the fact at all ; they had afflBdy given their testimony and had appeared to sign the court copy of the same. ' The letter of his honor is written to the public more than to myself, and is evidently intended to create prejudice in the public mind similar to that whioh this communication shows to exist unquestionably in his own. Very respeotfally, W. S. SCHLBY, Captain, Commanding. The Intendente of YalparaAso to Capt. Schley. Reptjblica db Chile Intendenoia of Valparaiso, November ^8, 1891. The Captain of the Cruiser Baltimore, of the United States Navy : The judge of the criminal court, in an official letter of the 26th instant, informs me as follows: " On the 20th of the present month a confrontation, with profitable results to the food success of the inquiry, was held before this court between' several sailors of the 'aJiimore and the culprits in the process, which it instituted with reference to the disorders of the 16th, and although the undersigned is maioly interested in terminat- ing as soon as'possible this already prolonged proceeding, the declarations of some of the sailors above alluded to make it indispensable to vacate the previous citations, and to hold a new confrontation between tbree of these sailors and other witnesses in the case. ^ ' . " It is also-thought necessary to hear the account of the doctors who attended the dead sailors after the examination ordered by this tribunal and the opinion of a commis- sion of experts, keeping in view the arms carried by the police during the disorders of the 16th, and the perforation of a neckerohief worn by James M. Johnson, at the time when, according to him. Tie went to assist the murdered Eiggin, and which was first made by the ball which ended his (Eiggin's) days, in order that it (the commis- sion) may then inform this tribunal whether the said perforation could or could not have been caused by the rifles with which the police were armed. " In regard to the medical report as well as in regard to the technical , commission which has just been referred to, I have thought it proper to appoint, as an evidence of the absolute impartiality with which this tribunal is proceeding and of the desire 164 RELATIONS WITH CHILE. to throw light upon the lamentable event which it is investigating, the surgeons of the Baltimore and one of the superior officers of that vessel to concert with the other experts designated by the court in this act of justice. ' ' Giving expression to these ideas and to others which the continuation of the proc- ess requires, the court under date of the 2l8t of the present month decreed among other things, the following : ^ i. . " 'The declaration of James M. Johnson appearing to contradict that of the wit- nesses Vergara, Castro Jeria, Hernandez, and Iglesias, let a confrontation be held between afl of them and Charles Langen, also a sailor of the Baltimore. " ' The city doctors, Antenos Calderou and Daniel Carvallo, associated with the doctor of the cruiser Balkm^yre, and with other medical men, who may have seen Kiggin before and after his autopsy, will inform this tribunal : " '(1) Whether the shot wound which produced the death of that sailor was caused by a revolver or a rifle, giving the caliber of the projectile and the effects of the same; and in case the last is resolved uj)on, if it could have been fporp the rifles or carbines used by the police, examples of which will be placed at their disposition; and . " '(2) Whether the.nature and gravity of the wounds inflicted by a cutting instru- ment , rather than the shot wound, might have removed the same Biggin, and the probable time necessary for the cure of these wounds. " ' Be pleased to ask information of the doctor who examined sailor Trumbull, whose real name is Tumbull, in his last illness, regarding the precise causes and reasons of his death. " ' Be pleased to name a commissionof experts composed of Commander Vicente Zegers Kecasen, Lieut. Col. Jos6 Maria Bari, and Lieut. Henry McCrea, of the cruiser Baltimore, in order that, keeping in view the neckerchief delivered by sailor Johnson during the confrontation, and the rifles and carbines with which the police were armed during the disorders of the 16th, they may inform this court whether the holes which are noted in the mentioned neckerchief have or have not been produced by a ball shot made with these arms. 3ji;?,3 " ' Be pleased to send an official letter to the intendente^pf the province in order to obtain through him from the captain of the Baltimore the exact descriptive list of the deceased W. Tumbull ; and to ask that the witness, Eugene Frank, be cited in order that, given the descriptive list of that sailor, he may make clear whether he was or was not the person that the ctdprit Carlos Gomez wounded. The same Gomez and Federico Jensten will also make declaration regarding the same.' " I beg yo'u, therefore, that in order to give completion to the decree, having tran- scribed this, you will be pleased to transmit the present communication to the cap- tain of the Baltimore, that he may grant the necessary permission to the doctor of that ship and to Lieut. MoCrea, in order that both may accept the commissions which this tribunal commits fo them, and that he may arrange in the same manner the con- frontation of the sailors, Johnson, Langen, and John Davidson, who, according to the before-mentioned decree, will be brought face to face with the invalid saOor, Adrian Bravo, indicated in the last appearance, when brought toyetker as one of the promoters of the disorders of October 16. The same captain will be good enough also to remit by means of your official intervention the other facts which this coiSt has thought necessary to ask, notifying him that, sailor TurnbuU having died on board the Baltimore, the doctor who attended him in his last illness must belong to the same cruiser. " Counting on the acquiescence of the captain of the Baltimore, the court fixes the 30th from 2 to 3 p. m. for the hearing of the new confrontation thiit has been ordered. " In conclusion, Mr. Intendente, I must add that in order to preserve the dignity of the proceedings of this court, during the continuance of the confrontation held on the 20th, it was necessary to remove by force one or two sailors of the Baltimore who presented themselves in the court room in a state of intoxication, and whose be- mi^'ior necessitated their removal. " The court could have better punished for itself the lack of respect which these sailors committed, but as a demonstration of special kindness towards the represent- atives of the Navy of the United States in this port it consented that they should be taken back to their ship, being satisiied with the full excuses that Lieut. McCrea, who had charge of the sailors that were giving their declarations, made for this same act and with the formal promise that their fault would be severely punished on board of the same cruiser. " In recording in this note that strange incident of the confrontation I have no other purpose than that of calling the attention of the captain of the Baltimore to the in- evitable excesses that seamen deliver themselves up to alwavs when they come on shore, even when it may be to appear at the citation of a tribunal of a friendly nation which affords them hospitality, and even when they may be under the im- mediate watch of their respected and\onorable chief who conducts them. DIPLOMATIC dOERESPONDENCE. 165 "Perhaps that incident will ^oquaiut the oaptaiiiof the Baltimore heitei than the actual proceedings of th§ trial the real oTigin of one of the causes that must have had much influence in the disoTders of the X6th of October." Which I have the honor to transcribe to you, in order that you may be kind enough to assist, if you pl»ase, the action of justice in this grave business. God guard you. I. DB Db. Arlegui. / Capt. Sohley to the Intendente of Valparaiso. United States Steamer Baltimore (first rate), Valparaiso, December 1, 1891. Sir : I have the honor to actnowledge the receipt of your letter of Novembeir 28. which reached my hands about 1 p. m. of November,30, too late to make the ar rangements suggested by his honor for the meeting of the experts, as well as for a new confrontation of witnesses who have alre.ady testified, in order to clear up cer^ tain points, etc. * 1 I have the honor to suggest that coal-heaver Jerry Anderson, one of the wounded, and coal-heaver L. A. Wallace, the companion who was with him when attacked and stabbed on the afternoon of October 16, may be examined by the court; also that Peter Johnson, pliancia ; Frederick — -^:—, boatswain, Fiscal Mole ; the keeper of the "Stag" saloon; boatman No. 300; the keeper of the "Royal Oak" saloon; Robert Lindsay, sailor; Charles Lanotot, may be examined by the court. All these persons can bear witness to facts pertinent to the issue. I have the honor, etc., ' W. S. SCHLKY, Captain, Commanding. Mr. Egan to Mr. Blaine. No. 244.] ^ LEGATio]vr OP the United Staiies, Santiago, December 4, 1891. (Eeceived January 22,. 1892.) SiE : Finding that the Baltimore was about to go north I have, dur- ing past couple of days, endeavored unofficially to obtain safe conducts or even a simple permission for the refugees td go on board, but I learn that the ministry unanimously refusedi to even consider the matter. They have still hopes that they can induce the Grovernment of the United States to surrender those men for puriishment, 'which, in one case at least, that of G-eneral Qana, ex-commander in chief of the army, would, I am assured, be vei;y severe. Yesterday I was assured by a cabinet minister that General Glana and some others of those now in this lega- ' tion would be- killed most certainly if captured in any attempt to leave the country, which opinipn, expressed more than three moiiths after the close of the war, will serve to show how desperate and lasting is the desire of some of those people for vengeance upon their vanquished op- ponents. This persecution of the vanquished party is sowing the seeds of far- ther and perhaps more serious troubles for this .country in the not dis- tant future. . . * I have, etc., * Pateick Egan. 166 RELATIONS WITH CHILK. Mr. Egan to Mr. Blaine. No. 245.] Leg-ation of the United States, Santiago, December 5, 1891. (Eeceiv^d January 22, 1892.) Sir : I have the honor to refer again to the receipt of your telegram on yesterday, stating that Chilean minister for foreign affairs has tele- graphed ChUean Minister Montt in Washington that my testimony in Baltimore case was asked twenty days ago and not given, and request- ing to know by whom was I asked. I telegraphed on yesterday to say that this statement on the part the condition of Shields when he visited him on the Keweenaw by order of Capt. Schley. " (2) ' How and when was he put in prison?' " Shields states in his affidavit thaj; he was arrested and taken to prison on the 24th of October, by the police of Valparaiso. He also states that the prison where he was confined was near the Plaza Victoria. " (3) ' What judicial investigations were made, or omitted to be made, on shore or on board ship?' "On the 4th of November I addressed a communication to his excellency, the inteii- dente of Valparaiso (a copy of which I have sent you), asking that an immediate in- vestigation be made with a view of ascertaining how, and by what means, Patrick Shields received his injuries, and under date of the Tth of November, I received a reply from his excellency (a copy of T^hich I have sent you) transmitting copy of a letter from the judge of the court of crimes. Subsequently, Capt. Jenkins of th& Keweenaw, in:formed me that he had been cited to appear at the court, and that h& was informed that his testimony was wanted in the case of Patrick Shields. He also informed me that he requested the judge to permit him to select an interpreter to interpret his testimony and that he was informed by the court that the United States authorities had waived the right to nominate an interpreter in the case of the Baltimore men, and declined the request. "I have also been informed that two men visited the Keweemaw and claimed that they had been sent by the court to take th6 testimony of Patrick Shields, and that he declined to be sworn or to give testimony except in the presence of the United States consul or through his own interpreter. The truth of this statement is' also' corroborated by the sworn testimony of Shields and by that of the mate of the Ke- weenaw. I "Having called the attention of the authorities to the brutality of this case and having requested that an investigation be made, I had expected to be called upon to give kny information in my power or that might have, come to my knowledge to aid the court in its inquiry but I have not been called upon for such information. "(4) 'Some peculiar circumstances which may have occurred in this matter:' " The circumstances in the case are all peculiar. Shields testified that he had been, most brutally beaten with' sticks by policemen (the testimony is corroborated by an eye witness) ; he was denied the privilege of seeing the United States consul ; he states that he was never brought before the court although he repeatedly asked to see the judge; he makes complaint to the consul of his treatment and the matter is by him brought to the attention of the authorities and an investigation is requested. The judge replies that he will investigate and, so far as I am informed, there the matter rests. " Two men visited the ship Keweenaw, claiming to represeiit the court and asked Shields to be sworn. Had the authorities requested me to go with their men (if they were sent by the court) or had the court intimated to me that it desired any infor- mation I might have on the subject it would have afforded me great pleasure to- render any assistance in my power. " The Keuieenaw left this port November 23d for the United States, Shields on board. "Dr. White, of the U. S. S. -BaHimore, who attended Shields from the 3d of Novem- ber until the Keweenaw left the harbor, informs me that he was very seriously and dangerously injured and that it would be a long iime before he would be able to perform manual labor." With which, etc., Patkick Egan. 172 RELATIONS WITH CHILE. Mr. Egan to Mr. Blaine. No. 247.] Legation op the United States, Santiago, December 7, 1891. (Eeceived January 22, 1892.) Sir : Ou the 3d instant I received from the secretary of the Chamber of Deputies a note, of which I molose translation (inclosure 'So. 1), in- forming me that on that day an accusation had been made in the Chamber against certain ex-ministers of state of ex-President Balmaceda, and requesting permission to enter this legation to serve notification upon three of said ministers now refugees in the legation. I immediately addressed a note to the minister of foreign relations, (inclosure No. 2) bringing the matter to his knowledge and expressing surprise that the secretary of the Chamber of Deputies should have ad- dressed himself to this legation and not to the ministry of foreign re- lations. ' The ministers impeached are Senors Claudio Vicuna, Domingo Godoy, Ismael Perez Montt, Jos6 P. Gaha, Jos6 Miguel Valdes Car- rera, and GuillermoMacKenna, the three latter of whom arenowrefugees in this legation, and the accusation is for treason, breaking the consti- tution, acting in defiance of the laws, not having put the laws iu 6xe- eution, malversation of public funds, and subornation. I informed you fully of these matters in a telegram of 4th instant. Ou the 5th instant the minister of foreign relations replied to my note, a translation of which is inclosed (No. 3), giving explanation of the irregularity into which the secretary of the Chamber had fallen, and repeating the request for permission for the secretary of the Cham- ber to serve notification upon the refugees. I replied to this note on 7th instant (inclosure No. 4), repeating from my note of 22d October, certain arguments in relation to the question of extraterritoriality and the admitted legitimacy of my action in granting asylum to the persons now in the legation, and stating that in view of the continuance of the same situation and for the same considerations stated, I did not feel authorized to concede the permission requested. I have the honor, etc. .Patrick Egan. [Inclosure 1 in No. 247.— Translation.] Secretary of Chamber of Deputies to Mr. Egan. Chamber of Deputies, Santiago, Deeemher 3, 1891. Mr. Minister : There has beeu presented to-day to the honorable Chamber of Dep- uties an accusation against the various ex-ministers of state. Amongst those it has been suggested in the said Chamber that there are some refugees in the legation in charge of your excellency, and it has agreed that the undersigned secretary siiall pro- ceed to notify them of said accusation in case that your excellenoT should be willing to permit it. In virtue of this I beg your excellency to be good enough, if yon will, to indicate to me the day and hour when I may call at the house of the legation to comnlv with said agreement of the honorable Camara. Availing of the opportunity, etc., i M. R. Lira, Secretary. DIPLOMATIC COREESPOlirDENCE. 173 llncloBure 2 in ]Sro. 247.] Mr. Egan to Senor Matta. \ Legation of the Unitkd States, . ^ Santiago, December S, 1891. . Sir : Under this date I have received a note of which I have the honor to hand copy to your excellency herewith, addressed to me by Sefior Don M. E. Lira, in the name of the honorable Chamber of Deputies. Being accredited by the Government of the United States of America near to the Government of your excellency, I can not with propriety treat directly with the secretary of the honorable Chamber of Deputies. I thferefore take leave to bring this matter to your excellency's knowledge, at the' same time expressing my surprise that the secretary of the honorable Chamber of Deputies ■ should have addressed himself to this legation and not to the ministry of your excellency. Renewing the assurances, etc., Patrick Egan. [Inclosnre 3 in 'So. 2A1 TranslaMoh.]: Senior Matta to Mr. Egam, Ministry of Foreign Eelations, . . ; SanMago, December 5, 1891. Sir : While not questioning the gitjunds which your excellency had on receiving the note of the secretary of the,Chanlber of Deputies of which you inclose copy, to feel surprised that the request contained therein had not been made through the medium of this department,, the undersigned believes he can explain this irregu- larity in a form in which it happily should not offend rights and immunities worthy of consideration. , "^ The honorable envoy extraordinary can easily conceive that in treating of a mat- fer so exciting as the accusation initia,ted the day before yesterday in the Chamber 1 Deputies aga/inst persons so conspicuous as Messrs. JosI F. Gana, Guillermo Mac- Kehna, and Jos6 Miguel Valdes-Carrera, whose actual residence is known to all, the secretary of th6 Chamber may have fallen into the error of addressing him directly in order to effect promptly the desired object, which ''tnno decirle que Iqs informes sobre los cuales se apoyan Memoria y Mensaje son errrtnftns rt deliberadamlente inexactos. Eespeoto asilados, uunca han estado amenazados de ser tratados con crueldad, ni se les ha pretendido sacar de la Legacion, ni pedldose entrega de ellos. JamSs la casa ni la persona del Plenipotenoiario, & pesar de indiscreciones y provocaciones calculadas, han recibido agravios, como est^ comprobado por las once notas de Septiembre, Octubre y Noviembre. Eespecto marineros Baltimore, tampoco hay exactitud ni lealtad en lo que se dice en Washington. * It has been deemed best, for greater accuracy, to substitute for the copy of the note addressed by Senor Matta to Mr. Montt, as telegraphed by Mr. Egan, the copy as printed in the Diario Oficial, which was received by Mr. Egan from the Chilean Foreign OflSce, having upon its face the ofScial seal of that ofSce. DIPLOMATIC CORRESPONDENCE. 179 El suceso tuvolugar en malos barrios de la oiudad, el Maintop de Valparaiso; y entre gentes que no son modelo de discreoion y temperancia. Cuando la poliola y otras fuerzas intervinieron y calmaron el tiimultd, habia ya algunos centenares de hombres y 61 estaba S, diez cuadras 6 mas del sitio donde einpezd. Mr. Egan paff6 nota agresiva de propdsito y virulenta de lenguaje, el 26 de Octu- bre, oomo se ve por la oopia y nota oontestada el 27. El 18 se habla empeza^o'sumario qne se ba demorado por no comparecencia tripu- lantes del Baltimore y por pretensiones y negativas indebidas del mismo Mr. Egan. Jamfis de parte de esta Secretaria se ba aeeptado niinioiado una provoeacion, oouservfedose siempre en actitud que, si ha sido de firmeza y de prudencia, nunoa ha sido de agresion ni seril de bumlUacion por mas que los interesados en oohonestar Bu conducta rt ofuscad6s por errdneos oonoeptos bayan diobo 6 digan en Washington. ,Los telegraraas, notasy cartas enviadas SUsiacontienenlaverdad, todala verdad, de lo que ha babido en estas gestiones, en las ouales la mala voluutad, las palabras y las pretensiones cousiguientes no son de esta Secretaria. El seSor Tracy y sefior Harrison hau sido inducidos en error respecto nosotros, pueblo y Gobiprno. Las instrucciones de imparcialidad y de amistad no ban sido cumpudas ni ahora ni antes. •■ Si no ha babido quejas oficiales contra Miuistro y marinos es porque los hechos piiblicos y notorios en Chile y Estados Unidos no se ban podido hacer valer por nuestros agentes confidenciales, aun cuando est^n Men comprobadoa. Las peticiones de Balmaceda y las concesiones bechas en Junio y Julio, toda lo del Itata, el San Francisco en Quinteru y las companfas del Cable son pruebas de ello. Es calculadamente inexacto que los marineros norte amerioanos fuesen ataoados en varias localidades & un' tiempo. No estando concluido sumario, no se sabe aun cuantos ni quienes son los culpables. Usia debe tener la nota d'e 9 de Noviembre, contestando & Miuistro Egan, como aquella en que se le pidi6 testimonio que no ha querido dar, sin embargo de ba ber diobo que 61 tenia las pruebas para seflalar al bomicida y otros culpables del 16 de Octubre. Esa y todas lasdem^notas se publioaran aqni. Usfadebera publicarlas traducidas Desautorice, entre tanto, todo lo que sea contrario Si estas noticias, seguro de su exactitud, como lo estamos del derecho del decoro y del 6xito final de Chile, &, pesar de las intrigas que van de tan abajo y de las amenazas que vienen de tan alto en 1^ actualidad. Matta. Egan. [Traoislation.] Having read the portion of the report of the Secretary of the Navy and of the mes- sage of the President of the United States, I think proper to inform you that the statements on which both report and message are based are erroneous or deliber-: ately incorrect. , With respect to the persons to whom an asylum has been granted, they have never been threatened with cruel treatment, nor has it been sought to remove them from the legation, nor has their surrender been asked for. Never has the bouse nor the person of the plenipotentiary, notwithstanding indis- cretions and deliberate provocations, been subjected to any offense, as is proved by the eleven notes of September, October, and November. With respect to the seamen of the JBaltimore, there is, moreover, no exactness nor sincerity in what is said at Washington. The occntrenee took place in a bad neighborhood of the city, the Maintop of Val- paraiso, and among p^eople who are not models of discretion and temperance. When the police and other forces interfered and calmedthe tumult, there were already several hundred people there, and it was ten squares or more from the place where it had begun. Mr. Egan sent, on the 26th of October, a note that was aggressive in pxirpose and virulent in language, as is seen by the copy and the note written in reply on the 27th. On the 18tb the preliminary examination had already been commenced; it has been delayed owing to the nonappearance of the ofScers of the Baltimore and owing to undue pretensions and refusals of Mr. Egan himself. No provocation has ever been accepted or initiated by tHis department. Its atti- tude, while it has ever been one of firmness and prudence, has never been one of 180 RELATIONS "WITH CHILE. aggressiveness, nor will it ever be one of humiliation, whatever may be or have beenT said at Washington by those who are interested in justifying their conduct or who are blinded by erroneous views. The telegrams, notes, and letters which have been sent to you contain the truth, tlie whole truth, in connection with what has taken place in these matters, in which ill-will and the consequent words and pretensions have not emanated from this de- partment. Mr. Tracy and Mr. Harrison have been led into error in respect to our people and Government. , The instructions [recommending] impartiality and friendship have not been com- plied with, neither now nor before. If no official complaint has been made against the minister and the naval officers, it is because the facts, public and notorious both in Chile and the United States, could not, although they were well proved, be urged by our confidential agent?. Proof of this is furnished by the demands of Balmaeeda and the concessions made in June and July, the whole /toto case, the San Frandnco at Quintero, and the cable companies. The statement that the North American seamen were attacked in various localities at the pame time is deliberately incorrect. » As the preliminary examination is not yet concluded, it is not j'et known who and hoyr many the guilty parties are. You no doubt nave the note of November 9, written in reply to Minister Egan, in which I request him to furnish testimony which he would not give, although he had said that he had evidence- showing who the murderer was and who the other guilty parties of the 16th of October were. That and all the other notes will be publislied here. You will publish a transla- tion of them in the United States. Deny in the mean time everything that does not agree with these statements, beiug assured of their exactness as we are of the right, the dignity, and the final success of Chile, notwithstanding the intrigues which proceed from so low [a source] and the threats which come from so high [a source]. ' Mr: Egan to Mr. Blaine. [Telegram.] Legation op the United States, Santiago, December 13, 1891. (Eeceived December 14.) The following is my note to minister of foreign ralations: ^ December 12, 1891. ' Hon. Manuel A. Matta : n , Sir : Having learned to-day of the interrogation put vesterday in the Honorable Senate applying to the relations between the United States and Chile, I desire to know, offidiaUy and at the earliest moment possible, if the telegram directed by your excellency to SeBor Don Pedro Montt in Washington, and' which your excel- lency read in the Senate, is the same as that published in the Ferro-Cairil of to-day, a copy of which I have the honor to send herewith. In this teleglam your excel- lency, as minister of foreign relations of Chile, referring to the message of the Presi- dent of the United States and the report of the Secretary of the Navy, says: [Translation.] The statements on which both report and message are based are erroneous or deliberately incorrect * * * With respect to the.seamen of the £««- tmwre, there is, moreover, no exactness nor sincerity in what is saidat Washington, Referring to my note of 26th October your excellency characterizes it as— [Translation.] aggressive in purpose nnd virulrnt in language With regard to the summary examination begun on the 18th of" October vour ex- ellenjcy says that : "^ ..T-'^'^^^?,^^^*^""-^ , ^^ ^^^ ^'^^^ delayed owing to the nonappearance of the officers of tTnoBalUmore and owing to undue pretensions and refusals of Mr. Egan himself ■ Alluding to the testimony regarding the summary ,your excellency says : [Translation.] You no doubt have th* note of November 9, written in reply to Minister Egan, in which I request him to furnish testimony which he wouldnot mv«, although he had said that he had evidence showing whp the mui-derer was and who the other guilty parties ot the 16th of October were. ' And your excellency concluded this telegram by saying ■ [Translation.] Deny in the meantime everything that does not agree with these DIPLOMATIC CORRESPONDENCE. 181 statements, being assured of their exastuess, as we are of the right, the dignity, and the final success of Chile, notwithstanding the intrigues which proceed from BO low [a source] and the threats which come from so high [a source]. I heg your excellency to be good enough to favor me with a reply regarding the authenticity of the telegram to which I refer and wlioh your excellency has read to the honorable Senate with, as stated by your excellency, the special authority of his excellency the President of the Republic and after having consulted with the other members of the honorable cabinet. With the due expression of my consideration, I remain your excellency's obedient servant, ' , Patrick Egan. ' ■ Since addressing the above note I find that the telegram referred to has appeared in the same terms in the official diary, and has been for- warded by the Chilian minister at Buenos Aires to all Cjjiilian lega- tions in Europe. The correspondence between this legatiion and the Government on the Baltiniore case is published in all papers here to-day. E^aAN. Mr. Ugan to Mr. Blaine. * P?elegram.] ' ' Leg-ation op the United States, Santiago, December 14, 1891. , (Eeceived December 15.) I have just received the following reply to my note of 12th Decem- ber, 1891: [Translation.] Sir : Yesterday, after 6 o'clock in the evening, at his house,' the undersigned re- ceived your note of the 12th, in which, inclosing a copy of the newspaper called the Ferro Carril, containing the /telegram addressed on the 11th instant to Don Pedro Montt at Washington, you inquire -whether the printed text is authentic. In reply , the undersigned has the honor to state that, with the exception of very slight differ- ences of words ot letters, the said text is the sanle that was transmitted by the de- partment of foreign relations. The copy of the newspaper inclosed in your note is herewith returned to you, and, to the end that a comparison may be made, "the updersigned incloses the Official Journal of the 12th, wherein you will find the genuine text of that telegram, and the contents of the series of notes which have passed between the United States le- gation and this department in ;relation to the riot of October 16 and to the case of the persons to whom an asylum has been granted. Inasmuch as that telegram is an oflBcial act of the Government of Chile, whereby it communicates ihsliruotions to its envoy extraordinary and minister plenipotentiary in the United States of North America, any explanation or dissertation on the part of the undersigned could add nothing to its contents, which are to serve as a guide for Don Pedro Montt at Wash- ington in treating of these matters. Your note being thus answered, the undersigned renews to you, as usual, the assurance of his high consideration, and signs, himself, Your obedient servant, ' " , M. A. Matta'. Egan. ^Mr. Egan to Mr, Blaine, No. 251.] Legation of the United States, Santiago, December 14, 1891, ' (Eeceived January 22, 1892.) Sir : I have the honor to inclose a copy of a telegram* sent on 12th instant, transmitting copy of a telegram forwarded by the minister of foreign relations to the Chilian minister in Washington and read by *See telegram from Mr. Egan, dated December 12. ' 182 RELATIONS WITH CHILE. the minister iu the Senate here, with, as he stated, the authority of the ^President and kfter consultation with his colleagrues of the Cabinet. I telegraphed the document in Spanish as published, and as you must tave in the Department the necessary datum to enable you to judge of its entire want of veracity, as well as of its animus, I did not deem it necessary to accompany it with any denials or comments of my own,' nor do I think it necessary now to do so beyond giving one illustration of the entirely careless manner in which this gentleman flings state-^ ments and charges of bad faith, deliberate misrepresentations, ani; want of truth and loyalty against all with whom he happens to difEeE-; in opinion from this legation and the officers of the Navy to the Presi- dent of the United States. In one sHort paragraph of his telegram to Seuor Montt there are, as can be seen from the correspondence now on file in the Department,. two misstatements, one of them of a serious nature, in reference to me. He says: V. S. debe tener la nota de 9 de Noviembre oontestando al Minisfcro Egan, como aquella en que se le pidi6 teatimonio que no ha querido dar, sin embargo de haber (dioho que el tenia las pruebas para senalar el homicida y otros culpables del 16 de Octubre, which, translated, reads , t You should have the note of 9th November replying to Minister Egan, being the ' one in which he is asked for testimony which he has not been willing to give,notwith- standing having said that he had the proofs, in order to indicate the murderer and the other criminals of the 16th Ootob.er. In the first place the communication of the minister of 9th November was not a reply to one of mine, but an original note, and in the second, . there is no record of my having said, and I never did say, that " I had the proofs in order to indicate thfe murderer and other criminals of the 16th October." As can be seen by reference the note of 9th November was not based upon anything that I said ,or wrote, but upon a communication of Capt. Schley to the Intendente of Valparaiso, dated 1st November, which is fully dealt with in my No. 245 of ith December instant, and in « which he said : I am of opinion that if application be made to him (the United States minister) your exoellenoy wiU be supplied with the names of several individuals who will be able in their turn to give you other names of persons -who saw the killing of Riggin and the wounding of a number of others of my men during the lamentable disorders of the 16th ultimo. In consequence of the most extraordinary terms of this telegram I addressed to the minister, under date of 12th instant, a note* request- ing to be informed if the text as printed in the Fen-ocarHl was authentic, to which I received to-day the reply t of the minister informing me that with the exception of some slight words and letters the telegram las printed was the one transmitted by the minister of foreign relations^ , and that it is an official act of the Government of Chile which must serve as the rale of conduct of Senor Montt in Washington iu reference to the matter referred to. ' ' This telegram, which was read in the Senate the 11th instant, accom- panied by a very bitter speech from Minister Matta, was published in the BiariQ oficial with , as stated by the minister, the authority of the. * See telegram from Mr. Egan, dated December 13. t See telegram from Mr. Egan, dated December U. DlPLOMATie COEEESPONDENOE. 183 President of the Eepublic, luid after consultation with the other mem- bers of the cabinet and has been telegraphed by the Chilean minister in Buenos Ayres to all the Chilean legations in Europe. I forwarded by telegraph, without abbreviation and without cipher- ing, my note to minister of foreign relations and his reply. I forward; copy of telfe^ram as published in the Biario dficial.* As the telegram to Senor Montt, which having been read in the Sen- ate by the minister, printed in the Diaro oficial, telegraphed to the various Chilean legations and published broadcast, has become an offi- cial reply of the Chilean G-overnment to the message of the President of the United States, is not only injurious to the officers of the United States Navy and to this legation, but' offensive to the Secretary of the Navy and to the President himself, I feel that I should, until the -lan- guage of the telegram be withdrawn or until I may receive your fur- ther instructions, avoid exchanging communications with this Govern- ment. I have, etc., Patrick Egan. Mr. Blaine to Mr, Egan. No. 158.J Department op State, Washington, December 15, 1891. SiK: I have received your No. 223 of the 9th ultimo, inclosing copies of your correspondence with our consul at Valparaiso concerning the case of Patrick Shields, an American seaman, who alleges that he was arrested without cause and brutally treated by the police of that city. The consul's action in bringing the matter to the attention of the local authorities and asking an investigation is approved. I am, etc., James G. Blaine; Mr. Egan to Mr. Blaine. [Telegram.] « Legation of United States, Santiago^Becemher 17, 1891. Mr'. Egan reports that he has not thought necessary to comment upon the instructions sent by the Chilean Government to its minister at Wash- ington, but that pending further instructions he has suspended com- municating with the Foreign Office. He states that policemen in uili- form and numerous detectives have been for several days past been sur- rounding both his and the Spanish legations in an offensive manner; that they are now on ostentatious watch at each corner of the block in which the legation is located. He reports that the ex-President of Ecua- dor and several other persons have been arrested in the last few da^s after leaving the Spanish legation, and that he is promised the harmonious cooperation of the new Spanish charg6 d'affaires. He states that the newspapers are relentless in their offensive and unscrupulous attacks and that he learns from different sources and on rumors which seem to be well founded that it is intended to drive out the refugees by attempt - * See telegram from Mr. Egan, dated December 12. 184 RELATIONS WITH CHILE. ing to bum tlie legation or an adjoining house. He relates the expresr sions of approval from members of the diplomatic corps and says that the British minister has commended to his Government the position taken by him in the whole matter. Mr. Egan to Mr. Blaine. [Telegram.] Legation of the United States, ' Santiago, December 19, 1891. (Eeceived December 20.) Mr. Egan reports that the legation is stiU being watched by some twenty policemen, whose attitude he describes as most offensive, and that his son, an employ^ of the legation, was, for having gone out from the legation at 5 p. m., seized by the arm by a detective, who detained him on the street and called two regular policemen to his aid. He adds that he was allowed to proceed as soon as he was recognized. Mr. Egam to Mr. Blaine. [Telegram.] Legation of the United States, Santiago, December 21, 1891. (Received December 22.) Mr. Egan reports that two gentlemen who had called on the reftigees were arrested at different times on going out of the legation and taken to the police barracks, but were liberated on the absence of any reason for thiefr being detained. He says that on the previous day the min- ister of the Argentine Eepubhc called at the legation on his request, saw how the police are surrounding the legation, and promised to have a consultation with the diplomatic corps, of which' he is dean, and a talk - with the minister for foreign affairs. Mr. Egam, to Mr. Blaine. * [Telegram.] Legation op the United States. Santiago, December 22, 1891. Mr. Egan reports that the Argentine minister made representations on the previous day to the minister for Foreign Affairs as dean of the diplomatic corps, who promised that only the police officers in uniform would be left around the legation and the detectives should be with- drawn. He states that the annoyances have been abated, but not re- Hioved, and the promise made by the foreign office complied with in part only. Mr. Egan to Mr. Blaine. No. 253.] Legation op the United States, Santiago, December 22, 1891. (Eeceived January 22, 1892.) Sir : For the past week this and the Spanish legation have been surrounded by policemen and sometimes by soldiers in uniform and by a number of spies of the Peon or half-breed class, whose attitude has I ' diplomatic' COREESPONDBNCIO. 185 been most Qffensive. There has been most of the time a group of from four to six of those persons statipned ostentatiously at the corner of the block, Jess than 50 feet from tlie legation, while others walk up and down and scrutinize all who 'enter or go out. At the Spanish legation some of these spies are to be found sitting on the very doorstep, and several persons have been arrested on going out from there. In telegram of 17th instant I informed you of this condition of things. I also informed you of the unscrupulously offensive tone of the press, which invents and circulates every kind of calumny against the ofi&cers of the U. S. Navy and against this legation. From Talcahuano, as well as from what I believe to be trustworthy sources here, I learn of a contemplated attempt to burn the legation or an adjoining house in otder to force out thfe refugees, but of such at- tempts I have no fears, as I am taking every possible precaution. In the same telegram I informed you that the English minister had written, his Government in commendatory terms regarding the position which I have maintained here. This I had direct from himself', and he told me at the same time that he had written his Government, Wrongly dissenting from fcertain statements sent to the London Times by a cor- respondent named Thomson, whom they have sent here, and who has been doing everything possible to antagonize the United States' inter- ests in this country. On the 19th instant I informed you by telegram that my son, who is an employ^ of the legation, had been seized by the arm and detained by a police spy on going out of the legation, and when he insisted on proceeding, the spy called to his aid two policemen in uniform, but on one of these recognizing my son he was allowed to proceed. On the night of the same day, at about 10 o'clock, a^ number of those spies and piolice became intoxicated and in front of ^and close to the legatidn made such a disturbance that a pOlide offtcer and a number of men were obliged to. come' to restore order. The situation had become so vexatious that I wrote a note to Senor don Jos6 E. Uriburu, the Argentine minister, who is dean of the diplo- matic corps, and requested him to come to the legation and see for him- self the iaanner in which the authorities were acting. I inclose a trans- lation of my note of which fact I informed you by telegram of yesterday. I also informed you of the arrest, on Reaving this legation, of two gentle- men who had called to visit some of the* refugees, and that after being conducted to the police' barracks tbey were liberated, there being no grounds for detaining them. To-day Seiior Uriburu. called to say that on yesterday he had an in- terview with the minister of foreign relations, whose attention he called to the unprecedented state of things around this legation, and that the minister promised he would withdraw the spies, leaving only the police- men in ufiiform. Although the minister has not fully complied with his promise the annoyance to-day is somewhat abated, and of this fact I informed you by telegraph. There is a change in the Spanish legation, Senor Ordonez, the late minister, having left on 15th instant, and the new minister has not yet arrived. But for this I believe there would be a vigorous protest against the state of siege in which that legation is placed. I have, etc., Patrick Egan. 186 RELATIONS WITH CHILE. [Incloenre in No. 253.— Translation.] Mr. Egmi to Senor Uribwru. Legation of the United States. Santiago, December 19, 1891. Sir : It is probable that your excellency may have had the opportunity to read the communications that have passed between this legation and the minister of foreign relations, some of which referred to a continued series of vexations- inflicted upon this legation. This situation, anomalous and disrespectful towards the person and the residence of the representative of the United States, continues, and is even increasing to pro- portions that each day become more improper anU offensive to the respect due in all civilized countries to diplomatic agents I should esteem it a favor if your excellency, as the worthy dean of the diplomatic corps resident in Santiago, wou4d kindly call at this legation at such hour as may be convenient, in order that your excellency may sqe personally the proceedings that are being adopted, since such treatment, disrespectful and unworthy, can not be looked upon by your excellency or by the diplomatic corps otherwise than with surprise and regret. Availing, etc., , \ Patrick Egan. Mr. Egam, to Mr. Blaine. [Telegram.] Legation of the TJnitbd States, ' Santiago, December 23, 1891. Mr. Egan asks whether, in view of the injurious and offensive terms which have been published and still staled, of the telegram sent on the lith December by the foreign office to the Chilean minister near the United States, he may attend the inauguration of the President of Chile, which is to take place on the 26th of December. Mr. Blaine to Mr. Egan. [Telegram.] Department of State, Washington, December 22, 1891. Mr. Blaine warns Mr. Egan against making the legation dispatches public. Mr. Effan to Mr. Blaine. ' [Telegram.] Lbg-ation of the United States, Santiago, December 24, 1S91. Mr. Egan acknowledges the instructions relating to publicity of dispatches and says that he will strictly comply and has exercised the greatest care in t;hat respect. DIPLOMATIC COEEESPONDENCE. 187 Mr. Ugan to Mr. Blaine. [Telegram.] - Semtiago, December 27, 1891. (Eeceived December 28.) Mr. Bgan reports that tlie legation is still under the surveillance of police officers and of detectives of the lowest class; he says that several letters, which were undoubtedly also sent to Washington, were pub- lished on the 26th, in which the governor of Santiago submits reports to the minister of Foreign Affairs from the police in vindication of the conduct of the authorities towards the legation, composed of a tissue of misrepresentations and untruths. He says that cabinet ministers, members of both houses of Congress, council of state, judiciary, gen- erals and colonels of the army and many others are excluded from the- amnesty which has been voted. _ He says that in absence of instructions he did not attend the inauguration of the President, which took place on the 26th, and that the President of the Senate, at a banquet given in the evening by the President, expressed wishes for the happiness of the nations which were represented at the inauguration of the new Gov- ernment. ^ He states that the intention of getting the right men is delay- ing the formation of a new ministry. Mr. EgarC to Mr. Blaine. [Telegram.] Legation op ijhe United States, Santiago^ Deoember 30, 1891. Mr. Bgan reports that the Chilian Government have received from Grace & Co. information as to the intention of the United States Gov- ernment to deliver an ultimatum, and that the British minister, under instructions received from his Government in consequence of similar news, called at the Foreign Office this day and urged a course of concili- ation upon the minister of Foreign Affairs, who, however, maintained with firmness and defiance the attitude assumed by him. He adds that he has hopes that when a new ministry has been formed a better spirit will be evinced, but that, for reasons already telegraphed by him, it has not,- up to this date, been possible to form it. Mr. Eg'an to Mr. Blaine. ; [Telegram.] Legation op the United States, , « , Santiago, January i, 1892. Mr. Egan, announcing the formation, on that day, of a new ministry composed of two Conservatives, one EadicJal and three Liberals, says that two of them are his personal friends and that he has excellent re- lations with all, and that conciliation wiU mark the disposition towards the United States. I^e says that at least two of the new cabinet offi- cers have 6penly disapproved the telegram sent to Chile's represehta- 188 RELATIONS WITH CHILE. I tive in Washington by the minister of Foreign Affairs, that it is strongly condemned by public opinion, and that it will now be, in his opinion, no difficult matter to have its terms disavowed or the telegram itself withdrawn. He also thinks that all the questions, safe-conduct for the refugees, assault on the Baltimore men, and disrespect to the legation, will be completely settled. Mr. Blaine to Mr. JEgan. [Telegram.] Department of State, Washington, January 8, 1892. Mr. Blaine asks whether all that is personally offensive to the Presi- dent and other officers of the United States in the December circular of the late minister of foreign^ affairs wiU be withdrawn by the new <]fOvernment, also whether a safe-conduct will be granted to the refugees who are still in the legation, and,, finally, whether all surveillance of the legation has been removed. Mr. Bgan to Mr. Blaine. [Telegram.] Legation of the United States, Santiago, January 11, 1892, Mr. Bgan replies that he will return a full answer to Mr. Blaine's tele- gram in the morning, when he expects to see the minister for foreign affairs, whom he could not succeed in seeing oji Sunday. He explains that on Saturday he was in Valparaiso and placed two of the refugees on board the cruiser. He says that they were not granted formal safe- conducts, and that the legation is stiU sheltering five refugees. Mr. Ugan to Mr. Blaine. [Telegram.] • Legation op the United States, ' , . Santiago, January 12, 1892. Mr. Egan reports that he had a convei'sation with the minister for Foreign Affairs on this day, in the course of which he secured for all the refugees permission to leave the country, and was assured verbally that no harm would be done them, but could not obtain a written safe-con- duct; that on the first question he could only receive a promise for as «arly a reply as possible, the absence of the President in Valparaiso makmg it impossible for him to answer at once, and that the legation is now entirely iree from espionage. BIPLOMATIC COERESPONDENCE. 189 Mr. Egan to Mr. Blaine. [Telegram.] Legation of the Unitjgd States, Santiago, January 12, 1892. Mr. Egan says that the judge's report, in the case of the assault on the Baltimore men, which is of great lei^gth, recites Miat the commander of the police makes it appear that an insignificant quarrel, the cause of which is not known to him, between a Ohile^in sailor and an Ameri- can, was the^ origin of the disturbances in which a very large number of people became engaged; that 5 Americans and 1 Chilean were wounded and 31 Americans and 11 Chileans arrested; that the Chilean doctor insists that Turnbull (who was wounded eighteen times and died shortly afterwards) had but thirteen wounds, which were curable in one month, and that Riggin's death was caused by, a pistol shot. He adds that the testimony of several American sailors, who, how- ever, were unable to recognize their assailants, shows that they- were wounded, taken prisoners^ and that the attack was unprovoked. He states that the, testimony of many imJ)ortant witnesses, notably that of the conductor of the street car, from which Eiggin was dragged,, was not taken, and that deductions and suggestions against the Baliiy more men are found in the general evidence which are uujustifiable; that the ."fiscal" says that the attack of three Americans on one Chilean sailor, all being drunk, began the disturbance (which is not supported by evidence), and that Turnbull was wounded in the midst of an attack made on three Chilean sailors by thirty Americans; that John David- son struck with a stone a Chilean sailor who was chasing his compan- ion Hamilton, knife in hand, and admitted that he did so strike him; that for this offense the fl:fecal demands a penalty of from twenty-one to forty days for Davidson, the same for one of the Chileaiis, of from two to eighteen months for another Chilean, and of from three to five years for Gomez. He thinks it may be about two months before the final sentence is passed. ; Mr.. Egan to Mr. Blaine. I [Telegram.] Legation op the United States,' Vali^araiso, January 13, 1892. (Eeceived 3 p. m.) Have just placed in safety on board JbrAjfoww remaining five refagees from my legation, also two refugees from Spanish legation, who were accompanied by Spanish minister. Italian minister also accompanied. Egan. Mr. Blaine to Mr. Egan. [Telegram.] Department op State, Washington, January 13, 1892. Mr. Blaine asks whether the promotor fiscal in one of the five points made by him, viz, the third, says that the evidence of the ofl&cers and crew of the Baltimore has been thrown out because conflicting, as Capt. Evans of the Yorlctown telegraphs. 190 RELATIONS WITH CHILE. Mr. Ugan to Mr. Blaine. [Telegram.] Legation of the United States, Santiago, January 15, 1892. Mr. Bgan replies to the telegram of the 13th, and says that the fiscal analyzes at great length Johnson and Langan's sworn testimony, which shows that a policeman fired at close range the rifle which killed Eiggin, and throws it out, in its entirety, as conflicting; that the same officer ignores the evidence of the officers and surgeon of the Bal- timore and the circumstance of Johnson's tie and shirt being pierced by a bullet, and arrives at the conclusion that Riggin's death was caused by a revolver shot. ' Mr. Egan to Mr. Blaine. [Telegram.] Legation of the Cnited States, ^ , Santiago, January 16, 1892. Mr. Egan transmits a relation of the interview which the minister of foreign affairs accorded on that day and says that he was told that in view of Mr. Blaine's indications and on the ground, taken by the fonner Secretaries of State Buchanan and Webster that no foreign power, through its representatives, could make the message of a Presi- dent of the United States the basis of diplomatic representations or controversy, his Government will not have any objection to withdraw- ing all that may be considered disagreeable to that of the United States in the telegram sent to their representative in Washington' by the former minister of foreign affairs. He adds that he expressed an Opinion that an expression of regret for such parts of that document as were considered cfffensive to the President and other officers of the United States would be expected to complement the withdrawal and that he received from the minister positive assurance that the Chilean minister near the United States had been instructed to express regret for all that might create unpleasantness between the two governments in the case. He wishes to know what action he is to take. Mr. Blaine to Mr. Egan. [Telegram.] Department op State, WasMn0on, January 16, 1892. Mr, Blaine points tp essential dtfifer^nces between anything main- tained by Mr. Webster and what was done by Mr. Matta when, in his message of the 13th December, he instructed Mr. Montt to have that document printed in the United States and referring to the palpable. DIPLOMATIC COEEESPONDENCE 191 insults found in it against the President and other officers of the United States says that, in his opinion, the transmission of the circular was unprecedented. He declares that the desired ^withdrawal by President Montt of everything of a discourteous character should be done freely and^in suitable terms by Ghile. He enjoins prompt action. Mr. Egan to Mr. Blaine. [Telegtam.] Le&ATION of the UtiTITED STATES, Valparaiso, January 17, 1892. (Received January J8.) On January 11 read for the minister of foreign affairs your tele- gram January 8; and in his reply to the questions regarding safe- conduct gaid that he could not, on behalf of the Chilean Government, grant safe-conduct, but personally he would give me the assurance that the refugees leave country whenever th6y pleased. I pressed for writ- ten safe-conduct on the ground that in going by passenger steamer which stops at Chilean ports they might be interfered with by the local authorities. Minister assured me that he would take "measures that there should be no such interference, and that they could go with entire security. On January 12 I . called at the department of foreign relations and informed undersecretary that on that night I should accompany refugees to Valparaiso. Did it, and refugees engaged passage by the British steamer, some to Montevideo and .some to Iquique. On January 15 I had interview with the minister, who maintained that he gives no permission nor, promise of security for the refligees, and refuses to guarantee their safety in passing Chilean ports. He at the same time expressed displeasure that I and the Spanish minister and the Italian minister had accompanied them, and also that the com- mander of the YorTctown fired customary salute for the Spanish minister. Under these circumstances they can not leave Yorktown, and the commander of the YorTctown has telegraphed for instructions as to what disposition he shall make of them. • Bgan. „lfr. JEgan to Mr. Blaine. [Telegram.] 1 Legation op the United States, Yalj^araiso., January 17^, 1893. (Received 6 : 18 p. m.) To Blaine, Washington: The following is from La Union, of Valparaiso, of to-day: [Translation'.] THE REFUGEES ON BOAKD OP THE YORKTOWN. Some of the gentlemen who are stuck fast on board of that vessel intended to sail for Europe yesterday by the John Elder. Others intended to go north by the steamer Punta. It was said that the refugees had come with a safe-conduct from the supreme 192 RELATIONS WITH CHILE. Government, and that they consequently had nothing to fear if they sailed without the protection of the North American flag ; but we understand that no such safe-con- duct has been given, and that atthe last moment they felt in the seat of remorse and fear sundry blows which admonished them not to risk the game, and, perhaps, even with their passage paid, they remained. Thus the reader has them, like oysters on a rock, stuck fast on board the Yorktown, whiph is probably not very satisfactory to the offlcers of the cruiser, who have doubtless been compelled, as courteous seamen, to give up some of their comforts, which are not many, for the benefit of their nu- merous guests. It is said, moreover, that great trouble is caused to the servants. The situation of the refugees is one of uncert.ainty, for they do not know whether . to remain here or go to Europe or return to Santiago. On Friday the Heraldo, which belongs to a member of the present cabinet, printed virulent and utterly untruthful personal attack on me, instigated by correspytident of London Times. Egan. , 2Ir. Egan to Mr. Blaine. , . , [Telegram.j Legation of the United States, Santiago, January 18, 1892. Mr. Egan acknowledges the receipt on the previous day of the tele- graphic instructions of the 16th, and reports that on the morning of this day he had on the subject in question an interview with the minister for foreign affairs, whom he found. well disposed and who promised to return an answer at the earliest possible moment, but could not take any action without consultation. Mr. Egan to Mr. Blaine. ' [telegram.] Legation of the United States, Santiago, January 20, 1892. Mr. Egan reports that the minister of foreign affairs has not yet returned an answer in 'the matter of withdrawing Mr. Matta's telegraiti of December 13. Mr. Egan to Mr. Blaine, f [Xelegram.] Legation of the United States, Santiago, January 21, 1892. Mr. Egan reports that the minister for foreign affairs promised him, in the course of an interview he had with him on the 18th in the matter of having Mr. Matta's telegram of the 11th December withdrawn, to con- sult with his colleagues of the cabinet and return his reply in another interview specially appointed. He says that this promise has not yet; been discharged, and that the answer is still withheld. He asks whetheri the telegram was withdrawn in Washington in terms entirely satisfac-; tory to President Harrison and Mr. Blaine, as 4 correspondent of lie' Ifew York Herald was to-day told by the under secretary. DIPLOMATIC CORRESPONDENCE. 193 Mr. Blaine to Mr. -Egan. [Telegram.] Depaktment op State, Washington, January 21, 1892. I am directed by the President to say to you that he has given care- ' fal attention to all that has been submitted by the Government of Chile touching the affair of the assault upon the crew of the U. S. S. Baltimore 'iu the city of Valparaiso on the evening of the 16th of October last, and to the evidence of the officers and crew of that vessel, and of some others who witnessed the affray; and that his con- clusions upon the whole case are as follows : ■ First. That the assault is not reheved of the aspect which the early information of the event gave to it, viz : That of an attack upon the uniform of the United States Navy, having its origin and motive in a, feeling of hostility to this Government, and not in any act of the sail- . ors or of any of them. ^ ' Second. That the public authorities of Valparaiso flagrantly failed in their duty to protect our men, and that some of the police and of the Chilean soldiers and sailors were themselves guilty of unprbvoked as- saults upon our sailors before and after arrest. He thinks the pre- ponderance of the evidence and the inherent probabilities lead to the conclusion that Eiggin was killed by the police or soldiers. Third. That he is therefore compelled to bring the case back to the position taken by this Government in the note of Mr. Wha,rton of Octo- ber 23 last (a copy of which you will deliver with this), and to ask for a suitable apology and for some adequate reparation for the injury done to this Government. , You will assure the Government of Chile that the President has no disposition to be exacting or to ask anything which this Government would nQt, under the same circumstances, freely concede. He regrets that, from the beginning, the gravity of the questions involved has not ri,pparently been appreciated by the Government of Chile, and that an affair iii-which two American seamen were killed and sixteen others seriously woiinded, while only one Chilean was seriously hurt, should not be distinguished from an ordinary brawl between sailors in which the provocation is wholly personal and the participation limited. No self-respecting government can consent that persons in its service, whether civil or military, shall be beaten and killed in a foreign terri- tory in resentment of acts done by or imputed to their government, ' without exacting a suitable reparation. The Government of the United States has freely recognized this principle, tind acted upon it, when the in,iury was done by its people to one holding an official relation to a friendly power, in resentment of acts done by the latter. In such case the United States has not sought for ^ords of the smallest value or of equivocal meaning in which to convey its apology, but has condemned such acts in vigorous terms and has not refused to make other adequate reparation. But it was not my purpose here to discuss the incidents of this affair, but only to state the conclusions which this Government has reached. We have given every opportunity to the Government of Chile to pre- sent any explanatory or mitigating facts and havd had due regard to the fact that the Government of Chile was, for a considerable part of the time that has elapsed since October 16th, upon a provisional basis, j I am further directed by the President to say that his attention has 13 194 RELATIONS WITH CHILE. been called/to tlie note of instructions sent by Mr. Matta, secretary of foreign afi'airs, to Mr. Montt, under date of the 11th ultimo. Mr. Montt very prudently, and, I must suppose, from a just sense of the offensive: nature of the dispatch, refrained from communicating it officially to this Government. But in view of the fact that Mr. Montt was directed to give it to the pr^ss of this country, and that it was given the widest possible pub- licity throughout the world, this Government must take notice of it. Ton are therefore directed to say to the Chilean Government that the expressions therein imputing untruth and insincerity to the President and to the Secretary of the IsTavy in their official communications to the Goiigress of the United States are in the highest degree offensive to this Government. Eecognizing the usual rules of diplomatic intercourse and of the re- spect and courtesy which should characterize international relations (Which he can not assume are wholly unfamiliar to the Chilean foreign ■office), the President was disposed to regard the dispatch referred to as indicating a purpose to bring about a suspension of diplomatic rela- tions; but, in view of the fact that Mr. Matta was acting provisionally and that a reorganization of the Chilean cabinet was abouf to take place, and afterwards ii^ further view of the expectation that was held out of a withdrawal and of a suitable apology, notice of this grave offense has been delayed. I am now, however, directed by the President to say that if the offensive parts of the dispatch of the llth December are not at once withdrawn, and a suitable apology offered, with the same publicity that was given to the offensive expressions, he will have no other course open to him except to terminate diplomatic relations with the Govern- ment of Chile. Mr. Montt, in a note of January 20, has advised me that he has been directed by his Government to inform the Government of the United States that you are not persona grata to the Government of Chile, and to request your recall. This has been laid before the Presi- dent, and he directs you to say that, in view of the foregoing, he does not deem it necessary to make any present response thereto. It will be quite time to consider this suggestion after a reply to this note is received, as ^e shall then know whether any correspondence can be maintained with the Government of Chile upon terms of mutual re- spect. You will furnish to the minister of foreign affairs a full copy of this note. Blaine. DIPLOMATIC C0EEE8P0NDENCE. 195 Mr. Egan to Mr. Blainei. : [Telegram.] • ' LBGATldW OP THE UNITED STATES, January 33, 1892.. (Eeceived 1 :40 a. m.) The minister of foreign aflfairSj in an interview on the 18th instant, . promised that after his colleagues had been consulted in reference to with- drawal of the telegram of the 13th.oLDecember to appoint another inter- view to communicate his answer. I have been awaiting it, but it has not yet been received. The Herald correspondent has been told by the under secretary that the telegram had been withdrawn iii Washington in a way that was entirely satisfactory to the President of the United States. Is it true ? > Egan. Mr. Ugan to Mr. Blaine. [Telegram.] Legation of the United States, . , Santiago, January 23, 1S9 2. ■ Mr. Egan acknowledges the receipt of Mr. Blaine's teiegram of the 21st, which , , • ' With regard to his being persona-^non grata Mr. Egan says that at a diplomatic banquet at the home of the minister of foreign affairs on the 12th instant Prime Minister Ltico told him, with approbation of some of his colleagues, and in the presence of the English minister and / Spanish minister, that the present cabinet entertained most cordial feelings for the United States and for himself personally. *No telegram of this date was received from Mx. Egan bearing on this subject. Possibly he refers to his telegram of January 16. 196 RELATIONS WITH CHILE. COEEESPONDENOE WITH THE CHILEAN LEGATION AT ' WASHINGTON. Senor Lazcano td Mr. Blaine. [Translation.] Legation of Chile, Washington, January 16, 1891. SiE : i regret to inform you of tlae revolt of a divisioii of the navy of th'e Eepublic of Chile in the port of Valparaiso on the 7th of this month. My^ Government has declared the' revolted squadron outlawed, and instructs me to inform you that it is not answerable for the acts of the rebels in regard to foreigners or citizens. I "renew to you my sentiments of high and distinguished considera- tion. Pbxjdewcio Lazcano. Mr. Blaine to Senor Lazcano. » Depaktmbnt op State, Washington, January 20, 1891. Sir : I have the honor ^o acknowledge the receipt of your note of the 16th instant, in -which you state that on the 6th of the same month a naval division of the Eepublic of Chile revolted in the harbor of Val- pafraiso ; thatyour Government has outlawed the revolting squadron and directs you to inform me that it is not responsible for the acts of the rebels in respect to foreigners or citizens. In making this acknowledgment', it is proper that this Government should reserve the right to consider upon the facts and the law any case that may arise invblving the declaration which you communicate. Accept, etc., James G. Blaine. Senor Lazcano to Mr. Blaine. [TTiuiBlation.] ! s Legation op Chile, Washington, March 10, 1891. (Eeceived March 11.) SiK : I have the honor to inform you that the Government of Chile has prohibited, until further orders, the importation into the entire ter- ritory of the Eepublic of arms and munitions of war of all kinds. DIPLOMATIC COEEESPONDENCE. 197 Belying upon tlie MendsMp of the Government of the United States ' for that of Chile, I shall thank you if you will be good enough to (Com- municate, if possible, through the proper channel, this decree of my Government to the custom-houses of the Union, in order to prevent the shipment to Chile of those articles which in the present case would be considered as articles of illicit commerce. I am specially moved to request of you the said communication by the circumstance of the arrival at New York of an agent of the Chilean insurrectionary forces for the purpose of purchasing in this country arms and munitions of war to maintain the rebellion in Chile. I venture to hope that the friendly ties which unite the Government of this country with my own will be sufficient ground for your favor- able reception of the request which I take the liberty of making in the present note. It is gratifying to me to renew to you the sentiments, etc., pETJDENeiO LAZOANO. Mr. Blaine to Senor Lazcano. Department op State, Washington, March 13, 1891. Sir : I have the honor to acknowledge the receipt of your note of the 10th instant, in which you inform me that your Government has pro- hibited, until further orders, the importation into the Eepublic of arms and munitions of war of all kinds. In conveying this information you request me, if possible, to com- municate this decree to the custom-houses of the United States in order that the shipment of such articles to Chile may be prevented; and in this relation you state that an agent of the insurgents in Chilp has ar- rived in the city of H'ew York for the purpose of purchasing arms and munitions of war. The laws of the United States on the subject of neutrality, which may be found under Title LXVII of the Eevised Statutes, while for- bidding many acts to be done in this country which may affect the rela- tions of hps'tileforces in foreign countries, do not forbid the manufacture and sale of arms or munitions of war, I am therefore at a loss to find any authority for attempting to forbid the sale and shipment of arms and munitions of war in this country, since such sale and shipment are permitted by our law. In this relation it is proper to say that oiu' stat- utes on this subject are understood to be in conformity with the law of nations, by which the traffic in arms and munitions of war is permitted, subject to the belligerent right of capture and condemnation. Since your note has directed attention to the subject of neutrality it should be stated that our laws on that subject are put in force upon application to the courts, which are invested with the power to enforce them and to inflict the penalties prescribed for their violation. Our statutes not only forbid the infringement in this country of the rules of neutrality, but also impose grave penalties for their infraction. I win inclose a copy of your note to the Secretary of the Treasury and the Attorney-General. Accept, etc., James G. Blaine. 198 RELATIONS WITH CHILE. , Senor Luca to Mr. Blaine. [Telegram. — Tranlation.] IQUIQUE, March 22, 1891. (Eeceived March 23.) The delegation of the National Congress of Chile requests your ex- cellency to forbid the purchase of arms for the dictator Balmaceda, with which he intends to attack the constitutional forces of the Congress. We exercise full sovereignty over the departments of Pisagua, Tara- paca, Tocopilla, Taltal, Chanaral, and Antofagasta, and we are blqck- ading their ports. The constitutional army occupies 480 miles of coast — 65,000 square miles. Waldo Silva Baeras Ltjca, President. Senor Luca to Mr. Blaine. [Telegram. — Translation.] Iquique, March 2i, 1891. (Received March 25.) The delegation of the National Congress of Chile requests you, as an act of neutrality, not to permit the shipments of silver belonging to the National Treasury of Chile on board Of an American war vessel, as has been requested by the dictator Balmaceda. Waldo Silva Barros Luca, President. Copy of telegram handed to the Second Assistant Secretary of State by the Chilean minister at Washington. Legation op Chile, April 2, 1891. Elections took place on the 29th with perfect order and liberty, senators, representatives, and municipales. Complete triumph for the Liberal party. Twenty provinces, with sixty-flve departments, sup- port the Government. Tiirty senators and ninety representatives elected. Tarapaca and Antofagasta should have elected two senators and four representatives. There was no election. Eebels have not had elements enough even to disturb elections, which took place without the slightest disorder in all the country. Seilor Lazcano to ifr. Blaine. [Translation.] Legation of Chile, Washington, May 5, 1891. (Received May 6.) Sir : I feel deeply grateful for thfe friendly action taken by the United states Government in the case of the Bobert and Minnie, at Wilmington, which I recently had the honor to bring to your notice.- It is now my duty to inform you that, I have just received the following information by telegraph : The Bobert and Minnie left Wilmington before the instructions of the DIPLOMATIC COiREteSPONBENCE. 199 Government had reached the atithdrities of that por*, having a cargo of arms on board, and being bound, as ife believed, for the port of San Diego. I Meantime, the transport Itata has arrived in the port of Sail Diego,, This .vessel has been" and stilly is, I think, in the service of the Chilean insurgents as a war transport vessel. The steamer Itata has represented itself to be a Chilean merchaht , vessel from Iquique, a port occupied by the insurgents, and has entered the port of San Diego for the alleged purpose of taking in provisions' so as to continue its voyage to San Francisco, but in reality its sole object is to receive a large cargo of arms and munitions of war from the Bobert and Minnie for the use of the Chilean insurgents. For these reasons I request that the same instructions that were sent to Wilmington may be sent without delay to San Diego, in order that a violation of the duties of neutrality of the United States may be prevented, and that this legation may be enabled to take suitable action. It is evident that a vessel in the service of the Chilean insurgents as a war transport Vessel, from Iquique, which port is held by said insur- gents, can not have been converted by them, either at Iquique or else- where', into a merchant vessel carrying a recognized flag. ' I do not entertain the slightest doubt that the Governmejit, which unequivocally established the principles of the duties of neutrals in the treaty of Washington of 1871, will, without hesitating for a inoment^j exercise the power which it has to protect a ^neighboring and friendly nation from the outrages and injuries that would Result from a violation of the laws of neutrality against which it then so fprcibly and success- fally protested. I take pleasure in renewing to you the assurance, etc. PUUDBNCIO LAZGANO. Senor Jorge Montt to Mr. Blaine. [Telegram.— Translation.] ' Iquique, May 16, 1891. W,e have the honor to inform your excellency that Mr. Bicl\ard L. Trumbull, a representative in the Chilean Congress, has powers from the governmental junta to represent us in the United States in the ca- pacity of confidential agent. Be pleased, your excellency, to ac(;ept him in that capacity. Montt, . President of the Governmental Junta. ISIDOEO BEEAZUBIZ, Secretary Foreign Relations. Senor Errazuriz to Mr. Blaine. [Telegram.] 1, Iquique, June d, 1891. [Eeceived June G.] The Itata arrived here, bringing 5,000 rifles and ammunition trans- shipped from the Robert and Minnie, opposite the uninhabited isles San Clemente, at 40 miles off the coast, and after the Itata's depart- 200 RELATIONS WITH CHILE. ure from San Diego. Complying with my written promise said steamer, along with the arnls and crew, has been placed under the charge of the Eear-Admiral McCann, and is at present getting ready to return to San Diego. Allow me, however, to state that this fact, in conformity with the stipulated agreement, hurts the spirit ^hich guided us in this affair, it having been 'based on the violation of the law by the Itata taking it for granted that the steamer had shipped the arms and ammunition at the port of San Diego. It is now certain that the said arms and ammunition were taken on board far off from the coast and. opposite uniahabiced isles after its departure from San Diego, and I therefore request your excellency, iavoking feelings of justice and humanity, that the arms and ammunition be left here under the charge of the Eear-Admiral McOann until the final result of the lawsuit ini- tiated in California, returning in the meantime the Itata to San Diego. Ekeazuriz, Secretary of Foreign Affairs. Senor Lazcano to Mr. Wha/rton. [Translation.] Legation of Chile, Washington, June 32, 1891. (Eeceived June 22.) Prudencia Lazcano, envoy extraordinary and minister plenipoten- tiary of the Eepublic of ChUe; has the honor to present his compliments , to the Acting Secretary of State, Mr. William P. Wharton, and to say that he wiU have the pleasure of calling at his Department to-morrow at 12 ia. in order to deliver to him in person a memorandum relating to matters of interest to the Government of the United States and the Government of Chile. He would be very much obliged if, in casg the above-named hour should not be convenient, he would be pleased to name another. Memorandum handed hy the Chilean minister to the Acting Secretary of State. Legation of Chile, Washington, June 22, 1891. (Eeceived June 23.) Mr. Secretary : I have asked this interview rather in the hope of preventing the raising of questions between our Governments than of making any formal representation. I feel very deeply, as does my Government, the recent prompt and friendly action of the United States in its successful effort to enforce the most rigid execution of its neutrality laws, and rest secure in our confidence that in our domestic troubles we will receive all that justice and generous consideration which the United States has always ex- tended to its sister republics. You are aware, as I am, that the insurgents in Chile are naturally de- sirpus that they should be recognized as belligerents by the nations o the world, and in your own experience you have ample evidence of the consequences of such recognition. I make no reference now to the pres- DIPLOMATIC COREESPONDENCE. 201 ence of Mr. Trumbull here as the agent of the insurgents. , Mr. Trumbull does not, as I understand, claim any official character as their representa- tive, and, indeed, as a person held under criminal prosecution by the courts of the United States for alleged violation of its neutrality laws, I would deem it unbecoming in me to trouble you with any remarks either as to his presence or purposes. But I am informed, upon such authority as I think makes it my duty to call your attention to the fa6t, , that Mr. Montt is about to arrive at New York in the alleged character of a diplomatic ret)resentative of the insurgents, seeking to obtain from the Government of the United States 'a recognition of their being bel- iigerents. It is not to be presumed . that he will be recognized in such charac- ter without an opportunity being allowed to the (Chilean Government to explain to the Government of the United States the serious conse- quences and the injustice which would be done to it (in its judgment) by such recognition. But Mr. Montt will in all probability confine himself to the request that he be received " unofflcially." You will recollect that in 1861, at the commencement of the civil war in the United States, the fbreign secretary of Great Britain in a con- versation with Mr. Dallas, then United States minister In London, " the British secretary told Mr. Dallas that the three representatives of the Southern Confederacy were then in London ; that Lord John Eussell had not yet seen them, but that he was not unwilling to see them un- officially." On' May 21, 1861, Mr. Seward, then Secretary of State, thus instructed Mr. Adams, who had succeeded Mt. Dallas : The President regrets tiat Mr. Dallas did not protest against the proposed unof- ficial intercourse between the British Government and the missionaries of the insur- gents. Intercourse of any kind with the so-called commissioners is liable to be construed as a recognition of the authority which appointed them. Such intercourse would be none the less hurtful to us for being called unofficial, and it might be even more in- jurious, because we should have no means of knowing what points might be resolved by it. Moreover, unofficial intercourse is useless and meaningless, if it is not ex- pected to ripen into official intercourse and direct recognition. It is left doubtful here whether the proposed unofficial intercourse has yet actually begun. Your own antecedent instructions are deemed explicit enough, and it is hoped that you have not misunderstood them. You will, in any event, desist Irom all intercourse what- ever, unofficial as well as official, with the British Government, so long as it shall continue intercourse of either kind with the domestic enemies of this country. When intercourse shall have been arrested for this cause, you will communicate with this Department and receive further instructions. And on May 30, 1861, Mr. Seward thus addressed Mr. Dayton, United States minister at Paris : First, I desire that Mens. Thouvenel may be informed that this Government can not but regard any communications held by the French Government, even though unofficial, with the agents of the insurrectionary government in this country as exceptionable and injurious to the dignity and honor of the United States. They protest against this intercourse, howeve;r, not so much on that ground as on another. They desire to maintain the most cordial relations with the Government of France, and would therefore, if possible, refrain from complaint. But it is manifest that even an unofficial reception of the emissaries of disunion has a certain though meas- ured tendency to give them a prestige which would encourage their eiforts to jirose- cute a civil war destructive to the prosperity of this country and aimed at the over- throw of the Government itself. It is ea,rnestly hoped that this protest may be suffi- cient to relieve this Government from the necessity of any action on the unpleasant subject to which it relates. (Foreign correspondence of date.) In 1865, an eftbrt having been made through Mr. Corwin, at one time minister to Mexico, to secure for an agent of the Emperor Maximilian 202 RELATIONS WITH CHILE. a hearing before the State Department, Mr. Seward caused to be pub- lished the following memorandum : Department of State, Washington, March IS, 1865. Mr. Seward read to Mr. Corwin as follo-vps : It, is a fixed haJjit of this Govemment to hold no official intercourse with agents of parties in any country which stands in an attitude of revolution antagonistic to the aovereigh authority in the same country with which the United States are on terms of friendly diplomatic intercourse. It is equally a fixed habit of this Government to hold no unofficial or private inter- course with persons with whom it can, not hold official intercourse. j For these reasons the overture submitted by Mr. Corwin to the Secretary of State is declined. (Ex. Doc. No. 73, Thirty-ninth Congress, first session, p. 574.) Op the 17th of July, 1865, the Marquis de Montholon, the French minister, having delivered to Mr. Seward a copy of a letter from the Emperor Maximilian to the President, Mr. Seward said: On the 18th the Secretary of State delivered back the copy of the letter to the Marquis de Montholon, and said that the United Slates are in ft endly communica- tion now, as heretofore, with the republican government in Mexico, and therefore can not depart from the course of proceeding; it has heretofore pursued towards that country, and that, of course, the President declined to receive the letter or to hold any intercourse with the agent who brought it. Informed by, these precedents, I can confidently hope that no such questions will be allowed to disturb the long and cordial relations that have existed between our two Governments, I think that I can say with truth that the effort of the Chilean Gov- ernment, and not an unsuccessful effort, has been to impress upon its people that there is neither stability nor' progress nor prosperity for any people who do not realize that' the iiroper cure for all political domestic difficulties is in the regular and constitutional remedies with Avhich the laws and established constitution always supply a free peo- ple. And surely the experience of the United States must have fur- nished ample proof that the great obstacle in the way of the growth of the South American Eepublics has been the fatal habit of forcible and irregular pronunciamentos against th'e regular method of peaceful political life. These unfortunate insurgents have only opened another chapter in this sad history. They have caused great distress and much l^loodshed, but they have failed to lay any foundation for a regular government and have deluded but a small portion of the industrious Chilean population. But these are not questions which I have asked this interview to discuss. They are dom^estic qiiestions which no great ^ power has more earnestly taught the world than the United States that they must be settled by the effort, the patriotism, and the wisdom of each nation for itself In a very little while — in less tluiii one mouth — there will be the regular constitutional change of administration, when the people of Chile, in the full freedom of their rights, will decide who shall govern them, and when the fairest opportunity will be given them to reconcile the difficulties which divide them. It would be sad indeed if misttiken encouragement should be, at such a momeiit, given to those who, whatever be their motives or complaints, rest their faint hopes of success upon the destruction of regular consti- tutional government and the recognition of their highest interests to the fatal chances of civil war. Prudencio Lazcano. ' ' . ' DIPLOMATIC CORRESPONDENCE. 203 [Eeceived by cable.] Legation of Chile, Santiago, Jwne 20, 1891. A RESOLUTION BY THE NATIONAL CONGEESS OP CHILE. The National Congress of Chile has unanimously approved by accla- mation the foUdwing resolution: Whereas, the agents of the revolution are busy at ■work in several countries trying to upset the credit of the Eepublic abroad, alleging as their authority the power of a pretended delegation of the late Con- gress; that said del£gation has never existed, nor does exist, inasmuch ' as the late Congress has never m^t, for the purpose of delegating their, pqwers, neither in public nor private session ; that said act serving as the basis of tKe pretended delegation has not been signed by themajor^ ity of the late Congress, nor has it interfered in a direct and responsible form, as it is explicitly stated by the same revolutionists,' and as it is shown by the fact of haying never published the signatures of those who created the representation ; that in the event of the existence of the above-mentioned act it is unconstitutional, revolutionary, and openly contrary to our political doctrine, inasmuch as the powers, rights, and prerogatives of a Congress are n'ot liable to be delegated by their own nature; that even in the event of such a-delegation being constitutional the late Congress could not delegate powers of which it was not invested, such as the right of insurrection, as a, recourse which has never existed or could ever exist, nor held by any of the powers of the state; that in the hypothesis of the existence of such a right in Con- gress it could not be delegated for any length of , time beyond that of their own mandate, such as has, been bestowed upon it by the people; that the supposed power of the late Congress virtually ended by the popular will with the election of the 29th of last March, and ended according to th^ express letter of the constitution on the 31st of last May, the date on which, according to the Articles 20 and 52, the period of said Congress terminated ; that for these obvious and incontrovert- ible reasons the revolutionary board has not even the appearance of legality, having no possible representation,- and usurping a delegation that has not existed, and that, at the best, has ended on the 31st of May last; that Chile has appointed a new Congress which is working regularly in fulfilment of the will of the people, from the 20th of April, and according to the literal mandate of the constitution, from the 1st instant (June), in which the President of the Eepublic is elected by the iieople, according to the constitution, for the period of five years; that in the exercise of l^is' functions he cannot be deposed by Congress ; that he is irresponsible, pending the exercise of his power, and is only liable to be impeached during the year immediately follow- ing Bis withdrawal from power; that according to these constitutional requirements the Congress has never had nor has any power to depose the President of the Republic, and therefore he continues in the exer- cise of his functions, according to the enactments of the constitution and the will of the people until the 18th of September next; that the chief of the state in resisting the revolution is protecting and defend- ing a power granted to him by the national sovereignty, within the use of the necessary powers to keep public order, the maintenance and custody of which are expressly committed to him by the fundamental charter, and that the President of the Eepublic has never pretended 204 RELATIONS WITH CHILE. nor does he pretend now to extend the period of his government any longer than what is fixed by the constitution, as it is publicly well known and has been solemnly stated at different times, through his several public acts. The National Congress resolves: First. To approve as valid and legal each and every one of the con- tracts entered into by the Government of Chile, presided over by his excellency President Jos6 Manuel Balmaceda, before and after the 7th of January of the present year (1891). Second. To disprove and annul as void and illegal each and every one of the acts performed and of the obligations and contracts entered into by the revolutionary board, holding them collectively and individ- ually liable for the same, before the proper authorities and through the proper means afforded by the international usages and our own laws for their participation, (and?) concurrence in carrying theiirout. ' Third. That it is subversive and contrary to the political constitution and therefpre null and void, each and every one of their acts compro- mising Chile and making it for the supposed, delegation arrogat- ing to themselves any powers, or to the insurgent fleet and the Ijoard of revolutionists in arms against the constitutional Govemmefit of the Eepublic. Fourth. That we consider as violators of the constitution and laws of the country all the\members composing the revolutionary board, and all those assuming the character of their representatives, as ministers of state or diplomatic ministers, against the constitutional Govemmentj squandering the public wealth in the rebellion which they are waging against the credit, peace, and welfare of the Republic. Pkudencio Lazcano. (Translated from the Spanish original.) /■ Mr. Wharton to Senor Lazcano. Depaetment op State, , Washington, June 29, 1891. SiE : I have the honor to acknowledge the receipt of your memoran- dum of the 22d instant, protesting against the reception by this Gov- ernment officially or unofficially of Mr. Montt, who you understand expects to present himself at this capital as agent of the Chilean insiu-- gents. Accept, etc.. William F. Wharton Acting Secretary. Senor Lazcano to Mr. Wharton. [Translation.] Legation op Chile, Washington, D. C, July 4, 1891. (Received July 7.) Mr. Secretary: The "Chilean South American Steamship Com- pany" has addressed me, as theenvoy extraordinary and minister plen- ipotentiary of the Republic of Chile in the United States, requesting ■ DIPLOMATIC COERESPONDENCE. 205, me to inform tlijs Government that tlie steamer Itata belongs to that company, from which it was taken without its consest and by force by the Chilean revolutionists, which circumstance has in no wise affected the legitimate rights of the said "company to the steamer Itata. It further informs me that these declarations have been transmitted to the Department of State by telegraph, by the United States minister at Santiago, and by the United States consul-general at Valparaiso^ I shall be greatly obliged to your excellency if you will have the kind- ness to communicate the declarations in question of the " Chilean South American Steamship Company" to the court which is to try the case of the Itata. With sentiments of high consideration, I have the honor, etc., Peubenoio Lazcano. Mr. Wharton to Senor Lazcano. Department op State, Washington, July 9, 1891. Sir : In reply to your note of the 4th instant, I have the honor to say that a copy of the telegram of May 8 last frojn our consul at Valpa- raiso, containing the declarations of the South American Steamship Company concerning the ownership of .the Itata, also a copy of youi note, have been sent to the Attorney-General for his information. Accept, etc., William F. Wharton, Acting Secretary. Senor Lazcano to Mr. Wharton. [Translation.] Legation of Chile, Washington, D. C, July 18, 1891. (Beceived July 20.) Mr. Secretary : I have the honor to request that, if convenient, you would be kind enough to furnish me with a certified copy of the note from this legation of July dth, and of the telegram from the con- sul of the United States at Valparaiso, relative to the declaration of said company in respect to the steamship Itata, deeming these docu- ments indispensable in the .proceedings to be instituted by the corre- sponding tribunal for the "Chilean South American Steamship Com- pany" in the case of the Itata. With sentiments of the highest consideration, I remain, Prudencio Lazcano. Mr: Wharton to Senor Lamcano. Department op State, Washington, July 21, 1891. Sir : In compliance with the request contained in your note of the 18th instant, I have the honor to inclose certified copies of your note 206 RELATIONS WITH CHILE. of tlie.4tli instant and of the tielegram of May 8 last, from our consul' at Valparaiso, both relating to the ownership of the itata. Accept, etc., William F. Whaetow, , Acting Secretary. Senor Pedro Montt to Mr. Blaiiie. Legation op the Constitutional Government op Chile, 1325 G Street NW., Washington, August 28, 1891. Sir: I am directed by the minister of foreign affairs to lay before the Government of the United States the' following cablegram : 1 [Translation.]. ' ' ' Balmaoeda lias been routed for the second time. To-day, after the victory 9i the Congressional forces outside of the city, Valparaiso was surrendered to the German admiral, who placed it unde* the orders of Congress. Inform Goyemment. ' ' ' Erkazuriz. Iquiqub, Augiisi ks, 1891. I am, sir, very respectfully, your obedient servant, Pbdeo Montt. Per Julio M. Foster. Senor Lazcano to Mr. WAoirtow. [Translation.] ' Legation of Chile, Washington, Septemher 4, 1891. (Received September 4.) • Sir : I have the honor to communicate to the Department of State that, expecting;to leave Washington and perhaps the United States at any moment, Seno^ Jorge Asta-Buruaga will have charge' of the lega- tion during my. absence, until the present de facto government of Chile shall be organized and, obtain from the United States Government the recognition of a diplomatic agent. Before leaving, allow me to beg your excellency to express to the President of the United States my gratitude for the favorable recep- tion which I have met with during my residence in the country, bofii officially and socially. I renew with pleasure, Mr. Secretary, etc., Prudenoio Lazcano.^ I - Mr. Wharton to Senor Lazcano. Department op State, , Washington, Septemher 7, 1891. Sir : I have the honor to acknowledge the receipt of your note of the 4th instant, in which you inform me that you may leave Washington at any moment, and that Senor Don Jorge Asta-Buruaga will remain in charge of your legation as charg^ d'affaires ad interim. DIPLOMATIC CORRESPONDENCE,' 207 lu reply, I desire to state tliat this Department will take pleasure in corresponding with Mr. Asta-Buruaga upon such questions affectiirg the United States and Chile as may arise while he is in temporary charge of the Onilean legation at this capital. I shall be glad to transmit to the President, in compliance with your desire, the expression of your high appreciation of the favorable treat- ment which you have received at Ms hands. Accept sir, etc., William F. "Whakton, Acting Secretary. Senor Pedro Montt to Mr. Blaine. [TrauBlation.] Legation op Chile, Washington, November 34, 1891. (Eeceived November 25.) I iiave the honor to transmit here;with a copy of an autograph letter, by which Senor don Jorge Montt', president of the Governm,ent Junta of my country, communicates to his excellency the President the sub- mission of the entire territory of the Republic to the legal authority. Pedro Montt. President Montt to President HarrisOn. [TranBlation.] Jorge Montt, President of the Council of the Provisional Government of the Eepublic of Chile, to his excellency the President of the United States of America: Great and Good Friend : It gives me great satisfaction to inform jovx excellency that, legal authority being reestablished ■ throughout tlie' territory of the Eepublic, the Council of the Government over which I have the honor to preside has fixed its seat at the capital of the Eepublic. In communicating to your excellency the cUange pro- visionally made ija the rule of the Chilean nation, it devolves on me to state to you that the Council of the Government desires in every way to secure and to strengtljen the exalted relations of friendship of the ;people and Government of Chile with the people and Government of the United States of America. ' ' Given at my office, the 31st day Of Augpst, in the year of our Lord 1891. , ^' ' Jorge Montt. ISIDORO EKRAZTJRIZ. Mr. Blain^ to Semr Pedro Montt. Department op State, Washington, Novemher 21, 1891. Sir : I have the honor to acknowledge the re';eipt of your ,note of the :24th instant, in which you inclose, with office copy, a letter dated Au- gust 31 last, addressed to the President of the United States by the 208 RELATIONS WITH CHILE. President of the Council of the ' Provisional Government of Chile, an- nouncing that all the territory of that Eepublic had submitted to the legal authority. In reply, I have the honor to say that I have delivered to the Presi- dent the autograph letter addressed to him by the President of the Council of the Provisional Government, and that his reply will be trans- mitted through our minister at Santiago. Accept, sir, etc., James G. Blaine. Left with Secretary December 3, 1891, by Senor Montt. Santiago, December 1, 1891. Pedeo Montt, 1329 M street, Washington, D. C: Preliminary examination not yet finished on account of proceedings necessary to secure, the statements of experts. Egan's testimony was asked for twenty days ago. Matta. Seilor Montt to Mr. Blaine. [Translation.] Legation of Chile, Washington, December 11, 1891. SiK: I have brought to the knowledge of my Government the report contained in official documents, recently published in Washington, in relation to the lamentable event which took. place in -Valparaiso on the 16th of October last, between sailors of the Baltimore and Chilian sea- men and stevedores. My Government, being desirous to remove any cause which might disturb the good relations of the United States and Chile, has directed me to state to you that the report in question is open to the charge of inaccuracy in some essential particulars, and that the Government of Chile will make a complete statement of the facts so soon as the judicial investigation upon which it must be based shall have been concluded, as I had the honor to say to you in the interview which you were pleased to grant me on the ,9th instant. Immediately upon the occurrence of the lamentable events of Valpa- raiso, which my Government has deeply deplored, there was set on foot the judicial investigation provided by the laws for the prosecution and punishment of those who might be found culpable. Official notifica- tion of the progress of this investigation was received by the com- mander of the Baltimore on the 22d of Octobdr, by a note addressed to him by the intendente of Valparaiso,- and on the 27th of October the minister of foreign relations of Chile, in a note to the minister pleni- potentiary of the United States at Santiago, announced to him that so soon as the investigation should reach a final term the result thereof would be brought to his knowledge. The judicial proceedings have not yet been completed. It has been DIPLOMATIC CORRESPONDENCE. 209 necessary to take the testimony of numerous persons, among wliom are the self-same sailors of the Baltimore, and to adopt various measures to procure expert evidence, since the affair is not a simple matter of police, but involves a grave criminal case, in which men have been \ killed and wounded. The appearance of the sailors of the Baltimore, for example, was delayed for some time, and up to the present time the evidence which was asked of the minister plenipotentiary of the United States at Santiago on the 9th of November has not b,een furnished. My Government cherishes the assurance that the Government of the United States can not behold in the observance of the formalities fixed by the laws in respect to judicial matters, and in the solicitude with which the Chilean authorities are investigating occurrences in which some deaths are involved anc| which may entail capital punishment, anything save the fulfillment of the duty which is incumbent upon them to administer enlightened and upright justice. Events like those which took place in Valparaiso on the 16th of Octo- ber are not rare in ports visited by sailors of diverse nationalitieSj and there are no girounds whatever for attributing to the affair of Valpa- raiso any motive offensive to the United States. K the result' of the judicial investigation shall show the culpability of Chilean citizens, the Government qf the United States may rest assured that they will be punished conformably to the laws. And, if the investigation should show responsibility on the part of the sailors of the Battimore, my Government entertains the conviction that the Government of the United States would not wish them to go unpun- ished. The repression of crimes is a social interest of high importance, whatever the nationality of the, guilty parties or of the victims. With sentiments of the most distinguished consideration, I subscribe myself. Your very faithful servant, Pedro-Monto;. On the 14th of December Senor Montt left with Mr. Blaine a copy of inclosure J to his note of December 19. The following translations of the following notes from Senor Matta were delivered to Mr. Blaine by Senor Montt on the 16th of December, together with Inclosures B, D, E, and F to his note of December 19, 1891: [Translation.] No. 557.] Santiago, October 19, 189t Having been.informed of the conflict which took place in your city between the mariners of the United States cruiser Baltimore and some of the national seamen, I beg that as soon as the proper testimony has been taken you will inform this department, so that it maybe prepared for any diplomatic representations. EespectfuUy, M. A. Matta. Witnessed : ^ A. Basotjnan M."* The Intendente of Valparaiso. 14 - 210 RELATIONS WITH CHILE. [Translation.] ' , Ko. 614.] Santiago, October 29, 1891. 1 received yesterday, in this ministry, the telegram and the report relative to the deplorable affair of the 16th, for both of which I am much obliged; new information and data areexpected to-day, when the mat- ter will be in condition to be telegraphed to "Washington and to Paris. Eespectfully, M. A. ]\lATTA. "Witnessed : A. Bascunan M. The Intendente op Valparaiso. Senor Montt to Mr. Blaine. [Translation.] , Legation of Chile, Washington, December 19, 1891. Sir : I have received from my Grovemment various documents rela- tive to the unfortunate occurrences which took place in "Valparaiso on the i6th of October last between sailors belonging to the Baltimore and Chilean sailors, and, as you have expressed a desire to read them, I take pleasure in furnishing them to you. The documents which I have the honor to send you are the following: A. — Eeply of the minister of foreign relations of Chile, dated Octo- ber 26, to the note addressed to him on the day previous by the minister plenipotentiary of the United States at Santiago, reTative to the occur- rences which took place at Valparaiso on the 16th of that month. Senor Matta, among othier thmgs, says in his reply to Mr. Egan that, immediately after the unfortunate affair of October 16, the judicial authorities instituted legal proceedings against the parties who were responsible for the offenses committed on that day, which was known to the commander of the Baltimore. He promises to inform Mr. Egan of the result of the investigation when it shall have been concluded, and states that, out of regard for the harmony which it is his duty and his desire to maintain between the United States and Chile, he passes in silence over the improper expressions used by iNIr. Egan in certain portions of his note. B, — !Note of October 22, from the criminal judge of Valparaiso to the intendente of the province, who transmitted it to the commander of the Baltimore^ and to which reference is made in the aforesaid note of Senor Matta. In this note of October 22 the criminal judge requests the intendente of Valparaiso to inform the commander of the Baltimore that the preliminary examination concerning the affair of October 16 has been nearly concluded. 0. — ^Note of October 30, addressed by Senor 'Matta to Mr. Egan. In his note of October 26 Mr. Egan made grave charges against the police of Valparaiso and called their action cowardly and brutal. Seiior Matta, after making inquiry of the intendente of Valparaiso, informs Mr. Egan, under date of October 30, that the disorder began at about 6 o'clock p. m., in a quarter of the city inhabited by low people, where liquor shops and sailors' boarding houses are numerous. The intendente was notified at about a quarter past 6, and he immediately gave orders, by DIPLOMATIC CORRESPONDENCE. , 211 telephone, for a sufficient force to proceed without ,delay to the spot in order to put down the riof. This was done, and when the police , arrive^, which was at about half-past 6 o'clock, the mob had increased to about 1,000 people, extended from Echdurren Square to the passen- ger wharf, and formed a genuine battlefield, in which all, including the- . American sailors, w6re fighting with stones, sticks, and swords. The police and soldiers did nothing more than quiet the tumult, arrest those who were most drunken and most riotous, and disperse the crowd. An hour after the disturbance had commenced, everything was quiet and the parties arrested had been turned over to the criminal court. When the police began to arrive ^t Echdurren square, a shot from a , gun or pistol was heard behind the captain who commanded them. The captain turned and saw a sailor from the Baltimore fall, having received a wound in the neck. The shot had doubtless been fired from . a large, group of persons standing near. The officer dismounted from his horse, took care of the wounded man, had him carried into the nearest drug store, kept by Mr. Guznldn, so that his first wants might be attended to, and afterwards sent to the hospital. Unfortunately he died on the way. The local authorities could not have done more than they did on the occasion of this unfortunate affair. i Thirty-one American sailors and several Chileans were taken before the judge. More than 100 jailors from ithe Baltimore had come ashore on that day, and the remainder, who were more than eighty in number, took no part in the riot. . The local authorities and the police, so far from committing any out- rages, did all in their power in behlalf of the wounded men and to re- store order. The riot had begun, as it appeared, in a quarrel between drunken sailors. In his note of October 30 SenorMatta reiterates to Mr. Egan his oner to communicate to him the result of the judicial inquiries, and assures him that, if the guilty parties are discovered', ftill justice* shrill be done- i), E, F, G, H. — Notes from the niinister of foreign relations of October 26, from the intend ente of Valparaiso of October 27 and 28, and from the chief of police of October 17 and 27, on which the note from Seiior Matta to Mr. Egan of October 30, marked 0,iis based. I. — Note of November 6 from the criminal judge to the intendente of Valparaiso, transmitted by the^ latter to the commander of the Balti- viori. , , In the course of the trial the criminal judge deemed it necessary to hear the testimony of several 'sailors belonging to the Baltimore, and a direction of the court to that effect was transmitted by the intendente to the commander of the cruiser. .Before he would aljoi^ the sailors to appear, Mr. Schley demanded that they should be accompanied by an oflcer who was, to serve as their, adviser; that their statements should at once be made pubhc, and that the commander should be permitted to read them. ' , The judge was unable to comply with these requirements because they were at variance with the phileah laws governing judicial pro- cedure. The witnesses must declare what they knowj without their statements being influenced by the suggestions of an adviser. Criminal proceedings are conducted in secret Until the preliminary examination is terminated and an indictment is prepared, just as proceedings befoi'e the grand jury, serving as a basis to the indictment, are secret accord- ing to the laws of the United States. Proceedings in criminal trials 212 RELATIONS WITH CHILE. are made public wlieii the preliminary examination is concluded, ac- cording to the laws of Chile, just as they are according to the laws of the United States when the functions of the grand jury are termyiated. The commander would have been at liberty to read the statements of the sailors when the preliminary examination was ended, but not before. -. The criminal judge told the commander that he might send the sailors with some officer in whom he had confidence, who was familiar with the Spanish language, and that such officer might act as inter- preter. There are interpreters at the court who lend their services whenever the witness does not understand Spanish and who explaiu to the witness the questions addressed to him by the judge. The written statement signed by the witness is previously translated and explained to him by the interpreter, so that the witness does not sign it until he knows what it means and is sure that it is a faithful repro- duction of what he has said. Tlie wUhngness of the judge to allow, the sailors or the commander of the Baltimore to designate an interpreter who should be present when they made their statements shows what guaranties are furnished by the laws of Chile in criminal cases. J. — Note of November 3 from the criminal judge at Valparaiso to the minister of justice. The criminal judge, in obedience to the law which provides that judges shall endeavor by every means in their power to, elicit the truth, and as an act of impartiality and interna- tional courtesyj asked for such information relative to the occurrences of th^ 16th of October as might have been obtained by the American consul and the commander of the Baltimore. These two officers had de- clined to furnish any information because the case had been laid before Mr. Egan by order of their Government. The commander of the Balti- more, in his reply, had added that Mr. Egan could, if requested to do so, furnish a list of names of persons who could, in their turn, give the names of others who had witnessed the death of the seaman, Eiggin, and the wounding of several others belonging to the crew of the Balti- more. The criminal judge, in the note of the 3d of November, applies to the ministry in order that it should request of Mr, Egan such informa- tion as he might have in respect to the disorders of the 16th of October, and in particular the names of witnesses to whom the commander of the Baltimore refers. In his note of the 3d of November to the ministry, the criminal judge adds that neither the American consul nor the commander of the Balti- m,ore, nor any person who^oever^ has imputed before his court, to the au- thorities, or thepolice participation in or responsibility for the occurrences of the 16th of October, neither has any specific or general charge been preferred against them because of their not having endeavored to pre- vent those occurrences or their deplorable and ultimate consequences. On the contrary, the greater part of the sailors testify that the policn rendered them timely aid and endeavored to protect them by removing them from the action of the populace and conveying them to their own barracks. The commander of the Baltimore himself, in an official visit paid in company with the American consul to the criminal judge in his office, made to him satisfactory declarations concerning the conduct of the police during the disorders of the 16th of October, and added that the conduct of certain officers toward the sailors had been delicate and considerate. The judge also says that, as the result of active measures and with DIPLOMATIC CORBESPONDENCE. 213 the cooperation of the police, they have succeeded in arresting several of the persons who were said to have taken direct part in the events of the 16th of October, of whom two have confessed. K. — Note of Senor Matta to Mr. Egan, of November 9 : In view of the foregoing communication of the criminal judge of Valparaiso, Senor Matta begs of Mr. i^gan that to the end of clearing up the facts and ascertaining who are the guilty parties, and in-order that the truth may be discovered and known concerning the occurrences of the 16th Octo- ber, he will be pleased to submit the information furnished to him by the American consul and by the commander of the Baltimore, and that he inform him also of the substance of the reply of the commander of the Baltimore — that is, that Mr. Egan should furnish, if so requested, a list of the names of persons who, in turn, could give the names of others who witnessed the death of the sailor Eiggin and the wounding of several other members of the crew of that cruiser. Senor Matta further says to Mr. Egan that .the delay in conducting the proceeding en sumario has already lasted several days by reason of the sailors of the Baltimore having be^n excused from appearing before the court, and that this delay would continue so long as the testimony asked for should be deferred; so that "not only to hasten, but also to Complete the sumario, it was necessary for the important testimony of Mr. Egan to reach the ministry in order that it might be immediately transmitted to the court. According to telegraphic advices received by me up to the 14th of the current month of December, Mr, Egan had not, to that date, furnished the report which had been requested of him by the note of the 10th of November, and there was lacking to the sumario the evidence of the eye- witnesses to be pointed out by the persons known to Mr. Egan and whose names had not been communicated up to that date. On two occasions, in the conferences which you were pleased to grant me on the 3d and the 9th of this month, I had the honor to state to you that Mr.^gan had not furnished the report which had been requested of him. The authenticated copy which I now send to you gives testi- mony of the importance of the facts to which that information relates. From the documents wiiich I have the honor to transmit to you it clearly appears, without prejudice to the result of the criminal proceed- ing, which I hope will be speedily terminated, that the police of Valpar- aiso discharged their duty in the lamentable occurrences of the 16th of October without having wounded or maltreated, anyone, and that they gave assistance to the unfortunate sailor who was the victim of a bullet fired from the midst of one of the groups of men there assembled. It appears, moreover, that the judicial authority has been active and zealous in the discharge of its functions in order tp .proceed against the guilty parties, and that the judicial proceedings have been pro- longed by reason of the considerable number of persons whose testi- mony must necessarily be heard, and for causes whiqh it did not lie with the Chilean authorities to avoid. Prom the accompanying documents there appear, moreover, no grounds whatever to warrant the assertion that the sailors of the Bal- timore were attacked in various places in the city at the same time. On the contrary, it is seen that the riot took place in one part of the city only; in that part which is well known by reason of frequent dis- turbances of this character, and that within an hour from the beginning of the tumult and within half an hour after the arrival of the police and of the other forces which vere senf to quell it, tranquillity was restored, 214 »EELATIONS WITH CHILE. those who appeared most comijromised in the disturbance ha\ing been taken before the judge. The judicial proceedings which were instituted without delay will throw full light upon the affair, and the undersigned doubts not that the spirit o( justice which animates the Grovemment of the United States and that of Chile will be duly satisfied by the judgment with which the investigation is to terminate. With sentiments of the highest consideration, I subscribe myself Your most obedient servant, Pedeo Montt, From the Minister of ForeUjn Eelations. [Translation.] Sasttiago, October .?7, 1891. Sir: The undersigned received yesterdi^y evening at 3:30 the note in which you, under date of the 26th Instiint, carrying out the instructions of your Government, give an account of the deplorable events which took place on the 16th, and after setting forth the conclusions arrived at by a committee of officers and the commander of the cruiser Baltimore, you make comments, formulate demands, and utter threats, which, without being indignantly repelled, are not accepted and can not be accepted iby this department in the present case, nor in any other of the same nature. The uiidersigned does not doubt and makes no protest against the sincerity, recti- tude, and ability of the investigations made respecting the lamentable occurrence between some North American sailors and some Chilean sailors on leave and steve- dores, but in the discharge of his duty, and in pursuance of international prescrip- tions and usages which have never been questioned by civilized nations, he defers and will defer to the jurisdiction of the authorities of his own country, which are the only ones which have' full right and suffloijent power to try and to punish the guilty 'parties, whoever they may be, and wherever they may be found in Chilean territory. ' , . The affair took place in Valparaiso, and ever since the day on which it occurred the administrative and judicial authorities concerned have been engaged in investi- gating who were to blame and who deserve puuishnient, in the very deplorable and ais yet undecided and untried occurrence of the 16th instant. The undersimed, believing it to be his necessary and bounden duty, uo less than his desire, in the post wh,ioh he occupies, to cultivate good relations, not only with friendly countries, but with those who are their honored and accredited representa- tives, overlooks the form which the minister plenipotentiary gives to his complaints and protests, in some parts of his note, an'd proceeds to answer the only two points in it which require a reply, in order tnat matters may remain in their proper pro- vince and light. On the occurrence of the difficulty between I^orth American sailors and Chilean ' eitizens, which occasioned the deaths and wounds recounted in your excellency's ' note, the proper authorities began the necessary investigations to' decade who were the responsible parties, and how they ought to be punished; and the commander of the^oJiijBore must have received notice and have had some proof of that investi- gation as early as the 22d or 23d instant, according to a copy now in the archives of this department, addressed by the criminal judge to the in'tendente of Valparaiso, Ij and forwarded by the latter in obedience to instructions received on the 19th. ' ""^ The judicial investigation of the facts which,, in our judicial practice, is styled "summary," and is kept socret until it reaches a ci-rtain point at which it is niade public, has not yet arrived (at that .stagv); and hence this department does not possess, and can not transmit, the information regarding the blame and the o-uilty parties resulting from the investigation. "' So soon as this (investigation) shall have arrived at its termination, whatever may be its conclusions respecting the blame and the guilty parties, the undersio-ned who recognizes no other legitimate authority for trying criminal occurrences which'have taken place on Chilean territory than that established by the people of Chile will have the honor and the duty of notifying the envoy extraordinary and minister plenipotentiary of the United States, whose Government and who"se nationhave never ignored, and never can ignore, in other (eouutries) with which they are in re- lations of fiiendship, the powers and rights of sovereigutv which are nowhere more DIPLOMATIC CORRESPONDENCE. 215 eTident and more applicable than in the exercise of the jurisdiction appertaining to every independent country. While awaiting the moment of knowing and making known the resiults of the summary concerning the events and tlio guilty parties of the 16th instant, without admitting that the disorders which occurred in the streets of Valparaiso, and the silence observed in this department "appear to be the expression of a bad feeling toward the Government of the United States, which may endanger the preserva- tion of the- friendly relations between the two countries," the undersigned has the honor to reiterate his distinguished consideration to the envoy extraordinary and minister plenipotentiary, signing himself his humble servant, • M. A. Matta. In agreement with the.documents in the archives of thisilegation. , Washington, December 19, 1891. [l. s.] • Anibal Ckuz. The Envoy Extraoedinaky and Minister Plenipotentiary or the United States. Friymtlie intendente of Valparaiso. [Tran'slat^ion.] No. 3028.] Republic of Chile, iNTENDEifCY of Valparaiso, / * Valparaiso, October SS, 1891. . The criminal judge, in note No. 356, dated ;(resterday, tells me as follows: "This court having temporarily suspended (proceedings) in the case of all the sailors of the Nortli American cruiser Baltimore, who were being tried for the lamenta- ble disorders which occurred on the evening of the 16th iiistant, in the ward of Ar- rayan, in this city, the undersigned ha,8 ordered that the money and effects whicl; the police found iu the possession of the sailors arrested be placed at the disposal of the commander of that vessel in order that, through him, they may be returned to their respective owners. The undersigned therefore requests the intendente to forward to the commander of the Baltimore the said articles, which are sent for that purpose with this note ; and calls attention to the fact that the commander ought to give the necessary receipt for the same to be filed with the proceedings of the summary. I also inclose a certified copy of the declaration placed in the report of the police with regard to the said articles, and to the s lilors in whose possession they were found. It will aid the commander in making the distribution suggested by this court. I avail myself of this opportunity to inform your excellency, in order that you in turn may inform the North American admiral, or the military chief who represents him in this, hay, that the summary instituted respecting the events before mentioned is on the point, of arriving at its complete termination." This I have the honor to communicate to your excellency, in compliance with the request cont&ined in your note No. 559, of the 19th instant. '"May God preserve you." ' J. DE D. Arlegui. A true copy. A^ Bascunan M. The Minister of Foreign Relations. In agreement with the documents in the archives of this legation. [L. s.] . Anibal Cruz. Washington, December 19, 1891. Ministry of Foreign Relations, Santiago, October SO, 1891. Sir : As certain charges were made against the soldiers and ofiflcers of the police of Valparaiso in your communication of the 26th instant, and pending the publication of all that has been done in the examination of the occurrences of the 16th instant, which this department must lay before you, the undersigned deems it necessary and poiper to trnsmit to- you the report which has been made by the intendente of 216 RELATIOXS WITH CHILE. Valparaiso (based upon the facts which he has been able to elicit) in the discharge of his duty, and with a view to disco vering those who were guilty of the acts which took place on the 16th instant. The report of Don Juan de Dios Arlegni, which is based upon information received from the officers concerned, says as follows : " You will thereby understand how very incorrect were the charges made by the United States minister against the police of this city. It would have been physically impossible for the police to commit all the acts of brutality and cruelly with wMca they are charged. The riot began at about 6 p. m. in Clave, San Martin, San Fran- cisco streets, and others which are inhabited by low characters and in which liquor shops and sailors' boarding houses are numerous. It is very easy to collect a mob there in a few minutes. "I was informed of the riotataboutaquarterpastBp.m., and at once gave orders by telephone to police headquarters ari& to the Santo Domingo station, and verbally to the ■ guard of the intendencia, directing that the largest force possible should be sent imme- diately to put down the riot. This was done, but when the force, consisting mostly of poUce, arrived, which was at about half past 6, the mob nvmibered about 1,00& persons, and extended from EchSurren Square to the passeiiger wharf, occupying Cochrane and Blanco streets, and Errdzuriz avenue, and forming a regular battle- field in which all, and particularly the American sailors, fought with stones, sticks, and swords (knives?^. The police and the soldiers who had come up did nothing more than arrest those who were most violent, owing to their intoxicated condition, and disperse the crowd. An hour afterwards, at half past 7 p. m., everything was quiet and the persons who had been arrested had been turned over to the criminal udge, who was also on the spot. "When the police force arrived a' shot from a gun or pistol was heard behind the captain who was in command. The captain turned at once and saw a seaman from the Baltimore fall, having received a wound in the neck. The shot had. evidently been fired from a considerable crowd of people standing near. It was impossible to find out who had fired the shot or to find any person who was armed, which will be readily understood if it is considered that the shooting took place just when the police was arriving at EchSurren Square. " The offtcer disinounted, attended to the wounded man, and had him carried to » drug store kept by a SeOor Guzman, so that his first wants might be supplied, and then sent him to a hospital. Unfortunately he died on the way. " I do not think, Seflor Minister, that the local authorities could have done more than they did on the occasion of this unfortunate occurrence, in view of the place where it originated, the insufficiency of the police force for this extensive and irregularly built city, and the imprudence of allowing 160 men belonging to the crew of the Baltimore to go ashore at one time, as the police reports state waa done. "It has been impossible to ascertain the precise cause of the riot. I do not know whether it will be shown by the examination which is now in progress; there is, however, every reason to suppose that it was the outcome of a quarrel between drunken sailors. A similar quarrel had ^taken place a few days before between Ger- man and Chilean sailors." According to the rules which govern criminal proceedings in Chile, such proceed-* ings are conducted in secret while the facts are being investigated. Hence neither the intendente of Valparaiso nor the vindersigned can know anything beyond what appears from the declaration and statements of certain determinate persons. Thus tney can affirm or deny nothing as regards the result which may be reached by the judge who is conducting the investigation, which is likely to last longer and to be more complicated, according to the increased number of those against whom charges are preferred. Reiterating my promise to communicate to the Unit«d States lega- tion the result of the trial, and feeling certain that, when the guilty parties are dis- covered, full justice will be done, I haw the honor to reiterate to you, Mr. Minister, the assurance of my high consideration. M. A. Matta. A correct copy. A. BascuSan, Intendente. Mr. Patrick Egan, Enruij Extraordinary and MiniHtcr Plenipotentiury of the V}iiled Slates. The foregoing agrees with the documents on file at this legation. ri"8.] AxfBAL Cruz. Washington, Deceml)er 19, 1891. j, DIPLOMATIC COERESPONDENCE. 217 D. Ministry of Foreign. Relations, Santiago, October S6, 1891. " I herewith send you an extract fioTn. a communication which has this day been addressed to this department by the United States minister, relative to the dis- turbance with seamen belonging to the cruiser Baltimore. Be pleased to send to this department, as speedily as possible, a report of the ex- amination held concerning this matter, the documeiits showing tie origin and state of the investigation, if the examin9,tion is not concluded, and such other antepe- dents as may show the course which has been pursued by the local authorities. Accept, etc., ■ ' M. A. Matta. Correct. A. BascuSjan, / -, ^ Iritendente. The lNTENDENTET)r VALPARAISO. I certify that the foregoing agrees with the documents on file at this legajiion. [l. s.] AnIbal Cruz. Washington, December 19, 1891. E. Intendbncia of Valparaiso, Valparaiso, October ^S, 1891. In reply to your communication of yesterday, I have the honor to transcribe to you the following note from the judge of the criminal court of this port which has to-day been received at this ihtendencia: t "The, undersigned will deem it his duty to furnish to you all the antecedents relative to the disturbance between Chileans and North American sailors (which took place on the 16th instant) as soou as the investigation, which is now in progress and is being diligently conducted by this court, concerning that disagreeable in- cident, shall have been terminated. "^With respect to the present state of the matter, the preliminary examination is still being held, and the most important proceedings have been those which were brought to your knowledge by my note of tie 2l8t instant, No. 356, to which I r^fer." , By the transcription which I have made you will be able to inform yourself with regard to the state of the examination now being held i concerning the occurrences which tob!^ place on the 16th instant. As to the details furnished by the North American minister in his communication to your department, a copy of a portion of which you were pleaised to send me, I must inform you that I have requested the chief of police to furnish a new and de- tailed report, which I will have the honor to communicate to you as soon as I shall receive it. God guard you. J. DE D. Arlegui. The foregoing agrees with the documents on file at this legation. * . [L. s.] ^ ANfBAL Cruz. The Minister of Foreign Relations. ^ F. Intendbncia of Valparaiso, October S8, 1891. In my communication No. 3094, dated yesterday, I transcribed to you the one which had been sent to me by the judge of the criminal court, promising to com- municate to you through this intendencia, as soon as the examination had been ter- nunated, everything relating' to the unfortunate conflict of the 16th instant between seamen belonging to the cruiser Baltimore, seamen from the national navy, and a por- tion of the common people of the city. 218 RELATIONS WITH CHILE. I promised you in that communioatiQn to send you to-day the new report which 1 had asked of the chief of police, Lieut Col. Ezequiel Lazo, in view of the charges; made by the minister of the United States of North America in the communication' .which he addressed to the Department under your charge, and several paragraphs of v^hich you were pleased to communicate to me. , I now have the honor to send yon, in the original, both the report which the chief of police sent to this intendencia, on the 17th mstant, and that which he sent to me yesterday at half-past 6 o'clock p. m. on the same subject. You wUl thereby see how incorrect were the charges made by the minister of the United States against the police of this city. It would be, of course, physically Impossible for the police to nave committed all the acts of brutality and cruelty with which they are charged. The riot began at about 6 p. m. in Clave, San Martin, San Francisco streets, and others, which are inhabited by low characters and in which liquor shops and sailors'' boarding houses are numerous. - It is a very easy matter to collect a mob in that quarter in a few minutes. (Here follows the rest of the report as given in detail in Inclosure C.) g; Office of the Chief of Police, Talparaiso. Sefior Intendente : I hereby inform you that yesterday at 6 p. m., in ErrSzuriz avenue and in Arraydn and San Martin streets, a great riot took place between 'seamen belonging to the North American war- vessel Baltimore, Chilean seamen, and some of the people of the city. While this office was receiving notice of the riot and a sufficient force was being sent to reenforee the city guard, the latter found, on its arrival, six; wounded North Americans and one Chilean sailor. Boatswain's Mate Eiggin, of North American ivationality, subsequently died. He was sent to the hospital, together with the following wounded men : J. W. Talbot, W.' Tumbull, J. M. Davi&on, 'G. Pancker, and John Hannltier (Hamilton?).' The riot was entirely put down by the force. It is impossible for the present to learn precisely what wsis the cause of the disturbance, owing to the qniekneas with which it originated. The following seamen from the Baltimore were .arrested and taken before the judge of the criminal court: C. G. Williams, H. Frederick, P. Thompson, A. Priffus, T. Gallagher, W. Saery, J. McPraidi, C. Bayll, Mm Bonll, W. Brown, J. W. Friend, John Kudison, N. Janet, N. Doncke, J. Nelson, N. Cristen, W. Salbon, Patrick Gagan, McWilliams, G. Guth, Dory Cass, W. H. Nichols, J. Har- wors, H. Curmangharm, A. Swanson, C. Welleland, Downy, J. W. Talbot, N. Hal-' Btington, G. FiermbuU, W. Trumbull, and the following Chilean sailors : Manuel Mendoza, Pedro Plaza, Joaf, Ahumada, Yicente Guzman, Enrique Roman, Manuel Cenobio^ Adrian Bravo, Desiderio Castellano, Jos^ Escribano, Guillermo Hidalgo. All of which I bring to your knowledge for-such purposes as may be proper. Valparaiso, October 17, 1891. Ezequiel Lazo. ,The Intendente of Valparaiso. Certified to be correct by the Chilean legation at Washington. H. From the Chief of Police of Valparaiso. " SeBor INTENDENTE : In obedience to your verbal order to report concerning the con- tents of an extract from the note of the United States minister addressed to the min- ister of foreign relations relative to the affray which took place on the 19th instant between some North American seamen and a number of Chilian seamen and people of this city, I have to inform you that I ratil^ in all respects the report which I made to you on this subject under date of the 18th instant, and I may add that the charges made against the police by the United States minister are wholly unfounded, sin6e the police did nothing more than their duty and did not maltreat a single one of the foreign seamen. It was their duty to disperse the crowd.8 which had collected in several streets, owing to the riot which had taken place between the seamen of both DIPLOMATIC CORRESPONDENCE. 219 nationalities and a number of tho people of the city — to send all that they were able to take to the police station, in order to Shelter them from further attacks, and as you are aware 31 United States seamen and 11 Chileans were taken before the criminal court for examination. ■ - Capt. Honorio Zamudio, who was in command of a detachment of police, found on reaching the scene of the disorder a mob of not less than 1,000 persons, and in his report to me ap.^ in his statement before the judge of the criminal court he hais de- clared that that serious riot was put down by his intervention, adding that the wounded men who' were found, both American and Chilean, were sent to the hos- pital, and that they had been wounded in the fights Whioli had taken place before he arrived. He adds thatj when he reached Marquez'street, he heard the shot of a gun or pistol, and turned towards the group whence he thought that it had come ; he then found that a foreign sailor had received a ball in the neck, and it was implossible in that crowd to find out who had fired the shot. This is all that I have to say on the subject. EZEQBIBL LaZO. Office of the Chief of. Police,' Valparaiso, October SS7, 1891. The Intbndentk of Valparaiso. Certified by" the Chilean legation at Washington to be correct. I., From the Judge of the Criminal Court of Valparaiso. ' Valparaiso, Novejnber 6, 1891. Senor IlfTENDBN'fB : I have read the translation of a communication sent to you, by the commander of the BalUmgre,. in which he sends a list of names of persons who, may be summoned to testify at the examination which this eourt is now holding Concerning the riot of the 16th of October last, and I am happy to inform you that the court has ordered all the persons mentioned to be siunmoned without delay. The commander of the Baltimore, in his communication, mentions several of the men belonging to, the crew of that vessel; before allowing thein to testify, however, he requites : i. , (1) That they be permitted to make their statements in their own language. (2) That they shall be accompanied at court by an offtoer who is to serve as their adviser. (3) That their statement^ shall be public and that they shall not be held in reserve. (4) That the commander shall be allowed to read their statements. As to the first condition required for the appeara,nce of the seamen of the Baltimore, you will understand that this court has no objection to it whatever, nor could they give their testimony otherwise than in the manner desired by^the commander, since they do iiot understand the Spanish language. I may also add that, desiring to furnish all necessary facilities for the defense of the rights of the American" seamauj this court will accept their testimony through such interpreters as they themselves may designate, although there is among its clerks an interpreter who has 'never given cause for doubt as to his impartiality and discretion. The same is not the case in regard to thp other conditions required, none of which could be granted by this oourt^ since all of them are contrary toHihe secrecy required by our laws of procedure in criminal cases so long as the preliminary examination of such ease is in progress. The judicial authorities of Chile could not permit, SeSor Intendehte, without detri- ment to its defeorum and to the prerogatives belonging to the republic 3(8 a free" and sovereign nation, that, in view of exigencies which are justified neither by law nor by any reason whatever, distinctions should be made which are openly in violation of the laws which, in our country, protect all persons, whether native or foreign. On tills subject I reproduce the considerations contained in my communication. No. 206, of this date, sent to you in reply to the claim made by the North American consul relative to the seaman Patrick Shields, of the steamer Keweenaw, the con- tents of which communication you may communicate to th6 commander of the Baltimore. 220 RELATIONS WITH CHILE. Perhaps, without insisting upon his flemands, the commander may obtain what he asks for, if he will send his seamen, together with some officer in whom he has confidence, who is familiar with the Spanish language, to act as their interpreter. God guard you. E. Foster Eecabarren. The Intendente or Valparaiso. Certified to he correct by the Chilean legation at Washington.. J. From the criminal judge of Valpfiraiso. [Translation.] No. 382.] Criminal Court, Valparaiso, November S, 1891. SeBor Minister : As yon are aware, this court is at present, and has been since the 17th of October last, conducting with' activity and zeal an ini'estigative sumario in regard to the lamentable disorders which took place on the afternoon of the previ- ous day in the ArraySn quarter of this port between sailors of the American cruiser Baltimore, Chilean sailors, and people of the town, with the unflinching purpose of investigating the real origin of those events, and applying in due time the fitting- punishment to the persons who may be found responsible therefor, whatever may be their nationality. » In the oouise,of the investigation this court, obeying the positive precepts of our laws of procedure, which prescribe that the judges of instruction in criminal cases shall endeavor to attain to the truth by all means within their reach, and keeping, . also in view a purpose of exalted impartiality and international courtesy, issued an order {decreto rule'* directing that there be requested, in order to make use of them in the investigation, such details in regard to the occurrences above referred to as it might have been possible for the American consul and the commander of the Bal- timore to collect, and the court notified the intendente of the province to obtain through his mediation the aforesaid details. Under date of yes'terday the intendente submitted to the court copies of the notes sent to him by those officers, wherein both of them excuse themselves from furnish- ing any particulars whatever, alleging that the matter had been brought to the cog- nizance of Mr. Patrick Egan, minister plenipotentiary of the United States in San- tiago, by order of their Government. The commander of the Baltimore adds, more- over, for his part, that Mr. Egan could furnish, if requested to do so, a list of names of persons, who, in their turn, could state the names of other persons who witnessed the death of the sailor Kiggin and the wounding of several other members of the crew of that cruiser. This last suggestion of the commander constrains the undersigned to address him- self to you in order td request, through the official channel of your department, the particulars which Mr. Egan may possess in regard to the disorders under, examina- tion, and especially the names of the witnesses to whom the aforesaid naval com- mander refers. And, now, that I have had this opportunity to address yon, I do not wish to let it pass without expressinff to the minister the surprise wliich this court could not but feel that there should have been an attempt to make a vexatious international question out of an affair which, by reason of its nature, its characteristics, and its propor- tions, ought never, looking at things with a dispassionate judgment, to have left the Jialls of the court ■rchich was investigating it in coiiforraity with the laws which, in our country, protect the rights of all without distinction of nationality. Indeed, Scnor Minister, in order that a common crime, defined and punished by our penal code, committed in onr territory and in which foreign citizens have been con- cerned as responsible actors or as victims, could be removed from the ordinary and equal sphere of the courts of justice without evident wrong to our rights as a sovereign and civilized nation, and be carried into the craggy domain of diplomacy, it would be necessary for one of the following, circumstances to have taken place: (1) That the'authorities of the district or their responsible agents should have taken a personal and direct part in the offense. (2) That, it having been in the power of the said authorities or their.ageuts to DIPLOMATIC CORRESPONDENCE. 221 prevent the occurrence of the event, or its later consequences, they should have ' neglected to do so. (3) That the ordinary justice having cognizance of the occurrence should not have proceeded to investigate the facts in order to punish those who might be .found guilty; and , (4) If the court, called upon to ttike cognizance of the affair, should decide it in a sense contrary to existing law and in prejudice of the foreigners concerned. Do the disorders of the 16th of October appear to be invested, perchance, with anyone of these conditions? Without violating the legal seal of the sumario, I can inforin you in advance that neither the wounded sailors, nor the commander of the Baltimore, nor the American consulj nor any person whomsovever, has made imputation against our authorities or against their immediate and responsible agents, by even insinuating before thiS- court that the disorders of the 16th could have taken place with their participation or knowledge. Neither has any charge whatever been made, either specific or general, against the said authorities or against the police, because of their not having endeavored to prevent those pccurrendes and their subsequent and deplorable results. . On the contrary, from the concurrent testimony of the greater part of the sailors of the Baltimore, it appears that the police rendered them timely assistsmoe and that they endeavored to protect them by withdrawing them from the action of the popu- lace and conveying them to their own barracks. Only one of those sailors, N. C. Janet, maintained before the court that the policeman who arrested him had struck him while taking him to the police barracks, adding at the same time that he did not know that policeman and was unable to prove the fact. The commander of the Baltimore, himself, who, in company with the North Amer- ican vice-consul came to make an official visit to the und«rsigned in the public office of the court, made satisfactory declarations concerning the conduct of the po- lice in the disorders under examination ; and addedj moreover, that the conduct of certain of the officers toward his sailors had been delicately considerate. , It is incumbent upon me, also, to add for my part, that the court is taking active measures to find all the parties guilty of the injuries committed against the citizens ^ of a friendly nation; and that with the cooperation of the police force, it has suc- ceeded in arresting several of the individuals to whom a direct participation in those acts was attributed, of whom two have confessed. -It is to be regretted that the sumario has not yet been concluded ; but you wilt comprehend that by reason of the great attention given thereto it has not been pos- sible to finish in a few days the investigation of a complicated case, in which hun- dreds of persons were involved, many of whom^ust be called upon to testify, be- sides which the witnesses must be summoned whom the accused present in their be- half, and their testimony taken. _ , The sumario will follow the course which our laws of procedure prespribe ; and the minister may rest fully assured that exact and impartial justice will lie done. If therefore the disorders' of the 16th do not involve the first two conditions above set down ; if the competent court is conducting the sumario of the case with activity and persistence, and if there be no motive whatever for supposing that in the final judgment to be rendered there will be violation of law to the ;()rejudice of the right of the sailors of the Baltimore, how then has the minister of the United States been enabl^ to seek in the resort to diplomacy that protection for his countrymen which no one has denied to them, and which the Chilean law most amply concedes to them as to its own citizens ? ' The undersigned entertains the full ,assurance that you will uphold with the patri- otism, uprightness, and impartiality, which characterize you, the privileges of this court, if, as I do not anticipate, the minister of the United States should be disposed to disregard them. May God guard you. E. Foster Recabarren. A true copy. • ' A. Bascunan M. The Minister of Foreign Relations. This agrees with the documents on file in the archives of this legation. Anibal Cruz. WASiimGToyi, Deoetuher i9, 1891. 222 RELATIONS WITH CHILE. K. Ministry of Foreign RELAXiONt;, Santiago, Xovember 9, 1891. Sir: Tlie judge who is conducting the examination which has been begun with a ■view to discovering the parties responsible for the disorderly acts which occurred on the 16th ultimo, has found, in prosecuting in investigations, that it is necessary, in order to secure all possible data conducive to the elicitation of the truth, to> ask for such information as it was said could be furnished by the commander of the Bal- timore and the consul of the United States of America at Valparaiso. According to a communication from the judge to the secretary of state in the de- partment of justice, the aforesaid commander and consul were requested by the in- tendant of Valparaiso to furnish such information, but they excused_ themselves from making any statement whatever on the ground that the information in their possession had, " by order of their Government, been brought to the knowledge of the Hon. Patrick Egan, minister plenipotentiary of the United States at Santiago." The commander added that Mr. Egan could, if requested, furnish a list of names of persons who, in their turn, could give the names of others who "had witnessed the death of«the seaman Eiggin and the wounding of various other men belonging to the crew of the Baltimore. Such is, with proper reservations touching all that might be understood as having been done in disregard of Chilean jurisdiction, owing to certain ways of acting, and the words whereby they are explained, the point on which this department of for- eign relations desires that, giving the testimony which is necessary and conducive to the elucidation of the facts and the discovery of the guilty parties, the envoy extraordinary and minister plenipotentiary of the United States will be pleased to furnish such information as may be in bis possession, thereby contributing to the Siscovery of the truth in regard to the disturbance which took place on the 16th ultimo. The progress of the examination has now been delayed for several days, owing to the unwillingness of the officers of the Baltimore to appear before the court, and it will be delayed until the testimony is given which has been asked for by the judge, and which, it appears, ne requires in order to continue and complete his investiga^ tion. Without lengthening these notes by indulging in reilections and considerations eoncerning the rules and the obligations that must govern a judge who is engaged in the investigation of occurrences like that which took place on the 16th of Octo- ber, the undersigned calls the minister plenipotentiary's attention to the necessity not only for expediting but also fo^ completing the examination of the communica- tion to this department of his important testimony, to the end that it be trans- mitted without delay to the competent court. Awaiting your rejjly and reiterating to you the assurance of his cousideration, the ' undersigned remains, Your obedient servant, JI. A. Matta. Hon. Patrick EiiAX, Envoy Extruorinnary and Minister PUnipotenliary of the Viiiied Slates. A correct copy. ^ A. BascuSaxM. Sefior Montt to Mr. Blaine. Legation of Chile,. Washiiu/fon, December 31, 1891. Sir: In acc(3i(lauce with my in-oinise made to you in our interview of to-day, I am hai)i)y to send you a copy of two notes from the minister of foreign relations of Cliile to :\rr. Egan, together with various docu- ments relative to complaints made by the American legation at Santi- ago against the detective force. With sentiments, etc., Pedro Montt. DIPLOMATIC CORRESPONDENCE. . 223 .' ' / Fi'om the minister of foreign relations to the envoy extraordinary and minister plenipotert- tiary of the United States. Santiago, No^veniber 17, 1891. , Mr. MI^T1STER: On Monday, at 5 p. m., your note of that date was received at this department, wherein you state that certaiij spies of the secret police, who had been stationed, near the house and in the neighborhood of your legation, have molested the inhabitants of that section of , the city by knocting on the windows and uttering' gross insults to the refugees whom they saw in the room which looks out upon the street, the disorder having been stopped by the intervention of other police officers who rode up in a carri3.ge and arrested those who had created the disorder. Mr., Egan, even if thp police had not stopped that disorder at once, might have felt certain that such actions would meet with no support or excuse on the part of this ministry, as the Undersigned feels certain that the honorable minister plenipo'; tentiary does not approve or justify the indiscretions of the refugees, who more than once, by their cries, gestures, and violent attitudes, have' provoked, the passers-by, who may not have been and who were not officers of the police, either secret or public. Immediately after the reception by this department of the note of the honorable envoy extraordinary, the intendente of Santiago was instructed to make a report on the subject, from whi«h it appears that Mr. Egan has not been correctly informed, Whatever may be the opinion entertained and the comments that may be made upon this occurrence and those who took part in it, what is proved by the words of the ministejT is that the disturbance of the tranctuillity of the neighborhood and of his house was ended by the intervention of the local authorities, who do not recog- nize as their agents the drunken persons who created the disturbance, and who, if detected, would be punished as they deserve. This department does not mehtidri the reports of the police, which state that not only some of the refugees, but some persons connected with the North American le- gation, commit indiscretions that call forth replies and reprisals which do not cause the right or the decorum of anyone to appear in a favorable light. The undersigned, etc., ' /' , M. A. Matta. A correct copy, ' [L. s.] ' ANfBAL Cruz; • Secretary. Washixgton, December 31, 1891. From the minister of foreign relations to the envoy extraordinary and iiiinisfcf plenipoten- tiary of the United States. Santiago, November SS, 1891. Sir: Half an hour after the interview of the honorable minister plenipotentiary, on' Saturday, the 21st, with the undersigned, the latter received a note bearing date of the 20th, in which reference is made to the same troublesome matter which, among others, was discussed in the interview which terminated in a manner that seemed to indicate something else than fBAL Cruz, Secretary. Washington, December SI, 1891. 15 226 RELATIONS WITH CHILE. Senor Montt to Mr. Blaine. Le&ation op Ohilb, Washington, December 31, 1891. • SiE : I have the honor to send you a copy of the telegram which was received last night from my Government, and of which I spoke to you in our interview to-day, whereby I am informed of the progress of the proceedings now being held at Valparaiso on account of the lamentable occurrences of October 16. As appetirs from the proceedings which have already been made ' public, all the North Americans, with the exception of two, declare ^at the police did their duty and make no charges against them what- ever. With sentiments, etc., Pedko Montt. Senor Matta to SenorMonit. [Telegram. 1 It appears from the examiBation that the quarrel began between two sailorB in a tav- ern in the district called Airayan, and that.it was continued in the street, persona who were passing by joining in it, together with the inhabitants of the streets known as del Clave, San Francisco, and Alamos. 'The disorder increased and extended through Arenal, San Martin, and Cochrane streets, as far as Echfturren square, when the police restored tranquillity. All the North Americans, with the exception of two, declare that the police did their duty, and it appears from the voluminous dociunents relating to the case that the courts have done and are still doing theirs. When the Government attorney shall have made his report and the time for taking evidence shall have expired, a sentence ■will be pronounced whereby it will be shown who the guilty parties are, which, -for the present, can only be conjectured. Whoever they may be they will be punished. Judicial proceedings are being diligently conducted. Matta. Santiago, December. SO, 189X. A correct copy, [I,, s.] AnIbai. Cruz, Seoretary. Washington, December SI, 1891. Senor Fed,ro Montt to Mr. Blaine. [Iianslatkm.] Legation op Chile, Washington, January 4, 1893. Sir: I.iave the honor to transmit to you a telegram which I received last ,night from Mr. Pereira, the minister for foreign relations, which is as follows : Iilform the United States Government that a summary of the attorney-general's/; report relative to the occurrence of October 16, which Chile has lamented and doeSij so sincerely lament, will be sent on Monday, the 4th instant. With sentiments of the most distinguished consideration I sign my- self. Tour most obedient servant, ' ' Pedbo Montt. DIPLOMATIC COEREkSPONDENCE. 227 Senor Pedro Montt to Mr. Blaine. [Translation.] LEaATioN OF Chile, , Washington, January 8, 1892.. SiE : The preliminary examination (mmario) whicli the criminal judge of Valparaiso begaa on the 17th of Octobesr concerning the deplorable events which took place on the preceding day in that city has termi- nated after having been actively Conducted, and in order to satisfy the desire you were pleased to express to me to be made acquainted with the result, I take pleasure in transmitting to you the informatipn which you requested and which I have received from Santiago by telegraph. Upon a sumario being concluded, it passes to the prosecuting attor- ney (promoter fiscal), in order that he may examine it and in view of the antecedents frame an indictment against the persons who may ap- pear responsible for the offenses which are being prosecuted. The prose- cuting attorney of Valparaiso, in compliance with the law, has examined in detail all the testimony given by the sailors of the Baltimore and by the numerous persons who were eyewitnesses of the facts, and the con- clusion which he has reached is as follows : -■' (1) The lamentable occurrence of the 16th of October had its origin in a broil between sailors of the two nationalities, Americans and Chileans. The sailors who began the disturbance were drunk, and the affair as- sumed extensive proportions owing to the character of the quarter of the town in which it took place, which is inhabited by peoples of disrepu- table habits and abounds in places for the sale of iiquors. (2) From the first moment the police did everything that the author- ities ordered them to do in order to repress the disturbance, (3) All the witnesses without exception, including the sailors of the Baltimore with the exception of two, hate admitted that the conduct of the police was correct,* and that they did no other thing'than fulfill their duty. >< ' (4) Of firearms there was only one revolver shot, the dischaifge of which was isolated. This shot can not be attributed to the police, be- cause the police use comblmn (carbines), and not revolvers. ' The prosecuting attorney has brought accusation against those whp, from the swmario, appear to( be guilty and they are: Carlos Gomez, Pe- derico Eodriguez, and Ahumada, Chileans, and Davidson, an Ameri- can; and has asked that upon them be imposed the penalties assi^ed by the law, namely, upon Gomez of 3 to 5 years penal imprisonment, Eodri- guez from 2 to 18 months, and Ahumada and Davidson 20 to 40 days of imprisonment. By mail I shall receive the attorney's report in full, ahd I shall have pleasure in communicating it to you, should you desire to be acquainted with it. Upon the conclusion of the sumario the procedure prescribed by the laws is to communicate to the criminals the indictment framed by the prosecuting attorney and to set down the case for trial withiii a brief period. Thereupon the sentence is p^'onoujiced, which must be reviewed by the superior court. Considering the bulk of the record of proceedings, which exceeds 300 folios, the necessary investigatione to, discover the culprits, the numerous witnesses whose depositions have been taken, and the delay m the appearance of several of them, of which you have knowledge, the aativity shown by the criminal judge of Valparaiso in this matter. 228 RELATIONS WITH CHILE. to the end that public justice should be speedily done, has been satis- factory to my Government. I have also received special instructions to state to the Gdvemment of the United States that the Government of Chile has felt very sincere regret for the unfortunate events which occurred in Valparaiso on the 16th of October. Although incidents of this nature are not rare in ports frequented by sailors of various nationalities, the fact that deaths and wounds were caused in the disturbance of the 16th of October, the zeal with which the Chilean authorities are accustomed to watch over the personal security of all who tread its territory, the fact that persons employed in the service of a friendly nation were concerned, and the frank desires for American cordiality which my Government entertains have led it to cordially deplore the aforesaid disturbance and to do everything in its power toward the trial and punishment of the guilty parties. "With sentiments of the most distinguished consideration, I subscribe myself, Tour very obedient servant, Pedko Montt. Tremslation of telegrams from minister for foreign relations of Chile to Chilean minister, delivered to Mr. Blaine by Senor Montt, January 15. Santla. DIPLOMATIC CORRESPONDENCE. 229 Senor Pedro Montt to Mr, Blaine. [TTanalation.] LEeATioN OP Chile, Washington, January 20, 1892. (Eeceived 1 :23 p. m.) Sir : I liave received mstructions from my Government to stjite to you that, in its desire to cultivate cordial and friendly relations with the TJnited States, the continuance of Mr. Egan as minister of the United States in Santiagp is not agreeable to it. Mr. Egan is not persona grata for my Government, which will have much pleasure in receiving another representative of the United States. The desire of the Government of Chile to draw closer its relations with that of the United States is its motive for taking this step. With sentiments, etc., Pedro Montt. Sfinor Pedro Montt to Mr. Bladne. [TranBlation.] Leg-ation of Chile, Washington, January 23, 1892. 'Sir : In view of the wish you wesre pleased to express to me, I requested from Santiago and have to-day, reseived by telegi^aph a copy of the tes- timony givfen by one of the sailors of the Baltim&re in regard to the deplorable events of the 16th of October at Valparaiso. The declaration which I send to you is that of the sailor J. M. Talbot, made by him before the criminal judge and in the presence of the ac- cused, and with the assistance of Mr. MacCrea, anofftc'er of the^aWimore, who discharged the fnnctions of interpreter and who signed the record of the testimony in union with the judge and the sailor who testilied. In the evidence given by Talbot at Valparq,iso, in the presence of the accused, yon will see that he makes no charge against the police, nor against Chilean soldiers, and his testimony is signed by himself and by Mr. MacCrea, an officer of the Baltimore, who discharged the fanc- tions of interpreter. According to what I have been able to see in the newspapers, Talbot has testified at Vallejo very different things from those whjicfti he testi- fied at Valparaiso, and has made grave charges against the police and against Chilean sailors in uniform. ^ When the declarations made by the other sailors at Valparaiso, of the dispatch of which by mail my Government advises me, shall reach this city, you will be able to appreciate the difference there is between the testimony, given by them at Valparaiso under cross-examination [en unjuicio contradictorio], confronted with the accused, and that which they have said at Vallejo, where th^re was nobody in a position to con- tradict their affirmations. With sfentiments, etc., * \ Pedro Montt. 230 RELATIONS WITH CHILE. ' [InclosTire. — Translation Telegram.] <». Senor Pereira to Senor Pedro Monti. Ministry of Foreign Affairs, Santiago, January 2n, llfS^. In the coufrontation of witnesses IcareoJ recorded at folio 84 of the original docket,, the officer of the Baltimore, Mr. MacCrea acting as interpreter, the North American sailors, John M. Talbot, John Davidson, George Pauchter, John Hamilton, John Butler, James MacJohnson, Joseph Seigler, Patrick Mac- Williams, and Charles Williams gave testimony. Talbot said that' he confirmed his evidence, folio 21, and must add thereto, that on the day of the occurrence the deponent was in a city tram car, in the street of the Arsenal, in company ■with the deceased Eiggili, when they were attacked by a numerous group of people of the town who began to insult them, besides throwing stones into the tram car, from which they endeavored to take them out by force. The deponent and his companion saw themselves obliged to get out of the car, and they were both imme- diately attacked by the mob which surrounded them, and they became separated the one from the other. While in this situation he saw Riggin, about ten paces dis- tant, throw up his .hands in the air with the gesture of a man about to fall to the ground, as he indeed fell, wounded as it seemed by a knife, but he heard no noise or detonation of a firearm. The deponent was unalJle to lend assistance to his companion, because of having to defend himself, and in order to save his life he had to take flight, being afterwards rescued by the police, who took him first to the barracks and- afterwards to the hospital, which was necessary because of the condition of the injuries he received in the tumult. TJie witness did not see who wounded Riggin, who, as he afterwards learned, was wounded by a bullet at the same spot where the occurrence took place, dying in consequence of those wounds. He likewise does not know who it was that wounded the witness, for in the confusion he could not fix upon any person in particular ; and he should add that because of his wounds he was ill and rendered, unfit for duty until now, not being yet entirely well. He knows none of the priSo;}ers with whom he has been confronted, and does not know what part they may have taken in the disturbance. " FOSTBR ReCABARREN. * J. M. Davidson. Joseph Singler. J. M. Talbot. ^ John Hamilton. John Butler. J. Mattun Johnson. C. J. Williams. Jorge PAutcher. Henrt MacCrea, Officer of the Baltimore, Interpreter. Eengifo, Interpreter of th« ^ourt. The Secretary. I The foregoing declaration is textual. Pereira. I certify that the foregoing copy is in conformity with the telegram received to- day at the Legation. Washington, January 23, 1892. ' AnIbal Cruz, Secretary . CORRESPONDENCE OF NAVY DKPARXMENT 231 OOKRESPONDENOE. Senor Lazcano to Mr. Blaine. [Translation.] Legation of Chile,, Washington, January 16, 1891. (Eeceived Febriiary 12). SiE : I regret to inform you of 9, revolt of a division of the navy of the Eepublic of Chile in the port of Valparaiso on the 7th of this month. My Government has declared the revolted squadron outlawed, and instructs me to inform you that it is not answerable for the acts of the rebels in regard to foreigners or citizens. I renew to you my sen,timents of high and distinguished consideration. Prtjdbnoio Lazcano. Mr, Blaine to Mr. Tracy. Depabtmbnt op State, Washington, Jamuary 19, 1891.. (Eeceived 20th). Sik: I have the> honor to inclose for your information copy of a tele- gram just received from our minister to Chile, staiingthat the revolted squadron is about to blockade certain of the Chilean ports, and ask- ing that some of our war vessels may be sent to those waters for the protection of United States interests. I have the honor to be, etc., James G. Blaine. Mr. Tracy to Bear-Admiral McCann. [Telegram.] Navy Department, Washington, January 34, 1891. Mr. Tracy orders Admiral McCann to proceed at once from Monte- video to Valparaiso, with the Pensacola, and to take command of the Soutii Pacific station, for the purpose of protecting American interests. 233 234 RELATIONS WITH CHILE. Bea/r-Admiral MeCann to Mr. Tracy. [Telegram.] Montevideo, XJEtraxJAT, Jcmuary 36, 1891. (Received January 27.) Admiral MoOann reports that he leaves for Valparaiso January 27. Mr. Tracy to Rear-Admiral Brown. ' [Telegram,] I Navy Dbpaetment, Washington, Jamun/ry 26, 1891. Mr. Tracy informs Admiral Brown, Honolulu, that Admiral McCann has been ordered to proceed, with the Pmsaeola, to assume temporary command of that part of thie station embracing the coast of South America from Guayaquil south, and that he will return to his former station upon arrival of another vessel. Mr. Tracy to Gapt. Schley. [Telegram.] Navy Depaktment, Washington, Janua/ry 26, 1891. Mr. Tracy 'instructs Oapt. Schley at Villefranche, Prance, to dock the Baltimore at Toulon, and to prepare for sea, and that orders have been mailed. Lieut. Commander Sebree to Mr. Tracy. [Telegram.] U. S. S. Baltimore, Villefrmche, Jamuary 27, 1891. (Received January 28). ' The commanding offlcer of the Baltimore reports that he wUl leave the next day for Toulon. Admiral MoGann to Mr. Tracy. Flagship Pensacola, ' SoMdy Point, February 9, 1891. Sib: I have the honor to inform the Department that on Wednes- day, the 28th January last, the Pensacola left Montevideo, bound for Valparaiso. . Th^ere is no definite news from Chile as no papers or local mails have been received here, and the Kosmos steamer which arrived yesterday , ' NAVAL COREESPONDENCE. 235 morning from the west coast had parted with her newspapers before leaving the Chilean ports. Judging by the reports received from vari- 'ous sources, the following seems to be a fair summary of affairs at pres- ent. Affairs are very unsettled throughout the whole of Chile, and while the postal and telegraphic communications are not entirely inter- rupted, they are very uncertain, particularly "via Panama. All tele- grams are subject to Government inspection, and even th,en their trans- mission is extremely doubtful; code and cipher dispatches are parti-cu- larly objected to. The insurrectionists have seized the philean coast steamers for use as transports, but they have not interfered with the foreign Steamers. Merchant vessels are asked for supplies,' which are. refused in order not to get into trouble with the shore authorities, but in some instances the lighters loaded with supplies have been taken from alongside the steamers. • The Chilean navy is stationed off the ports, but for observation, hot blockade, and vessels pass in and' out freely. Ooquimbo is the only port reported to be in the possession of the insurrectionists, and the latest rumor was to the effect that President B'almaceda was se'nding a force overland, which could easily be done by rail, for the purpose of retaking thie town. Some time ago the Blanco lEncalada was at anchor in the harbor of Valparaiso when the forts opened Are on her, forcing her to retire. One shell kiUed six men in the BUmco, and the bodies Were taken ashore at Valparaiso for burial by Hj M. S. Champion. The torpedo cruiser Almirante Lynch, 'before reported from Monte- video, stopped here for some time and was met by the gunboat pUco^ mayo. As 75 per cent of the inhabitants of this place are foreigners,' and as there was nothing to be gained by formally capturing the town,, it was not molested. The second officer of the Almirante Lynch made a secret agreement with the general on shore to send off' some men during the night, capture the vessel, send the olflcers ashore under arrest, and thus secure the ship for the Presidential party. This plan was carried out successfully, a signal was made for the captain of the Pilcomayo to repair on board, and a^ he came over the side he was seized and ironed. The next day all the officers who would not join the hew captain were removed to the town, where they have since been released from confinement on their parole. These two vessels have starte'd east, leaving here February 2 with the avowed intention of going to Montevideo to try and obtain possession of the Almirante Gondell, a second torpedo cruiser, sister ship to the Almirante Lynch, and lying in that port unable' to leave for want of stores and coal. Later information, received fromCommander Forsyth ait Montevideo, is to the effect that the Almirante Gondell had left suddenly; it was supposed that the captain had heard rumors to the effect that new officers and a crew were' coming overland to take the ship. Well-informed people here, however, seemed to doubt if the two vessels have gone out of the Straits, as they were very short of officers competent to handle and navigate them. Foreign men-of-war are not likely to have trouble in obtaining sup- plies of provisions and coal except at Valparaiso, where a coal famine is said to exist, and doubtless prices will be excessive. Very respectfully, • W. P. McCann, Bear-Admiral, U. S. iVcrayL 236 RELATIONS WITH CHILE. ^ « Captain Schley to Mr. Tracy, [Telegram.] Toulon, February 13, 1891. (Eeceived Februalry 12.) Captain Schley reports tliat the Baltimore will sail Saturday. BearrAdmiral McOann to Mr. Tracy. [Telegram.] Talcahtjano, Chile, February 22, 1891. Admiral McOann reports the arrival of the Pensaeola at Talcahuanp on the 20th instant. ■ Bear-Admiral McCamn to Mr. Tracy. Flagship Pensacola, Valparaiso, Chile, February 27, 1891. Sik: I have to inform the Department that on Wednesday, the 25th of February, at 2 p. m., the Pertsaeola anchored in Valparaiso Bay, hav- ing left Talcahuano on the 24th at 1 p. m. On the 10th of February the Pensacola sailed from Sandy Point, anchoring that afternoon at San Nicolas Bay and proceeding the next day as far as Port Tamar. On the morning of the 12th we left that anchorage, and at 1 p. m. passed by Cape Pillar, out of the Strait* of Magellan. Fearing that the supply of coal would be exhausted by the time of our arrival at Valparaiso, I decided to call at Talcahuano to replenish our supply, which port was reached on the 20th of February. I was further induced to make this stop in view of the fact that, from the most reliable information obtainable, at Sandy Point, it was learned that a coal famine existed at Valparaiso, but that a supply might be obtained either at Lota or Coronel; Wt having no charts of the Bay of Arauco, on which the coal mines are situated, it was deemed advisable to try Talcahuano, about 40 miles farther north. At the latter place there is a supply of Lota coal and of New South Wales coal, the latter seized by the Government. A telegram was sent on the 20th to the Chilean Government at Santiago, asking if they would let us have 200 tons of this coal; on the morning of the 21st an answer was received granting us permission to take it, and prepara- tions were immediately made to get it on board. The consul at Val- paraiso was also telegraphed about coal at that port, and learning from him on *the 22d that 200 tons of Welsh coal could, be had, there were only 400 tons in the place, he was instructed to secure it, and only 97 tons were taken in at Talcahuano. Our movements on the coast will be governed in a great measure by the coal supply, and it is very proba- ble that but very little coal can be obtained between this port and Callao. The Chilean navy has been interfering with the English colliers, and the English flagship, the Warspite, has gone north to attend to the trouble. Capt. St. Clair, of H. M. S. Champion, is of the impression that the Warspite will not return, but keep on up to Esquimalt. H.B. M. S. Fspiegle is expected on Saturday wjth news from the north. NAVAL CORRESPONDENCE. 237 Upon our arrival at Talcahuano I endeavored to send a dispatch to the Department announcing the fact, but was unable to get it through,^ as the insurrectionists had cut the cable on this side, d.nd the Govern- ment allowed no messages to be sent over the trans- Andean Mne. On the 21st I sent a telegram to the United States minister at Santiago, asking him, if possible, to send a telegram to the Department announc- ing our arrival ; he has since informed me that the telegram was, sent. I also wrote to the consul at Oallao, asking him to telegraph the De- partment, and I hope by one or the other of these means the Depart- ment has received the information. On the morning of the 21st the governor of the Province of Oon- cepcion, Senqr Verez, paid an official visit to the ship, and was received with aU the honors due his rank. He read me a telegram received from President Balmaceda, instructing him to "give to the American admi- ral whatever he desires, and extend to him every attention and cour- tesy." ^ The Am.erican, British, and French consuls have also called offtcially. At present, in Valparaiso, the French ship Bubourdien, flyihg the flag of Eear- Admiral de Premesnil, and the British ship Ghampion are the only foreign men-of-war in port. All the Chilean fleet is off Airica, Iquique, and other northern ports. The latest news is of a severe fight at Iqu;que, which place the revo- lutionists occupied after, a bombardment, the first attack by a landing party having been repulsed. To-morrow I wiU have an interview with" the U. S. Minister, Mr. Bgan, sooti after which I espect to visit the northern ports of Chile. Admiral Viel, the intendente and commandante of Valparaiso, and other ofllcials of the port, have, extended to me every courtesy and offer of service. Very respectfully, W. P. MoOann, Bear-Admiral, U. 8. Wavy. Mr. Tracy to Bear-Admiral McGa/nn, [Telegram.] March 4, 1891. Admiral McCann, Flagship Pensacola, Valparaiso, Chile: Insurgents' vessels, although outlawed by Chilean Government, not pirates unless committing acts of piracy. Observe strict neutrality. Take no part in troubles further than to protect Ametican interests. Take whatever measures necessary to prevent injury by insurgent ves- sels to lives or property of American citizens, including American tele- graph cables. Endeavor to delay bombardment by insurgents until American citizens and property are removed, using force, if necessary, only as last resortand when seriousinjury is threatened. American ves- sels seized by the insurgents without satisfactory compensation are lia- ble to be recovered forcibly, but you should investigate matter fuUy before taking extreme measures, and use every precaution to avoid such measures if possible. Tracy. 238 RELATIONS WITH CHILE. Bear-Admiral MeCann to Mr. Tracy. U. S. Flagship Pensacola, Valparaiso, Chile, March 10, 1891. Sib : The telegram from the Department dated the 5th [4th] March was received on the 6th. From the latest advices from the north, received by the P. S. N. steamer Puno, which arrived on the 8th, it is learned that there haa been no fighting at Iquique since the evacuation of that town by the Government troops on the 22d of February. I am informed by the au- thorities here that there is now a force of 6,000 Government troops blockading Iquique on theland side, and that they are still in possession of the nitrate works and all the nitrate deposits on the pampas in the district; however, in consequence of the town and port being in pos- session of the insurgent fleet, merchant vessels desiring to load with nitrates are reftised clearance for that port. Pisagua is also in the possession of the insurgents, and Arica and Antofagasta are blockaded. Outside of these ports the insurgents have no organized land forces, while the Government has 35,000 men in the field. As the M. 0. & S. A. cable is cut north of Caldera (365 miles north of Valparaiso), I will communicate with the Department either from that port or from Valparaiso by the Transandino cable, via Santiago and Montevideo, should any important event render it necessary to do so. On the morning of th§ 9th H. M. S. Champion sailed for Coquimbo, and during the afternoon of the same day the French flagship I)ubovr- dieu sailed, destination unknown. As stated in the telegram, H. M. S. Warspite has gone to the Iforth Pacific. The charts forwarded by the Department in compliance with my re- quest were received to-day. It is my intention to leave here for Iquique, and possibly other northern ports, to-morrow, the 11th, returning to Valparaiso early in April. I jnclose copies of General Orders ITos. 2 and 3. On the night of the 7th the Government transport Maipo was taken out of the harbor and turned over to the insurgents. The Government papers aU acknowledge the loss, and say that the prime mover in it was Major Valdivioso, of the artillery, who, by means of orders which had been signed in blank by the Intendente and filled out by Valdivioso to suit the occasion, induced the first officer to take command and run the ship out. The ship had been coaled, provisioned, and watered prepar- atory to carrying a number of troops north, arid is a great loss to the Government. Very respectfully, ^ W. P. McCann, Bear- Admiral, U. 8. Navy. [mdosure No. 1.] riATiArol Orfler No 2. FLAGSHIP PENSACOLA, General Uraer jn j. Talcahum.o, Chile, February S!S, 1891. The commander-in chief cautions and enjoins the officers and enlisted men of the United States naval force on the west coast of South America to abstain from dis- cussing or criticising the present unfortunate state of affairs in Chile, and in no way to express any sentiments or opinions either favorable or unfavorable to either side. While it becomes our duty to maintain the strictest neutrality in all our official re- NAVAL COEEESPONDENCE. 23j^ lations, it is also to our interests and to the credit of the servipe and our Government to reftain from any expressions that can possibly be construed as an offense by either party. , Officers and enlisted men are therefore ordered to be most guarded and careful in their conversations in relation to the disturbed condition of affairs in this country ■with any persons outside of the United States naval service. W. P. McCann, Mear-Admiral, U. S. Navy, Commanding U. S. Naval Fo-roe, S. A. and S. P. Stations^ [IncloBure No. 2.] General Order ) , tj. S. S. Pensacola, No. 3. \ Valparaiso, Chile, March 10, 1891. The officers and enlisted men of this ship are particularly warned not to receive or carry any letter, communication, or package of any description from any person in, Valparaiso or elsewhere, addressed to'or intended for any person at any of the north- em Chilean ports. W. P. McCann, B^ar-Admiral TJ. S. Navy, Commanding U. S. Naval Force, S. A. and S. P. Stations^ Rear-Admiral MoOann to Mr. Tracy. [Telegram.] Santiago, March 10, 1891, AdmiralMcCann reports that Valparaiso is in no danger Beown. Bear-Admiral Brown to Mr. Tracy. U. S. Flagship Saw Francisco, Iquique, Chile, May 15, 1891. Sir : I have the honor to report that this ship reached here on the 10th instant, having left Callao on the evening of the 7th. On my arrival here I received your cablegram of the 9th instant, re- peated from Oallao, which instructed me to wait further orders. But for this I should have continued on my way south until I fell in with Rear- Admiral McCahn. I have acknowledged by cable the receipt of your instructions relative to the case of the Itata. My future movements will depend on what I hear from you in reply to my cable report of the 14th instant, in which I sent the fiiU text of a letter from the minister of foreign afeirs of the Provisional ChUean Government bearing on the Itata case. The naval and military force of the Congressionalist (insurgent) party is being concentrated here, with the exception of a considerable force at Caldera and Oapiapo. ' This concentration is for the purpose of organization preparatory to further movements. There are about 3,000 troops and several transports here. The insur- gent men-of-war Almirante Cochrane, Huascar, O'Siggins, and Abtao come and go at frequent intervals. All transports are armed with machine guns and are under naval commanders. The Provisional Government is established here, with Montt as the recognized President. Cabinet nunisters are in full control of their several deparfe^ents ; a great many very prominent citizens, who were senators and members of the recently dissolved Congress at Santiago, are also here, and the courts of justice are in full operation. But for the presence of the military in the streets there would be no evidence that war existed. Business is very active, and there are about twenty merchant ves- sels in the harbor, all busy loading nitrate of soda. Only a few of the nitrate establishments in the interior have stopped operations. The military force here are all volunteers, and for the present enlist- ments have ceased. It is said that 10,000 volunteers can be obtained in the interior when wanted. Two reasons are assigned why enlist- ments are not continued. One is that there is a scarcity of arms, and the other that it is not desirable to bring away from the nitrate works too many laborers, as on the export of this product depends the princi- pal revenue of the insurgents, which is reported to be about $1,250,000 per month. I am, sir, very respectfully, etc., Geo. Beown, Bear Admiral, U. 8. Navy, Commanding U. S. Naval Force, Pacific Station. NAVAL COKEESPONDENCE. 255 Bear-Admiral McCann to Mr. Traop. ' [Telegram.] Iqtjique, May 16, 1891. Admiral McCann reports Ms arrival with the Baltimore at Iquique : that the San Francisco is there, and the Pensacola is due May 19 and the Itata about May ^5. The surrender of the Itata has been verbally agreed to. Gapt. Bemey to Mr. Tracy. [Telegram.] " AoAPULCO, May 16, 1891. Captain Eemey reports his arrival with the Charleston at Acapulc'o on May 16th, and that nothing has been heard of the Itata. He states that the Esmeralda is at Acapulco for coal and needs it badly. He re- ports his intention of coaling and proceeding to Arica by way of Oallao, xmless orders are received to the contrary. Qwpt, Bemey- to Mr. Tracy. U. S. S. Charleston, Acapulco, Mexico, May 16, 189k. SiE: I have the honor to report that I have received the Depart- ment's cipher, telegram of the 8th instant, relative to the pursuit of the Chilean insurgent steamer Jteto, etc., at 7:30 p. m. of the same date. The telegram was deciphered by midnight and the Charleston was under way the next morniug at 4 :4;5 a. m. The morning of the 10th was delayed some hours by fog in the vicinity of Point Conception. Passed near and scanned the islands of San Miguel, Santa Eosa, Santa Cruz, and Anacapa, and arrived at the anchorage off San Pedro at 8 p. m. of the 9th, where I found the Omaha and learned that the schooner Bobert and Minnie was in the port and in possession of the United States au- thorities. The Omaha had visited the islands of Santa Catalina and San Clemente, which I purposed during the next day, but which was now rendered unnecessary. After sending the following telegram — U. S. S. Charleston, San Pedro, Cal, May 10, 1891. Secretary oe the Navy, Navy Department, Washington, p. C: Arrived. 8 p. m. Soliooner Bohert and Minnie is in this port seized by the United States marshal. Itata reported to have gone to Hawaiian Islands and also to Chile. Omaha here. Have read telegrams to her commanding officer. ShaU I proceed to Acapulco? Answer. Eemby, Commanding. and having seen the telegram to the commanding ofilcer of the Omaha that the Esmeralda was expected at Acapulco, I decided to sail at day- light for this port, hoping to head off the Itata there. I left the follow- 256 ' RELATIONS WITH CHILE. • ing telegram with the commanding officer of the Omaha to be sent: " bail for Acapulco this morning." The report that the Itata had sailed for Hawaii was sent that the Department, if they deemed proper might send word to the Iroquois by next steamer to keep a lookout for her. Arrived in this harbor at 6 a. m.. having passec'. the Esmeralda at 4 a. m., about 20 miles off the port lymg dead in the water. The Esme- ralda came into port about two hours after us. She wants 600 tons of coal, and we have commenced to take in 400 tons. The Government at the City of Mexico have prohibited the coaling of the Esmeralda, but it is thought that the prohibition will be withdrawn. As soon as coaled it is my purpose to steer for Callao, Peru, flU up with coal, and get into communication with Admiral Brown, After re- flection I have decided on this course as offering the best chances of in- tercepting the Itata. Opinions here are that the Itata has gone south, that the Esmeralda, if convoying her, will not give the vessel up without a flght. • Department's telegram of the 12th instant to the American consul ire received. At the besi;, nothing is known of the movements of the ItaU, except by surmise. here received, the besi;, rmise. Very respectfully, Geo. C. Ebmet, Captain, U. 8. Navy, Mr. Tra&y to Bear-Admiral Brown. [Telegram.] Navy Depaetmbnt, Washington, Mhy 16, 1891. Admiral Brov?n, Steamer San Frandsco, Iquique, Chile : Tour telegram of May 14, containing letter of May 13, from Provisional Government, has been readto the President. The President is gratified to hear that those for whom Itata acted disapprove of her conduct. You are at liberty to state, unofficially and informally, that if the Itata is restored to tne custody of the United States marshal, with the arms and munitions of war received from the schooner Bobert and Minnie, it wUl relieve entirely the present situation. If Itata is found in the territorial waters of any Government except Chile do not seize, but watch and tele- graph Department. Answer. Tract, Mr. Tracy to Bear-Admiral Brown. [Telegram.] Navy Department, Washington, May 16, 1891. Mr. Tracy advises Admiral Brown, U. S. S, San Francisco, at Iqui- que^ Chile, that the Charleston arrived at Acapulco on the 16th instant, also the Esmeralda, and nothing had been heard of the Itata, NAVAL CORRESPONDENCE. 257 Mr. Tracy to Cwpt. Bemey. [Xelegram.] HITavt Department, Washington, May 17, 1891.. Mr. Tracy informs Oapt. Remey, TJ. S. S. Charleston, at Acapulco, that advioies have been received flrom Iquique of the proposed return of the Itata to San Diego, and that as the Hsmeralda may have such an order to give to the Itata the Oharleston is to follow the Esmeralda, and under no circumstances to permit a transfer of arms or munitions of war from the Itata, if he has sufilcient force to prevent it. [S"OTE. — ^The Oharleston left Acapulco before the arrival of the above,] Mr, Tracy to Bear-Admiral McCann. [Telegram.] IS"AVY Department,. ' Washington, May 17, 189l. Mr. Tracy advises Admiral McOann, at Iquique, Chile, that Oapt. Ee^ey, U. S. S. Charleston, has been advised at Acapulco of the pro- posal to return the Itata to San Diego, and that the Esmeralda may have instructions Regarding it; the (7A.artes«ow is therefore ordered to follow the Esmeralda, and under no circumstances to allow a transfer of arms froni the Itata. Admiral McCann is ordered to watch all points and not to leave the waters of northern Ckile with the Pensacola until the return of the Itata is definitely assured. He is informed that the Charleston has been instructed to obey his orders. Bear-Adm,iral B^own to Mr. Tracy. [Telegram.] Iquique, Chile, May 18, 1891. Secretary I^Tavt: I have the written assurance of the provisional minister of foreign affairs that Itata shall be restored to the custody of marshal at San Diego, Cal., with everything removed from schooner named. Hopes are entertained of a peaceful settlement. The restoration as I may dii^ect. Unless I receive orders to the contrary, I shall consider re- voked the order to chase and seize the vessel. Conferring with Com- modore McCann. , BllOWN. 17 258 EELATIONS WITH CHILE. Mr. Tracy to Bear-Admiral McGam,n. , [Telegram.] MAT 18, 1891, Admiral MoOann, * Steamer Baltimore^ Iqiiique, Chile: Must be careful not to recognize, under any circumstances, insurgents. Department expects you will see that Itata is returned to custody of court at San Diego, Cal., with everything aboard. The method and manner of return are left to your discretion. Charleston coaled at Aca- pulco, and left immediately, going south. Will stop probably at Panama. You should be informed where Itata is expected. Brown's telegram received. Teacy. Bear-Admiral McCann to Mr. Tracy. [Telegram.] IQTJIQUB, May 19, 1891. Seoebtary Kavy: Telegram of 17th May received. Provisional Government promises immediately to inform captain of the Esmeralda of its agreement to restore Itata and arms to marshal at San Diegb, and to order the cap- tain to carry out this agreement. They have telegraphed their agent at Panama to notify captain of the Esmeralda that he can get co^ ^t Panama. Authorities here state that they are absolutely ignorant of the whereabouts of the Itata, but they expect to be, informed to-dayi As soon as this information is obtained I will telegraph it. McCann. Bear-Admiral McCann to Mr. Tracy. [Telegram.] IQTJIQTTE, May 20, 1891. SEOEETAEY lifAVY: Your telegram of May 18 is received. Provisional Government tele- graphed captain of Esmeralda to make restitution of the Itata to the authorities of San Diego, with arms taken aboard from the schooner, but the President of Mexico has ordered Government lines to refuse messages to or from Esmeralda. If message sent by authorities here can be delivered to Esineralda, Itata may not have to come to this coast, and her whereabouts may be ascertained. McCann. Mr. Tracy to Captain Bemey. [Telegram.] Navy Depaetment, » Washington, May 20, 1891. Mr. Tracy orders Captain Remey, U. S. S. Charleston, at Panama, to await farther instructions. [Note.— Not delivered.] NAVAL CORRESPONDENCE. 259 Mr. Tracy to Bear-Admiral McGwnn. [Telegram.] Navy Department, Washington, May 20, 1891. Mr. Tracy cautions Admiral McCann, at Iquique, that all corre- spondence and oflacial acts must proceed on the principle that the United States has not recognized those engaged in hostility against Chile as a government or even as belligerents. The attitude of impar- tiality defined in first instructions is to be maintained, but the laws of the United States and the authority of its courts must be respected. Mr. Tracy to Gai^t. Bemey. [Telegram.] Navy Department, Washington, May 21, 1891. Mr, Tracy revokes the orders of Oapt. Eemey, at Panama, to seize the Itata. He is to notify her that Senor Errazuriz, the leader of the insurgents at Iquique, has promised tb deliver her to the United States with the arms taken n'om the schooner, ar^d that if so delivered to the Charleston, Capt. Eemey will report at once, also notifying Eear -Admi- ral McCann at Iquique. Captain Eeniey is instructed that if the cap- tain of the Itata should decline to deliver her, he is to remain in com- pany and prevent any transfer of arms. Mr. Tracy to Bear-Aimiral McCann. [Telegram.] Navy Department, ' Washington, May 21, 1891. Mr. Tracy instructs Admiral McCann at Iquique that the Charleston left Acapulco on the 17th instant, intending to touch at CaUao on her way to Arica. and possibly at Panama. The Department has notified her both at Oallao and Panama of the arrangement at Iquique to return the Itata, and directs the Charleston to remain in company with the Itata and prevent any transfer of arms, but that the order to seize her is revoked. A report comes from the Congressional agents in Paris that the ship only is to be given up, and not the arms. This is contrary to promises as reported, and Admiral McCann is instructed to be on guard against such a breach of faith. 260 RELATIONS WITH CHILE. Mr. Traqy {o Bear-Admiral McCann, 'S.KYY Department, Washington, May 31, 1891. Mr. Tra6y advised Admiral McCann at Iqnique that the question of a recognition of the belligerent rights of the iasurgents may arise at any time and directs him to report all information bearing on this question. The American consul at Acapulco reports that officers of the Esmeralda! say that the Itata trouble is settled. Bear-Admiral McOann to Mr. Tracy. [Telegram.] 'IQUIQUE, ilfai/22,1891. Admital McOann acknowledges receipt of the Department's telegram of May 20, and that its tenor is understood. He states that he Jias sent no communication written or verbal to the insurgents, that he has not recognized them as invested with the rights of belligerents or as a gov- ernment, and that he has maintained the striptest impartiality. The insurgents promise tiiaJt if the Itata comes within their control she will be ordered to Iquique, but that she will probably be in convoy of the Esmeralda. Bear-Admiral McGamn to Mr. Tracy. [Telegram.] Iquique, May 22, 1891. Admiral McCann reports receipt of the Department's telegram of May 22. He states that he is informed by the insurgent authorities that their agents in Paris are not authorized to say that the Itata only will be surrendered : that all fortified ports under their control have been notified that if the Itata torches at any of them that she is to come to Iquique without landing an article of any kind, and that if there is any danger of the Itata being captured by Chilean Govern- ment vessels they will request him to convoy her to Iquique. He be- lieves that the insurgents are acting in good faith. Pensaoola starts for Arica to-morrow. Mr. Tracy to Bear-Admiral McOann. [Telegram.] Navy Depaetment, Washington, May 23, 1891, Mr. Tracy informs Admiral McCann, at Iquique, that the telegram about nonrecognition of insurgents was merely cautionary, and that his action so far is fally approved. NAVAL COEEESPONDEXCE. 261 . Bear-Admiral MoGann to Mr. Tracy. ^ U. S. S. Baltimobe, Iquiqm, Chile, May 25, 1891. SiK: Iliaveto report to the Department that, upon the receipt of its telegraphic iustructions of the 11th instant, relating to the Itath affair, I telegraphed to Oapt. Kautz, at Talcahuano, to return with the Pen- sacola to Valparaiso, coal ship, and to foUow me with all possible dis- patch to Iquique. ^ Arriving at Iquique on the forenoon of the 16'th instant, I was in- formed by Eear- Admiral Brown, on board the San Francisco, that he was in communication with the insurgent leaders at this port, and that Oapt. Montt and Senor Errazuriz had expressed the deepest regret at the violation of the neutrality laws by the officer commanding the steamer Itata while in the port of San Diego, Cal., and that they had made an agreement for the settlement of the dififtculty on the basis of the return at once of both the vessel and the arms to the custody of the TJnited States marshal at San Diego. These facts were reported by telegraph when I received further instructions relating to the move- ments of the Charleston and the Esmeralda, and to the arrest of the steamer Itata. Admiral Brown read me all the correspondence relating to this affair, and also handed me the Department's orders of March 26 directing him to relieve me of the command of that part of the Pacific station south of Guayaquil, and that I should return to Montevideo in the Pensacola and resume command of the South Atlantic station. These instruc- tions, however, were modified by the Department's order of the 17th instant, placing the Charleston temporarily under my orders and direct- ing me not to leave the waters of northern Chile with the Pensacola until the return of the Itata had been definitely assured. On the 19th May, in company with Admiral Brown, I called infor- mally upon the insurgent leaders, Capt. Montt and Senor Errazuriz. The latter I found much agitated and perplexed at the situation of affairs, and expressing the greatest anxiety to comply with the de- mand of the United States Government for the return of the Itata and arms to the possession of the United States marshal at San Diego. He exhibited copies of his telegrams to the captain of the Esmeralda and to their agent, Mr. Trumbull, informing them of their desire to surren- der the vessel and arms and directing them to comply with the demand ; also the copy of a telegram to him (Senor Errazuriz), saying that the President of Mexico had declined to permit the captain of the Esmeralda to receive or send over Government lines any telegrams while in a Mex- ican port. Furthermore, that a supply of coal should not be furnished that vessel, but only such supplies (provisions) as humanity demanded. The result of these decisions of the Mexican Government was to de- feat, for the time, my efforts to ascertain the whereabouts of the Itata, so that orders might reach the commander of that vessel and thus effect her surrender without coming to this coast. She had sailed from San Diego on the 6th, or, as Mr. Trumbull telegraphed to the authorities here, "Itata sailed with arms. May 8th," presumably for the rendezvous, where she would be joined by the Esmeralda and convoyed to Iquique. These facts were duly communicated to the Department by cable, All the Department's instructions relating to this matter, received between the dates of the 17th and 25th of May, have been understood and an- swered. There have been no military or naval operations of importance in the 262 EELATIONS WITH CHILE. nortlieria'proviiices recently. Admiral Hotham, who keeps liimself well informed concerning events by Ms cruisers moving up and down the coast, writing from Coquimbo on the 13th instant, informed me that all the revolutionary squadron had gone north Irom Caldera, and that only 700 or 800 men were left to garrison Caldera and Copiapo; that the Huascar had grounded in Caldera Bay during the night, but had suc- ceeded in in getting afloat again. Since the loss of the Blanco Lnca- lada most of the insurgent forces are concentrating about the nitrate ports. There is little or no probability of a demonstration by water against Valparaiso or other southern port by the revolutionary fleet, as I have previously reported to the Department, but on the contrary, the Gov- ernment torpedo cTuisets Almirante Lyneh and Almiramte Condell and the armed transport Imperial keep the insurgent vessels in motion and the nitrate ports in a constant state of alarm by threatening attacks. Early on the morning of the 17th of May, the Condell appeared off this port, overhauled a vessel in the offlng, and cruised about for some time, when the AlmiranU Cochrane^ which had returned to the anchor- age, after cruising outside all night, got up steam, and went in pursuit, soon after which the Condell appeared off Pisagua, wKere two gunboats also joined in the pursuit. Again, on the 19th, the Imperial appeared off this port just before dark and opened a rapid fire. The object of the firing could not be dis- covered, as no other vessels were in sight in the offtng. The Cochrane and the gunboat O^Higgins stood out towards the Imperial, after which firing was again heard until a late hour, but with what results could not be learned. Just before these vessels went in pursuit of the Irn- perial, about 6:15 p. m., one of their torpedo launches between the O' Rig- gins and this .ship, but nearer the former, was accidentally blown up ' by its own torpedo and sank immediately, drowning two and mortally wounding four of her crew of eight men. One of the dead bodies was brought alongside of the Baltimore in a gig and was soon after sent on shore. The Condell attacked Taltal on the 21st, burning the Government building and the custom-house; on the 25th the Cochrane, Magellanes, Amazonas, and a small collier left Iquique and stood to the southward, to protect that locality. The speed of the Condell and Imperial is such that they easily elude pursuit and may turn up most unexpectedly at any port. The Pensacola arrived at Iquique on the morning of the 20th of May, four days from Valparaiso, and on l^he 22d she was ordered to coal and proceed to Arica. Instructions were given to Captain Kautz for his guidance in the event of the Itata arriving at that port; also orders to place himself in communication with Captain Eemey when he arrived in that pi>rt with the Charleston. Both the Chilean Government and the insurgent vessels are visiting and searching neutral vessels plying on the coast. Lieut. Commander Hanford, who was a passenger on the P. S. N. steamer Puno, writing • from Ilo, Peru, on the 6th of May, states that the steamer, while 70 miles south of Ilo, fell in with the Imperial, which pursued the Puno, fired three shots, and compelled her to heave-to, when she was visited by a commander and sublieutenant of the Navy and two Army ofilcers. The cabin passengers were called to tlie saloon and their passports examined and the ship searched for stowaways. The object of these visits appears to be to prevent the escape of political refugees, and also to prevent vessels going to Iquique with provisions, arms, etc. NAVAL CORRESPONDENCE. . 263 In conclusion, I beg leave to state that the ^accounts of military and naval operations published in the American and English journals, are in the main either sensational, gross exaggerations, or false. Very respectfaUy, W. P. McOann, ' Rear-Admiral, U. 8. Navy. Bear-Admiral McCann to Mr. Tracy. [Telegram.] IQTJIQTJE, Mag 27^ 1891. Admiral McCann reports that on the 26th, in the course of conversa- tion mth the insurgent authorities, he had suggested a proposal for a truce extending beyond the term of Mr. Balmaceda, and thereafter negotiations for peace could be resumed. He states that the insurgejit authorities thanked him for the suggestion, and to-day authorized him to ask the Grovemment of the United States to direct the Minister Plenipotentiary of the United States at Santiago to suggest to the Balmaceda Government and the Congressional party at Iquique a truce of four months, which would give mediators an opportunity to reopen negotiations for peace. The insurgent authorities do not wish it to be understood that this suggestion comes from them, as it might be taken as an evidence of weakness. ,Capt. Bemey to Mr. Tracy. [Telegram.] CALLAO, May 37, 1891. Capt. Eemey reports his arrival at Callao and that the Itata's move- ments are unknown. After coaling he will proceed to Arica. He ac- knowledges receipt of telegram of the 22d instant. Mr. Tracy to Bear-Admiral McCann. [Telegram.] Navy Department, Washington, May 27, 1891. Mr. Tracy informs Admiral McCann at Iquique of the arrival of the Charleston at Callao on the 27th instant^ and that after coaling she will go to Arica, and that orders have been issued to the commander of the Charleston to report to him for duty. 264 RELATIONS WITH CHILE. Bear-Admiral McCannto Mr. Tracy. [Telfigram.] IQUIQUE, May 29, 1891. Admiral McOann reports that he is informed by the authorities at Iquique that the Esmeralda having coaled has left Acapulco, and that she has the arms from the Itata; also that Bolivia has recognized the "belligerent rights of the insurgents. Mr. Tracy to Rea/r- Admiral McCann. [Telegram.] Kavy Department, Washingtpn, May 29, 1891. The Department inquires of Admiral McGann at Iquique if the Es- meralda has orders to surrender the arms, and if so, where, and that the Esmeralda's ofllcers report the Itata having gone to Melbourne. Mr. Tracy to Bear-Admiral McCann. [Telegram.] Favt Depabtment, Washington, May 29, 1891. Mr. Tracy instructs Admiral McCann at Iquicfue that the Itata must be returned to San Diego with the arms and munitions of war as re- ceived from the Bobert a/nd Minnie, and assumes and expects from his reports that this will be done. If there is any reason to expect that it will not be done he is to report at once. Bear-Admiral McOann to Mr. Tracy. [Telegram.] IQUIQUH, May 31, 1891. Admiral McCann reports that the commander of the Esmeralda has orders to surrender the arms received from the Itata or schooner, and that this order will be repeated, and that not an article wiU be landed until arrangements are made for their surrender at San Diego. If the Itata has gone to Melbourne as reported, she will be ordered back to San Diego. Cocos Islands, North Pacific, have been suggested by the authorities here as a rendezvous for the two vessels. NAVAL CORRESPONDENCE. 265 Bear-Admiral McCann to Mr, Tracy. [Telegram.] Iquique, June 1, 1891. Admiral McOann reports tliat a telegram of May 30 has been received by the in&urgent authorities here annouhcing the arrival of the Esmer- alda at San Jos6 de Guatemala, and that an order had )ie&a. sent to her commander that the cargo taken by the Itata from the schooner must be returned to San Diego and in the Itata as agreed upon. Also that a telegram supposed to be from the commander of the Itata has been received to the effect that he had communicated with the Esmer^ alda and requesting an answer at Panama. Orders have been sent to agent at Panama to detain both vessels until further in,structions. Mr. Tracy to Bear-Admiral MeGg,nn. [Telegram.] Navy Department, ^ Washington, June 2, 1891. Mr. Tracy suggests to A(ipairal MoCann at Iquique to send the Charleston to Panama to convoy the Itata to San Diego, unless there are reasons to the contrary, and instructs him to report at once the ar- rangements for her delivery. Mr. Tracy to Bear-Admfiral McCamt. [Telegram.] IS'AVY Department, Washington, June 3, 1891. Mr. Tracy advises Admiral McCann, at Iquique, that the Depart- ment's telegram of the 2d instant is not intended to intefere with his decision as to the Charlesti)n. Mr. Tracy to Bear-Admiral McGa/nn. [Telegram.] ZsTavy Department, Washington, June 3, 1891. The Department expresses its great satisfaction to Admiral McCann, at Iquique, of the assurances received of the surrender of the Itata with munitions of war. The continuance of the troubles in Chile is greatly deplored, and the suggestions in telegram of May 27 are being carefiilly considered, and as soon as a decision has been reached Admiral McCann will be informed. 266 RELATIONS WITH CHILE. Bear-Admiral McCann to Mr. Tracy. [Telegram.] ^ , ^o/,^ IQTJIQUE, June 4, 1891. The Itata arrived at Iquique, Chile, from Tocopilla last night, and was placed at my disposition this morning. She has aboard 5,000 rifles and ammunition taken from the Robert and Minnie at the port of San Diego, Cal.* She has no other arms except those belonging to the ship, and transfetred none to the Esmeralda. Communicated with her off Acapuloo, Mexico. Came direct to Tocopilla. Will report when arrange- ments are completed for her return. Charleston arrived to-day. Pen- saeola is expected to arrive to-day. Bear-Admiral McCann to Mr. Tracy. [Telegram.] IQUIQUB, June 5, 1891. Admiral McCann reports that since the dispatch of Mr. Errazuriz to the Secretary of State of June 5, he has accepted the proofs that the arms were received by the Itata at San Clemente Island and that the arms will go with the ship to San Diego. Mr. Tra£y to Bear-Admiral McCann. [Telegram.] Navy Department, Washington, June 8, 1S91. Mr. Tracy acknowledges the receipt of the telegram of June 5, and instructs Admiral McCann at Iquique that the arms must go with the Itata to San Diego, otherwise the court would not have jurisdiction. Beal-Admiral McCann to Mr. Tracy. [Telegram.] Iquique, June 9, 1891. Admiral McCann reports that the Itata will start for San Diego in six days and that the arms will go with the ship ; her machinery is under repair. Bear-Admiral McCann to Mr. Tracy. ^ U. S. S. Baltimore, Iquique, Chile, 13th June, 1891. Sir: I have to inform the Department that on the 6th instant I re- ceived a communication from the Hon. Patrick Egan, envoy extraordi- nary and minister plenipotentiary of the United States at Santiago, * Corrected by telegram of June 5 to read " San Clemente Island, North Pacific," instead of San Diego, Cal. NAVAL COREESPONDENCE. 267 Chile, dated 2d June, relating to the reopening of negotiations for peace and the suggestions for a truce between the insurgents and the Chilean Government; also requesting me to endeavor to obtain from the insur- gent authorities some definite propositions which may serve as a basis for negotiations. . This request I complied with immediately, and on the 10th received a declaration, the translation of which is herewith inclosed.* This declaration I am requested by the Junta to transmit to the Department of State at Washington, in reply to its friendly question as to their opinions of the means necessary to terminate the present conflict. I have to regret that in my note to Senor Errazuriz I incautiously quoted too freely from Mr, Egan's letter to me, especially that part in which he expresses the opinion that " the Govei*nment at Santiago can not be disturbed." The consequences of this inadvertence on my part will be observed in the declaration of Senor Errazuriz. A copy of the declaration has been transmitted to Mr. Egan. Very i-espectfiilly, W. P. McCann, Bear-Admiral, U. S. Navy. Rear -Admiral McCann to Mr. Tracy. U. S. S. Baltiieobb, Iquique, Chile, June 13, 1891. SiE : Confirming my telegram of the 4th instant, I have to report to the Department that the Chilean insurgent transport Itata arrived at Iquique from the port of Tocopilla on the night of June 3, and on the • following morning Captain Montt, the recognized chief of the insur- gents, sent an aid on board the Baltimore to say that the Itata was placed at my disposition. Hearing from Senor Errazuriz of the arri- val of this vessel at Tocopilla the previous evening and that she was ordered to come immediately to this port, I ordered the Charles- ton from Arica to Iquique; she arrived on the morning of the 4fch. I also recalled the Pensacola from Arica, and she arrived on the fore- noon of the 5th. On the previous day, however, I directed Capt. Schley to go on board the transport, ascertain from what port she had sailed, the character of her cargo, present condition, etc. He returned with the information that the Itata had sailed from San Diego, Cal., on May 6, communicated with the insurgent cruiser Esmeralda off Acapulco, Mexico, but had not transferred any arms or ammunition to that vessel. Did not touch anywhere until her arrival at Tocopilla on June %. Her military commandant is Miguel Tejeda, capitan de corbeta, and her sailing master Peter Mannsen. She has on board 5,000 stand of arms — Eemington and Lee-Magazine rifles, and about 2,000,000 cartridges obtained in the United States. The ship steams only about seven knots an hour (in consequence of the bad con- dition of engines and boilers), consuming 30 tons of coal per day. Her captain stated that her shaft is much out of line and that he has but lit- tle coal remaining. It was subsequently learned from her officers and crew that the arms and munitions she had on board were transshipped from the schooner Bobert and Minnie at the southeast anchorage of the island of San Olemente. * For inclosure, see correspondence Bepartment of State. 268 RELATIONS WITH CHILE. Lieut. Dunn was directed to ascertain tlie number of arms and amount of ammunition on board tbe transport. A copy of Ms report, marked A, is herewith inclosed. Chief Engineer Eobert Potts and Passed Assist- ant Engineer Howell inspected the machinery and boilers of the Itata, and reported them in unserviceable condition, and estimated that six ■days' work would be required to make the necessary repairs to fit her for sea. Capt. Tejeda came on board and reported that his engineer estimated that twenty days' work would be required to repair the machinery, and that the engineers of Iquique estimated the time for the same work at twenty-five days. Passed Assistant Engineer HoUis thought the ship could be made ready for sea in six days. There was evidently an inten- tion on the*part of the Itata^a engineers and those on shore to delay the repairs. I thereupon called on Senor Brrazuriz to ascertaia if orders had been or would be given to prepare the ship for sea as expe- ditiously as practicable, as the unfriendly and bitter feeling of the insurgents had been excited in consequence of the agreement to sur- render the arms and ammunition. Senor Errazuriz also desired further delay, stating that the agree- ment was to surrender ^nly the arms that were snipped at San Diego, and that those on board the Itata were transshipped from the schooner to that vessel on the high seas, 40 miles from land, and that he would telegraph to Mr. Blaine to reconsider the hardship of the situation, etc. I then addressed a letter to Senor Errazuriz, in which I stated that — In compliance with the request contained in your note of the 4th instant, I have ■sent an officer on board the transport Itata to investigate the circumstances attend- ing the transshipment of arms and munitions from, the schooner Robert and Minnie to the transport Itata. The result of this inquiry was to the effect that the transshipment of arms did not take place at San Diego, Cal., but at the southeast anchorage of the island of San Clemente, one of the group of the Santa Barbara islands, within the territory of the United States. This fact is well known to the authorities at Washington. I have no authority to discuss the international aspect of this question, but I beg to observe that the act of the Itata in procuring arms, etc., in waters under the jurisdiction of the United States leaves no doubt whatever of the violation of laws ■of neutrality by that vessel. Senor Errazuriz replied that he had nothing further to say and that orders would be given to Capt. Tejeda to prepare the ship for sea. On the 8th June I addressed the following letter to Senor Errazuriz, viz: I beg leave to inform you that Commander Tejeda not having called on me to make the arrangements for the repairs to the machinery of the transport Itata, as I was lead to believe he would from Admiral Brown's interview with yourself, I have therefore directed that an engineer force be sent on board, in charge of Past Assistant Engineer HoUis, for the purpose of facilitating the work. This officer having reported that the necessary repairs Vill be completed by the 13th instant, I would most respectfully request that instructions may be issued to provide the crew and sufficient fuel and stores by that date to properly fit the vessel for the voyage to and from the port of San Diego, Cal. As requested, I will detail one of the vessels under my command to convoy the transport to a safe distance from the coast of ChUe, to prevent molestation by the ■enemy's cruisers. Believing that the legal proceedings of the United States district court in this •case will occupy but a short time and th&t it is in accordance with the agreement, I request that the Itata'a proper officers. Commander Miguel Tejeda and SaUing Master Peter Mannsen, return with the transport. This will much facilitate the examination by the court, and, I trust, speedily terminate a most unfortunate inci- dent. Capt. Tejeda then came on board with a message from Senor Erra- zuriz, protesting that they were acting in good faith in this matter NAVAL CORRESPONDENCE. 26^ and requesting that I "soften tlie tone of the note" about sending the engineer force to the Itata, and that Capt. Tejeda had not called, etc. Complying with his request, I addressed him the following note: Referring to my letter of the 8th instant, in which I had the honor to state that Capt. Tejeda, not having called to make arrangements for the repairs to the ma- chimery of the transport Itata, as I was led to believe he would.from Admiral Brown's- interview with yourself, I beg to state that after my note was written I learned from Cwt. Schley that Capt. Tejeda had called upon that business previous to the time- referred to without my knowledge. I have full confidence in Capt. Tej eda's desire to carry out your wishes in the matter. An engineer's force was then detailed from the San Francisco and Baltimore under the direction of Passed Assistant Engineer HoUis who re- paired the machinery and boilersi of the Itata. The authorities here had the ship coaled and provisioned and other- wise fitted for sea, and it was decided that she should sail under convoy of the Charleston at 8 p. m. Saturday, the 13th. I directed Capt. Eemey to place a number of of&cers and men from his vessel on board the transport for the purpose of assisting him to pro- tect that vessel and to keep up communication with the Charleston while at sea. A copy of Capt. Eemey's orders is herewith inclosed. I take great pleasure in bringing to the favorable notice of the De- partment the work done by Passed Assistant Engineer Ira N. HoULs in connection with the Itata. Having volunteered to do the work, he was- untiring in his efforts to complete it, working late at night, and finally finishing everything before the time thought possible by the engineers who had inspected the vessel. Associated with him, and also deserving fall credit for a similar spirit shown by them, were Assistant Engineers G. R. Salisbilry and W. W. Bush. To these three gentlemen is due the credit that the vessel was prepared for sea without delay. In conclusion, it gives me much pleasure to Say that Eear- Admiral Brown and myself have been in consultation and acting in entire har- mony in our efforts to accomplish the Department's wishes in returning the Itata and arms to San Diego. Very respectfaUy, W. P. McCann, Bear-Admiral, U. 8. Wavy. U. S. S. Baltimore, Iquique, Chile, June 10, 1891. ' Capt. George C. Remey, V. S. Navy, Commanding TT. S. 3. Charleston: SiK : Upon the completion of the repairs to the Chilean transport Itata, and when she has her fuel and stores on board, yoa will please convoy her with the U. S. S. Charleeton to the port of San Diego, Cal., where you will deliver her to the custody of the United States district court. You will place a suflfioient numbipr of officers and enlisted men of the Charleston on board the Itata to insure her safety, to look after the cargo, and to maintain com- munication between the two vessels while at sea. I would suggest that a rendezvous be agreed upon with her commander in the event of being separated by thick or foggy weather. Prevent, with ferce if necessary, any molestation or interference with the Itata, either by the enemy's cruisers or insurgent vessels. You are aware of the circumstances under which the Itata fled from the port of Sanp Diego after having dispossessed the United States marshal who had seized her for violation of neutrality laws, and of the subsequent taking on board arms and ammu- nition from the schooner Mobert and Minnie at the southeast anchorage at the isl- and of San Clemente. In accordance with an agreement "had with the insurgent authorities at Iquique the vessel was placed at my disposition on the 3d instant for the purpose of returniag her to the jurisdiction of the United States court. 270 RELATIONS WITH CHILE. In touching at foreign ports for fuel or supplies, as you may decide, endeavor to avoid complications with the authorities in conseq^uence of the Itata being under the Chilean flag. Cominunicate with the Department by telegraph, from any intermediate ports at which you may call, and upon arrival at San Diego report to the Department and await further instructions. Capt. Miguel Tejeda, of the Chilean navy, military commandant, and Peter Mann- sen, sailing master, are directed to return in the vessel. There are 5,000 stand of arms, Lee magazines and Remington rifles, and about 2,000,000 cartridges on board. _ . I shall rely entirely upon your good judgment and discretion in carrying out the views of the Department in the execution of the above orders. Very respectfully, W. P. McCa:.k, Bear-Admiral, U. S. Navy. [Inolosure.] U. S. S. Baltimore, Iquique, Chile, June 5, 1891. Sir: I have the honor to report that in obedience to orders I inspected the Itata on the 4th instant, and found arms and ammunition on board of her as hereinafter described. On the main cargo deck abaft the hatches are stowed 2,000 cases of rifle ammunition, .43 caliber, each case containing 1,000 rounds, making in all 2,000,000 rounds. On the outside top of each case is marked — [ U. M. C. 1000 433 11 m'm. C. F. No. Inside the cases the cartridges are packed in paper boxes of 20 each, marked on top — U. M. C. ., Central fire military cartridges, .43 Spanish. Union Metallic Cartridge Co., Bridgeport, Conn., U. S. A. Immediately abaft the ammunition are stowed the arms, of which there are two kinds, packed in cases of 20 each. One kind is marked on top of each case — Remington Arms Company, 10 Maiden Lane, New York. G. A. B. CAL. On ei}d of each case is marked : Spanish Model. Angular Bayonets. Remington Svstem. Cal. 11 mil. Met. Cartridge. The second kind is marked on top of each case : G. A. B. CAL. On each end of case is marked : Lee Magazine Rifle. N. B. Cal. 11 mil. Met. Cartridge. As near as I could count there were 250 cases of arms, 20 in each case, m aking a total of 5,000 arms. The arms were all stowed neatly and securely in the cases with their apporte- nauces, and In good condition. The remainder of the cargo, deck and hold, showed evidence of having been filled with coal. Very respectfully, etc., H. O. Dunn, Lieutenant, XJ. 8. Navy. NAVAL CORRESPONDENCE. 271 Bear-Admiral McCann to Mr. Tracy. [Telegram.] iQtriQTJB, June 14, 1891. Admiral McCann reports that tlie Charleston left on the 13th for San Diego, convoying the Itata, and that they may be expected at Acapulco in about two weeks. Bear- Admiral McOann to Mr. Tracy. [Telegram.] Iquiqxie, June 14, 1891. Admiral McGann reports that he has been requested by Mr. Egan to obtain from the Congressional leaders at Iquique some concrete proposition which would serve as a basis for negotiations for peace, under instructions from the Secretary of State that the President desired to ascertain if the good oflBces of our Government could be employed to terminate the conmct in Chile,, and that Mr. Egan believed that the best way is to negotiate directly with the leaders of the opposition at the north. In accordance with these instructions, overtures were made on June 10, and an answer was received from the opposition t6 the effect that they would gladly accept the intervention of the United States and woidd listen with interest and courtesy to any pacific proposition from Mr. Balmaceda. The Junta request that this declaration may be transmitted to the Secretary of SJate. A copy has been forwarded by the Charleston, as also one to Mr. Egan at Santiago, Bear-Admiral McCann to Mr. Tracy. [Telegram.] Iquiqxje, June 15, 1891. Admiral McOann considers that it is advisable to withdraw the United States vessels from Iquique, and that no interests wiU be thereby endangered, Admiral Brown concurring. He reports that he wiU sail for CaUao on June 18, and the Sam, Francisco will visit northern Chilean ports unless orders are received to the contrary. Bear Admiral McCann to Mr, Tracy. U. S. S. Baltimore, Callao, Peru, June 22, 1891. Sir: As previously reported by telegraph to the Department, the Baltimore arrived at this port on the forenoon of the 20th, two days from Iquique. Passing into the bay we found the Chilean cruiser Esmeralda in the outer road of GaUao; she was standing back and forth under easy steam, and on our approach saluted my flag, and soon afterward disap- peared to the southward. She sailed from Panama on the 11th, arrived 272 RELATIONS WITH CHILE. at tlie Lobos Islands on the 16th, when she drove away the vessels waiting for guano, blew up the mole, destroyed the shipping gear, cap- tured the crews of several vessels, and seized the Government steam tender Suelmul, which she sent with a prize crew to Oallao. The Esmeralda arrived at this port on the morning of the 18th, when the Peruvian authorities notified her commander that she must leave within twenty-four hours. The commander claimed, however, that she required coal and provisions. She received rations for 250 men and two head of beef, but no coal, and then left the harbor. It was stated that the captain, Silva Palma, requested permission to dock his vessel at Oallao, and that the request was not granted. Since the occupation ot Caldera and Copiapo, on the 21st April, by the insurgent forces, no military movement of importance has occurred either in Atacama or in the southern provinces. In fact the outlook for the opposition party, at the time of our leaving the coast, was not en- couraging, an aggressive movement on their part being highly improb- able in consequence of their possessing an inadequate naval force. Their army, however, has been increased to about 5,000 or 6,000 men, and is gradually being better armed and equipped than formerly. On the other hand, the Government army, much superior in numbers to that of the insurgents, appears to be equally powerless for offensive operations in the northern provinces, for the want of a cooperating naval force and transportation. In addition to these difficulties, the great distance separating the belligerents and an absence of military leaders of ability on either side bids fair to prolong the revolution indefinitely. Eeferring to my telegram of the 15th, in which the withdrawal of our vessels from Iquique was suggested, I would add that the afi"air of sending the arms with the Itata very naturally had excited an unfriendly feeling against our Government and people on the part of the insur- gents and their sympathizers, as they regarded that act as humiliating. It was in deference to this sentiment, and at the request of Senor Er- razuriz, that the Charleston and the Itata were ordered to take their departure at night and not by daylight. Besides, there had been com- plaints on the part of the Government naval officers that tihe presence of our ships in front of Iquique had interfered with military operations. There was probably some groiuid for this complaint, as on the occa- sion of the demonstration, by the torpedo cruisers Lynch and Condell and the transport Imperial, on the afternoon of Apnl 2, the Huascar and Abtao, in standing out to attack the Condell, for a time kept be- tween that vessel and our line of ships, when a few of her shots fell between the Abtao and the Baltimore. I did not, however, consider this engagement, at a ridiculously long range, would have led to a bombardment of the towi^, or I would have promptly interposed one of the cruisers until due notice of their inten- tion had been given. On the following day the Cochrane, Magellanes, and transport* Amthe southern district of California has been directed to libel, and the Department is inforilied has libeled, the Itata. 'Kou will turn that ves- sel over to the marshal as soon as he is prepared to take possession of her by virtue of process of the court. F. M. Eamsat, Aeiing Seoretary of the Navy. In reply sent the following telegram : Department's telegram of this date anticipated. Without further Instrnctions, if called upon by mardial for assistance, will act. Eemey, Commanding. The United States marshal took possession of the Itata on the 8th instant, and on that date Ensign Churchill, my only representative on^ board at that ddte, was withdrawn. Very respectftdly, Geo. C. Eemet, Ga/ptain, TJ, 8. Ifavy. Bear-Admiral McCann to Gapt. Schley, \ Flagship Baltimore, Gallao, Peril, lltJiJuly, 1891. Sir: Inclosed you will find a copy of a letter received from Mr. Q. H. Baker, superintendent, of the Central and South American Tele- graph Company. After my departure for the United States you will please take such steps to protect the cable company's steamer Belay and to guard the interests of the cable company as the circumstances may demand. Very respectfully, ■ W. P. MoCann, Bear-Admiral, U. S. Navy, 276 RELATIONS WITH CHILE. The Centkal and South American Telegraph Company, Barranco, July 10, 1891. Eear-Admiral McCann, U. S. S. Baltimore, Callao: Sir : I have the honor to inform you that about the end of January last this com- pany'^ new cable between ChorriUos and Valparaiso was successfnlly laid, but owing to the revolutionary troubles has not been permitted to be opened to the public beyond Iquique. On numerous occasions we have requested the authorities of Iquique to allow the opening of the southern portion of the cable, or permit us to join the northern and southern sections in the hut at Cavancha Bay, under their own lock an.d seal, or guard, the Iquique authorities as well as ourselves relying on the West Coast oif America Telegraph Company for telegraphic communication with Iquique. Up to the present date we have been unable to obtain any decisive answer regard- ing our requests, and in consequence we propose to dispatch our cable steamer Belay on Tuesday next (providing permission to join the cables at Ignique is not obtained before that date) for the purpose of cutting our cables off Iquique in the free sea, or outside the S-mile limit, joining the two ends and establishing through commanica- tion between Valparaiso and ChorriUos. In view of the possibility of our work being molested, I am directed by the Gov- ernment of Washington, through my President, to inform you of any interference that may take place during cable operations outside of territorial waters, and I presume that you have had direct communication from the Government at Washing- ton on the subject. This is our present situation, which I am directed by my President to acquaint you of. I am, sir, etc., • C. H. Bakek. Rear-Admiral McCann to Mr. Tracy. [Telegiam.] CALLAO, July 14, 1891. (Keceived July 15.) Have transferred command to Brown and will leave for New York via Panama. Bear-Admiral McCann to Mr. Tracy. Flagship Baxtimore, Callao, Peru, July 14, 1891. (Eeceived August 5.) Sir : I have to inform the Department that, in obedience to tele- graphic instructions, I have turned over the command of the Pacific station south of Guayaquil to Eear-Admiral George Brown, and on the 14th July, 1891, hauled down my flag on board the Baltimore and took passage in the C. S. A. V. steamer Lautaro for Panama, en route to the South Atlantic station, via New York. On the 10th July I received a letter from Mr. 0. H. Baker, superin- tendent of the Central and South American Telegraph Company, re- lating to the interdiction, by the insurgent authorities at Iquique, of the useDf the southern section of the Central and South American Telegraph Company's cable from Iquique to Valparaiso, and informing me that he had been authorized by the president of the company to cut the cable outside the 3-mile limit off Iquique, and to connect the northern and southern sections, unless the authorities at Iquique would allow the joining of the two sections and the transmission of messages under a ce^orship. Inasmuch as I had received no special instructions from the Depart- ment relating to this affair, I invited Mr. Baker to come on board and NAVAl, CORRESPONBENCE. ^ 277 confer witli me on the subject, and on Sunday, the l?th of July, after we had talked the matter over, a telegram was sent to the United States consul at Iquique, Mr. J. W. Merriam, to lay the matter officially before the insurgent authorities. Copies of the' letters and telegram referred to are inclosed. Capt. Schley has been directed to take such steps to protect the Central and South American Telegraph Company's steamer Belay and to guard the interests of the cable company as the circumstances may d«mand. Th.e>\Baltimore will touch at Iquique on the way south. A ftdl copy of the correspondence and telegrams has been furnished Ad- miral Brown in order that he may be fuUy informed in the matter. In case the insurgent authorities at Iquique decline to allow the two sec- tions to be joined the cable company requests protection for their steamer Belay from any possible interference while making the connec- tion between the northern and southern sections in extraterritorial waters outside the 3-mile limit. ' Very respectfully, W. P. MoOann, , Bear-Admiral, U. 8. Navy. , ■ Bear-Admiral MeCann to Mr. Baker. Flagship Baltimore, Callao, Peru, July 11, 1891. Sir : I have tlie Iionor to aokuowledge the receipt of your letter of the 10th instant, referring to the proposed joining of the northern and southern portions of the cable off Iquique and outside the 3-mile limit. / ' In view of my immediate return to the United States I will not be able to ^ve my personal attention to the guarding of the Belay while joining the two portions referred to, but I will at once send a copy of your letter to Rear-Admiral Brown, who will succeed me in th6 command of this station on the 14th instant, and thus place the whole matter in his^hands. In the meantime Capt. W. S. Schley, commanding the U. S. S. Baltimore, has been instructed to protect the cable steamer Belay and to guard .the interests of the telegraph company. I haVe also furnished him with a copy of your letter. ' Very respectfully, W. P. McCastn, Bear-Admiral, U. S. Navy. Mr. Baker to Bear-Admiral McCann, , • The Central and South American Telbg^Ibaph Company, Barranca, Mly 11, 1891. Sir : Since writing you under yesterday's date, I have received the following telegram from Mr. Sorymser, president of this company: "Assuming Admiral McCann has received, instructions from Washington, ask him to confer 1)y cable also with consul, and, if possible, they officially arrange direct working by joining cables in hut under lock and guard. "Explain that cable via Lisbon is working well, consequently situation will be unchanged and international complications avoided." Referring to above message I beg to intimate my services are at your disposal. , With regaird to the line visk Lisbon, which is working well and without restric- tions, our cable being joined through the hut in Cavanoha Bay (having no connec- tion with Iquique) would place us in the same position as' the line across the Andes from Valparaiso to Buenos Ayres, there connecting with the east coast route to Europe. Your obedient servant, „ „ „ ' C. H. Baker. 278 , RELATIONS WITH CHILE. I Eewr-Admiral MoCann to Mr. Merriam. [Telegram.] Flagship Baltimore, Cadao, July IS, 1891. Mi. Msrbiam, U. 8. Consul, Iguique: ' _ Central and South Amerioiin Telegraph Company suflfering serious loss hy restrio" tion on southern section of line at Iqnique. It is important to open direct otom" munication with Valparaiso. Can you arrange with authorities for joining northern and southern sections of cables in hut at Cavanoha Bay, under lock and guard f If this can not he done it will be necessary to ipake the connection outside territorial Waters and open communication dii'eot from Chorrillos to Valparaiso. Present this officially to the authorities. Answer. Gapt. Schley to Mr. Tracy. [Telegram.] « Callao, JuVy 15, 1891. (Received July 15.) The Baltimore leaves to-day to^report to AdmiraLBrown. Eear-Admiral Brown to Mr. Traey. \ U, S. Flagship San Francisco, i Coquimbo, Chile, July 16, 1891. SiK : Since m/report of the Sdiinstant this ship has remained in this port. Since my arrival here I have received the most marked attention ' from the Governmentmilitaryauthorities. I have visited several camps and have witnessed the drills pf the majority of the troops in this vicinity. There are about 6,000 well-equipped and well-organized troops, con- sisting of all arms or the service, within a radius of 7 miles of Coquimbo. On the 7th instant there was a fight between the Government troops and those of the insurgents at VaUanar, in which not over, 300 men on each side were engaged! The result of this engagement can not be ascertained with any degree of accuracy, as the official reports of both sides are conflicting. It is known, however, that the Government force returned to Serena inimediately after the fight. Valjanar is inland from the port of Huasco and about 100 miles north of this place. It is positively known that the insurgents at Iquique have recently received about 15,000 staud of arms, some rapid-firing field pieces, and a great quantity of ammunition by their transport Maiopo. These mu- nitions of war, it is believed, were received by the transport from a Ger- man steamer at either the Falkland Islands or at some anchorage near Cape Horn. So far as men, arms, ammunition, and ships are concerned, the insur- gents are now prepared for a movement to the south, but it is my opin- ion that no movement is probable iintil the wiiiter,season is nearer at an end, because of the want of warm clothing for the troops. If, however, the report just received here to the effect that the^two ships about com- NAVAIi CORRESPONDENCE. 279 pleted in France liave been delivered to the Government officers is true, it will have the effect of hastening action on the part of the insurgents. I will go to Valparaiso in about a week, or sooner should my presence there be deemed important. Very respectftilly, Geo. Beown, Bear-Admiral, JT. 8. J\^. Bea/r-Admiral Brown to Mr. Tracy. U. S. Flagship San Francisco, Goquimbo, Chile, July 30, 1891. SiK : Since my report of the 16th instant I have obtained reliable information that the insurgent fotces have commenced a movement towards the south. They have landed about 4,000 troops at Huasco, about 100 miles north of this port. These troops have been sent inland, and are now at Vallanar. Another force has been brought from Iquique and Tacna, and is now at Caldera and Copiapo, and is being strengthened by volunteers from the mining region in the department of Oopiapo. This force is said to number not less than 5,000,men. About 2,000 troops are still in Iquique, Pisagua, and Antofagasta. The insurgent transports and vessels of war nowTnake their head- quarters at Caldera, and the coast between this port and Valparaiso is being patrolled by the insurgent ships, a vessel of war always being accompanied by an armed transport. , They appear off this port at fre- quent intervals. It is believed by the Government military officials here that the insurgents will make a landing in this immediate vicinity within the next two weeks, and that a battle will be fought which will decide the fate of the revolutionists. ' The Government forces in this department have, within the last two days, been reenforced by 1,600 infantry and 400 cavalry. These reen- forcement^ were landed at Los Vilos, about 70 miles north, of Val- paraiso, and marched overland. j The Government can now put in the field in this vicinity 7,500 men of all arms, well-officered, and thoroughly drilled and equipped. Eeen- forcements can reach them from the south by land in not less than twenty days' time, and by water in twenty hours were it not that the insurgent ships are on the alQrt to prevent communication by water. It is understood that the Government troops will withdraw from Se- rena, Goquimbo, and the coast line, so as to get out of the range of the guns of the insurgent ships. There are now in this port the French flagship Ghamplain, Eear- Ad- miral Perryon, and the gunboat Yolta; the German flagship Leipsig, Eear-Admiral Valois, .and the cruisers Alexandrine and Sophie; the English ships Champion, Melpomene, and Garnet; and the Baltimore and this vessel. I will keep both the Baltimore and this ship here for the present. Very respectfully, Geo. Bbown, Bear-Admiral, U. S. Navy. 280 RELATIONS WITH CHILE. Bear-Admiral Brown to Mr. Tracy. TJ. S. FLAesHip San Francisco, Valparaiso, Chile, August 19, 1891. SiE: My last report, was sent from Ooquimbo, Chile, which place I left on the 14th instant, arriving here on the following morning. Eeports from northern Chile are so conflicting that it is difficult to ascertain just how matters stand there. It is certain that the head- quarters of the insurgents, both civil and military, have been moved from Iquique to Caldera. The insurgent military and naval forces have been concentrated at Caldera, Copiapo, Huasco, and Vallenar. Their army is composed of 9,000 or 10,000 men, all armed with Mannlicher magazine rifles, is well supplied with ammunition, clothing, and pro- visions, and is in a condition for offensive movements. It is thought that the insurgents are, at this time, on their way south by sea, and that a landing wiU be made at either Quinteros or Concon to the north, or at San Antonio to the south of this. Within a week there should be some developments which wiU indicate positively what they intend doing. I am satisfied that no attempt wiU be made to land at Valparaiso, but I am not convinced that they will not yet land at or near Coquimbo. The Jlsmeralda was ofi:' this port yesterday and came close enough to be within the range of the guns on shore which fired at her several limes. The Esmeralda was not stoick, nor did she return the fire. There is intense excitement at Santiago and this place due to the expected arrival (Tf the insurgent squadron and transports, whose move- ments appear to be known to the numerous people whose sympathies are with them. During the last four dfjys attempts have been made to destroy the railroad bridges and tunnels between Santiago and this place, as well as on the roads leading south from Santiago. These acts of the opposi- tion, coupled with the excited condition of all on shore, indicate to my mind that the time of the arrival of the squadron and transports was fixed for about this date, and that it is no secret to many. The Governnlent officials seem to be confident of their ability to defeat the insurgents in the event of their landing at any point. Ten thousand men can be concentrated here in three hours, and in forty-eight hours, ^t least 10,000 more can arrive. The Government is thoroughly prepared for any military emergency and places great reliance upon the torpedo cruisers Gondel and I/ynch. and several Yarrow torpedo boats, should the squadron come near this port. For the present I will remain here. The Baltimore is at Coquimbo, but will join me if the insurgents come south of that place. I have been received very courteously by the authorities here, and the usual calls, civilities, and salutes have been exchanged. Very respectftdly, etc., Geo. Beown, Bear-Admiral, U. 8. UTam/. NAVAL CORRESPONDENCE. 281 Bear-Admiral Brown to Mr. Tracy. [Telegram.] Valparaiso, August 20, 1891. (Eeceived August 21.) Admiral Brown reports the landing of 8,000 men at Quinteros Bay^ 20 miles north of Valparaiso. The Government forces are concentrating to oppose any advance. Bear-Admiral Brown to Mi . Tracy, f [Telegram.] Valparaiso, August 29, 1891. Admiral Brown reports that Valparaiso was taken yesterday by the insurgents after a bloody engagement. The Government forces had the advantage of position, but were badly led and their troops were disaf- fected. The insurgCi t ships were not present and the forts not engaged. The torpedo boat Lynch, with three second-class torpedo boats, were captured by the insurgents. A guaranty for the protecfion of the lives and property of foreign subjects was demanded by the foreign admirals. One hundred of our sailors are at the consulate and many refugees are on board of our ships. The Provisional President is here and the Bal- maceda government can not possibly continue. Bear-Admiral Brown to Mr. Tracy. [Telegram.] Valparaiso, August 30, 1891. Admiral Brown reports that President Balmaceda has turned over the government to General Baquedano and has left Santiago; that Valparaiso is quiet and the foreign forces have ^returned to their ships. The Balmaceda government has completely collapsed. Bear-Admiral Brown to Mr. Tracy. XJ. S. Flagship San Francisco, Valparaiso, Chile, August 31, 1891. Sir : My cablegrams of the 29th and 30th instant wiU have informed you of the capture of the city of Valparaiso on the 28th instant by the Congressional (insurgent) forces, and of the subsequent complete col- lapse of the Balmaceda Government. . The Oongr.essional army, supported by all of their squadron of men- of-war, except'the HuMscar, lauded without opposition, on the 20th in- stant at Quinteros Bay, 18 miles north of Valparaiso. Having been informed by the Government authorities in this city that a landing had been effected, and having learned from experience to distrust the correctness of all such information given me as official^ I got under way in this ship, steamed up the coast, and entered Quin- 28^ RELATIONS WITH CHILE. teros Bay, saw for myself that a landing had been made from eight transports and Six men-of-war, and, without communicating with any of the ships, I returned to this place and cabled the result of my obser- vations to the Department. I also telegraphed to Capt, Schley, at Coquimbo, to proceed to Valparaiso with the Baltimore, with dispatch, and to look into Quinteros Bay en route. The Baltimore arrived here on the afternoon of the 21st instant, and reported that the Huascar and three additional transports were at Quinteros. I have since learned, from -reliable authority, that the Congressional force landed at Quinteros consisted of 9,500 men of all arms. They had 40 Krupp fleldpieces and 2 Gatling guns, and 400 cavalry. As they landed they immediately commenced their march southward, and by the evening they reached the north bank of the Aconcagua Eiver, which they occupied. The Government forces, consisting of 6,700 men of all arms, under the command of General Alzerreca, were moved from Valparaiso, and reached the south bank of the Aconcagua River by daylight of the morning of the 21st instant. On that morning the battle of the Aconca- gua was fought. The invading forces, crossed the river (by wading) covered by their artillery, while their right flank was covered by the fire from the guns of three of their men-of-war. The lighting took place south of the river, and between it and the foot of some liigh hills% The left flank of the Government forces occupied a position some dis- tance fiom the sea, and inland from Ooncon, to avoid getting within range of the fleet. The Congressionalists not only got on the left flank of the Government troops, but also got in their rear and on the hills above them. The slaughter must have been fearful, for, out of 6,700 Government troops engaged, only 1,000 men could be gotten together at the end of the stampede and rout which occurred. The Government lost thirty-seven pieces of artillery in this battle. The above figures are accurate, for they were given to me by Balma- ceda's minister of the interior and acting minister of war, who is now a refugee on board of the U. S. S. Baltimore. He had been sent here to conduct the military movements. It is not believed that the missing were all killed or wounded or captured, for it is well known that a great many of them deserted to the Congressionalists and fought in their ranks. At the end of this fight the city of Valparaiso was defended by but 50 J armed police, and could have been taken with ease by a small force. From' this time it was apparent that the Government ofiBcials here had no hopes of being able to defend the city, but no reliable information as to the actual condition of affairs at the front could be obtained by me, although on several occasions I was assured by the authorities that reenforcements had arrived from Santiago, and that their position was impregnable. I knew, however, that the Congressionalist army had advanced without opposition to a point to the southward of Valparaiso, and, on their march, had cut the railroad and all telegraph wires, thereby stopping all communication between here and Santiago. . Before this communication was interrupted, the defenses of Valparaiso were strengthened by reenforcements from Conception and Santiagd." Only unreliable information could be obtained from the front until the morning of the 28th instant, when at 7:30 heavy artillery and infantry firmg could be heard from the ship, in a southeasterly direction from • NAVAL CORRESPONDENCE. 283 the anoHorage, and back of the high range of hills which surrouM the bay. Anticipating an attack on the city at any inoment, I had ready to land at a moment's notice a force sufficiently strong to iilsure the protection of the United States Consulate and of the many women and children who had sought refage there. At about noon I landed one company of 36 marines, two companies of seamen, each 30 men strong (one company from the San Francisco and one from the Baltimore), and a corps of signalmen and nurses. Lieut. Commander B. F, Tilley was in command of the landing party, Oapt. "W. S. Muse, U. S. Ma.rine Corps, of the marines, and Lieuts. W. C. Babcock and Henry McOrea of the two companiies of seamen. Passed Assistant Surg. J. M. Edgar and Assistant Surg. E. E. Stitt acjcompanied the party. The landing party aggregated 9 officers ' and 102 men, a total of 111. At about 10 :30 a. m. of the 28th instant I received official notice from Vice- Admiral Oscar Viel, intendente of Valparaiso, that the Gov- ernment had lost the day, and that he was prepared to surrender the city unconditionally, and requested that the senior officers of the foreign naval forces present should go to the front, inform the commander-in- chief of the Congressional army of this fact, and make such arrange- ments as were possible for the safety and security of the lives and property of the foreign residents. ' In compliance with this request of Vice-Admiral Viel, I went ashore at 12 :30 p. m. and met, at the Intendencia, Bear-Admiral Perryon, of the French squadron; Bear- Admiral Valois, of the German squadron; and Capt. St. Clair, the senior present of the English squadron. We were each accompanied, by one aid and an orderly carrying oxir respective national flags. Wfcile preparing to go to the front we were informed that the bearer of a flag of truce was entering the city, so it was decided to await his arrival. The flag of truce reached the Government buildings at 1 :30 p. m., accompanied by a body of Government cavalry. A conference was at once "held and we received every assurance that all' we asked for would be granted as far as it was possible. Articles of capitidation were drawn up, but were signed only by the' representative of the Congressional party. As he signed the paper it was reported thjit the advance guard of the Congressionahsts were entering the plaza in front of the Government buildings. I accompanied the bearer of the flag of truce to the plaza, met the leader of the advance guard, Mr. Walker Martinez, Secretary of the Interior (of the Provisional Government), and escorted him into the building. Vice-Admiral Viel was called for, but it was found that during the confusion and excite- ment following the arrival of the Congressionalists aU Government officials had left the building, and that their whereabouts could not be ascertained. For this, reason the city was not surrendered,\but"was captured by the Congressionalists. From this time until late in the evening the victorious army were entering, the city and were everywhere, from the tops of the hills to the plaza, enthusiastically welcomed by all classes of the populace. The streets were crowded by thousands of people who had been in hiding for months, while from the windows of the houses Chilean flags were dis- played and flowers thrown to the troops. Half of the soldiers who came into the plaza carried bouquets which had been presented to them along their line of march. The evidences and expressions of joy and relief on the part of the citizens of Valparaiso was marked in every 284 RELATIONS WITH CHILE. • ' , feature and form of their demctastratious of welcome. This, however, was to be expected, as it was known that, taking out the people whO' -were in the pay and service of the Government, at least 90 per cent of the residents of Yalparaiso were in sympathy with the Oongression- alists. As I was returning to the ship, and reached the wharf, after passing^ through the densely crowded plaza, where at all points the United States ensign carried by the orderly was cheered, several rifle shots were fired fiom the shore at the torpedo cruiser Almirante Lynch, which was moored near the sea wall. The Lynch returned the fire by three shots from her rapid-firing battery. The crowd on shore immediately poured in a volley and the rifle fire became rapid and continuous, and so effective as to cause the officers and crew of the Lynch to abandon their ship in the boats and take refuge on one of the German men-of- war. The white flag was hoisted at her peak, the firing ceased, and the ship was taken possession of. On reaching my boat, and while get- ting away, many rifle balls passed over our heads. Many of the ves- sels, including this ship and the Baltimore, were struck by bullete, but fortunately no one on board was wounded. ■ The Government troops in the city threw away their arms and car- tridge belts, and changed their uniforms. As the streets were strewn with these articles they were picked up by the roughs and lower classes of citizens, who, being thus armed, became bold and dangerous. During the whole of the night of the 28th instant the musket firing was continuous, and there were many incendiary fires. A number of houses on the hills were sacked and vnsiof attempts to rob business houses were made. From the best information obtainable at present, I believe that no less than 150 persons were kUled during the night. Those who know the character of the lower order of Chileans exi)ress their surprise and gratification at the fact of there being no more di^rder in the city during the night, and many attribute this to the 500 men ftom the foreign men-of-war who were located at different points in the city. On the 29th instant! called on the Provisional President Montt and the other officials and was received by them with marked courtesy. Yesterday the city was under complete police control, and the foreign fon-es were reembarked during the afternoon, after they had been for^- eight hours on shore. In this connection, I wish to state here that the conduct of the men from the Pacific Squadron was absolutely excellent during the whole time in which they were performing'the delicate and important duties required of them. Of the battle fought on the morning of the 28th inst., and which re- sulted in the capture of Valparaiso, I am unable, at this time, to say much, as reports are conflicting and unreliable. I learn from the acting secretary of war (Government) that the Government forces, which occuiried a most excellent position for de- fending the city, were composed of 8,000 infantry, 400 cavalry, aud 700 artillery, with 28 Krupp guns, 12 Armstrong field pieces, aud 2 Gatling guns. Nearly the whole of this force was engaged. I believe that the Congressional force aggregated 12,000 men, and that it had been strengthened since landing by deseiters from the Gov- ernment forces. Gen, Barbosa was in command of the Government forces, with Gen. Alzerreca as second in command. Col. Canto commanded the Congressional army, with Col. Koerner, a German officer, who, for tv^o years prior to the breaking out of the NAVAL COERESPONDENCE. 285 revolution, was in charge of tlie military school at Santiago, as chief of staff. The battle commenced in the vicinity of Placillo, 8 miles southeast of Valparaiso, about 7:30 a. m., and at 10:30 a. m., the Government troops had been completely routed, many killed and wounded, and a great many had deserted on the field and gone over to the Congres- sionalists. At this hour (10:30 a. m.) the advance of the Oongressionalists could be seen from the ship as they came over the hills and were met and welcomed by the citizens. It would appear from many circum- stances, as well as from what I have been told by oflBcers of the defeated army, that the advance of the attacking forces was never checked at a single point along the whole line of battle. Generals Barbosa and AI- zerreca were wounded, taken prisoners, and subsequently put to death on the field. The forts around Valparaiso were abandoned on the 28th instant. On the evening of the same day the Congressional ironclad Almirante Cochrane entered the harbor ahd was cheered by the citizens on the hills. During the 29th the other ships of the squadron, including sev- eral transports, came in and anchored. The existing authorities here'have made rapid progress towards the reestablishment of order, and to-day the business houses have opened, leaving scarcely any evidence in that portion of the city of the chaotic condition of affairs which existed only three days ago. , On the 29th instant I placed the services of Passed Assistant Sur- geons J. M. Edgar and S. S. White and Assistant Surgeons E. E. Stitt and L. W. Spratling, with one apothecary and two nurses, at the dispo- sition of the authorities. Since that time they have been untiring, and have rendered most acceptable aid to the wounded as they are brought in as well as on the battlefield. Their reports wiU be forwarded as soon as practicable after their services on shore are no longer necessary and can be dispensed with. Their reports will prove interesting and valuable to medical science, as many of the wounds will have been from the balls of the Mannhcher rifles of .302 caliber and of high power. On the 28th instant a great many refugees came afloat and asked the protection of their lives. The Baltimore and this ship received all who came, and I have on board several very prominent civilians and the family of Vice- Admiral Viel. The President-elect, Claudio Vicuna, and Vifce- Admiral Viel are on board of the German flagship Leipsig. What disposition will be made of the refugees afloat is not known at present, but their desire is to be able to reach Peru, as their lives would not be safe in any part of Chile. I have the honor to inclose herewith letters from Oapt. Sampson, of the flagship Sa/^ Francisco; Capt. Schley, of the Baltimore, and Col. William B. McCreery, United States consul at Valpariaiso, commendmg the services aud behavior of the ofBcers and men who were landed on the 28th instant to protect the American consulate. Very respectfully, Geo. Brown, Bear-Admiral, TJ. 8. Navy. ■ 286 EELATIONS WITH CHILE. Capt. Sampson to Bear-Admiral Brown. U. S. S. San Francisco, Valparaiso, Chile, August SI, 1891, Sib: I wish to call yom- attention to the admirable bearing and behavior of th© men and marines sent' from this ship and the Baltimore to guard the United State* consulate and the women and children who had taken refuge there during the troublous days following the capture of this city by the army of the opposition. By your order thirty men and eighteen marines from this ship and the same number from the Baltiniore were landed, under arms, immediately upon the surrender and before the vioflbrious army could enter the city. The necessity for such action had been anticipated, and the party was landed upon short notice, in heavy marching order, with two days' rations. This number of men was easily quartered in the ex- tensive bunding at present occupied as the United States consulate, besides leaving accommodations for a large number of refugees. Constant communication wa» maintained by signal between the landing party and the ship. The party was under the command of Lieut. Commander B. F. TiUey, U. S. Navy, assisted by Capt. W. S. Muse, U. S. Marine Corps; Lieuts. W. C. Babcock and H. MoCrea; Ensigns G. N. Hay ward and H. A. Wiley; Naval Cadet J. R. Edie, and Passed Asst. Surg. J. M. Edgar, and Asst. Surg. E. R. Stitt, U. S. Navy. Mr. Tilley reports that the men not only performed tWir duties in a most satisfactory manner, but that their conduct in every respect was altogether commendable. The 300 men, women, and children reported to have been killed in the streets of the city during the first night, and the property wilfully destroyed by fire the first and second nights, is evidence that sending the men on shqfe was a wise precaution. Very respectfully, W. T. Sampson, Captain, U. S. Navy. Capt. Schley to Bear-Admiral Brown. U. S. S. Baltimore, Valparaiso, Chile, August SI, 1891. Sir: I have the honor to bring to your notice the excellent conduct and behavio' of the marines and men sent from this ship, on the afternoon of August 28, to pro- tect the A.merican consulate at this port during the confasion and perils attending the rout of the Government forces on that day by the insurgents. Lieut. McCrea, who commanded the forces from this ship, speaks in terms of high admiration of their steadiness and their readiness for service at a moment's notice. The expedition fcom this ship consisted of eighteen marines and thirty-six sailors and I am satisfied that their presence in the city/on that occasion when dis- order in all parts of the town was the natural sequence to its capture, did much to prevent the effusion of blood in»the locality where they i^ere stationed. I am informed by Lieut. McCrea that their appearance in the streets in going from and returning to the ship elicited much admiration and respect from the crow1891. Sir: I have the honor to acknowledge the receipt of your excellency's, commu- nication of yesterday, transmitting to me the contents of an official note addressed to you by the Juez del Crimen ; also a list of articles and money taken from mv men by the polioe when arrested in the evening of October 16. Lieut. E. M. Doyle is authorized to receive and to receipt for the same. Very respectfully, W. S. Schley, CajHain, Commanding. ' f'(q)t. Schley to Mr. TrUoy. [Telegram.] J VA|LPAEAIS0, October 24, 1891. Capt. Schley iaforms the Department that his report and the result of the investigation of the attack upon the Baltimore's men were sent to the United States Minister at Santiago, on the .23d instant; that the wounded men are now on board, one in a very critical condition. The United States Minister informs him that he has, as yet, received no instructions upon the matter. ' Mr. Tracy to Capt. Schley. [Telegram.] N'AVY Department, Washington, October 24, 1891. Mr. Tracy asks Capt. Schley, at Valparaiso, if he gave notice to the Chileaii authorities of his intention to give his crew liberty, and if the men of the Baltimore were attacked in different parts of the city afld at different times, or were all injured in a single attack. 302 RELATIONS WITH CHILE. Capt. Sehley to Mr. Tracy. [Telegram.] Yalpaeaiso, October 26, 1891. (Eeceived October 26.) Capt. Schley reports that no notice of an intentionto give liberty was necessary or required; that men from the other foreign vessels in port had been getting liberty on shore for the previous month, and that the men from the U. S. S. San Francisco were given liberty before her departure, aU excitement having subsided. He states that his men had been on shore four hours before they were attacked ; that they were attacked in different parts of the city, and that the attacks lasted for some time. He reports the death of Tumbull, one of the men wounded on the 16th and mentioned as being in a critical condition in telegram of the 22d. Mr. Egan will be informed. Mr. Tracy to Capt. Schley. [Telegram.] Navy Depaetjvdbnt, Washington, October 30, 1891. Mr. Tracy informs Capt. Schley that the San Francisco has leftCaUao for Mare Isl^d. He refers to the gravity of the situation, and instructs Capt. Schley to be careful to give no provocation and to be on his guard against surprise. Mr. Tracy to Capt. Schley. [Telegram,] Navy Department, Washington, October 30, 1891. Mr. Tracy instructs Capt. Schley, at Valparaiso, to report the manner in which the Baltimore's men were arrested and taken to prison; the circumstances attendant upon their signing a paper in Spanish; the number of wounded, and their present condition. Capt. Schley to Mr. Tracy. [Telegram.] Valparaiso, October 31, 1891. (Eeceived November 1.) Capt. Schley reports in answer to the Department's telegram of the 30th that Petty Officer Johnson states that Boatswain's Mate Eiggin c was killed while in his (Johnson's) arms, and that the fatal wound waSs given by the police guard; that Apprentice Williams states that he was arrested by a mounted policeman, who placed catgut nippers around his wrists, and started his horse into a gaUpp, by which he (Williams) was thrown down, after which the policeman walked his horse; that ■Coal-Heaver Mc Williams was arrested and taken to prison with catgut NAVAL CORRESPONDENCE. 303 nippers around his wrists and a lasso around his neck, and that he was Mtten in the arm after being arrested; that Coal-Heaver Quigley, while trying to escape from the mob, was struck by a poUce oflcer with his sword; that Apprentice Talbot was arrested, had catgut nippers placed around his wrists, and, on his way to prison, was repeatedly struck by the police; that Petty Officer Hamilton, being dangerously wounded and unconscious, was dragged off to, prison, and that when one of his shipmates tried to make him more comfortable he was made to desist under threats of b6ing struck with the butt of a musket. The men of the Baltimore in prison were examined secretly, although an officer of the ship was sent to court to request that he be allowed to be present at the examination. This request was denied, and state- ment made that the proceeedings were secret. The men of the Balti- more were required to sign a paper, drawn up in Spanish, before being discharged, and when one of them asked a court official to explain the meaning of the paper his request was denied, and he was informed that it was nothing but mere form, and that the signer took no part in the trouble. Two of the Baltimore men attacked are dead, three danger- ously wounded, and about fifteen slightly. The surgeons believe the wounded are out of danger. There are eight Chilean men-of-war here; some under repair and not very well manned. Capt. Schley to Mr. Tracy. ' [Telegram.] Vaj^pakaiso, October 31, 1891. Oapt. Schley states that he has returned from Santiago. . He reports as to the condition of the ship's bottom, and states that he is under steam and ready for any service required. Mr. Tracy to Gapt. Schley, [Telegram.] Navy Depaktmeno?, Washington, Ifovembet 1, 1891. Mr. Tracy instructs Oapt. Schley not to allow any of his men to appear at a secret investigation, or if not accompanied by an officer who can speak Spanish, and calls for a report of the number of men granted leave on October 16, and if any Chileans were arrested when the men of the Baltimore were arrested. " Gapt, Schley to Mr. Tracy. [Telegram.]. Valparaiso, November 2, 1891. Oapt. Schley reports that 117 men. about one-third of the crew of the Baltimore, were given leave on October 16, and that his men say about a dozen Chileans were arrested, there being no other source ot 304 RELATIONS WITH CHILE. information. He states that it was not his intention to allow his men to appear at any secret examination, or in any case unaccompanied by an officer. There is no appearance of hostility. Cwpt. Schley to Mr. Tracy. [Telegram.] ^ Valparaiso, November 6, 1891. Capt. Schley reports from Valparaiso that the Chilean authorities re- quest the appearance of several of the wounded men of the Baltimore to conft-ont with arrested parties, and that he has consented on the con- dition that the Baltimore men are allowed to testify in their own lan- guage and openly, not secretly, and accompanied by an officer, but that the wounded men will not be able to appear for some time. Mr. Tracy to Capt. Schley. [Telegram.] Navy Department. Washington, November 7, 1891. The Department approves of Capt. Schley's action in regard to the men appearing, and instructs him that the evidence of the men must be taken in English and then read over to each witness and signed in duplicate by the same. One copy ig to be kept by Capt. Schley and one sent to the Department. The expense of the duplicate copy is authorized. i Capt. Schley to Mr. Tracy. [Telegram.] Valparaiso, November 8, 1S91. Capt. Schley reports that there is no truth in the newspaper rumor that the Baltimore has been sunk. Capt. Schley to Mr. Tracy. — tTBicgraffiri" Valparaiso, November 10, 1891. Capt. Schley reports having received a letter from the intendente which shows that the investigation now taking place by the authorities is like our inquiry by grand jury to establish an indictment; the pro- ceedings therefore are secret, and his men are requested to appear, ac- companied by an officer as interpreter, and the evidence to be given in English. He requests instructions before making a reply.- NAVAL CORRESPONDENCE. 305 Mr. Tracy to Gap. Schley. [Telegram.] , Navy Department, Washington, November 10, 1891. ^^ Department acknowledges the receipt of Capt. Schley's telegram ot the 10th, and instructs him to accept the proposition therein referred to on condition that a cbpy of the evidence as given in English, read over and signed by the witness, is furnished, which send to the Depart- ment. " ^ Capt. Schley to Mr. Tracy. [Telegram.] Valparaiso, ITovemher 13, 1891. Capt. Schley states that the judge of the criminal court informs him that the Chilean laws wiU not permit him to give a copy of the evi- dence under the terms contained in the Department's telegram of No- vember 10, as proceedings taken to substantiate criminal judgment and in a state of inquiry require secrecy. He reports that his men will not appear unless the Department so instructs. Mr. Tra^ to Capt. Schley. [Telegram.] Navy Department, Washington, November 13, 1891. The Department acknowledges the receipt of telegram of the 13th and waives copy of the evidence, but instructs ^Capt, Schley that the deposition of each witness must be read over and subscribed and an offlcer thoroughly conversant with Spanish must be present. Rear-Admiral Brown to Mr. Tracy, TJ. S. Flagship San Francisco, At Sea, Lat. 24° 24' N., Long. 112° w. November 14, 1891. (Eeceived at Navy Department Nov. 25.) Sir : I have the honor to transmit herewith the originals of three letters in Spanish, together with translations of the same, addressed to me by Ysidoro Brrazuriz, then secretary of foreign affairs of the Chilean Junta Government. Thinking that these letters may, at some future time, be of value and importance to the Government, I send them so that they can be placed on the files of the Department. I have retained certified copies of these letters. Very respectfully, Geo. Brown, Bewr-Admiral, U, S. Navy. 20 306 RELATIONS WITH CHILE. A. . [Translation.] ,, ^_ .„„. IQUIQUE) May IS, 1891. Esteemed Sib: By the cablegrams of the Associated Press this provisional gov- ernment has learned that the transport Itata, detained in San Diego by order of the Government of the United States for having taken on board munitious of war and being in charge of Marshal Gard, left the port caiTying on board this functionary, who was put ashore at a neighboring point on the coast, and continued her voyage. This Government has known directly nothing else of the acts ot the Itata since she left San Diego. , , , , , j.v j i v If this notice should be exact this Government would deplore the conduct ob- served by the Itata and, in testimouv that it is not disposed to support or accept the infraction of the laws of the United States the undersigned takes advantage of the personal relations which you have had the goodness to maintain with him since your arrival in this port, to declare to you that his Government would put the/toto with the arms and munitions that she embarked in San Diego, as soon as she will be within reach of our orders, at the disposition of the Government of the United i States, through your worthy agency, in order that the laws of your nation may fol- low their course, interrupted in San Diego. I have, sir, the honor to subscribe myself. The Secretaiv of Foreign Eelations of the Provisional Junta ot Government, " " TSIDORO ERRAZURIZ. Eear-Admiral Brown, On hoard the San Francisco. [Translation.] ,, _ ^„„^ IQUIQUE, May IS, 1891. Esteemed Sir: I beg you to return to me the accpmpanying letter with marginal notes if, in your opinion, it does not agree faithfully with our conversation of yes- terday and to-day, in order to revise it or complete it. Yours, etc., , „ _, Y. Errazuriz. Eear-Admiral Brown. C. [Translation.] iQUiqUE, May 17, 1891. Esteemed SiE: I would thank you to understand my letter of the 13th of the present month was intended to convey to you the declaration that it was the propo- Bition of the Junta de Gobierno to return to the authorities of the United States the Itata, with the arms and ammunitions of war which she received in San Diego by means of the schooner Robert and Minnie. Salutes you. The Secretary of Foreign Eelations of the Provisional Junta, Y. Errazuriz. Eear-Admiral Brown, On board the San Franeiaco. Bear-Admiral Brown to Mr. Tracy. U. S. Flagship San Fkancisco, At Sea, Lot. 27° HT., Long. 114° 33" W., November 14, 1891. Sir : On the 10th instant, at 3 p. m., when this ship was under way and steaming out of the harbor of AfCapulco, Mexico, I received a cipher dispatch, the following being a translation of the same : Did you invite any Chilean officers to accompany you on board the San Franciaeo to witness the landing of the Chileans at Quinteros? Did you or any of the officers or your crew, on return on that occasion to Valparaiso, Chile, communicate infor- mation about what you saw to any person not connected with your vessel f Tracy. NAVAL CORRESPONDENCE. 307 To the above message I replied : Did not invite or take any Chileans. I invited foreign officers. Only German went. No one from this ship gave informat on. Full information about landing was known at Santiago and Valparaiso before I sailed at noon. Bbown. Before I left Valparaiso there were published and discussed many misrepresentations and falsifications bearing on my going to Quinteros, ■which I am' satisfied emanated from the large English colony at Val- paraiso, as a part of their preconcerted plans for injuring all Americans in a commercial sense, as also to sustain and strengthen their weU- known position with the many sympathizers with the insurgents. The subject was freely discussed by them during the time the iijsui^- gents were investing Valparaiso, and as' soon aS the city feU into their hands and Congressionalist papers, which had aU been suppressed by the Government, began to be issued, the subject was occasionally re- ferred to. I was called a " spy," etc., by them. To all this I paid no attention, excepb on two occasions, to which I will refer later on. As explanatory to my telegram from Acapulco, I consider it proper that I should place on record the following detailed statement in con- nection with the subject referred to: At 9 :30 a. m. on August 20 I went on shore, and when near the in- tendencia met Maj. Herara, of Vice- Admiral Viel's staff, who speaks English perfectly. On asking if there was any news, he replied that the opposition had landed in force at Quinteros at daylight, and that this fact was known to everybody. i To verify this statement I went immediately to the ofiftce of Vice- Admiral Viel, intendente of Valparaiso, and on meeting Mm he in- formed me that it was true that a landing had been made at Quinteros and that he had informed the President. He gave me the names of all the ships of war, transports," and tugs, and said that about 10,()00 men were in the expedition. I asked him if he was sure that a landing had been efiected. He th^n detailed ;to me the facts that at early daylight that morning he had received a telephone message from the observer at Valparaiso light-house, reporting that a large number of vessels were entering Quinteros Harbor. Soon after this, and bdfpre 7 o'clock, he received a telegraphic mes- sage from the operator at Quinteros, stating that the opposition were landing a large force, and giving the names of armed vessels, trans- ports, and tugs, and saying that the operator would move his instru- ment back to a safe -point about 3 hiiles distant,, and when connected would report further. At about 8 o'clock the operator reported that the advance of the insurgent force was within a mile of his station, and that he would abandon it at once. At 9 o'clock (a half hour before I had this interview with Viel) he had received a re;port from Vina del Mar, stating that the enemy was in sight on the high lands on the north bank of the. Aconcagua Eiver. I asked the admiral what the G-overnment was going to do to oppose the advance of the insurgents? He said that the government forces had advanced and that fighting would probably take place to the north of the Aconcagua Eiver; that the insurgents would, be attacked and driven back to their ships at Quinteros, He allowed me to look at the maps, and pointed out the location of the insurgents at that time, arid the routes which the government troops would take. I then asked Admiral Viel if this information was to be considered confi- dential, and he said "No, it is known to every man, woman, and child in Valparaiso and Santiago." (This statement of Admiral Viel was 308 RELATIONS WITH CHILE. subsequently, at my request, repeated by him in the cabin of the Ger- man flagship Leipzig, in the presence of Rear- Admiral Valois of the German I^^avy, and Capt. Sampson of this ship.) I left the, intendencia and walked several squares along the principal street, returned to my boat, and came on board shortly after 10 o'clock. On the street and in the plaza I met several acquaintances, including the United States consul, Col. McCreery, and by every one was told of the landing at Quinteros. As I neared the landing long lines of railroad cars were being loaded with troops, and some trains had started for Vina del Mar. On coming on board I sent an officer to the German and French ad- mirals and to the senior EngMsh naval oflftcer, and informed them that I would get under way ubout noon, go to the vicinity of Quinteros, and return that evening, and that I would be happy to take any oflcers with me. They all knew of the landing having been made. Only one officer, a German lieutenant, came on board to accompany me, and he was the only person who went to Quinteros with me who did not belong to this ship. I never even intimated that I would take' a Chilean with me, and most certainly would have declined to do so had anyone of that nation- ality applied; . We got under way a few minutes after noon (the engine room log showing that the engines were started ahead at 12:03 p. m.), and steamed to Quinteros, a distance of 18 miles. We made a turn around the bay and returned to Valparaiso, where we anchored at 4:50 p. m. Both going and returning we passed two of the insurgent ships, which were underway and evidently. on picket duty, and wMch were in sight from Valparaiso. I did not communiciate with these ships, nor with anyone at Quinteros, because I knew if I did so that it would be said in Valparaiso that I had given information to the Congressional- ists. While returning from Quinteros, I had cipher messages gotten ready for the Department and for Capt. Schley of the Baltimore, who was then at Coquimbo. My message to you reported the landing at Quin- teros; that|;o Captain Schley ordered him to proceed to Valparaiso with dispatch. These messages were taken on shore by an officer as soon as we anchored (he reached the landing at about 5:10 p. m.), and he had to go to Admiral Viel to have my message to you vised by him and to get him to send the one for Capt. Schley by the Government land line, which was then the only means of telegraphic communication with Coquimbo. • My cablegram to you had to be vised by the intendente, as the Government agent at the cable office would permit no messages sent that had not received the " visto bueno " of the intendente. Thp officer returned on board very promptly, and gave me additional information of the movements of the two opposing armies, and by far more than anyone on board of this ship could have imparted, as all we knew was that the insurgents had landed and that the great majority of them had advanced towards the Aconcagua River, which is just 13 miles from Quinteros, and which the main body must have reached before we anchored at Valparaiso, as tpn hours had elapsed since their landing. / When in Santiago, on the 10th qf September, I was told by our min- ister, Mr. Egan, Col. Spooner, and Mr. Demorest that before 11 o'clock on the forenoon of August 20 (the day of the landing) they knew of the landing and that it was known to everybody on the streets. NAVAL COERESPONDENCE. 309 The two occasions on which I referred to tlie abusive and utterly false accusations, which were repeated in the English clubs and mentioned in the papers, were first, when I called on Admiral Montt, president of the junta government at Valparaiso, on the afternoon of August 29, the day after the fall of the city, when I told him of the remarks that had been made by people in Valparaiso about my going to Quihteros. I told him what I had learned before starting and of all the information I had obtained, and was particular in explaining to him and impressing on him that what I told him was not in any' way to be con- sidered in the light of an apology, but only in order that he should be inj^possession of all the facts. The second occasion of my referring to this subject was on Septem- ber 6, in a personal letter to our minister at Santiago, Mr. Egan, in reply to a personal note from him of the day previous. I replied at once in a personal letter to Mr. Egan, and gave him in substance the facts I have stated above relative to my trip to Qninteros. My letter was published in several of the Santiago papers (which are generally read in Valparaiso) ; but that part of my letter which stated that I informed Admiral Montt that I had done nothing to apologize for was left out. In this connection I would state that during tlie time this ship and the Baltimore were in Chilean waters no official act or word on the part of any officer or maii of the two ships could possibly have been construed as being in any way other than in the line of the strictest neutrality. I here state most emphatically that any report, no matter by whom made, relative to my visit to Quinteros Bay on the 20th of August last, which differs from the above statement is an absolute falsehood, delib- erately fabricated for the single purpose of discrediting American inter- ests in Chile. Very respectfally, your obedient servant, GrEOKGE BROWN, Bear-Admiral, TJ. 8. Navy. Mr. Tracy to Capt. Schley. [Telegram.] Navy Depaetme^tt, Washington, November 21, 1891. Inquires time of day at which the Baltimore men went ashore on October 16. Gapt. Schley to Mr. Tracy. [Telegram.] Valpaeaiso, November 21, 1891. Eeports that the Uberty men went ashore about 2 p. m. on October 16. States that testimony before court was given yesterday and that two other men are ready to testify if wanted. 310 RELATIONS WITH CHILE. Ga§t. Schley to Mr. Tracy. U. S. S. Baltimore, Valparaiso, Chile, November 25, 1891. Sir- I have the honor to make the following supplementary report to that of October 23, 1891, relating to matters connected with the assault upon m^ men on October 16 last, and which have transpired since .that time. , , , j t, ^i. Before the examination of my arrested men had been made by the judge of the court, I caUed upon the intendente of the province and requested that it be hastened as much as possible, and asked to be represented at the court. The intendente informed me that the matter having been placed in 'the hands of the department of justice he could do no more than exercise his friendly offtces with the judge, but that he would advise me to see that officer, who he thought would be better able to tell me what could be done under the circumstances. I called upon the judge at his court, but was informed that Ms honor was absent and would not return to the court for two hours. TJnder these circumstances, I returned to the ship and sent Lieut. J. H. Sears to make my request for representation at the examination of my men. Lieut. Sears returned to the ship at sundown and reported that he had made the request to be present to represent me, but that he had been refused this permission by an official of the court on the ground that this process was secret under, the Chilean laws, and for this reason his presence at the examination could not be allowed. On October 20 I received the letter (marked 1) from the intendente, written to him by the judge of the court in reply to my inquiries relating to the examination of my arrested men. It wiU be observed that the process was secret but proceeding rapidly to a conclusion, and that it would be impossible to enter more into details without violating the secrecy of the investigation. This examination being concluded in the court's own way, the men were discharged, but before being given their liberty on' October 17 and 20, each man was required to sign a paper, the import of which was explained to Lieut. Sears, who was directed to remain about the court, to be merely a form stating that the men were not mixed up in the row and knew nothing of it. On October 21 1 received the Department's telegraphic order (marked 2) directing me to send my report of the disturbance to the United States minister at Santiago. This was done on the 22d of October, , accompanied by the report of the board concluded on that day. On October 22 I received a communication from the intendente (marked 3), placing«,t my disposition the monev and other articles taken n"om the men when arrested. As my men were discharged and their effects restored, the court was unable to find any charges against them. From that day until this no information has been conveyed to me that there were any charges against my men. I replied to this letter of the intendente in a communication (marked 4), in which Lieut. K. M. Doyle was authorized to carry out its terms. All the money taken from the men and seven small pocket knives were returned to Lieut. Doyle, who receipted for them. I ihvite special attention to the fact that when my men were arrested and searched in prison by the police on the evening of October 16 only seven small pocket knives and one small pestle, such as druggists use, were found in their possession. The knife mentioned was not used by any of my men. This conclusive evidence from the Chilean authorities is the completest answer and refatation of the charge that my men were armed on that occasion. NAVAL CORRESPONDENCE. 311 I ouglit to State that I did not give notice that I was going to give hberty for the reason that \t has never been required by the authorities here, but ,in the small places along the coast or in- making our first appearance m a port on the station,- it is usual to speak to the iuten- dente or mayor to ascertain the port regulations in this respect. This I had already done at Valparaiso; therefore, on my return from MoUendo on September 14, the captain of the port sent his representative to ■welcome us to the port, its courtesies, and its hospitalities; nothing, more was ever customary. My telegram dated October 26 (marked 5), in reply to that from the Department on the same day (marked 6), was intended to explain this matter. On October 25 Ooalheaver Wilhanl TurnbuU, after a severe struggle for his life, died from his wounds. I am almost sure that if Turnbull could have been brought off to the ship the morning following the assault on him, where he could have had the more careful and skillful treatment of our own surgeons, his life might have beenjsaved, but detained as he was for several days in the prison ward of the San Juan de Dios Hos- pital, where his wounds were hardly attended, and surely not properly, this poor fellow had a losing battle to fight when he was finally handed over to us. , I think this however was attributable to ignorance rather than to intentional neglect. During the time my wounded men ,were in the hospital I sent a medical of&cer of the ship to visit them daily, but they reported that under the rules of the hospital they were forbidden to do other than make the patients as comfortable a^ the surrounding circumstances would permit. Turnbull was buried with military honors on October 27, as was Biggin on October 19. At Turn- bull's interment the faneral party were protected by six or seven mounted police. On October 29 I received a letter from the intendente (marked 7), asking for all facts in my possession bearing upon, the disturbance of October 16. As this ipatter had been transferred by the Department's order to the minister at Santiago, I replied to the intendente in a letter (marked 8), in which I informed him that as the matter had been trans- ferred to our minister I regretted that I was unable to inform him directly, though I had no doubt that if application was made to the legation he would be able to obtain what was desired. On November 1 1 transmitted a letter (marked 9) to our minister, in which several names of persons cognizant of facts were given. .Your telegram of October 31, inquiring the manner in which the men were arrested, was replied to that same day. It is inclosed (marked 10). In this connection I would state that the men, whose names it has and whose statements it conveys, declare without hesitation that aU the facts given are absolutely correct. I have added their names to those sent to the minister, in a letter I addressed later to the inten- dente. November 3, 1891, 1 received a letter (marked 11) from our min- ister in Santiago in which he informed me that as the intendente of Valparaiso might accept my letter as final and might not request the information through the department of foreign relations, he thought it might be well for me to put myself again in communication with the intendente, which I did at once in my letter of November 3 (marked 12), giving additional names among my crew, but informed him as far as my men were concerned I could only allow them to give evidence in English, openly and not secretly, and that I was to be allowed to see their testimony. On the 1st of November I received a letter from the minister with an inclosed translation of a letter (marked 13) from the minister of foreign 312 RELATIONS WITH CHILE. relations containing a report of the intendente of Valparaiso touching the disturbances of October 16 last. As the minister was anxious to have an early reply, I transmitted him my letter (marked 14), in which' I merely referred to the remarkalale statements in the intendente'a' report that was quite inexact in the absence of important testimony not yet given or known by the court. On November 2 your telegram (marked 15) was received, asking the number of men on leave, and followed by a statement of the conditions under which they were to be allowed to appear before the court. My reply, dated November 3 (marked 16), acknowledged the conditions de- manded by the department. I then furnished our minister at Santiago with copies of these two communications that he might be fully informed of each step of the proceedings going on here. On the 15th of November I received a letter from the intendente (marked 17) containing the names of several of my wounded men whom the judge had cited to appear for the purpose of confronting them with the persons in the custody of the court for complicity in the disturb- ances of October 16 last. To this communication of the intendente I replied in a letter dated November 6 (marked 18), in which I reafBrmed the conditions of my letter of November 3, and at the same time re- quested the judge to name some day in the near future, when my wounded men's health would enable them to appear, accompanied by an officer. On this same day I sent a cablegram dated November 6 (marked 19), relating to this request, indicating to the Department that I had assented to the men's appearance and stating the conditions Tinder which they might appear. Your reply, dated November 7, ap- proving my action is marked 20. At this point of the proceedings I addressed a letter dated Novem- ber 6 (marked 21), to the intendente of the province, requesting courte- sies and protection for my officers, my men, and for my market boats when on shore, as was accorded to aU other foreign vessels lying in the harbor, and especially the Germans, whose boats had been molested. Before doing this I had sent an officer on the 23d or 24th of October to ask these same privileges, but which at that time his excellency was unable to decide or even to advise beyond the expressed opiiiion that he thought the officers would not be interfered with, but requested that market boats should not be sent. Waiting, therefore, nearly two weeks without any further expression from the intendente, it occurred to me as necessary under the circumstances to obtain some official ex- pression of opinion upon this matter. I transmit his reply dated No- vember 6 (marked 22), from which it wiU be seen that he was willing to do as requested. On November 9 the intendente forwarded me a copy of the judge's decision (marked 23), iu which all the conditions I had proposed about the men's appearance had been rejected on the ground that they were opposed to the Chilean laws governing the secrecy of criminal proceed- ings while matters were still under inquiry, except that their evidence could be given in English through an interpreter we might designate. As this decision was contrary to my instructions which gave me no discretion, my telegram dated November 10 (marked 24) was sent ex- plaining that the preliminary examination was rather in the nature of an inquiry by grand jury to .establish indictments and to that end the proceedmgs were secret, though I was impressed by the fairfaess of the proposition. When your reply, dated November 11 (marked 25), was received directing me to accept the proposition of the court, but renewing the claim for a copy of the evidence as signed after being NAVAL CORRESPONDENCE. 313 read over by tlie witnesses, I addressed my letter to the intendente, dated November 11 (marked 26), in which I accepted his jiroposition to allow my men to be accompanied by an officer as interpreter and to de- clare through him in English ou condition that I should be furnished with a copy of the evidence given after being read over and signed by the witnesses; my Government to pay the expenses of this copy to be furnished. ' To this letter I received the replies of the intendente dated Novem- ber 11 and 12 (marked 27 and 28), from the latter of which it will be seen that the judge adheres to his decision as given in his letter dated November 9 (marked 23), except that the men might be accompanied by an officer as interpreter, and that they might declare in EngMsh. Under such circumstances the department's condition that a signed copy "of the witnesses' testimony be furnished me haying been rejected by the judge, I cabled you under date of November 13 (marked 29) for such decision as might seem proper. As soon as your instructions (marked 30) were received waiving a copy of the evidence and merely requiring the proceedings to be au- thenticated by the interpreter, I wrote the intendente the letter in- closed, dated November 17, 1891 (numbered 31), in which I informed him that my men were able to appear and requested that his honor might appoint the earliest practicable date for the hearing and that my men would be accompanied by an officer as interpreter, who would au- thenticate such testimoney as was given. To this letter the intendente replied on the same day in a letter (marked 32) inforniuig me that he had forwarded my letter to the judge. On November 18 I received from the intendente two letters, one (marked 33) in which the judge expressed his willingness to give aU the copies which may be asked of the declarations taken in the exam- ination of the sailors of the Baltimore and other witnesses, when the pei^ding process had reached that point where the legal secrecy exacted by its present state was no longer required. The other (marked 34) in which he informed me that the examination in the pending cause would take place on November 20, fi?om 3 to 4 in the afternoon. At the time iidicated by his honor I sent Lieut. McOrea, who spoke Spanish quite well, to accompany the men mentioned in my communi- cation of November 3 (marked 12), and that of November 6 (niarked 18). These men testified at the hour appointed by his honor the judge, and their testimony, read over and signed by them, was then authenticated by Lieut. McCrea, who returned with the men to the ship about 9:30 p. m. of that same day. In this connection with this unfortunate affair, it has been observed with some regret that not one of the Chilean newspapers that I have seen, has ever expressed any demand for a fall and conclusive inves- tigation of the circumstances. On the -contrary, they have sought to treat it as an offense of the Baltimore's crew, and they have mdus- triously spread the idea that the brutal butchery of two of my men and the grave wounding of five others was a trifling affair. The investigation is still going on, and I am not informed what stage of it has been reached at this writing.' Very respectfully, •^ ^ ' W. S. Schley, Captain U. 8. Navy. 314 RELATIONS WITH CHILE. The Intend&nte to Capt. Schley. (1) [Translation.] Republica db Chile, Iniendenoia of Valparaiso, October SO, 1891. Under yesterday's date the judge of the criminal ooiirt informs me that the pro- ceedings instituted are going on rapidly to their conclusion, relating to the unfortu- nate occurrences of the 16th, which took place between the sailors of the cruiser un- der your command, Chilean sailors, and longshoremen; as likewise, that it is not possible to enter into more details without violating the secrecy of the proceedings. In view of this I hope, captain, that I will bo able to announce to you very soon the definite termination of this matter. ° ^" ' J. DE Ds. Arle'gui. (2) (See telegram of October 20, Mr. Tracy to Capt. Schley.) (3) (See inclosure marked H, report of Capt. Schley to Mr. Tracy, October 23.) (4) (See inclosure I in report of Capt. Schley to Mr. Tracy of October 23.) (5) (See telegram of October 26, Capt. Schley to Mr. Tracy.) (6) (See telegram of October 24, Mr. Tracy to Capt. Schley.) The Intendente to Capt. Schley. [Translation.] Republica DE Chile, Intendencia of Valparaiso, October S9, 1891. The judge of the criminal court, in an official dispatch dated yesterday, informs me as follows : "In the proceedings instituted against Charles G. Williams, and forty others, in the affray of the North Americans and Chileans under yesterday's date has decreed the following : "Being expedient to hasten the investigation by utilizing the data which the NAVAL COEEESPONDENCE. 315 llVntVet^ofA"ItT^'^''^^*^^ ^"^^^^ ^*^*^« """^^^ »^y ^^^^ ^^en able to collect IvleTtooM^i^'ihr^^c^^-'^^ dispatch be sent to the intendente of the Province, in Sh\°et*enoe*kZt.""*^'"'^ '™" the functionaries alluderl to the data' to I communicate it to you for the consequent ends, wod guard you. ■wTiIpT. T >,e.,ro +!,„ I, 4. x* ., E. Foster Eecababeen. Which I have the honor to transcribe to you for the ends in view. ' iroci guard you. J. DE Ds. Arlegui. Capt. Schley to the Intendente. (8) U. S. S. Baltimore, Valparaiso, Chile, Novemier 1, 1891. . Sik: In reply to your excellency's note dated October 29 I have the honor to intorm you that as the matter, to which it refers has been transferred by my Govern- ment to the minister, Mr. Patrick Egan, envoy extraordinary and minister plenipo- tentiary at Santiag;o, I would respectfully state that I am of opinion that if appUoa- tion be made to him your excellency will be supplied with the names of several individuals, who will be able in their turn to give you other names of persons who saw the killing of Eiggin and the wounding of a number of others of my men during the lamentable, disorders of the 16th ultimo. Regretting that I am unable to furnish directly the information you have re- / quested, I have the honor to be, Very respectfully, W. S. Schley, Captain, U. S. Navy. Capt. Schley to Mr. Egan. U. S. S. Baltimore, Valpardiao, Chile, November 1, 1891. Sir: I have the honor to inform you that the following persons have stated that they are able to testify to facts and can give names of individuals who saw and can recognize some of the mob who assaulted, and stabbed my men on the evening of the 16th ultimo. _ Thomas Eiley, keeper of the "Horseshoe Bar," is now at Santiago with the Eng- lish, Opera Company. He can give the names of a number of people who saw the stabbing and shooting of Eiggin and other attacks on my men. Andres Lofquist, having been an eyewitness, can testify to the shooting and stab- bing of Eiggin. Charles Lanctot gave one of our men citizen's clothes and helped him after being chased from the Mole up to the Hotel Colon. He can give names of several others who witnessed the assault and can testify that the men were sober, and saw Eiggin and another man dragged from the car and stabbed. He also knows the names of some others who saw wie assault. Edward Parry, at Lever & Murphy's, saw the Shooting and the assault on other men. He is an important witness. John Carthy, a negro now held in jail, saw the killing of Eiggin and can name three men whom he says he saw stab him. Capt. Jenkins of the steamer Keweenaw saw the assaults of the mob and can give names of people who saw the assault and are familiar with details. I have informed the intendente that I had no doubt if application was made to you the information requested in his letter would be furnished, and to that end I inclose his letter to me and my reply. Very respectfully, W. S. Schley, Captain, U. S. Navy. 316 RELATIONS WITH CHILE. (10) (See telegram of October 31, Capt. Schley to Mr. Tracy.) Mr. Mgan to Capt. Schley, (11) Santiago, Chllb, November S, 1891. Sir: I beg to acknowledge receipt of your two communications of yesterday, with inclosuies, and 1 am also in receipt to-day, of a telegram from the Secretary of State on same subject, copy of wh^ch I inclose for your information. From this telegram you will perceive that the Department of State sees no objec- tion to officers or men of the Baltimore giving evidence before the judge of crime, providing they "be accompanied by a friend as counsel and be allowed to express themselves in their own language, openly and not secretly." As the intendente may take your answer of first instant as final and may not com- municate the request for evidence through the aepartment of foreign relations to me I would suggest to you the advisability of again putting yourself in communica- tion with him with a view to the production of this evidence, upon the conditions laid down in Mr. Blaine's telegram, and there could be no objection, now, to your giving the intendente, direct, wie names of the witnesses which yon have mentioned m your letter to me. if the evidence be accepted by the authorities upon the conditions, you will no doubt be allowed the privilege of reading the documents signed by the American sailors in their examination by the judge of crime, referred to in your report, in which case you will oblige me by sending me copies, or if copies be not obtainable, a statement of whsit such documents contain. I remain, etc., Patrick Egau. [Iiicloaure to foregoing, cablegram received November 2, 1891, 9 :45 p. m.] Mr. Blaine to Mr. Egan. Washington, Noveniber 1, 1891. None of the officers or crew of the Baltimore should be allowed to testify except he be accompanied by a friend as counsel and allowed to express himself in his own language, openly arid not secretly, ii- You will ask of Chilean Government the privi- lege of reading the documents which American saildrs signed in secret without un- derstanding and when unaccompanied by counsel. Blainb. Capt. Schley to the Intendente. (125 U. S. S. Baltimore, Valparaiso, Chile, November- S, 1891. Sw : Since my letter of November 1, referring to the matter of furnishing facts in my possession relating to the disturbance of October 16, 1 have the honor to say that I can now furnish you with a list of several names of persons who are cognizant of facts bearing upon that unfortunate occurrence. I have the honor to state that as far as my men are concerned who can testify to indignities at the hands of the police after arrest, I can only permit them to testify if accompanied by an officer as counsel and allowed to express themselves in their own language, openly and not secretly. In this event, I would respectfully request that I may be allowed the privilege of reading the evidence given. I inclose herewith a list of names that will assist the authorit'es In their investi- gation : Thomas Riley, keeper "Horse Shoe" bar. Andrews Lofquist, Valparaiso. Charles Lanctot, Lever and Murphy's. Edward Parry, Lever and Murphy's. NAVAL CORRESPONDENCE. 317 John Carthy. Capt. Jenkins, commanding steamer Keweenaw. Dr. Stanley, now on board this ship. i: ^' i??i?®°'^' armorer, U. S. S. BalUmore. ^' ,/ Williams, apprentice, U. S. S. Baltimore. P. McWiUiams, coal heaver, U. S. S. BalUmore. J. Quigley, coal heaver, U. S. S. Baltimore. J. W. Talhot, apprentice, U. S. S. Baltimore. J. Butler, apprentice, U. S. S. Baltimore. There are several others whose addresses are not known at this time, but I wiU take pleasure m transmitting them to your excellency as soon as I shall obtain them. 1 am, etc., , W/.' S. Schley, Captain, U. S. Navy. Mr. Egan to Capt. Sehlet/. ' (13) Santiago, October 31, 1891. SiE : I beg to inclose for your information translations of a note which I received from minister of relaciones exteriores of Chile, conveving official report of the in- tendente of Valparaiso with reference to the disturbance which took place on the 16th instant with a number of sailors of your ship, and which in the report of the board of officers of your ship, as well as in your own report, is described as an un- provoked and brutal attack upon a number of unarmed and defenseless sailors of the United States. I shall be pleased to receive your early answer to this report. I remain, sir, etc., Patrick Egan. Senor Matta to Mr. Egan. [Translation.] j Republic of Chile, Department of Foreign Relations, Santiago, October SO, 1891. Mr. Patrick Egan, Envoy Extraordinary and Minister Plenipotentiary of tlie United States : Sir : As there have been made on the part of the legation of which you are the chief, in a note of the 26th instant, reproaches and imputations against the members and officers of the police of Valparaiso, until the moment arrives to publish all of the summary (sumario) referring to the occurrence of 16th, and that this depart- ment should place it in the knowledge of your excellency, the undersigned esteems it necessary and convenient to transmit to your excellency the report m relation to the facts and investigation which the intendente of Valparaiso has been able to make in compliance with his duty and in order to make clear the responsibility and those responsible in the deplorable occurrences of the 16th instant. The following is the report of Don Juan de Dios Arlegui, in so far as it refers thereto, founded upon the acts and sayings of the immediate chiefs : " By these facts your excellency will be, acquainted with the extremes of inac- curacy of the charges formulated by the honorable minister of the United States against the police of this port. Thence it is entirely impossible that the police could have committed the number of brutalities and cruel excesses that are imputed to them. "The conflict commenced at 6 o'clock p. m., in the streets called the Clave, San^ Martin, San Erancisco, etc., inhabited by people of the lowest grade and full of*^ saloons and sailors' drinking houses. " The formation of a crowd in a few moments is very easy in these localities. "At the intendencia was received information at 6 :15 o'clock p. m. In tl^e mo- ment orders were given by telepone to the chief police station, also to that of Santo Domingo, and at the same time to the military guard of the intendencia, so that without losing time there might be brought together the greatest possible force to prevent the conflict. This was done and when the force arrived, particularly the police, at 6 :30 o'clock, the mob collected was about 2,000 men, which from the square of Francisco Echaurren to the Passenger Mole, including the streets or calles of Cochrane, Blanco, and the Avenue Errazuriz, formed a real battle field (campo de 318 RELATIONS WITH CHILE. agramante) in which all, and especially the American sailors, fought with stones, clubs, and bright arms (armas blancas). "The police and soldiers who arrived at the place only tried to make peace and to arrest those most actively engaged, on account of the state of excitement or drunk- enness in which they were, and to disperse the crowd. "An hour after,. at 7:30 o'clock, all was quiet, and the persons captured were placed at the disposition of the judge of crime, who arrived at the place. " When the police force arrived there was heard, behind the back of the captain commanding, a shot from some firearms. The captain turned around immediately and saw a sailor of the Baltimore fall wounded in the neck. The shot had no doubt been fired from a considerable group of people which was there. It was impossible to discover who had fired or who was with firearms, a thing which can be easily understood if there be ta^en into account the fact that the occurrence took place in the moment in which the police arrived at the Plaza Echaurren. The officer dis- mounted, attended to the wounded man, and conducted him to the drug store of Senor Guzman, in order to procure him medical attendance, and afterwards sent him to the hospital; unfi)rtunately, however, he died on the way. " I do not believe, Mr. Minister, that the local authorities could have done more than they did upon the occasion of the unfortunate occurrence, in view of the locality in which it took place, the deficiency of the police to look after this exten- sive .and irregular population, and the imprudence of landing on shore, at one time, 160 men of the crew of the Baltimore, according to reports of the police. " The precise cause of this disorder it has not been possible to ascertain. I do not know if it will appear from the summary now in progress, but everything goes to show that it began by a fight between some drunken sailors, the same aa had taken place a few days before between some German and Chilean sailors." According to the rule which gqverns criminal proceedings, while the facts are be- ing investigated, the process is kept secret and hence neither the intendente of Valparaiso nor the undersigned is in a position to know more than appears ftom the declaration and reports of certain and specifiied persons, and are not able to afSxm or deny anything in relation to the result at which the judge may arrive in his in- vestigations, which are the more prolonged and complicated tiie greater the number of culprits or persons responsible for the crime. Maintaining the offer made to that legation to communicate whatever may result from the condusion of the process, and being sure that the real culprits, being dis- covered, th^ proper punishment will take place, the undersigned renews to the honorable envoy extraordinary and minister plenipotentiary the expression of his high consideration. M, A. Matta. Capt. Schley to Mr. Egan. (14) U. S. S. Baltimoke, Valparaiso, Chile, November 1, 1891. Sir: In reply to your letter of October 31, inclosing a copy of a communication from the minister of foreign affairs, I would state that neither my letter nor the report of the board of investigation charges the police force and its officials as a body with participation. My report to you states that "the fact that a number of the wounds are recognized as bayonet wounds would appear to point to police participation m few cases, though I am glad to be able to say that there were some instances in which the officers intervened most courageouslv to protect our men against the mob." Complaints are made by men whose names are given in the report of the board of mvestigation of brutal treatment of these police into whose hands thev feU, and I have mailed to you a number of names of persons who mav be able to give informa- tion that will lead to a fuller development of all facts bearing upon this disturb- ance. ° ' Until all information is before the intendente and the investigation shall have been concluded I am unable to understand how he has anlved at the conclusion that the charges made m several instances against the police are inaccurate and could not have been committed by them. The fact that my men, numbering in few cases more than five or six, were attacked by a mob of 2,000 men and that those of them who were arrested were fonnd when searched to possess only six or seven smaU pocketknives, is a complete refutation of the statement that they were armed, as charged by the intendente NAVAL COREESPONDENCE. 319 I hope that when the persons are examined whose names I have sent you it will he shown that the opinions of the intendente were expressed in the absence of . all facts of the case and are from that point of view inexact. , I can personally testify to the orderly behavior, politeness, and sobriety of a very large number of men whom I met strolling about the streets up to 5 '.30 p. m., when I left the shore, and as the disturbance originated about 6 o'clock, by Biggin's dis- pute with a Chilean sailor, at which time'Eiggin must have been sober, as Mr. Lanctot can testify to his and his companion's sobriety when dragged from the car a few moments before Eiggin was killed. As to who iired the shot which killed Eiggin, I think some light will be throwii upon the subject by some of the witnesses whose names I have transmitted this morning. The attack of 2,000 people upon a few unarmed and defenseless men, and I say de- fenseless because when searched by the police only six or seven pooketknives were found, and returned to me by the intendente after the men's examination, with the death of one on the spot and one subsequently, and the mutilation by stab wounds in their backs of many others, surely merits to be called a brutal attack. I have the honor to be, etc., W. S. SCHLBY, Captam, U. S. Navy. (15) i ' ' (See telegram of .November 1, Mr. Tracy to Capt. Schley.) (16,) but as it depends for this only on the police force, and as these, according to official documents of which the intendencia is in possession, do not inspire the confidence of the commanding officer of the Baltimore, I leave to his discretion and prudence the calculation whether it is proper to allow the sailors to come on shore. "In regard to the officers, I do not believe there is any hindrance to their coming ashore, and in respect to the market boats, the same precautionary measures will be adopted «s when Admiral Valois informed me that his daily market boats were molested at the Mole." , I think it opportune to repeat to-day to you the same as I verbally communicated before by means of the officer to whom I have referred, because, believing that you are animated by the best spirit to avoid anything that might give occasion for a conflict of any kind, I feel sure that you will proceed with your characteristic pru- dence. ^ J. DE D Arlbgui. The Intendente to Capt. Schley. (23) ^ [Translation.] Valparaiso, Nmeniber 9, 1891. The judge of the criminal court, in an official letter dated the 6th of this month, informs me as follows : , . „ i, j,q . n j.j. i. j. "I was delayed, Mr. Governor, by the translation of the official letter sent to you by the captain of the Baltimore, m which he is good enough to communicate a hst of names of persons who can be called to depose in the proceedings that this tnbunal has instructed in relation to the disorders of the 16th of October last, and I am pleased to inform you that under the act of this tnbunal all of the persons indicated have been cited to appear. , ,. , n, „„*+>,„+ „oooq1 " In his communication the captain also mentions several of the crew of that vessel, but to permit them to come and depose he exacts (1) that they must be permitted to express themselves in their own language; (2) tlif*tl;6y maybe accompanied at the tribunal by an officer who will act as counsel; (3) that their declaration be public and not secret; (4) that the captain be permitted to read these declarations "With respect to tie first condition required for the appearing of the Bammor^s sailors, you will understand that on the part of this ^"bunal there would be no diffl- cultv in accepting it, nor would they be able to depose m any other way if they do not Lssesstfie Spanish language. I am able to add further in giving every neces- si^rmtytotl^^ht defense of the American ^ declaration through an interpreter that they themselves may designee, notwith- standing that in tSe secreta;ry may be found an official of this nature who has never civen anv reason why his impartiality and discretion may be doubted. ^ "It does not happin to be'the eami with respect to the rest of the required con- ditions to none o/ which could this tribunal accede, as all of them are contrary to tKcrecy which our laws of proceedings require in substantiating criminal judg- ments while these may remain in a state of inquiry, i 1,, T J. .1„„+o "Thradministration of justice in Chile will not t-e 'i^lftof<'c«P,*'Mr. Intendente, without di^race to its honor and to the prerogatives that belong to the Republic as 21 322 EELAHONS WITH CHILE. a free and sovereign nation, what in virtue of exigencies could neither be justified by law or by rights to make distinctions openly contrary to the laws which our conntry preserves for the rieht of all, whether natives or foreigners. "In regard to this particiuar, I reproduce, besides, the consiwrations of my ofScial letter No. 406, of this same date, which I have sent to you in reply to the claim that the United States consul has been pleased to make in regard to the lailor, Patrick Shields, of the steamer Keweenaw, and -which official letter you may bring to the knowledge of the captain of the Baltimore. "Perhaps wijbhout insisting on his requirements the captain may be able to obtain what he desires by sending an officer in his confidence, wno is master of the Spanish, and who may serve as an interpreter." I have the honor to communicate this to you for your information, inclosing also a copy of the official letter No. 406, to which the said judge refers. God guard you. • J. DE D Arlegui. (24) (See telegram of November 10, Capt. Schley to Mr. Tracy.) (25) 3ee telegram of November 10, Mr. Tracy to Capt. Schley.) Capt. Schley to the Intendente. (26) , TJ. S. S. Baltimore, Falparaiso, Chile, November 11, 1891. Sir: I am instructed to accept the conditions of his honor the judge of the crim- inal court granting the presence of an officer acquainted with the Spanish as inter- preter, andTthat the men of my ship may declare in English during the pending pre- liminary investigation, on condition that I may be ramished mth a copy of the evidence as given in English, read over and signed by the witness^, it being under- stood that I will defray any expense incurred m making such copy. I have the honor to be, etc., W. S. SCHLET, Captain, TJ. S. Navy. The Intendente to Capt, Sohley. (27) [Translation.] Eep6blica de Chile, Intendenda of Valparaiso, November 11, 1891. I am pleased to communicate to you that this intendencia has transmitted your official dispatch dated to-day to the judge of the criminal court relative to the oon- frontmg at that tribunal of the sailors compromised in the events of the 16th of la«t month. God guard you. J. DE D ASLEGTTI. NAVAL CORRESPONDENCE. 323 Ihe Intendente to Copt. iSchley. (28) [Translation.] I , Rep6blica de Chile, Intendenefa of Valparaiso, Nov^her IZ, 1891. His lionoi;the judge of the cruuinal court, in an official communication, No. 386, dated the 11th instant, informs me as follows : " fhis court will hold the pending confiontation between the wounded sailors of the .BoWimo^e and the prisoneis that are held for the disorders of the 16th, when their condition will permit them to appear in court, for the purpose of receiving their testimony in the usual manner, and with the aid of an interpreter that they themselves may designate, as was indicated by this tribunal in its note. No. 384, of the 6th, addressed to you. " I have the honor to communicate this to you in reply to your note. No. 3241^ and in order that you may be pleased to transmit a copy of this to the captain of the Baltimore." I have the honor to transmit this to you for your information and other ends. J. DE D Arlegui.. (29) (See telegram of November 13, Capt.' Schley to Mr. Tracy.) (30) (See telegram of November 13, Mr. Tracy to Capt. Schley.) I Capt. Sehley tq the Intendente. (31) U. S.\S. BiLLTIMORH!, Valparaiso, CMle, November If, 1891. Sir : I have the honor to inform your excellency that the men who iWere wounded in the disturbance of October 16 last are now able to appear as cited by the judge of the criminal court, and wlU be acoomijanied by an officer as interpreter, who will authenticate such testimony as may be given. I would request at the same time that his honor wiU oblige me by appoiiitmg the earliest practicable day for this hearing'. I We the honor to be, etc., ^ ^ ^^^^^ Captain, V. S. Navy. The Intendente to Capt. Sehley. 1 (32) [Translation.] Republica db Chile, Intmdencia of Valparaiso, Novemier 17, 1891. I have had the honor to receive your official letter, in wMch you do me t^e favor to state that it is not inconvenient for your sailors wounded mthe events of October ''it^l^ri^'a'ylrei^'Ksw '^^^^^^^^^ judge of the criminal couxt upon yotl? quoted offl^fa^l letter,, which I have transcribed to said judge, I shall have the pleasure to communicate it to you. God guard you. j ^j, p ^r^egui. 324 RELATIONS WITH CHILE. The Intendcnte to Capt. Schley. (33) [XranBlation.] Eepublica de Chile, Intend&rma of Valpanmo, November 18, 1891. The judge of the criminal conit, under date of the i6th of this moi^th, informs me as follows : To the process which this tribiinal has instituted with respect to the disorders of the 16th of October last, it has been directed that I reply to you with relation to what the captain of the Baltimore asks ill the official letter, a copy of which yon have been good enough to send with your note. No. 3305, of the 11th of the present montb, what follows : "Valparaiso, Novembeir IS, 1891. "I will reply to the indendente of the_province that this tribunal will be able to give all the copies which may be asked of the declarations taken in this examina- non by tiie sailors of the Baltimore and other witnesses in the cause when the pro- cess having passed to completion may not require the legal secrecy exacted by the present state of the same. "I tell you this in order that you may do me the favor to bring to the knowledge of the captain above named the contents of the present communication." Which I transcribe for your information and consequent ends. God guard you. , J. DE D Arlegdi. The Infertdente to Capt. Schley. (34) [Translatian.] ^ Eepublica db Chile, Intendenda of Valparaiso, November 18, 1891. The judge of the criminal court in an official letter of this date informs me as fol- lows: "At this moment I have received your note of yesterday, and in replying to it permit me to say that this tribunal will put into execution the pending confrontation of witnesses between the sailors of the Baltimore and culprits in the cause, the 20th of the present month, from 3 to 4 p. m. "Do me the kindness to transmit the present communication to the captain of the Baltimore." Which I have the honor to bring to your knowledge for the purposes in view. God guard you. J. DE D Arlegui. Mr. Tracy to Gapt. Schley. Washington, December 4, 1891. Mr. Tracy iaforms Capt. Schley of a London newspaper report stat- ing that one of the Baltimore witnesses appeared before court so intox- icated that it was necessary to ^iect him, and calls for a report of the facts. Ga/pt. Schley to Mr. Tracy. [Telegram.] Valparaiso, December 5, 1891. Capt. Schley reports in regard to the Mc Williams incident that the men had given their testimony, and while Lieut. McOrea, who was in charge of the men, was assisting in authenticatiag the testimony^ NAVAL CORRESPONDENCE. ' 325 permission was given the men to go out and get supper, as the judge did not desire to be confined, and that when McWiUiams returned to sign his testamony he was intoxicated and discourteous' to the judge, tor which offense he has been tried by summary cohrt-martial and puiiished. Copt. Schley to Mr. Tracy. [Telegram.] Valparaiso, December 6, 1891. Eefers to telegram of December 5, and considers the court responsi- ble for the McWilliams incident, the witnesses being in the custody of the court. All testimony of the Baltimore mep has been given. Mr. Tracy to Ca^t. Schley. [JTelegram.] IS'AVY Department, Washington, December 8, 1891. Mr. Tracy orders Capt. Schley to proceed with the Baltimore to San Francisco as soon as his men are no longer required to testify before the Chilean authorities. Capt. Schley to Mr. Tracy. U. S. S. Baltimore, Gallao, Peru, December 18, 1891. Sir: In addition to the report of Ifoven^ber 25, 1891, relating to the assault upoq my men on October 16, 1 have the honor to transmit herewith for the information of the Department th^ last details and com- munications I had with the intendente of Valparaiso. On the 30th of H^ovember I received a communication from the inten- dente of the province (marked 35), to which I rephed in a letter (marked 36). I did not receive it until after, 2 :30 p. m. of Ifovember 30. There was not time to make arrangements for the indicated conference of experts at the hour appointed on that day. I called immediately on the intendente to explain the reasons for being unable to comply with the judge's wishes on that day. The intendente appointed the following day, at the same hour, when my men and officers appeared before his honor in the manner and for the purposes iuOTjated in his letter. In the same note I inclosed a list of names of persons who could testify in the case. To my surprise I saw this letter published in the press of Valparaiso on the following morning. If his honor had desired to keep secret the names of these witnesses, as he did those of the court, in making a fair and impartial inquiry, it would appear that in this case the secrecy required by the Chilean law while the process was still in a state of inquiry only applied to the court's • witnesses. 326 RELATIONS WITH CHILE. In the same communication the judge invites my attention to the incident that Coal Heaver P. Mc Williams appeared before the court in a state of intoxication, but that as an act of especial kiudness towards the representatives of the U. S. Navy he remanded him to my authority rather than inflict punishment himself. I did not reply to this part of his honor's letter; but he quite overlooked the fact that as these men had testified when perfectly sober, under conditions im- posed by the court, they were of necessity in its care and custody until ' delivered over again, after their testimony had been taken, to the ofBcer who was representing the United States. While their testimony was being translated iuto Spanish for signature and for authentication by Lieut. McCrea, the men were placed by him in the open corridor of the prison adjacent to the court as a precaution against such an acci- dent. From this the judge directed their release. Your telegram (marked 37) and my reply (marked 38) are inclosed, and are explamed by the fuller stal^ement given above of all the circumstances. The experts from this vessel, before going to court, made experiments with rifle and pistol shots in flannel at equal distances and compared them with the bullet holes in the flannel shirt and neckerchief of Ar- morer J. M. Johnson through which the bullet passed that kUIed Charles W. Eiggin. The experts of my ship, Drs. White and Stitt, are firmly of opinion that these holes were rifle-bullet holes and could not have been made by a pistol bullet as the Chilean experts stated. This controversy was started no doubt to draw all suspicion away from the police, who, without any question, fired the shot which kflled Biggin. No matter what evidence may be adduced to the contrary in their coitrts, this fact is certain. On December 3 I transmitted this letter of his honor and my reply to the minister at Santiago, in a communication (marked 39), that his files might be complete. In this letter I expressed the viefw that the judge had apparently written his note to me through the Chilean pub- lic. On the same day I addressed a letter (marked 40) to the inten- dente, in which I informed him of my action with regard to the Mc- WHUams episode before the court, and la another paragraph I cor- rected the impression of his honor's letter touching the testimony given by McWiUmms, explaining the manner in which it was done as stated by Lieut, McCrea. On December 5 1 received the letter inclosed (marked 41), from the intendente, which merely acknowledges my letter of December 3. On December 6 my supplementary telegram (marked 42) was sent to explain what I had intended to insert, but omitted, in my reply to yours of December 4. On receipt of the Department's telegram (marked 43) to proceed to San Francisco, Cal., if men were no longer needed by the court, I wrote the inclosed letter (marked 44) to the intendente asking him if the men of the Baltimore would be required further by the criminal court in the process pending with reference to the disorders of October 16. I iu- close the intendente's replies (marked 45, 46, and 47), from which it jpll be seen that they required no more testimony from my men. ' In the letter dated December 10, however, from the judge, it wlU be observed that he expresses satisfaction at the punishment decided by the court-martial in the case of MoWilliams, but requested that, if not contrary to the rules of the Navy, the unexpired term of his imprison- ment be remitted. In accordance with this request I informed the intendente in a letter dated December 10 (marked 48), that I would NAVAL CORRESPONDENCE. 327 'comply with his honor's request. On the foUowing day McWilliams was released from conflniment. A ^J^\^^^ official assurance of the court, as well as from the inten- dente, that no ftirther testimony would be required from the men of the Baltimore m the investigation relating to the disorders of October 16, I transmitted the telegram (marked 49) informing you of the facts, and that I would proceed to San Erancisco, touching at Oallao forcoal. On the same day I transmitted a letter to our minister (marked 50), m which I informed him that I had been ordered to San Francisco; that the Boston would sail the same day from Montevideo, and I was satisfied that his relations with her captain ahd with the commander of the Yorktown would be as pleasant and agreeable as they had been with me. At the same time I inclosed copies of all correspondence I had had with the authorities at Valparaiso' up to the date of my sailing, so that his files in this matter are as complete in information as are those of the Department; Before leaving Valparaiso I transmitted to Commander Evans a copy ^ of the instructions of the oommander-m-chief to me (marked 6l), together with my own letter to him (marked 52). This cprrespondence completes the record of information relating to the unfortunate occur- rences of October 16 last. - ' In defense of the good character of my men on that occasion T reas- sert that the difficulty was in no sense a drunken street quarrel, such as the press of Valparaiso claimed was common to its streets, but that it was an unprovoked and brutal assault Upon unarmed and defenseless men. The killing of Riggin and the mortal wounding of TumbuU were cowardly assassinations, for no other i cause than that these men wore the uniform of the United Stiates. In the only interview that I had with Judge Foster Eecabarren, who is investigating the case relative to the disturbance, before he /was aware of the entire gravity of the matter, he informed me that he thought the assault upon my men was the outcome of hatred for our people among the lower classes, because they thought we had sympathized with the Balmaceda Government on account of the Itata matter, whether with reason or without he could of course not admit; but sAch, he thought, was the explanation of the assault at that time. In conclusion I have to inform you that I gave shelter and protection on board for about a month to one citizen of the United States, Dr. Stanley, whose life was in danger from the populace on account of the medical assistance he rendered to TurnbuU in getting him! to the hospital after he had been so grievously wounded; also to two other American sailors whose lives were in danger simply on account of the fact that they were Americans who had assisted my men on October 16. I)r. Stanley went on shore a few days before I sailed, as the excitement had subsided; the others I have given passage to San Francisco. A$ the consul's request, before leaving Valparaiso, 1 have taken on board for passage Oapt. Dickinson and his family and five seamen of the American ship Rappci,JianiiOGlc, loaded with coal and bound to San Francisco, but burned at Juan -Fprnandez about a month ago. As they lost everything they possessed and were destitute I acceded to ^he consul's request. \ I have the honor to be, si^, etc., • ' , W. S. Schley, Captain, U. S. Navy. 328 RELATIONS WITH CHILE. The Intendmte to Capt. Schley. (35) • [Trauslation.] Republica db Chile, Intendmoia of Valparaiso, November ^8, 1891. The judge of tie criminal court, in an official letter of the 26th instant, infonnB me as follows : " On the 20th of the present month a confrontation, with profitable results to the ffoocl success of the inquiry, was held before -this court, between several sailors of She Baltimore and the culprits in the process which it instituted, with reference to the disorders of the 16th, and although the undersigned is mainly interested in ter- minating as soon as possible this. already prolonged proceeding, the declarations of some of tlie sailors above alluded to make it indispensable to vacate the previous citations, and to hold a new confrontation between three of these sailors and other witnesses in the case. "It is also thought necessary to hear the account of the doctors who attended the dead sailors, after the examination ordered by this tribunal, and the opinion of a commission of experts, keeping in view the arms carried by the police during the disorders of the 16th, and the perforation of a neckerchief worn by James M. John- son, at the time when, according to him, he went to assist the murdered Riggiii, and which was first made by the ball that ended his (Riggin's) days, in order that it (the commission ) may then inform this tribunal whether the said perforation could or could not have been caused by the rifles with which the police were armed. "In regard to the medical report, as well as in regard to the technical commission which has just been referred to, I have thought it proper to appoint, as an evidence of the absolute impartiality with which this tribunal is proceeding, and of the de- sire to throw light upon the lamentable event which it is investigating, the surgeons of the Baltimore and one of the superior officers of that vessel to act in concert with the other experts designated by the court in this act of justice. "Giving expfessions to these ideas and to others which the continuation of the process requires, the court under date of the 2l8t of the present month, decreed, among other things, the following : "The declaration of James M. Johnson appearing to contradict that of the wit- nesses Vergara, Castro Jeria, Hernandes, and Iglesias, let a confrontation be held between all of them and Charles Langen, also a sailcw of the BalHmcfre. "The city doctors, Antenor Calderon and Daniel Carvallo, associated with the doctoi^ of the cruiser Baltimore, and with other medical men who may have seen Biggin before and after his autopsy, will inform this tribunal: (1) Whether the shot wound which produced the death of that sailor was caused by a revolver ox » rifle, given the caliber of the projectile and the effects of tie same, and, in case the last (s resolved upon, if it could hav« been from the rifles or carbines used by the police, examples of which will be placed at their disposition, and (2) whether the nature and gravity of the wounds inflicted by a cutting Instrument, rather than the shot wound might have removed the same Riggin, and the probable time neces- sary for the cure of these wounds. "'Be pleased to ask information of the doctor who examined sailor Trumbull, whose real name is TumbuU, in his last illness, regarding the precise causes and reasons of his death. " ' Be pleased to name a commission of experts composed of Commander Vicente Zegers Recason, Lieut. Col. Jose Maria Bari, and Lieut. Henry McCrea, of the cruiser Baltimore, in order that, keeping in view the neckerchief delivered by sailor Johnson during the confrontation, and the rifles and carbines with which the police were armed during the disorders of the 16th, they may inform this court whether the holes which are noted in the mentioned neckerchief have or have not been pro- duced by a ball shot made with these arms. " 'Be pleased to send an official letter to the intendente of the province, in order to obtain throurfi him from the captain of the Baltimore, the exact descriptive list of the deceased W. Turnbull, and to ask that the witness Eugene Frank be cited in order that, given the descriptive list of that sailor, he may make clear whether he was or was not the person that the culprit Carlos Gomez wounded. The same Gomez and Frederico Jensten will also make declaration regarding the same.' "I beg you, therefore, that, in order to give completion to the decree, having' transcribed this, you will be pleased to transmit the present communication to the captam of the Baltimore, that he may grant the necessary permission to the doctor of that ship and to Lieut. MoCrea, in order that both may accept the commis- sions which this tribunal commits to them, and that he may arrange in the same manner the confrontation of the sailors Johnson, Langen, and John Davidson, who, NAVAL CORRESPONDENCE. 329 according to the before-mentioned decrfee, will be brought face to face with the in- valid sailor Adrian Bravo, indicated in the last appearance when brought 'together as one of the promoters of the disorders of October 16. The same captain will be good enough also to remit by means of your ofiQcial intervention the other facts which this court has thought necessary to ask, notifying him that the ^aUor Turn bull having died on board the Baltimore, the doctor who attended him in his last illness must belong to the same cruiser. " Counting on the acquiescence of the captain of the Baltimore, the court fixes the 30th, from 2 to 3 p. m., for the hearing of the new confrontation that has been ordered. "In conclusion, Mr. Intendente, I must add that, in order to preserve the dignity of the proceedings of this court during the continuance of the confrontation held on the 20th, it was necessary to remove by force one of two sailors of the Baltimore who presented themselves in- the courtroom in a state of intoxication, and whose behavior necessitated his removal. ' I'The court could better have punished for itself the lack of respect which these Bailors committed, but as a demonstration of especial kindness toward the represent- atives of the Navy of the United States in this port it consented that they should be taken back to their ship, being satisfied with the full excuses that Lieut. McCrea, who had charge of the sailors that were giving their declarations, made for this same act, and with the formal promise that their fault would be severely punished on board of the same cruiser. « "In recording in this note that strange incident of the confrontation, I have no other purpose than that of .calling the attention of the captain of the Baltimore to the inevitable excesses that seamen deliver themselves up to always when they come on shore, even when it may be to appear at the citation of a tribunal of a friendly nation which offers them hospitality, and even when they may be under the imme- diate watch of their respected and honorable chief who conducts. ^ "Perhaps that incident will acquaint the captain of the Baltimore better than the actual proceedings of the trial the real origin of one of the causes that must have had much influence in the disorders of the 16th of October." Which I have the honor to transcribe to you in order that you may be kind enough to assist, if you please, the action of justice in this grave business. God guard you. J. DE Ds. Aelegui. Capt. Schley to the Intendente. (36) U. S. S. Baltimokb, Valparaiso, Chile, December 1, 1891^ Sir: I have the honor to acknowledge the receipt of your letter of November 28", ■which reached my hands about 1 p. m. of November 30, too late to make the arrange- ments suggested by his honor for the meeting of the experts, as well as for a new confrontation of witnesses who have already testified in order to clear up certain points, etc. I have the honor to suggest that Coal-heaver Jerry Anderson, one of the wounded^ and Coal-heaver L. A. Wallace, the companion who was with him when attacked and stabbed on the afternoon of October 16, may be examined by the court; also that Peter Johnson, Pliancia, Frederick , boatswain fiscal mole, the keeper of the " Stag" saloon, boatman No. 300, the keeper of the "Royal Oak" saloon, Robert Lindsay, sailor, and Charles Lanotot may be examined by the court. All these persons can bear witness to facts pertinent to the issue. I have the honor to be, very respectfully, W. S. Schley, Captain, U. S. Navy. (37) (See telegram of December 4, Mr. TTaoy to Capt. Schley.) (38) (See telegram of December 5, Capt. Schley to Mr. Tracy.) 330 RELATIONS WITH CHILE. Capt. Schley to Mr. Egcm. (39) \ U. S. S. Baltimoeb, Valpcvraiso, Chile, December S, 1891. Sir: I have the honor to transmit the last letters which refer to the occurrence of the 16th of October, and I would state that I acceded to the request of the judge for a commission of experts to confer with reference to the character of the shot which ^I Vonil^tate that the testimony of the men mentioned in his honor's letter was Eiven before him yesterday; as well as that of Jerry Anderson, coal-heaver, one of .ftose wounded on October 16, and Coal-heaver L. A. WaUace, m the presence of Lieuti McCrea of this ship, under the same rules observed on the 20th ot Novem- ber, when the other witnesses appeared. This, I hope, wiU conclude the matter as far as the Baltimore is concerned, and at aU events, completes the controntation m the case up to date. , .. , ^^ -u i- x.- Referring to that part of the judge's letter relating to the appearance before him of two of my men in a condition of intoxication, I would say that his letter makes it appear that these men came in such a state before the court to testify. This is not the fact at all; they had already given their testimony and had appeared to sign the court copy of the same. The letter of his honor is written to the public more than to myself, and is evidently intended to create prejudice in the public mmd similar to that which this communication shows to exjst unquestionably in his own. Very respectfully, W.S.Schley, Captain, U. S. Naey. Capt. Schley to the Intendente. (40) U. S. S. Bali-imorb, Valparaiso, Chile, December S, 1891. Sir: In reply to his honor's letter informing me that one of my men was discour- teous to him by appearing in his presence drunk, I have the honor to inform yon that I have approved the sentence of the court-martial, which adjudged a punish- ment of, solitary confinement of thirty days in double irons on bread and water, and the loss of three montbs' pay. I beg, at the same time, to correct the impression given by his honor's letter, that the witness was so intoxicated that he could give no testimony. His testimony had already been given and the man was unable to sign it when authenticated and ready for signature two or three hours later. It was for this disrespect to the judge in appearing before him intoxicated that I ordered him court-martialed and ap- proved the court's sentence in its entirety. I have the honor to be, sir, very respectfully, W. S. SCHLET, Captain, U. S. Navy. The Intendente to Capt. Schley. [Translation.] Republic of Chile, Intendenoia of Valparaiso, December 6, 1891. I have had the honor to receive your offlcial letter of the 3d, in which yon are good enough to communicate to me that you have approved the sentence which the court- 'martlal on board your ship had imposed upon the sailor who presented himself in- toxicated before the criminal court of this city on the day in which their declara- tions were taken, referring to the events of the 16th of October last. The intendencia has transcribed your mentioned communication to his honor the judge of crimes for the purposes in view. God guard you. J. DE Ds. Arlkgui. NAVAL COKEESPONDENCE. 331 (42) (See telegram of December 6, Capt. Schley to Mr. Tracy.) (43) (See telegram of December 8, Mr. Tracy to Capt. Schley.) Ccupt. Schley to the Int&ndente. (44) Baxtimorb, Valparaiso, Chile, December 9, 1891. Sir : I have the honor to request that yon will inform me whether his honor the judge of the criminal court will require any farther testimony from the men of the Baltimore in the process now ;^ending relative tcj the disorders of the 16th of October. I would be greatly obliged if your excellency will favor me with this information at the earliest practicable moment. I have the honor to be, sir, very respectfully, W. S. Schley, Captain, U. S. Navy. The Intendente to Capt. Schley. . (45) [Translation.] Republic op Chile, Intendencia of Valparaiso, December 9, 1891. I have the honor to acknowledge the receipt of your official letter dated to-day, in which you are good enough to ask this intendencia if there will be any necessity for further testimony of other sailors with respect to thel disorders which took place on the 16th of last October. Notwithstanding not having received an official reply from his honor the judge of the criminal court, to whom I have transcribed your official note, I am able to anticipate to you, without prejudice in transmitting later the reply which I am ex- pecting from the court, that I believe there will be no further need of the appear- ance before the judge of the sailors of the Baltimore, inasmuch as all the citations referring to them are completed. God guard you. • J. DB Ds. Arlbgui. The Intendente to Capt. Schley. (46) [Translation.] 1 Ebpublic op Chile, Intendencia of Valparaiso, December 10, 18 91. His honor the judge of the criminal court, in an official letter dated yesterday, in- forms me as follows : "The undersigned has to advise the receipt of your note. No. 3629, of the 5th of the present month, in which you are kind enough to transcribe a communication from the captain of the cruiser Baltimore giving an account of the approval of the sentence pronounced on board said cruiser by a court-martial against one of his crew for the offense committed against this tribunal in presenting himself drunk at the hearing of the 29th (?) of November last, the day on which the confrontation took place to which several sailors of that vessel and the culprits in the cause had been opportunely cited. 332 ' RELATIONS WITH CHILE. •'In thanking the captain, through the authorized channel of yourselfi for the delicate zeal with -which he has proceeded to pilnish the offense committed in this tribunal by one of his men, I make it a duty to state that the undersigned'is fully satisfied with the procedure adopted ; and now that the respect due to the tribunij ha« been upheld, the undersigned would be particularly pleased if the remaining time of punishment of the sailor before alluded to were remitted, if this suggestion is not contrary to the rules and practices of the U. S. ,Navy. " Since from the note sent to you by the captain of the Baltimore it appears apart that this commanding ofiloer has believed that the undersigned, in communicating to you in his note (No. 412) of the 26th of November last, regarding the state of intoxi- -cation in which some of the sailors of that ship presented themselves before the tribunal, wished to give the idea that the sailor who was removed from the hearing by force had not been able to give his declaration. I must add that in my men- tioned note there will not be found the assertion relative to the fact to which the -captain alludes. On this account, and in order to avoid ambiguities and to leave a fixed idea, I believe that the sailor referred to gave his declaration without any trouble whatever, and that he became intoxicated during the time in which_, with permission dt the tribunal, he remained outside of the court room together with his •other companions, while the declarations which all had made in English were being translated into Spanish. When the work was completed and the sailors were re- ■called was when the bad condition pf two or three of the sailors was noticed, and especially the one punished by the court martial on the Baltimore. "Besides, it is exact that the verification of the testimony of witnesses was possi- bly as soon as the trouble ceased, by which the last of the sailors spoken of rendered himself liable to punishment. "1 inform you of this in reply to your previously mentioned note, and in order that you may be kind enough to transcribe the present contents to the captain of the ■cruiser Baltimore." Which I transcribe to you for your information and purposes in view. God guard you. ' J. DE Ds. Arlkgui. The Intendente to Capt. ScMey. (47) [Translation.] Eepublic of Chili, Intendencia of Valparaiso, December 10, 1891. Although in my official letter of yesterday I had the honor to inform you that in my opinion there would be no necessity for further explanations from the saUors of the cruiser under your command, relative to the unfortunate occurrence of the 16tii ■of October, I have to-day the pleasure of transcribing to you the official letter in which his honor the judge of the criminal court confirms my private impression which I transmitted to you. The official note of his honor the judge of the criminal court is as follows : " In replying to your note, No. 3661, dated to-day, I am glad to inform ypu that, according to the certification of the clerk of the court in the case, there no longer xemains any pending declaration or citation of the sailors and crew of the Baltimore in relation to the disorders of the 16th of October last. " Consequently the undersigned believes that the advanced state of the process wUl not require in the future proceedings the appearance of the iadicated sailors." Which I have the honor to communicate to [you] for your information and other -purposes in view. God guard you. J. DE Ds. Aklkgui. Capt. Schley to the Intendente. (48) U. S. S. Baltimoeb, Valparaiso, Chile, December 10, 1891. Sir: I have the honor to acknowledge the receipt of your excellefloy's two com- munications of this date, referring to incidents of the trial now in progress relative to the unfortunate occurrence of the _16th of October last, and the absence of further necessity for the appearance of my men. NAVAL COREBSPQNDENCE. 33$ «^J^lT'^]^^f wi,*,^* request of Ms honoi' to remit the unexpired term of the oott- ^f^t. of MoWiUiams, I have the honor to state that in deference to hi« wish I aball be pleased to accede to his request. I have the honor to be, sir, very respectftilly, "W. 8. SCHLBY, Captain, U. S. Naoy, Reports will leave to-morrow for San Francisco, « Capt. Schley to Mr, Egan. (50) (See correspondence, Department of State.) Capt. Schley to Mr. Tracy. (49) [Telegram.] Valparaiso, December 10, 1891, Bear-Admiral Brown to Capt. Schley. (51) U. S. FiAGBHip SAif Francisco, Valparaiso, CMle, September 14, 1891. Sib: I wUl sail to-day in this ship for San Francisco, Cal.^ via Callao and Aca- Sulco. You will remain on this coast until yon receive other instructions ftom the avy Department or &om me. I have no special instructions to give you, but you will be guided by those of the Department, addressed'to me, as contaiued in its letter of the 26th of March, 1891, a copy of which has been furnished you. You will report directly to the Navy Department by letter and cable such events of importance as may occur, sending copies to me. I have informed the Department, by cable, that in my ttpinion, the services of the Baltimore would not be required on this coast for a much longer time. My address will be. Care of Navy-Pay Office, San Francisco, Cal. Very respectfully, .Geo. Brown, Bear-AAmi/ral, V. S. Navy. ' Capt. ScKley to Commander Evans. (52) U. S. S. Baltimore, VaVparaAso, Chile, December 10, 1891. Sib: I have the honor to inform yon that in obedience to orders received ffom the honorable Secretary of the Navy,, I will sail with this vessel for San Francisco, Gal., on Friday morning at 9 o'clock. My instructions from the commander in chief of the Pacific squadron are inclosed 334 RELATIONS WITH CHILE. for youi informatioB and guidance. Supplementing these instractions, the Secretary of the Navy directed me to avoid, as far as possible giving offense to Chilean anthor- ities. '< My orders are to proceed to San Francisco with dispatch. I shall stop at Callao for ooal and news and will go &om there direct to San Francisco. The report of the attack upon my men with copies of all correspondence I hare had with the intendente of Valparaiso are in the minister'B possession at Santiago, as I was directed by the Secretary of the Navy. I would advise you to put yourself in communication with the minister at the earliest moment after my departure. In leaving this port I shall take with me the captain and his family, and also five sailors from the American ship Rappahannock, burned at Juan Fernandez, all of whom are destitute : but I wUl not allow any political refugees to take passage in the ship. If such should be reported, as doubtless will be the case after I sail, you may authoritatively deny it. Very respectAiUy, W. S. SCHLBY, , Captain commanding, senior officer present. Commander E. D. Evaits, U. S. N., Commanding U. S. S. Yorktown, third rate. Gommcmder Uvans to Mr. Tracy. [Telegram.] VAI.PAEAISO, January 4, 1893. Gapt. Evans summarkes the review of the procurator fiscal of the testunony taken by Judge Poster, as follows : (1) The riot on the 16th of October was caused by sailors from the Baltimore, who were drunk, and attacked drunken Chilean sailors, and from this the riot spread; (2) that Charles Eiggin was kiUed by a pistol shot fired by a party unknown; (3) the evidence of the ofQcers and crew of the Balti- more is thrown out as being conflicting; (4) no complicity or participa- tion in the riot on the part of the police; (6) four men found guilty of taking part in the riot and beating and stabbing men of the Baltimore, and sentenced to various terms tof imprisonment. Capt. Evans reports the following condition of affairs at San- tiago. General feeling there and at Valparaiso is unfriendly to the TJnited States; new cabinet conservative but noncommittal, witii the exception of the minister of foreign affairs, who expresses friendship and hopes for a speedy adjustment of matter. The United States legation sheltering eight refugees and being watched by police in uniform and spies in plain clothes; is virtually a prison. Spies were taken away while Capt. Evans was there. Mr. Tracy to Oapt. Schley. [Telegram.] Kaw Department, Washington, January 5, 1892. The Department advises Oajpt. Schley, at San Francisco, that a re- port; has come from Valparaiso to the effect that all the Baltimore men examined by the court, except two, approved the conduct of the police, ana asks as to its correctness. NAVAL CORRESPONDENCE. 335 Mr. Tracy to Gap. 8chley. [Telegram.] Navy Department, Washington, January, 5, 1892. The Department advises Capt. Schley, at San Francisco, of a re- port from Valparaiso that the evidence ot the officers and men of the Baltimore was thrown out because of conflicting statements, and asks for information. Mr. Troffy to Commander Hvans. " [Telegram.] Navy Department, Washington, January 6, 1892. Mr. Tracy asks Commander Evans, at Valparaiso^ if the third finding of the procurator, as given in telegram of the 4th instant, is completp or is an abstract, and instructs him to send it in full if not too long. Capt. Schley to Mr, Tracy, [Telegram.] Mare Island, Oal., January 7, 1892, Capt. Schley reports that Lieut. McOrea states that none of the Baltimore men gave testimony approving the" conduct of the police and thinks that this question was carefully evaded by the judge. In the report of the board of officers as to the character of the shot hole through Johnson's shirt and handkerchief which kUled Riggin the Chilean and American experts disagreed. The Chilean said it was made by a pistol and the expert frpm the Baltimore by a rifle. Commander llvaas to Mr. Tracy. [Telegram.] Valparaiso, January 7, 1892. Summary of the procurator's review was an abstract; his analysis of the evidence of the officers and crew of the Baltimore being very long, the conclusions were telegraphed. The judge of crimes has been re- quested to condemn as follows: Eodrigues, 61 days to 541 days im- prisonment: Gomez, three to five years; John Davidson, of the Balti- more, 541 days to three years; Ahumada, the same; Carthy's sentence awaiting further evidence, and he is admitted to bail. 336 RELATIONS WITH CHILE. Commcmder Evans to Mr. Tracy. [Telegram.] Valparaiso, January 9j 1892. Commander Evaus reports that on the previous afternoon his gig was stoned by three men from a crowd of bad character while the boat was waiting for him off the landing place, and that no one was injured. He states that he called immediately upon the senior Chilean officer afloat and requested him to notify the police authorities of Valparaiso that he demanded their efficient protection, and that if the offense were repeated Oapt. Evans would take the matter in his own hands and protect his men with arms. Much regret was expressed by the officer, who went at once to the police, and assurances are given to-day that the parties will be punished and protection given. The Chilean senior naval offi- cer informed Capt. Evans that a plot had been discovfered to attack the American legation and that the parties had been arrested. Commander Evans to Mr. Tracy. [Telegram]. Valparaiso, Chile, January 9, 1892. 1 Capt. Evans reports from Valparaiso that the United States min- ister came aboard this morning with two refugees from the American legation, namely, John and William McKenna. They will be pro- tected on board the TorJctown until a steamer starts direct for Gallao. Mr. Tracy to Gommamder Evans. [Telegram.] Navy Department, Washington, Janvury 13, 1892. Mr. Tracy quotes Capt. Evans's telegram of the 4th, that the procurator, in his summary, " found evidence of the officers and crew of the Baltimore conflicting, and therefore thrown out." He is in- structed to report if these words, or their equivalents, are in the siua- mary or are the inferences of Captl Evans from the procurator's re- view. • Gommamder Evans to Mr. Tracy. [Telegram.] Valparaiso, January 13, 1892. Oapt. Evans reports from Valparaiso that there had been re- ceived on board the Yorhtown this morning five refugees from the United States legation, and two from the Spanish legation, escorted by the ministers of Italy, Spain, and th§ United States, and that all of the refiigees are now out of the United States legation. The gen- tlemen received will leave by steamer of the 16th for Europe. NAVAL CORRESPONDENCE. 337 Commander Evans to Mr. Tracy. * [Telegram.] 1 Valparaiso, January 14, 1892. Eeferdilg- to the Department's telegram of the 13th, Oapt. Evaps states that the words used in his telegram of the 4th, or their equivalents, will be found in the review of the procurator. The evi-' dence of the oflQcers of the Baltimore was thrown out as not agreeing with the OhUean experts. The evidence of' the men of the Baltimore thrown out as conflicting. , Commander Hvans to Mr. Tracy. , [Telegram.] Valparaiso, January 16, 1892. Capt. Evans reports that he is informed by Mr. Egan that the Chilean minister of foreign affairs has changed his mind about the ref- ugees now on board the YorMown, and that they may be taken out of any merchant vessel touching at a Chilean port by the local authorities. That arrangements had been made for all of them to sail to-day, but this change of base on the part of the minister of foreign affairs com- pels Capt. Evans to keep them on board. , ' Capt. Evans requests instructions about taking them to Mollendo or OaUao, as no steamers go direct from Valparaiso to foreign territory. He farther reports that this unexpected action is due, as the minister states, in part to Capt. Evans saluting the Spa.ni8h minister on his coming aboard with the refugees. Capt. Evans states that he has requested Mr. Egan to say to the minister of foreign affairs for Chile that he (Capt. Evans) is responsible to his own Government and not to- that of Chile in such matters, and that he considers the criticisni offen- sive and will not accept it: He states that the course of the minister of foreign affairs in this matter seems unworthy of the representative of a serious government. Mr. Tracy to Commander Evoms. [Telegram.] I^TAVY DEPARTMEIifT, Washington, January 18, 1892. Mr. Tracy orders Capt. Evans to take the refugees in the Yorhtown to Callao, d,nd to report his arrival. [From La Patria, Valparaiso, October 17, 1891.] THE GRAVE DISORDERS OF YESTERDAY — MURDER AND BLOODSHED. Yesterday at about 5 :30 p. m. a goodly number of American seamen, in an intoxicated condition, assaulted a Chilean citizen, an incident which has brought with it grave consequences, and which we will nar- rate in best possible manner, notwithstanding that the act or acts were 22 338 RELATIONS WITH CHILE. m extremely obscure aud nothing could be learned about tjie affiair witli any degree of certainty. AVe combine in our narrative what we remember, and what we have gathered from the versions and data furnished by the police. At abouft5:30 p. m. there were heard in the Calle de Marquee alarm- ing cries, which, came from a number of Chilean sailors and citizens ■ who were moving along the above-mentioned street, and pursuing two North American sailors of the five which had assaulted the Chilean to whom we have referred above. The Yankees, as soon as their pursuers gave chase, went by way of the Calle del Arsenal towards the city car station. In the presence of an ordinary number of citizens, among whom were some sailors, the North Americans took seats in the street car to escape from the stones which the Chileans threw at them. It was believed for an instant that the North Americans had saved themsehes from popular fury, but such was not the case. Scarcely had the car begun to move when a crowd gathered around and stopped its progress. Under these circumstances and without any cessation of the howling and throwing of stones at the North Americans, the conductor entered the car and seeing the risk of the situation to the vehicle ordered them to get oxit. At the instant the sailors left the car in the midst of a haU of stones, the said conductor received a stone blow on the head. Olie of the Yankee sailors managed to escape in the direction of the Plaza Wheelwright, but the other was felled to the ground by a stone. Managing to raise himself from the ground where l^e lay, he staggered i^ an opposite direction from the station. In front of the house of SeBor Mazzini he was again wounded, falling then senseless and breathless. After awhile several police officers ar- rived. This was at about 6 :15, a little earlier or later. A few minutes thereafter two sailors from the Baltimore arrived on the scene, aud picked up the injured man and escorted him under the guard of the police. At this instant a large crowd of police and popu- lace emerged from the Calle de Valdivia, and from this dense crowd was fired a shot in an oblique direction, wounding the sailor who was being carried by his companions. Immediately was seen a citizen run- ning from the crowd in the direction of the CaUe de Marques, making for the hiU de Arrayan. He was at once pursued by the police, but to no avail, as he was not captured. These incidents continued to increase until the mole was reached. Several boys came running and howling that the Yankees were killing Chilean sailors. On hearing this the boatmen and sailors of the vessels of the national squadron began running furiously like one man to the place indicated, becoming from that moment an infernal mob. The North Americans who had come ashore in the morning in large numbers, seeing themselves threatened on all sides, began to unite and make a stand near the Plaza de Echaurren and the Calle Blanco. In these places the disorders assumed colossal proportions, since the assaulted party repelled vigorously the attack, in which a great part had already been taken by the populace, which always avails itself of such occasions to increase confasion. At the same time, in other streets of the port the Yankee sailors fought fiercely with the people of the town, who believed to see in them incarnate enemies of the Chilean navy. ^On this account, while the police assisted at first they were im- potent to check the numerous fights stirred up on all sides, until finally It was necessay to bring in soldiers from the central guardhouse. NAVAL CORRESPONDENCE. 339 The commandante of police, the judge of crimes,' and Mayor Ferreira hastened together to the places of disorder, and found it a serious difficulty to disperse the mob. The number of wounded in this uncommon disorder is yet unknown, as there are many who were taken to their homes, and others concealed for fear of the police putting them at the disposition of the judge of crimes. Of the Yankee sailors who were admitted to the hospital last night, the following were wounded : J. W. Talbot, two poniard stabs in the back, serious. John Hamilton, carpenter, stone wounds on the head, and contusions on the body. G. Panter, wounded in the mouth slightly and in the neck, with a knife. William Turnbull, seriously. J. H. Davidson, seriously. Killed : Eiggin^ boatswain's mate. The body of this one was found ia the Calle del Arsenal, between Oalle de Valdivia and Calle de Marquez. He had a wound in the right side of the neck, apparently by a bullet, since previously there, had been heard in the same direction a loud detonation. Ifotwithstanding it was said by a North American sailor that the name we give is the name of the same man, we saw on his right forearm below the U. S. Arms, these two initials, C. W., which probably corre- spond to his name. i > For these disorders were last night apprehended and placed at the disposition of the judge of crimes, the following Iforth American'sailors, aU from the crew of the cruiser Baltimore, together with the wounded and the dead already pientioned : " ' ' J. Hodge. C. Boyle. Mac "Williams. T. Snuth. :t«reil Bovill. G. Gluth. J. Bulton. W. Brown, David Cass. 0. G. Williams. J. W. Eudinspn. W. H. Nichols. H. Prederiks. N. Janet. ^ J. Homws. P. Johuson, ' Donket. H. Curmhangharn. A. Priflfins. Melsen. A. Swanson. 1. Gallagher. ^ Christian. C. WUleland. W. Sacry. W. SaUow. H. Dowry, J. MacPraide. Patrik Gagan. T. Prety. Chilean . sailors : Satauel Mendoza, Desiderio Castellanos, Pedro Plaza, Guiilermo Hidalgo, Jos6 Ahumada, and six others. No more Chilean sailors have been apprehended, because they almost all hid as soon the police came up. INQUIRY CONDUCTED AT MARE ISLAND, CAL., BEFORE U. S. COMMIS- SIONER J. S. MANLET, BY JUDGE-ADVOCATE-GENERAL W. B. REMEY, U. S. MARINE CORPS, WITH THE CIRCUMSTANCES OF THE ATTACK UPON SEAMEN OF THE "BALTIMORE" AT VALPARAISO, CHILE, OCrOBER le, 1891. December 31, 1891. SiB: Tjpon the arrival of the TJ. S. S. Baltimore at Mare Island, Oal., you wiU make a thorough examination into all the circumstances con- nected vdth the attack on a portion of the crew of the TJ. S. S. Baltimore, at Valparaiso, Chile, on the 16th of October last. You will be careful to conduct this examination with absolute fairness and impartiality, and with a view to ascertaining, with the utmost accuracy and fullness, the exact facts of the case. The commanding officer of the Baltimore has been directed to famish you with copies of all papers bearing on this matter, and to assist you, by every means in his power, in the performance of this dutyl Very respectfaUy, B. F. Tkact, Secretary of the Ma/oy. Col. W. B. Eemet, F. S. M. C, . Judge-Advocate-General, Washington, B. G. IN THE MATTER OF THE EXAMINATION INTO THE CIRCUM- STANCES OP THE ATTACK ON A PORTION OP THE CREW OP THB'TJ. S, S. BALTIMORE," AT VALPARAISO, CHILE, ON THE 16TH DAY OP OCTOBER, 1891. DEPOSITION OP JOHN WILLIAM TALBOT. Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Eemey, TJ. S. M. C, Judge Advocate-General of the TJ. S. If avy, by order of-the Secretary of the IsTavy, held, at the Office Building of the IsTavy Yard, Mare Island, California, and on the Tth . day of January, 1892, before me, James S. Mauley, a Commissioner of the Circuit Court of the United Startes for the Northern District of Cali- fornia, duly appointed and qualified, personally appeared JohntWil- liam Talbot, who, after being duly cautioned and sworn, did depose and say as follows, to- wit: — John William Talbot, having been duly sworn, testified as fol- lows: JxTDas Advocate General. — Q. State your name, rating, and sta- tion. — ^A. I am a seaman apprentice, 2nd class. Q. What is your name? — A, John William Talbot. Q. You are a seaman apprentice on what ship? — A. On the TJ. S. 8. '< Baltimore". 341 3i2 RELATIONS WITH CHILE. Q. Were you attached to the "TJ. S. S. Baltimore ", in your present rating, when that vessel was in Valparaiso, on the 16th day of October, 1891?— A. Yes sir, I was. Q. Did you go on shore at Valparaiso on that da^, on liberty?— A. Yes sir. Q. At what time did you leave the ship? — A. I left her about one o'clock. Q. How many others of the crew, about, were with you on liberty at that time? — ^A. About 60, I think; three cutter loads. Q. Were there others went later, on the same afternoon ? — A. Yes sir; at three o'clock there were others went ashore. Q. Do you know of any difficulty or disturbance which occurred on shore at that time, at Valparaiso, between any Chilean sailors or others, and the crew or a portion of the crew of the " UT S. S. Baltimore" on shore at that place, on leave at that time? — A. Yes sir. Q. That is, the 16th day of October, 1891?— A. Yes sir. Q. State all the facts and circumstances wittiin your knowledge, re- lating to that disturbance or difficulty. — A. The man that was killed. Biggin, and myself were together from the time we left the ship' until we went ashore and got our money changed. We had the money ex- changed right near the dock; and we went down towards another end of the town, I think it was; the Plaza Victoria; that is the eastern end. There were four of us : Downie, Honnors, Eiggin iand myself. We went into a saloon, and were there about 15 minutes, sitting down. We were in there about five minutes when Davidson came in ; and after that Charles Eble, Vandam, and Wilson came in. Q. Are those mem members of the crew? — A. Yes sir. We left there, and we crossed the Plaza Victoria into another place, and were there • about ten minutes longer. And there were five or six more of the crew came to that place. They were the apothecary, two machinists, and two firemen. Q. Look at this -diagram and see if you are familiar with it. — ^A. Yes sir; 1 understand it. We came out of that place, and we walked down that street there, about that street there for probably an hour more. Q. What street do you mean ? — A. The street where that saloon was. I don't know the name of the street. The four of us that were together, Downie, Honnors, Eiggin and myself, got into a cab and came away around the western part of the towu; and we stopped at a saloon called the " Shakespeare ", and we went in there. Dowaie and Honnors had left us ; they went to get a shave. Eiggin and I went into the " Shakes- peare", and the man said he was going to close up; he said that there was a crowd going to attack us. Q. You say you went into the " Shakespeare ". What is the " Shakes- peare"?— A. The " Shakespeare" is a dance hall and saloon. Q. Go on. — A. The man said he was going to close up, and we would • have to go out. Q.» Who said that?— A. The keeper of the saloon; the man who run the place. He told us that a crowd of disbanded sailors and soldiers were going to tackle us that afternoon. Q. What time of day was this?— A. This was about three o'clock in the afternoon, I think. Q. What is the name of the proprietor of the "Shakespeare" saloon? — A. I don't know his name. Q. You say he told you and Eiggin that you were to be attacked!— A. He said there was going to be trouble. He said they were getting ready to tackle us. BALTIMORE INQUIRY. 343 Q. To wliom did iie refer when lie said that ybuwere to be attacked 1 — A. The whole crew ; all the liberty party. Q. By whom- did you understand you wfere to be attacked'?— A. By the Chileau sailors, and disbanded sailors and soldiers; the roughs o£ the town. Q. Did you understand from him why you were , to be attacked by those people? — A. We didn't pay much attention to it; we laughed at it. We laughed at him. Q. Did he say why ?— A. He didn't say. He said there was going to be trouble; and he didn't want to have any of it going on in his house, Q. Why did he anticipate trouble that day, as you understood it?-^ A. I suppose he had heard them talking about it. I don't know. Q. You suppose he heard them talking about what? — A. I suppose he heard the natives talking about us. Q. Who do you mean by "Tis"? — A. About the crew of the "Balti- more". Q. Then you understood from what the proprietor of the " Shake- speare" said to you and Eiggin, that he expected or anticipated trouble because of the fact that a poijtion of the "Baltimore's" crew was on shore? Is that what you mean? — ^A. Yes sir. Q. Well, go on? — ^A. When we left there, we turned a corner and went up a street right around the corner from that place to another place, to a dance hall called "The Home of the Free"- It was close by; it is on a hill. We passed it and went into another saloon right alongside of it, and we wre in there may be an hour. Q, What saloon was that; the last one you referred to?^A. It is called the " True Blue ", I think. Q. "The True Blue" Saloon.— A. Yes sir. Q. I want you to locate on this tracing of a portion of the city of Yal-. paraiso, the position of the saloon to which you last referred as "The True Blue". Locate it here. Andl also want you to locate the " Shake- speare" Saloon. — A. I think it is about here. (Showing on tracing). Q. The "True Blue" Saloon was here? — A. Yes sir. Q. This " TrueBlue",is on the Oalle de Arsenal? — A. Yes sir. Q. And the other saloon is near it? — A. Yes sir. Q. And both saloons near the Calle Echaurren? — A. Yes sir. ' Q. The "True Blue" is-on the Calle de Arsenal? — A. Yes sir, Q. The "Shakespeare" is where? — A. It is near the "True Blue", but on another street, Qftlled the Plaza Echaurren. Q. Who ^s Eiggin, to A^hom you referred in your testimony? — A. Hp was the boatswain's mate aboard the ' Baltimore.' Q. He was boatswain's mate on board the U. S. S. "Baltimore?" — A. Yes sir. Q. WTiat were his initials ? What was his name? — A. Charles War- ren Eiggin. Q. You and Eiggin, then, were in this saloon, went into this saloon, the 'True Blue,' together? — A, Yes sir. Q. What time of day was this? — A.' It was about half past tlu'ee, I think; but I wont be very sure about the time. Q, You want to state as near as you can what time it was.? — A. It was half past three o'clock. •Q. How long had you been ashore then? — A. We left the ship about one o'clock that afternoon. Q. Then you had been ashore about two hours, had you, when you went into this saloon? — A. We had been ashore about two hours and a half when we went in there. 344 KELATIONS WITH CHILE. Q. Were there any other persons in the saloon when you and Eig- gin went in together? — ^A. Yes sir. Q. You and Riggin enterted the saloon together, as I understand you? — A. Yes sir. Q. Were there any other members of the crew of the U. S. S. "Bal- timore" in there at that time? — A. Yes sir. Q. Who were they? — A. Anderson, Wallace, WUlis, and WiUiams, Q. Go on. — A. We stayed there. Q. Who do you mean when you say "we"? — A. Eiggin and myself. Q. You remained there Wow long? — ^A. We remained there about 20 or 25 minutes; may be half an hoar. Then we started out to go to the other end of town; to go away from that part of the town aU together. Q. To which end of the town? — A. To the east end; up where we had been before. Eiggin went out first; he started out ahead of me, and I stopped to speak to somebody in there. I think it was the woman that kept the bar. Q. You think it was who? — A. The woman that kept the bar. Eig- gin was about the middle of the street "when I got to the door. I was standing at the door with my head turned in towards the saloon, and I looked around, and Eiggin was talking to a Chilean man-of-warsman in the middle of the street. And the Chilean seemed to be putting him- self up as though he was getting ready to fight; and I ran across the street, and asked Eiggin what was the matter. I forget what he told me now. He said something about the Chilean trying to pick a row with him, or something like that. And I got between the two of them, and shoved them one side. I turned to the Chilean, and I told him to go off; and he stepped up closer to me, and spit in my face; and then I Knocked him down. Q. What was this Chilean that you refer to now ? Was he a Chilean sailor ? — A. Yes, sir; he was a man-of-war's man. Q. Was he in the uniform of the Chilean navy ? — ^A. Yes, sir. Q. At this time were there many people in the street in the immediate l^^j vicinity of where this took place ? — A. I didn't notice, anybody right at that minute; but about a minute afterwards the street was ftdl. Q. Gro on with your story. — A. They seemed to come out of every door, and crowded after us, and we ran. Q. When you say "we", say who it was. Do you mean that Eiggin and you ran ?— A. Yes, sir. I knocked the man down, and then Eiggin and myself turned around and ran. We ran down tile Oalle de Arsenal. We ran the wrong way; if we had run the other way, we would have beeu all right. We ran this way. to the westward. Q. You ran down this Calle de Arsenal ?— A. I tliink it was that street. Q. The street where the saloon was?— A. We turned the comer. There was a horse car coming to meet us, and Eiggin jumped on the car, and I tried to pull him out. Q. Go on.— A. I didn't have time to pull him out. The crowd was behind me, and I could hear them hollering. I could hear the crowd yelling behind me. I jumped in the car with him then, and told him to come out and go the other way. He jumped in the car, and I went after him. The mob was around us in a second. The car stopped as soon as we got in. The mob took cobblestones and broke in the sides of the cars and smashed the windows. Q. Were these cobblestones thrown by the crowd ? — A. Yes sir. They told us to come out; hollered for us to come out. But we stayed > in there. They kept firing bucks and cobblestones until the car was ' all smashed; all the windows and casements and the doors were all BALTIMOEE IN'QUIEY. 345 smashed to pi6ces. And -we were just, about to make a break out our' selves, when three or four men came in and told us to come outj that they would protect us. • Q. Who were those men? — A. I don't know. They were Chileans. Q. Could tfiey speak English 1 — A. One of them could speak a couple of words of EngUsh. We could understand what he meant. He said «< come out." He had a slungshot in his hand. ; two lanyards, hitched with a guard. He had that in his ha^d; and I asked him for it, and he would liot give it to me. They beckoned for us to come out. We went out. Eiggin went out on one side of the car, and I went out on the other. Just as soon as we struck the ground, th^y surrounded us. , Q. Who surrounded you? — A. The mob surrounded us. Q. You got into the street car after Eiggin, but was in the car with him, as I understand youf^A. Yes sir. Q. How long after Eiggin got into the car, before you got in? — A. I was right behind him. Q. Then you and Eiggin got into the car at the same time, about?— A. Yes sir. Q. How long were you in the car? — A. About ilve minutes we were in there. Q. While you were in the car, you were advised by four or five per- sons there in the car, to leave the car; is that it? — A. Yes sir. Q. Were you forced from the car by any person? — A. No sir. * Q. When you reached the steps of the car with Eiggin, what oc- curred? — A. We decided to go out and try to break through them. Q. Yon decided to go out and break through who? — A. We decided to go out and break through the mob. We walked down the steps, and they didn't bother us until we got a couple of feet ii-om the car. I know I was about five feet from the car. I didn't see Eiggip any more then. I had too much to do myself. I was struggling a couple of minutes with them. Q.- With the mob ? — A. Yes sir. . Q. Had the mob surrounded you? — A. Part of them surrounded me, and part surrounded Eiggin. I looked around, and saw Eiggin falling. I saw Eiggin fall. I tried to gd over towards Eiggin, and I felt a knife in my back at that time. Q. You were stabbed at that time? — A. Yes sir. I^saw that I could not get to Eiggin then, and I turned around and broke through them. ■^Q. You turned around and broke through what ? — ^A. Through the mob. I ran, and they followed me for about two blocks, I think. I turned a corner and ran towards the east, on the street right from th,e water, the first street from the dock. I could hear some one close on to me, and I turned into asaloon; and just as I was going into the door, I got stabbed again. Then I tutned on that man, and took the knife away from him; and it dropped out of my hand. Q; Were you stabbed in the back? — A. Yes sir, I was stabbed in the middle of the back. , Q. You were stabbed in the middle of the back as you ran to escape the crowd? — A. Yes sir. I was stabbed by one man, who could run ' faster than the rest of them. He was the only one that overtook me. I shoved him away and ran into tli6 saloon. Q. What saloon was that? — A. I don't know the name of it. Q. Where was it located? — A. It was located on the street right by the water. Q., On the first street from the beach? — A. Yes air; it is up around over the shanties along the dock there. 346 RELATIONS WITH CHILE. Q, It is some distance below the Mole?— A. Yes sir; it was right up opposite where the "Lynch" was lying, the Chilean vessel. - Q. Where did she lie?— A. About here somewheres it was, Avenida de Errazuriz; about two blocks westward of the Mole. It was a long walk, two long blocks. Q. How many blocks? — A. Two or three. Q. You don't know definitely; but you would know the place if you saw it?— A. Yes sir. - • -io . t.- Q. Have you any idea of the distance; about how far was it.'— A. it was about three or four long blocks. Q. You went into the saloon. Go on from there.— A. The man that kept it and the bartender seized hold of me, and slung me out again into the street; and thp mob had just got up to the door about that time. They were hollering and yelling. I broke into the saloon again, and they caught me the second time and threw me out. The third time I broke in, I got past them, and got into a small room in the back part, and shut the door. And five or six of the mob came in and broke the door down and took me out again. They didn't seem to want to hurt me in there. They wanted to get me out into the street. Q. They wanted to get you out into the street; what Ibrf— A. I don't know. They didn't touch me. • There was a crowd around me. I got out into the street, and was standing up against the door. I didn't ki*ow where to go. They were firing cobblestones at me. I got hold of one stone, and I made a dash into the saloon, and I hit the man that owned the saloon in the head; and I picked up a chair and hit the bar^ tender with that; and they fell then. Q. Why did you do that?— A. I did it so I could stay in the place. Q. Why did you desire to stay in there?— A. Because if I went out la the street they would have flAished me. Q. You wanted to stay there for protection? — A. Yes sir; for pro- ' tection and for safety. Q. Protection from what; safety from what?— A. From the mob. I got over in a corner, and got a chair and sat there. Q. Did the mob enter the building then? — A. Some of them didj they entered with cobblestones in their hands. Q. About how many of them? — A. Four or five of them. They crowded in the place, and I made a charge on them; and they all ran out. And they dame in again. There was one sailor in a Chilean man of war's men's clothes; he was dancing around me with a knife; but he- would not come near me. I tliink he was the one who stabbed me the last time. Q, A Chilean sailor, in the uniform of the Chilean Navy; is that it? — A. Yes sir. Finally I made another charge on them and got them all outside; and I shut the door and barred it. Then I went over in a cor- ner and sat down at a table, and I stayed there, I guess, for an hour, amy he more. They were hollering and banging at the door outside; ubt they didn't get in any more. , Q. You had the door bolted? — A. Yes sir. 'They didn't break it down. Q. Were they trying to break it down? — A. Yes sir, ,they were ham- mering at it from the street. Q. Were these the same people who made the assault in front of the " True Blue " saloon ; the same crowd that followed you in. your attempt to escape from the party when you ran down the street and entered th^ saloon? — A. Yes sir. Q. They were the same people ? — A. Yes sir. ' , BALTIMORE INQUIRY. ' 347 Q. How do you know that it was the same crowd ?^A. Well, 1 was not more than 25 yards of thein. Q. You were not more than 25 yards ahead of them, and they were in pursuit of you? — A. Yes sir. ^ Q. They were in pursuit of you all the way? — A. Yes sir. Q. Generally, what did this' assaulting party consist of ? — A. They were civilians. / ' Q. Were there any sailors among them? — ^A. There were one or two sailors among them. Q. What were they; Chilean sailors'? — A. Yes sir; they were Chilean meu-of-warsmen. Q. Were there aay other sailors? — A. No sir. Q. From any other vessels ?-7-A. 'No sir. Q. When you say there were sailors there, you knew they were sailors, from the fact that they were in uniform; is that what you mean ? — A. Yes sir. Q. About what number of persons were there in the crowd, as near as you can judge, that pursued yau,.from the time you and Kiggin left the car? — A. About one hundred, I think, Q. About one hundred in the crowd? — A, Yes sir. Q. About how many followed joxf. to ^he car from the saloon called the "True Blue"?-7-A. I don't know how many were around the "True Blue." There were none when I struck the man-of-warsman first, but as soon as I struck him, they commehced to come out from aU directibns. Q. When you and Eiggin left the "True Blue" and started to run down the street to catch the car, you caught the car together? — ^A. Yes sir. Q. About how much of a crowd was there in pursuit of you there at that time? — A, About one hundred. Q. Before you got to the car? — ^A. I don't know. I didn't see; not untU after we got into the car. Q. Well, how many did you see there, about? — A. Well, there ap- peared to be about, one hundred. The street was full. Q. You stated that the crowd that was pursuing you,and Eiggin, and yourself after leaving Eiggin, were crying out. What did they say? What was said? Did they say anything that you could 'understand? — A. Yes sir. Q. What was it? — A. They said something about kiUing Yankees. - Q. I want to know what it was. What was said, just as near as ypu can give it? — A.. They were hollering, "Kill the Yankees; the Yankee devils." Q. Do you understand Spanish? — A. No sir. Q. But you understood what you have stated. What you have stated you understood from the general cries of this crowd that ^ere pursuing yon?— A. Yes sir. i Q. Well, go on from there. What occurred then? — A. I stayed in that saloon about an hour, more or less. I guess it was more than an hour. And a man came in, a young fellow. Q. Tnatis the last saloon that you were m\ — A. Yes sir; the last place. The young fellow came in the back way ; he tried to get over close to me. I don't know what he wanted. He was trying to talk to me, but J would not let him get near me. And then they picked up the saloon-keeper; he was lying halfway under the bar. There were t-wfo oM women in there, and they wanted to come over to me too; and I would not let them. I was bleeding from my wounds. They picked up the saloon-keeper and were bandaging up his head; all one side of 348 RELATIONS WITH CHILE. his head was cut. I was watching them there. I was getting weak and dizzy. „ i_i j j Q. You were getting weak and dizzy from the loss of blood, do you mean?— A. Yes sir. And somebody went out, either one of the women, or the man that came in, and got a pplice officer; and he came in. They opened the door from the inside and let him in; and he held up his hands to me, made a motion for me to give myself up. Q. The policeman made a motion for you to give yourself up?— A. Yes sir. That was the way I understood it. Q. What did you do?— A. I stood there a few minutes, and he stood watching me; and he drew out his sword, and put it back again. I gave myself up then, and he walked over to me; and he made motions for me to be taken down to the jail. And he took me out in the street; took my hat off and gave it to me; and gave me an old white hat that belonged to the saloonkeeper; one of the women gave him an old wide- brimmed white hat for me. Q. She gave it to you?— A. She gave it to the policeman; she gave it to me. Q. Where was your hat?— A. I took it off and put it in my bosom. Q. Why did you do that? — ^A. The policeman was afraid that the crowd would attack us again;, attack me as we were going down and take me away, from him. Q. On account of your wearing the uniform of the " Baltimore"?— A. Yes sir. Without my cap, they would not notice the uniform so quick. Q. The name of the ship was on your cap? — A. Yes sir. Q. And the policeman advised you to secrete it? — A. Yes sir. Q. And gave you this white hat?^-A. Yes sir. Q. Did he tell you why?— A. Ko; he didn't tell me why, but I under- stood it myself. ' Q. You understood it? — A. Yes sir; I understood it was so that the mob would not recognize me. Q. So the mob would not refcognize you as a member of the "Balti- more's" crew? — ^A. Yes sir. Q. About how many policemen were there at this time? — ^A. There wa.s one policeman there. Q. Only one policeman? — ^A. Yes sir ; one officer. Q. Did he turn you over to somebody? — A. Yes sir; afterwards, down at the Plaza Intendencia, he did; Q. The police officer took you there? — A. Yes sir; we walked down to the Plaza Intendencia, and on the way down the crowd was gather- ing around, one at a time. There was one man walked alongside of me with two cobblestones in his hand, for about a block ; and suddenly he ran ahead, and let go both stones at my head. Q. While you were with' the police officer? — A. Yes sir. I happened to be watching him, and I dodged the stones. And after that, they didn't bother me until I got down to the Plaza Intendencia. Then he turned me over to two mounted policemen, and they put catgut nippers on my wrists. « Q. Who did ? — A. The mounted Jjolice. And they took away the white hat and started me off to the jail. And they changed me again to two foot policemen; and the foot policemen, every time they got me in a dark corner of the street, would start punching me. Q. With what?— A. With their fists. Q. You mean striking you? — A. Yes sir. Q. Were you resisting them at the time? — A. No sir. BALTIMORE INQUIRY. 349 Q. Did you resist the police officers at any time? — A. No sir. Q. Did you resist them at any time during this difficulty? — A. No sir ; I didn't resist them at all. ^ Q. Not at any time? — A. Only in the saloon there' for a few minutes, I hesitated to give myself up. I stood there a couple of minutes, ana then I gave myself up. Q. Did you offer any resistance? — ^A. No sir. Q. Well, what npxt happened? — A. They went through my pockets two or three times ; searched me. Q. The policemen did? — A. Yes sir. ^ Q. They searched you aftgr yoa reached the prison? — ^A. No sir; on the way up. Every time they searched me and didn't find anything, they would start punching and striking me with their fists. Q. The policemen did? — A. Yes sir. Q. What did. they say to you? — ^A. They were talking among them- selves. I didn't understand them. I didn't know what they were say- ing. They finally got me to the jail, and took my name, and put me ii» a cell. Q. What did you have iu your pockets? Did yoti have an^hing? — , A. Yes sir,- 1 had eighteen dollars. , Q. Eighteen ChUean doUarfe? — A. Yes sir; eighteen Chilean dollars. Q. Had you any weapons; a knife, or arms of any kind? — ^A. No sir. Q. Did any of the crew of thelJ. S. S. "Baltimore", members who were on shore on liberty that day in Valparaiso, to your knowledge haye any arms or knives, other th^n the usual jack-knife? — ^A. No sir; not that I know of. They don't generally carry a jack-knife around. Q. Did you on this occasion have any knife? — A. No sir. Q. Did any of the crew have their jack-kniVes on shore on this occa- sion, to your knowledge? — A, No sir; I don't know. Q. Did you witness any other difficulties or disturbances on that day than those to which you have testified? — ^A. No sir,; I did not. I didn't see anything else at all. Q. What was your condition at that time, as to sobriety? — A. I was perfectly sober. Q. You stated that when you were leaving the car, or about the time you had left the step, Eiggin left o* the other side of the steps at the rear end of the car? — ^A. Yes sir. Q. And you saw him fall?^ — ^A. Yes sir, a few minutes afterwards I did. Q. A few minutes afterwards you saw htm fall? — ^A. I did. Q. Was he surrounded by the crowd at that time? — ^A. Yes sir, he was. Q. What was the crowd doing ?— A. They were striking at him, and firing stones at him. Q. At Eiggin ? — A. Yes sir, at Eiggin. They were trying to get at us; and we were fighting them off with our hands and feet. Q. You saw Eiggin fall?— ^A. Yes sir. Q. Did you observe what caused him to fall? — A. No sir; I just got a glance at him; just like that. (Showing.) Q. Did you see the mob at that time with knives or arms of any kind?-rA. I saw two or three knives; that is all. Q. In the hands of the assaulting party? — A. Yes sir. Q. Do you refer to 1;he assaulting party immediately around Eiggiu ? — A. No sir; around myself. I don't know about Eiggin. Q. The assaulting party around yourself? — A. Yes sir. 350 RELATIONS WITH QHILE. Q. But in the immediate vicinity, aiid at the time Eiggin wsls also being assaulted 1 — A. Yes sir. Q. You mean at that time? — Yes, sir. Q. What time was it when you were- taken to the jail"? — A. It was about dark when we left the last saloon ; it was just getting dusk. Q. At that time, what time did it get dark in Valparaiso; at about what time'? — A. It must have been about five o'clock, I guess. The sun was down; it was not altogether dark. Q. With reference to the question of the time of day when you were arrested and taken to the police station, and all the occurrences prior to that on that day, had you any time-piece^r did you observe the time by a watch or clock, or otherwise? — A. No sir. I gave it just as near as I can; it is just guessing. Q. From the length of time you had been away irom the ship ? — A. Yes sir. Q. Gro on now. Continue your narrative until the time you got board the ship? — A., They put me in a cell along with a fireman by the name of O'lifeal: and O'Neal saw the way I was cut. I went in the cell, and , O'Neal raised a racket, hollered for the corporal of the guard to let me out and send me to the hospital^ that I was dying. Thejr didn't pay any attention to him for a long time; may be three quarters of an hour, or an hour. Q. Was there any person there that could hear him? — A. Yes sir; there were sentries out in front of the cell. They listened to him for a while; and finally they came and opened the cell and took me out in front; and they took my name, and searched me again; and sent me out to go to the hospital. And just as I was going out, there was another little office in front there, and Hamilton, and a fireman by the name of McAdams were there. Q. Who is Hamilton? — ^A. He is the carpenter's mate. He and a fireman from the "Baltimore" were in there, and Hamilton was uncon- scious. Q. Prom what? — A. From a beating, and a wound, and a wound on the side. McAdams said he thought he was dead. We lifted him up and carried him out to the door, to a cab ; and a man named Panter .was in the cab. And Hamilton was unconscious all the way out; he laid across my knees all the way up. At the hospital they dressed our wounds, and took us into the ward and laid us out; and Hamilton was unconscious then. Q. What ward was it?— A. The prisoner's ward. Hamilton did not speak to any of us that night. Q. G-o on.— A. We stayed there four days, I think. Davidson, Pan- ter, TarnbuU, Hamilton and myself were in the Ward four days; I think we were there four days. And then we returned to the ship. Q. Were these other men taken to the Hospital about the same time you were that night?— A. TurnbuU and Davidson were there ahead of us. Hamilton and Panter and myself came there together. Q. Were these other men in jail when you arrived at the Jail?— A. I didn't see them; no sir. Q. What occurred during the interval that you were in the Hos- pital; four days, or about that time?— A. Panter was called out the next morning to recognize Eiggin, Eiggin's remains. The doctor came around and took our names, and the Justice's clerk and another man came around and asked us to give an account of the affair. Q. Asked you to give an account of what affair?— A. Of the affair on BALTIMORE INQUIRY. 351 shore. They tried to clear it up as much as they could, to get us released. Q. Whose release? — A. Ours; we were prisoners. Q. Prior to your return to the ship, were yoh called upon for any further statement than that which you say you gave while you were in the hospital? — A. No sir. They only just asked us a few questions, just to find out if they could who was to blame for the row. Q. Were you called upon in any way to verify that statement, or sign It? — A. Fo sir; I didn't sign it at all. Q. Just state as near as you can what you stated on that occa- sion? — A. Well, 1 told them about where Eiggiu and myself came out of the "True Blue", and where the Chilean man-of-warsman spit in my face, and where I struck him, and where the mob attacked us and drove us into the car, and where Riggin was killed there; and I told them about where I was in the saloon. Q. Where you supposed Riggin was killed there? — A. Yes sir; I knew then; I knew at the time I waS talking to him, the next morning, that Riggin was killed. I didn't know until the next day, when Panter told me. Q. Is that all you stated? — A. Yes sir. Q. As I understand you, you related to him the circums'tances that you have testified to here now? — A. Yes sir. , Q. Briefly, I mean? — A. Yes sir. Q. Was there any charge made against you at this time, before the authorities there, after your arrest, as to the cause of your arrest? — ^A, I don't know. We didn't know what we were arrested for, Q. Wer« you at any time informed by the authorities there, why you were arrested? — A. No sir. Q. Was there an examination made of any charge against you? — ^A. 'So sir; only the examination I have justtold you about. That was all. Q. Who was the official to whom you referred as calling for this state- ment.from you and others in the Hospital? — A. The Justice's Clerk. Q. Did you at any time make any other statement to any Chilean official with reference to this matter? — ^A., No sir. Q. Did you at any time make any statement to any person, official or otherwise, approving of the action of the Chilean police on this occa- sion? — A. No sir. Q. Did you observe any disorder on the part of any of the crew of the "Baltimore" on that day on shore? — A. No sir. Q. By them?— A. No sir. Q. What was the condition of those members of the crew of the "Bal- timore", when you saw them during the afternoon of the 16th of Octofcer, at Valparaiso, with reference to sobriety? — A. They were all sober; all that I saw. Q. Do you know of your own knowledge of any cases where men niem- bers of the crew of the "Baltimore" during these disturbances, were robbed ?^A. No sir. I didn't see any of the crew, not until I got to the Jail, I saw one of the marines, but he did not see me. I saw him at the Plaza Intendencia", when the policemen were changing me. . Q. With reference to your statement of warning, or information given you that an attack was expected upon the members of the crew of the "Baltimore" when they were on leave, when were you first informed of such expected assault? — ^A. In the "Shakespeare" was the first time I remember of hearing anything about it. It might have been before, I didn't take any notice of it anyhow; I only laughed. Q. You say that was the only time that you recollected"? — A. Yes sir. 352 EELATIONS WITH CHILE. Q. Is that the only time that you can now recollect of having heard of a probable attack? — A. Yes sir. Q. When you with others of the liberty party were going on shore m your boats, and passing the Chilean ships, did you observe any unusual demonstrations on the part of the Chilean sailors "?— A. I don't remember of any on that day ; but I have often before and since then. Before that, and since then, in passing them, I have seen them shake their fists at us, passing the ports. Q. Whatdidthey do?— A. They would shake their fists and make faces at us; talking and hollering among themselves. Q. Without any cause on the part of the crew of the " Baltimore"?— ' A. Yes sir. Q. No demonstration on the, part of the crew of the "Baltimore"?— A. No sir. Q. At what places during the afternoon of the 16th of October, did you see any of the police at Valparaiso, and about how many at each time and place?— A. At the Plaza Intendencia, where the first police- man arrested me, where he changed me, there was a squad of mounted police there. I don't know how many there were; about ten or fifteen, I guess. Q. That is where you were taken. Prior to that, did you see any?— A. No sir; I didn't see any. Q. Not up to the time you were in the saloon ?^-A. No sir; I didn't see none at all. Q. Were the policemen that you saw that afternoon armed? — ^A. Yes sir ; they were armed with sabres. Q. They were armed with sabres?— A. Yes sir; the mounted poUce were. Q. How were the others? — A. The foot police, some of them car- ried a short sword; and some a gun or bayonet. Q. I want to know about those that you saw that afternoon?— A. The ones that arretted me, the horse policemen were armed, with sabers ; and the foot policemen were armed with bayonets. Q. How many wounds did you you receive, and where? What part of the body were you wounded; and what places were you when the wounds were inflicted? — A. I received two wounds; one in the middle of the back, and one on the right shoulder. Q. Where were they; two in the middle of the back?— A. No; one jn the middle of the back, and one on the right shoulder. Q. What were they; stabs? — A. Yes sir; stabs with a knife. Q. With a knife ?^-A. Yes sir. The first wound I got going out of the horse car; after I got out of the horse car. The last one, I got that going in the last saloon I was in. , Q. What was that wound that you got after leaving the horse car ?— A. A stab in the right shoulder. Q. You had but two wounds then? — A. Yes sir; two wounds. My head had lumps on it, swellings. I was not hurt any place else. I was bruised around the body and limbs with stones. Q. How long were you under medical treatment for your woundsT When did you go off the Ust?— A. I was 45 days. Q. Under treatment?.— A. Yes sir; 45 or 48 days. Q. After your return to the ship?— A. Altogether; in the hospital and everything else. Q. Did you see any persons ill-treated that day, other than the mem- bers of the crew of the "Baltimore" who were on leave. — A. No sir. Q. Did you observe any crowd in the street outside, or in front, or BALTIMOKE INQUIRt. 353 near the "True Blue"- Saloon -when you went iiito it with Eiggin, on the occasion referred to? — A. No sir, Q. Why did you and Eiggin leave the saloon ? — A. Because wewanted to go to the other end of town ; we wanted to leave that end of town altogether. ' Q. Why did you want to leave that end of town? — A. It was the lowest part of the City, and we wanted to get up town to a better quarter. Q. Was there anything of a crowd, or were there many people in the street in front of the saloon there when ytu stepped in between Eiggi,n and this other man to separate them in their argument? That was what they were doing, wasn't it? They were not fighting ? — A. JSTo sir. I didn't see any fighting at all. The street appeared to ^be empty. There didn't appear to be anybody about at all. I looked around and didn't see anybody. Q. How long after you spoke to Eiggin and this Chilean sailor on this occasion, was it b^ore the crowd slppeared? — ^A. It was about two seconds. Q. They appeared from where? — A. They came fiom the doors and houses, all around. They seemed to be waiting for it to start; just waiting for it to start. Q. That is the way you account for it? — A. Yes sir. This Chileian sailor was sent out to st^t it. He saw us go into this place; and he was sent out to start it. The IJ. S. DiSTKiCT Attorney.— Q. Who was sent out? — A.i This Chilean man of warsman was sent out to start it. That is what I think. Q. You found .him in an altercation with Eiggin ?^A. Yes sir. Q. And it culininated in your knocking the Chilean sailor down for spitting in your face? — A. Yes sir. Q Well, you had the best of it at that time? — A. Yes, sir. Q. Then what happened? If you had the best of it, what happened to make you run away? — A. We saw the crowd coming and hollering. Q. Then the crowd commenced coming? — A. Yes sir; we Siiw them coming down the street; coming from the houses all around. Q. And you went out of the door before they got there? — ^A. We were in the middle of the street when it happened. ^ Q. You were in the middle of the street when it happened? — A. Yes sir. Q. Then this didn't happen in the saloon ?^A. No sir; it happened out in the street. , Q. What direction did the crowd come from?— A. The crowd came from up the street. Q. And you ran the other way from the crowd? — A. Yes sir; we ran down the street. Q. 'You ran \yest?^ — A. Yes sir. Q. And the crowd came from the east? — A. Yes sir. The Judge Advocate General. — Q. I understood you that they came from all arbund you?— A. Yes sir. The street where we stood was kind of wide^; it was wider than another part of it; it went around like that. (Showing.) It was not a square exactly; but that part of the street was larger than any other. The United States District Attorney. — Q. Did the crowd ' have stones in their hands then? — A. I don't know. They had stones in their hands when they got to the car. Q. Was that street paved there? — A. Yes sir. Q. Were these paving stones that they had in their hands? — A. Yes sir; broken paving stones, and half bricks; anything they could get 23 354 " RELATIONS WITH CHILE. hold of. Most of them had paving stones, coWestones about that size. (Showing.) The Judge Advocate G-eneral.-^. Had you prior to the occa- sion of the difl&culty on the 16th day of October, met any of these peo- ple who were in the crowd?— A. ]!fot that I know of, sir. Q, Prior to that time had you mpt any of the people who pursued you on that occasion to engage in the disturbance'? — A. No sir; not that I know of. I might have seen them before, but I didn't recognize any of them. , Q. At the time th^t you ran from the car, after leaving the car, and met the crowd in the street, did the crowd, as a body, as nearly as you cin judge, pursue you, leaving Eiggin in the street? — A. Yes sir. From the size of the crowd in front of the saloon where I was, there ap- peared to b6 as many there as there was up near the horse car. The U. S. District Attorns v.— Q. What we want to find out, is, whether you ran away leaving Eiggin where he was, and whether the crowd, or the greater part of it followed you so as to leave the street comparatively deserted at the place where Eiggin was 1 — A. Yes sir. The Judge Advocate General. — Q. Did you hear any shots flred at that time? — A. No sir. Q. Did you hear any shot flred at any time that afternoon'? — A. No sir. / Q. Do you know the place where Eiggin was said to have been shotf — A. No sir; I don't know where he was shot. Q. "You knew where the oar was? — A. Yes sir; I know where I left him. Q. You know where you left him? — A. Yes sir. Q. How far was that from the place where you were arrested ? — A. It was' about two or three hundred yards, I think. Q. The saloon where you were arrested was about two or three hun- dred yards from where jyou left Eiggin? — A. Yes sir; it was about two or three hundred yards from where I left him, but I turned corners in going ,there. The U. S. District Attorney. — Q. How far was it by the way you would have to go to get tkere? — A. It was a couple of short blo/k.s, I think. I kn&w I didn't ,run very far. I was excited at the time. I didn't know how many blocks I did run, or how many corners I tui'ned, I was about three or four minutes running as hard as I could run. Q. Can't you run more than two blocks in three or four minutes? — A. I don't^know how I was runuini,^ I was running every way, dodg- ing this way and that wa;y ; and I landed on the street right up by the water; that is where I came out. Q. Have you related in full all that occurred as to the Chilean sailor spitting in your face, and your knocking him down ? — A. Yes sir. Q. Have you related all there was to that? — A. Yes'sir. Q You didn't say anything to him at all? — A. Yes sir; I got in \)etween the two of them, and pushed them apart. Q. That was not speaking to them. Did you say anything? — A. I asked what was the matter; and Eiggin said something about his pick- ing a row with him, something about the Chilean sailor picking a row with him ; something like that. I forget the words now. I turned around and told the Chilean sailor to shove off. Q. Did you put your hands on him? — A. Yes sir; I put my hands on both of them, and shoved them one side; and I said to the Chilean sailor, ''Here, you shove off", like that; and he stepped up closer to me then, and deliberately spit right in my face. BALTIMORE INQUIRY. 355 The Judge Advooate-G-bneral.—Q. What is your age?— A. I will be 21 years of age the 16th of next mouth; the 16tl^ of February, The U. 8. District Attorney. — Q. Did you see the sailors of any other foreign ship there that day? — A. Ko sir; only the sailors of Chilean ships. (Sgd.) John W. Talbqt. United States op America, - • State and N'orthern District of California, ss: I, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of CaMfornia, do hereby further certify that John 'William Talbot, the witness who subscribed to the foregoing deposition, was by me duly sworn ; that- said deposition was taken o^i tjne 7th day of January, A. D. 1892, at the Office Building of the ISTavy Yard at Mare Island; that said deposition was taken down in short- hand by stenographers employed for that purpose, and afterwards by them reduced to typewriting, and read over to the witness, and by him declared to be correct, and by him subscribed ia niy presence. )•- In witness whereof, 1 have hereunto set my hand this 8th day of January, A. D. 1892. (Sgd.) J. S. Manley, Commissioner, United States Circuit Court, \ N'orthern District of California. DEPOSITIOl*!" OF JAMES MAETIN JOH]SrSO]S". Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Eemey, U. S. M. 0., Judge Advocate General of the U. S. Havy, by order of the Secretary of the Navy, held at the Office Building of the Navy Yard, Mare Island, California, and on the 7th day of January 1892, before me, James S. Manley, a Commissioner of the Circuit Court of the United Stdites for the Northern District of Cali- fornia, duly appointed and qualified, personally appeared James Martin Johnson, who, a^er being duly cautioned and sworn, did depose and say as follows, to- wit : ' Jambs M. Johnson, having been duly sworn, testified as follows : Judge Advocate General. — Q. State your name, rating, and sta- tion. — A. I am armorer on the U. S. S. "Baltimore". Q. Were you attached to the "Baltimore" as arniorer on the 16th day of October, 1891, when that vessel was at Valparaiso, ChUe'J^A. Yes sir. Q. What is your age^— A. 32. Q. How long have you been in the Navy?— A. 9 years and over. Q. Did you go on shore on liberty, on the 16th day of October last, from the "Baltimore'", which was lying in the harbor of Valparaiso ?-7 A. Yes sir. Q. With other members of the crew?— A. Yes sir. Q. What time did you goon shore that day?— A. Between the hours of 1 and 2 o'clock in the afternoon. Q. And you had liberty for what length of time?— A. To the follow- ing day, the 17th at 3 o'clock. Q. Do you know of any difficulty or disturbance occurring on shore that day at Valparaiso, between the Chilean sailors or others, and the crew of the "Baltimore", or such of them, as were then on liberty at Val- 356 RELATIONS WITH CHILE. jyaraisp? — A. Yes sir, I -was there at the time that boatswain's mate Eiggin, was killed. Q. Charles W. Eiggin of the U. S. S. "Baltimore?"— A. Yes sir. Q. State all the facts and circumstances within your knowledge, re- lating to that disturbance or difflculty on the 16th of October, in Val- paraiso? — A. We landed between the hours of 1 and 2 o'clock. The first place we went to, was to the Exchange, to exchange our money. After ihat, the boiler-mak^r, Dan Miller and me went up to the dentists, Peter Bruce, and we waited there until about 15 minutes to 4, and we were told to cAme back again at half past 4. We went down to the book-store and bought some books, and then we went down to get some more money exchanged again. I told Miller it was half past 4 by the clock at the Intendente's house, and it was time for him to be back at the dentists. I made an agreement that I was going to meet Miller, the boiler-maker at 6 o'clock, and I went into a barber-shop. I was in there about half an hour or so, which would be about 5 o'clock, and coming out I met a bumboatman from the ship, and he asked me where I was going. Q. Who was the bumboatman to whom you referred? — A. The man from shore, who famished supplies to the ship. He asked me where I was going. I told him down to Peter Nelson's to get my supper. He is a man who keeps a boarding house and restaurant. He said he was going that way himself. We were on the CaUe Cochran at the time, where the boarding house was. "We went in there. When I came in there the proprietor said "You had better wait Johnson until the nex:t table. The first table is set." It was 5 o'clock. I knew the man personally from the first time I went ashore. Q. He was the proprietor ? — A. Yes sir. In the meantime, when I was sitting down there waiting, they shut the doors and closed up the house, and said there was a fight going on and one of our men was getting killed outside, and they warned me to stop in the house, and not go out. I tried to get out. Then I was shown up-stairs to room 15, that is the back part of the house which overlooks the Calle Arse- nal, and I seen a horse-car stop at the corner of the CaUe Marquez. Q. The street car was at the corner ? — A. Yes sir, at the corner of the Calle Arsenal,! and the Calle Marquez. I seen one of our men laying face downwards in the middle of the street, and two or three po^icemeil f standing around him, and a mob of citizens, and they were stabbing" him while he was laying down. I made an attempt to get through the window. It was only aboiit 10 feet drop, but they told me they would open the doors and let me out. Q. Who did?— A. The people in the house. I had no arms at all with me, but I made up my mind at the time I went down that I would take an empty bottle in case they did attack me, so that I would have something to defend myself with. I pushed my way through the crowd, and when I got up there I turned the man on his back and rec- ognized him to be Eiggin. To all appearances he seemed to be dead. Q. Was the man whom you turned on his back and recognized to. be Eiggin the same man whom you saw from the window lying on his face surrounded by police, and being stabbed by the mob?— A. Yes sir: to all appearances he seemed to be dead when I turned him round. I called him by name several times. When he seemed to be dead I opened his buttons m his cuffs, and unbuttoned his undershirt in the neck. I lelt his pulse, and it was beating feebly. I asked a citizen, who seemed to be a European^ to bring me a glass of liquor. In the meantime J took his head off the ground, and laid it on top of my feet, so as to • BALTIMORE INQUIRY.' 357 make a pillow for him, and be able to defead myfeelf at tlie same time. When I was iu that position, a policeman gave me a shove from thp sidewalk, but he went off again. I poured some liquor down Eiggin's throat, but he. did not seem to swallow it. It just run ri^ht down- I called him by name, and asked him if he recognized me. After severM minutes he opened his eyes and said "For Christ sake, Johnson, take me out of here before they kill me, or before I die"; words to that effect. I picked him up, and partly carried him, and partly dragged him on the left side. The distance I took him^ I could not say. It was with the consent of the policeman that I took him. The city police made no objection. "When I got him partly under way,- 1 see a squad of po- lice coming up facing in front of me, and a howling mob following behind me, Q. How far off was this squad of police when you saw them ap- proaching you. Was there any crowd of persons between you and the police as they approached? — A. When I first see them, they were as far as from here to the wall, about 10 or 15 yards. There might have been some persons on the sidewalk, but the street was clear to the front. The first thing I ' noticed, I saw the two leaders of the squad coming down, and bring their rifles to a ready, and noticed the barrel was bright, because it was pointing right in my face. There were two or more shots fired. The squad of soldiers fired the shots, and I felt a burning sensation in my left cheek. I slewed around then with Eiggin, ' right up against a house. ; Q. Eiggin was in your arms then? — A. Yes sir. I saw a bullet strike Eiggin. His head was resting on my left shoulder, and at the time the bullet struck him his, head droppejd over my arm as if his neck was ■ broken. One bullet went through my neckerchief, and overshirt and undershirt. When my retreat was cut oft", with the soldiers to the front and the mob, to the back, I thought tliere was no use carrying a corps^ around, and I would make my escape in the best way I could. A citi- zen iu the crowd hollered out " drop him Johnson, or else they will drop you next." I passed by the soldiers, through all their excitement, and came down to the plaza Echaurren. I met Charles Langen, who be- longed to an American bark that was cast on the beach. He was a ship- wrecked sailor at that time. He was boarded at Peter Kelson's/ by the Consul, the house that I came but of. I rolled up the collar of my shirt, ^nd walked along Calle Cochrane into Peter Kelson's house again. When I got in there the first thing I did was to ask Langen if he see the killing of Eiggin, and who fired the shots, and he said the police. Q. Where is Langen now. Is he an enlisted man in the navy? — A. He is one of the "Baltimore's" crew now. Q. When did he enlist? — A. In Valparaiso. Q. Since the disturbance? — A. Yes sir. One of the boarders in the house said that the left side of my face was' black, a'rid I put up my hand and rubbed oft" the smoke, and that accounted for the' bnrning sensation that I felt; it was the powder from the rifies fired close to my face. He then took me up stairs and. lent me a suit of citizen's clothes. J was going back up to the drug store, to find out what became of Eig- gin. When I got up there it was guarded by police, and I could not! get in there. Langen took me to a place and paid for a night's lodging, and the next morning I went down about 7 o'clock to get my unfform, again, so as to put on my sailor's clothes, and I went to the place where Eiggin was kiUed to find out the name of the street and see the partic- ulars. I seen the name on the corner marked " Calle Arsenal". I then 358 RELATIONS WITH CHILE. went down to tlie Mole to go aboard, but I could not get down, as the Mole was all full of people, and I could not pass down. Q. What time was this? — ^A. About 9 o'clock in the forenoon. We stopped in a restaurant to wait for the rest of the liberty men to come down, so that we could get in a crowd and go aboard. I went out of this restaurant about one o'clock, and I saw there were two Chilano Bailors, and they had about 60 citizens at the back of them, Q. Were they in uniform? — ^A. Yes, sii-. Q. What uniform? — A. The uniform of Chilean sailors. They asked me if I was American. They said "Tou Americano?" That is the question they asked me. The citizens behind them were ready to-throw stones. I pushed them each aside. Q. Tou pushed the sailors aside? — A, Tes sir, and walked into a restaurant again, but they closed up the doors. Some of our men wanted to get in, but could not get in there. In the meantime there were 4 or 6 Chilean ofi&cers in the restaurant getting their meals — their breakfast, and they said they would take us down. Q. Naval officers? — ^A. Ifo, sir; Chilean officers of the army. They asked us if we wanted to go aboard? We said yes. They drew their swords and weilt ahead of us. When we got down to tiie Mole, we could not get any boats to take us off. Fred May, who lives down there had a coal-heaver in charge, and he brought Mm down under Ms protection. He paid Ms boat fare, and I got in the same boat and went aboard. Q. What time did you get aboard? — ^A. One o'clock or thereabouts. Q. That was on the 17th?— A. Yes sir, the 17th. Q. Were you wounded? — A. 'So sir; the only tMng was, my face was blackened. The only wound I received, was the burning sensation of the powder. The bullet passed through my neckercMef, and went ^ough my oversMrt and underfehirt, and struck Riggia in the neck, and kiUed him. Q. Did you observe where the baU came out after entering Riggin?— A. Ho sir. Q. Were you in uniform at the time you went out of tMs restaurant and were holdmg Riggin in your arms?— A. Yes sir. Q. In the uniform of the navy of the TJmted States?— A. Yes sir. Q. About how many poUcemen did you see sttrrounding Riggin, at the time you were at the window, when he was lying in the street?— A. Two or more; it might be 3 or 4. Q. About how many other persons were about the police?— A. I should judge from 75 to 100. > Q. What were these people doing, when the police were standing; over Biggm as you say, whea he was lying in the street?— A. They were stabbing him, Q. Who were stabbing him ?— A. The citizens. Q. What efforts were the police making to prevent it?— A. Kone at 3.11. Q. Were these people who were stabbing Riggin, between the pohce and Kiggm?— A. Yes sir, the police were standing at the head of Riggm. I * Q. You saw this distinctly from the window?— A. I saw that from the wmdow. Q. Were they stabbing him while he was lying on his foce ia the street?— A. Yes sir, doing like that (illustrating). Q. In the back?— A. In the back. BALTIMORE INQUIRY. 359 Q. How were tliese policemen, to whom you refer as standing over. Eiggin at tlie time, anned? — A. With sword bayonets. Q. When yon got out into the street, to the relief of Eiggin, where was this crowd, at the time you reached Eiggin? — A. All surrounding him. I pushed them aside and parted them. Then they cleared away from him when 1 came there. Q. Were the police still there?— A. Yes sir, Q. What did the police say, if anything, when you went up therel — A. They did not say anything. After I gave him the liquor and brought him to his senses, so that he knew me, I made a motion to take him over to the drug- store — I made a motion to the police, that I was going to take him away, and they nodded as if they had no objection. Q. What did the crowd say, when you came out there? — A. They were all shouting. Q. What were they shouting? — A. Over their victory. Q. What did they say? — A. Over the killing of Eiggin. Q. What do you recollect their shouting; what did you understand them to say ? — A. I heard them hollering. Q. What were the words, as near as you can recollect? — A. They were hurrahing. Q. Could you understand any of the words that they used? — A. I could understand some words in Spanish; the words that they used, I could not say. They were whistling and hollering. Q. Yelling?— A. Yes sir. Q. Were any threats or language used, indicating to whom it was ad- dressed? — A. Yes sir. Q. What was it. G-iveusthesubstanceof it?— A. They seemed to be glad over the victory after they got him down, and could stab him when ''he was down, and whistling and hollering. Q. Did they use any threatening language toward you ?— A. A police- man gave me a push when I was standing ^here. Q. You could not speak Spanish? — A. No sir. Q. Could you understand what they said? — A. l^To sir; I cou^d not understand what they said. Q. About how long after you reached Eiggin was it, before you saw this column of police coming up the" street toward you? — A. About 10 or 15 minutes after I reached Eiggin; about 15 or 20 minutes. Q. About how far had you carried Eiggin, when yoti discovered the police approaching? — A. To the best of my knowledge about 30 yards or so. Q. What were the other police doing, at the time you were carrying Eiggin to the drug-store? — A. They were away behind. If they were following me, I could not tell. Q. And the crowd was behind yon? — A. And the crowd was behind me. , , Q. Was the crowd pressing in behind? — ^A. Yes sir, they were clos- ing in behind me. Q. About how close was the crowd behind you, when 'the two shots were fired? — A. I should say about 10 or 15 yards. They scattered. Q. How far off from you", was this squad of police, with the two lead- ers, to whom you have referred, from you, when you discovered them approaching? — A. Say between 10 and 15 yards. Q. At that time, how far from you were th'ey, when the two shots were fired? — A. I looked down the barrel of a rifle. Q. How far was the musket? Describe it? — A. They were standing- 360 RELATIONS WITH CHILE. about a yard off. I looked right down the barrel of a rifle in a soldier's hands. Q. In your testimony you have described this squad as soldiers. Do you know whether they were soldiers or policemen ? — A. They were soldiers. They wore the uniform of the Chilean army, and they were arn^ed with rifles. Q. What was the difference in the dress and arms of the police whom you saw from the window on the occasion stated, and this squad of sol- diers whom you saw afterwards coming up the street when yon were out there holding Eiggin? — A. The difference is, the police that were standing round Eiggin wore a blue uniform, and were armed with sword bayonets. The soldiers that I see approaching me and firing the shots, wore the uniform of the Chilean army, and were armed with rifles. They wore red pants, blue coat, and red cap. Q. Did the police wear red coats? — A. Xo sir; blue. Q. What kind of breeches did they wear? — A. Blue. They were all dressed in blue. Q. Look at the plan of the cily of Valparaiso, and describe the place where you saw Eiggin lying on his face in the street, and wrhere you afterwards picked him np ; and also describe the place where you stood holding Eiggin at the time he was shot and killed? — A. It was on the Calle de Arseifel, near the conier of Marquez Street, close to ITelsou's house. That is where I picked him up. Q. That is where you fotmd him. Then you took him across the street? — A. Then I took him diagonally across the Calle de Arsenal I picked Eiggin up in the Calle de Arsenal, close to Xelson's house, near the corner of Marquez Street, on the east side. I carried him diagonally across the street to the west side of CaUe de Arsenal, near the corner of Valdivia Street, where he was shot. Q. About how far from the corner of the street was it that he was shot? — A. Well, it was between two and five yards, in my judgment. Q. Did you see the man fire the shot which passed through your shirt, and kiUed Eiggin while he was in youa- arms? — A. I didn't see the man pull the trigger. I saw the smoke. The man that, fired the shot was on the right of me. I saw the smoke, and I heard the report. Q. You saw the smoke from where? — A. I saw the smoke from his rifle. Q. You saw the smoke from the rifle held bv this man? — A. I saw the smoke from the rifle held by this soldier. I saw Eiggin's head drop over my shoulder, and the blood spout out. Q. You stated that two shots were fired? — A. Yes sir. Q. As I understand you, you stated that two shots were fired by this squad of soldiers? — A. Yes sir. Q. How far apart were these two shots; what time elapsed between the two shots, about ?— A. The fellow in front of me fired right off, and then the fellow on his left fired right off. It might have been a second between the two shots. Q. Were the two shots fired by the two soldiers leading?— A. Yes .sir. Q. Did you see both of them fire?— A. Yes sir; I saw both of them fire. Q. Did you see the smoke from the rifles?— A. Yes sir, I saw the smoke from the rifles. Q. Held in the hands of these soldiers ?— A. Yes sir. Q. Which one of the two shots was the one that passed through vour coUar and killed Eiggin; the fli-st or the second. shot?— A. The second BALTIMORE INQUIRY. 36 X shot. The first shot that was flredj I felt a burning sensation riglit on my left side; and I tried to slew around to him, and then I saw the smoke on my right, and I turned,, and i saw Eiggin's head drop over my arm. , , Q. That was the second shot? — A. That was the second shot. " Q. How far apart were these two men ; these two soldiers who, fired the shots at the time they were fired? — A. About a foot or two apart. One was facing me like that, (showing), and the other was standing like thait (showing)./ Q. About a foot apart? — A. About a foot or two apart. One was facing me right in front. Q. How far from you? — A. About half a yard, or two feet off. I looked right dow;n the barrel of his gun. And the other was standing on my right. Q. How far from you was the man who stood on your right? — A. The two soldiers were about two ol" three feet apart. I Q. Do you mean t"he man was two feet from you, or the muzzle of his gun?— A. The muzzle of his gun was right in front of me, about two feet from me. I looked right down the barrel. That was the man who stood in front of me. \ Q. l^ow how far from you was the man who stood on your right?— - A. I should judge about a yard or two. / Q. Do you mean the muzzle of the, gun, or the man? — A. The muzzle, of the gun. ^ Q. The muzzle of the gun was about a yard or two from you? A. — About a yard from me. I couldn't exactly say the distance. Q. Was it the man who stood in front of you who fired the shot which killed Eiggin, or the man who stood to your right? — A. It was the man who stood to my right. Q. It was the man who stood to your right, who fired the shot that killed Eiggin? — ^A. Yes sir; it was the man who stood to my right that fired the shot that killed Eiggin. Q. Could you see the man at the time the shot was fired? — A. ISTo sir; I could not see him for smoke. I saw the smoke and heard the re- port of the rifle. Q. Why couldn't you seethe man who fired the second shot? — A. Be- cause the smoke of the rifle from the first man blinded me, so I could not distinguish the man. Q. Were there any other persons near enough to this man who stood to your right, that you say fired the shot which killed Eiggin, by whom that shot could have been fired without your knowledge? — A. K'o sir. Q. Did you hear at this time any other shots fired in that immediate vicinity? — A. ]IS"o sir. Q. In another part of your testimony, you have stated that the two leaders of the squad of soldiers or police came up the street, and brought their rifles to a " Eeady ", when you first saw them approaching? — A, Tes sir. Q. You stated there were two or more shot§, fired? — A. Yes sir. Q. Now state whether or not after that party or squad of policeror soldiers, the leaders of which you Stated were preparing tQ fire, came up, more than two shots were fired by them ; whether you hearl^ or saw more than two shots fired? — A. 1 am positive sure that I saw two shots fired. That is what I mean by two or more. There inight have been more, but I didn't hear the report of more than two. But I am positive sure there were two shots fired. Q. You are positive there were two shotis fired? — A. Yes sir. 362 EELATIONS WITH CHILE. Q. Did you liear any more fired? — A. Ko sir. Q. Did you see anymore shots fired on that occasion? — A. N'o sir, Q. Then why did you use the words "or more"? — ^A. Well, there might have been more fired; but I am positive sure there was no less than two. There were two shots fired, I am positive sure of that. Q. There were two shots fired that you distinctly recollect ?^A. Yes sir; there were no less than two. That is what I mean by "two or more ". Q. Did you or not hear more than two shots fired on that occasion? — A. No sir. , Q. You mean that you dida't hear more than two shots fired on that occasion? — A. No sir; I dida't hear more than two shots. I heard no more than two shots fired on that occasion. Q. Did you or not hear more than two shots? — A. No sir. I heard two shots fired, and no more. ' The U. S. District Attoeney.-»Q. How far were the squad of soldiers from you, when you first sa^^ them? — ^A. The distance, when I first saw them, was about ten yards; between ten and fifteen yards. Q. On what street were they? — A. To my judgment, they were cross- ing Valdivia Street. In Valdivia Street, I guess they were. Q. Coming from what direction? — A. Coming from a southerly direct tion.' Q. I understood from the evidence here that they came down another street, and came down a bend there, and did th^ shooting? — A. They did the shooting right in Calle de Arsenal. That is where they did the shooting. Q. Were they not coming down Calle de Arsenal when you saw them? — A. Yes sir; they were coming down CaUe de Arsenal. Q. They were coming towards you on Calle de Arsenal, from the direction of Calle Valdivia? — ^A. Yes sir. Q. Which way were the troops moving? — A. In a westerly direction. Q. On what street? — A, On Calle de Arsenal. Q, Which side of the neck did the ball strike Eiggin? — A, On the right side. ' Q. On his right side? — A. On his right side. Q. Did you have him in your arms at that time?— A. Yes sir; his head was resting on my shoulder. Q, On which shoulder? — A. On my left shoulder. . Q. Whereabouts in your handkerchief or neckerchief or overshirt^ did the ball enter?— A. The ball entered above the- knot in my neck erchief ; and went through above my pocketin my overshirt about here, (showing on the left shoulder). My arm was in this position, (showing). Biggin's head was over my shoulder here. Q. Above the knot?— A. Yes sir; right above the knot. Q. Or was it in the top part of the knot?— A. No sir; it was above the knot. It went, through all the parts of the neckerchief above the knot; and this part of the neckerchief was drawn through. Q. Was there any part of the neckerchief above the knot?— A. Yes sirj-the part around my neck. Q. Is there any part of that neckerchief above the knot there now ?— A. Yes sir. Q. (After the witness illustrates the position in which he held Rig^n, by holding Lieutenant McCrea in his arms). Was Riggin's neck as high up on your shoulder as Lieutenant McCrea's was then?— A. Yes SU-. This IS the way I had it; dragging him along this way (showing). BALTIMORE INQUIRY. 363 I Q. Did you see Riggin after he was dead?— A. After I laid him down? Q. Yes sir. — A. That was the reason I shifted in citizen's clothes, to be certain what became of him afterwards. Q. Did you know where the wound was at the time 1 — A. No sir. Q, Did you see where the ball came- put ? — A. I didn't see where the ball came out, but I saw where it went in. The blood spouted out. Q. What part of Biggin's body did it come out ? — A. I didn't see him afterwards. Q., Ton don't know that ? — A. No sir. " Q. Was the soldier who fired the shot that killed Riggin, a pretty tal| man ? — ^A. No sir ; not very large. I should judge he was the average of any other man. You can't teU one from another ; they are aU aUke. Q. Was he as tall as you are 1 — A. No, sir ; he was not. Q. How taU are you 1 — A. I am five feet, eight. Q. You say the inan that fired the shot that killed Riggin was not as tall as you are ? — A.. No sir. He might have been as tall as me, but he was not taller than me. I should judge him to be a man smaUet than me. Q. And you are five feet, eight inches tall? — A. Yes six. Q. He was to the right at the time he fired the shot, was he ? — A, Yes sir ; he was on my right. Q. Now you stand there again as you did before, with Lieutenant McOrea in your arms. Where did the maa stand who fired the shot that kUled Riggin? — A, When the first man fired, I felt a burning sen- sation on my left side; that was the man right in front of me that fired that shot. Then I slewed around, and immediately the man on my right fired. That shot passed through my neckerchief and shirt, and steuck Riggin. Q. Did you say that instantly after this second shot that you have mentioned. Biggin's head fell back? — A. Yes sir; after the second shot Biggin's head fell back. Q. How was his head before the second shot; how did you hold it then? — ^A. Before the second shot? Q. Yes sir. — ^A. It was resting on my left shouldef. Q. What happened afterwards ? — ^A. His head dropped over my arms,, like his neck was broken. Q. PeU down on your arm, or bent over? — ^A. FeU backwards like, over my shoulder. Q. You say that was instantly after the second shot? — A. Yes sir;; right when the second shot was fired. I saw the smoke of the gun,, and his head went over. Q. The same shot that went throughyour neckerchief and your shirt, went into Biggin's neck and into his body? — ^A. Yes sir. Q. And you know that that shot came firom that gun held by the sol- dier ? — A. Yes sir ; it came from the gun held by the soldier on my right. Q. Whom you have mentioned as having fired the second shot? — ^A. Yes sir. , Q. You know that to be a fact? — A. Yes sir. ' Q. Where did you get the whisky or liquor to give Eiggia? — A. A citizen, a European man brought it to me. Q. Brought it to you at your request? — A. Yes sir. Q. Did anybody offer any objection to that? — A. No sir. Q. The police or anybody else?— A. I don't suppose those police un- derstood it. ^^^ RELATIONS WITjB CHILE. Q. IsTever raiud what you supposed. They did not?— A. They didn't make any objection to m^ giving it to him, or to my getting it. ' Q. You said somebody in the crowd called out, "Johnson, drop him"?— A. Yes sir. , , f Q. Did they mention your name? — A. Yes sir. Q. Do you know who that was? — A, I didn't know at the time; no sir. Q^ Were you acquainted there in the town? — A. I found out after- wards it was the same man that attended the bumboat on the ship. Q. You mentioned somebody who wiped powder from your face?— A. Yes sir ; that was Langen. Q. "Who do you say that was? — A. That was Langen. Q. Where did you get the citizen's clothes you mention? — A. Charles Langen lent them to me. Q. Whereabouts did you get thbm? — A. I got them at Peter Nelson's house. Q. You went back to Peter I^felson's house after this occurred? — A. Yes sir; he brought ms back then to the same place.- I met him up in the street, and he brought me down there again. All the doors were closed, and he'brought me back to the same house. Q. When was the time that you rolled up your collar? — A. After I escaped from the mob, after Eiggin was kiUed. Q. What did you roll your collar up for? — A. So they would not fol- low me. Q. That served to disguise you? — A. To disguise me, yes sir. Q. To conceal your uniform? — A. Yes sir. Q. What made you ask Langen who fired the shots? — A. To take him as a witness ; to get him as a witness afterwards, in case there was anything said, about it. Q. You knew 5^ourself who fired them, didn't you? — A. Yes sir. The Judge Advooatb-Gbneral. — Q. What was the reason the boats you spoke of would not take you aboard, when you tried to get one? — A. What was the reason they would not take us aboard? Q. Yes, sir? — A. Because we belonged to the "Baltimore", an Ameri- can man-of-war. Q. You tried to get aboard? — A. Yes sir; and we offered to pay ten dollars. Q. You offered to pay ten dollars to be taken aboard? — A. Yes sir. Q. What did they say about it? — A. They refused to take us, for any money. Q. Did they give any reason? — A. Because we belonged to the "Bal- timore"; that was the reason. Q. Did they say that?— A. Yes sir. They wouldn't have anything to do with us, because we were American sailors. Q. Did you see anything of a crowd pursuing Talbot? — A. No sir. Q. About how many were in the crowd, in the mob, when you went down the street?- A. About from 75 to 100. The U. S. District Attorney. — Q. You stated in one part of your evidence that you saw these soldiers who had their guns, come to a " ready". Now did they change their position before they fired? — ^A. When they were approaching me, close to me, they were carrying their pieces to a "Eeady"; but in what position they fired, I didn't take notice. I didn't take notice if they come up to a position of firing or not- I couldn't say. But when they approached me they were to a ' , (Sgd.) ' ' J. S. Manley, Commissioner, United States Circuit Cov/rt, Northern District of California. DEPOSITION OP CHAELES LANGEN. Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Eemey, U. S. M. C, Judge Advocate-General ot the U. S. Navy, by order of the Secretary of the Navy, held at the Office Building of the Navy Yard, Mare Island, California, and on the 8th day of January, 1892, before me, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of Cali- fornia, duly appointed and qualified, personally appeared Charles Lan- geii,- who after being duly cautioned and sworn, did depose and say. as loUows, to-wit: • ' , Charles Langen, having been duly sworn, testified as follows: The JiiD&E Advocate General. — Q. State your name, rate and present station.— A. Charles Langen; seaman on board the "U. S. S. Baltimore ". Q. What is your age? — ^A. 25. Q. When did you enlist in the navy and where? — A. In Valparaiso, on board the "U.S. S. Baltimore" on October 23rd, 1891. Q. How long have you been in Valparaiso, prior to your enlistment on board the " Baltimore " ?— A,' Ten days. Q. To what vessel were you attached prior to your enlistment on board the "Baltimore"!— A. The American bark "Nereid." Q. What become of that vessel ?— A. It was wrecked, and went on the beach. Q. At Valparaiso?— A. YeS; sir. Q. On what date?— A. I think it was on the 11th of October, 1891. Q. Were you on shore in Valparaiso, on the afternoon of the 16th of October, 1891?— A. Yes sir. Q. Do you know of any difficulties or disturbances which occurred on shore that day at Valparaiso between any Chilean sailors or others, and the crew of the " U; S. S. Baltimore", or that portion of the crew which was on liberty there that day?— A. Yes sir. Q. State all the facts and ciipcumstances within your knowledge, which relate to that disturbance or difficulty?— A. I was in the house of Peter Nelson on that day, and I saw Johnson, the armorer on board of the " Baltimore " coming m there in the afternoon. He was standing there talking to the boss for a few minutes, and there was a, fellow BALTIMORE INQUIRY. 869 came in there and told us about a row on the outside between American sailors and Chilean sailors. I went outside to see what the row was. When I came outside I see a street car stopped on the corner, and saw two of the American sailors coming oul; of it. They were Eiggin and Talbot of the " Baltimore". They jumped off the car and run across the street. I followed them up. There was a whole crowd of those Chileans behind them with jknives and sticks and stones. Q. Chilean sailors?— A. Yes sir. Q. Inunilormof the Chilean navy?— A. Yes sir. They tackled two of them, Eiggin and Talbot, so I told the fellows to stay together and see what they could do, but they could not get no chance to get in anyway. I refer to Eiggin and Talbot. The sailors would throw stones at them, and come up and hit them with sticks. Then they separated. , Talbot run this way, and Eiggin run that way, and I followed Eiggin. Q. Was this crowd following and chasing you? — A. Yes, sir. Q. What else did you observe in the hands of these people ? Had they any arms or knives?— A. Yes sir, they had knives and sticks. Q. Were their knives drawn and held in their hands?— A. Yes sir. They got hold of Eiggin and he fell. Q. Did they knock him down? — A. Yes sir. They kicked him and hit him with stones. I got hold of one, and threw him on one side, and got Eiggin up again. He run for two yards, and they downed him again. I helped him up again, and he got away again. Then for the third time they downed him again, and I see a fellow stabbing him in the backside with a knife. Q. How many times did you see him stabbing him? — A. Twice. Q. Did you see any others stabbing him at that time? — A. No sir; I only noticed this fellow. He was a Chilean sailor. Q. What was he? — A. A man-of-warsman. Q. A Chilean man-of-warsman? — ^A. Yes sir. Q. In uniform? — A. Yes sir. Q. Was Eiggin lying down? — A. Yes sir. Q. And this man was stabbing him ? — A. Yes sir. Q. Where was this man stabbing him? — A. In the backside. Q. About how large was thih crowd to which you refer? — A. There were 30 or 40 of them lying around there. Q. What were they principally? — A. Chilean sailors and citizens. Q. Which was the largest? — A. I guess there were more citizens than sailors. Q. How many Chilean sailors do you suppose there were? — A. About Q. When you first found Eiggin lying in the street, were there any Chilean police about him! — A. I did not see no police then. After he was stabbed I held him up again. He run for a little bit, and the police came towards him witbi their swords in their hands, and they knocked him down. Q. How many police were there that came at this time? — A. Two of them. Q. They knocked him down with their swords? — A. Yes sir, they came round the corner and drew their swords and knocked him down. Then the rest of the crowd got on top of him, and kept on stabbing him, and hit him and kicked him. Q. On top of Eiggin? — A. Yes sir. Q. Did these police on this occasion, when the crowd was attackiog and stabbing Eiggin while he was lying in the street, attempt to rescue him? — A. No sir, not at all. 24 370 RELATIONS WITH CHILE. Q. What did they do?— A. They stepped back when the crowd was on top of him; they stepped back with their swords in their hands and let the crowd do what they wanted to. Q. Do you mean they stood quietly by, and vritnessed the attack on this man? — A. Yes sir, I think they were a&aid of the men around there. ii. That is the two policemen were afraid? — ^A. Yes sir. Q. When these poMcemen struck Eiggin, as you have stated, with their swords, did they cut him down? — ^A. Yes sir; they knocked him down that way. Q. With their drawn swords? — ^A. Yes sir. Q. After assisting Biggin, in the first place, along the street, were you both attempting to escape? — ^A. Yes sir, I was trying to help him get through. Q. Did Eiggin offer any resistance to the police? — ^A. ISot to the po- lice, to the sailors ; he tried to defend himself to get through. Q. Was he offering any resistance at all, to the pohce at the time they struck him down with their swords? — ^A. ISo sir ; I think he ran for pro- tection towards the police, and as soon as he came up to the police, they knocked him down. Q. How were these police dressed ? — A. In blue. Q. Blue coats and trousers ? — ^A. Yes sir. Q. How were they armed ? — ^A. With swords. Q. Could you describe one of those swords to which you refer ? — ^A. They were kind of narrow swords. Q. What kind of swords did these police carry ? What do you call them '? — A. I don't knowjiheir right name. That is the shape of them (pointing to a diagram). Q. Are they swords such as the police in Valparaiso carry ? — ^A. Yes sir. Q. You referred in your testimony to the fact, that while in Valparaiso, you were stopping at Peter iN'elson's house ? — A. Yes sir. 0- Was that a boarding house? — ^A. Yes sir. Q. That is the house, as I understood you, which Armorer Johnson entered on the afternoon of the occasioii referred to? — A. Yes sir. Q. Look at the plan of that portion of the city of Valparaiso, and indicate the position of Peter Nelson's house referred to? — ^A. It covers a block between Calle Valdivia, and Calle Marquez, and between CaJle Arsenal and CaUe Cochran. Q. Xow proceed with your story? — A. The whole crowd jumped on top of Eiggin and kicked him and stabbed hifli. I left them. There was another crowd on the other corner, and I ran towards that comer, be- cause Eiggin was lying there still, and did not move. I run up to the other corner, and I see Hamilton there with two more of the men of the "Baltimore". I told them to go in somewheres, but they could not get a chance. They were right on top of them. Q. Who was on top of them? — A. The Chilean sailors. Q. Were they attacking them? — A. Yes sir. Q. Who were tlie other two men with Hamilton whom you have re- ferred to? — A. I don't know who they were. Q. They were two sailors of the "Baltimore"? — A. Yes sir; they were throwing stones at them ; two of them run that way (pointing), and Hamilton was by himself. They were throwing stones at him. I told him to look out for those stones, and he dived his head 2 or 3 times from the stones, but the last one caught liim in the neck. Q. Who was throwing those stones ? — A. Chilean sailors and citizens BALTIMORE INQUIRY. 371 too. One stone struck Hamilton in the back of the neck, and knocked his head tip, against a house there, and he run for a little piece, and fell in the gutter with his face down. I turned his head round, to see who he was, but he did not move. Q. He was lying in the gutter at the time? — A, Yes sir. Q. Senseless? — A. Yes sir, he was senseless. Q. From the blow of the stone? — A. Yes sir; his head was bleeding, and his neck was all over blood. He was lying there still, and I walked , back again towards Eiggin. There were four of the "Baltimore" men coming up in a cab, and I, told them to stay in the cab and drive away up town. Q. You. told them not to get out of the cab? — A. They were going to come out of the cab, and help the rest. Q. Yoti told them not to come out? — A. Yes sir. Q. Why did you tell them that ? — A. Because they would have been killed there too. Q. You did that for their own protection? — K. Yes sir. Q. Wherewas this cab coming from; in what direction? — A. The cab was coming south on Calle Cochran. I told them to stay inside and drive away up town. Q. Did they do so? — A. Yes sir; they went away up town, and I did not see no more after that. Q. Then you went to Eiggin again? — A. Yes sir, I walked right ' through the streets up to the corner of the CaUe Valdivia, and saw the soldiers coming up Valdivia street, in the direction of the Calle Arsenal. I followed the soldiers on the Calle Valdivia, to the corner of the Calle Valdivia, and Calle Arsenal. Q. How were those soldiers marching? — A. Two and two. Q. By twos, you mean? — A. Yes sir. Q. Were they on foot? — A. Yes sir, and one on horseback. Q. About how many of those soldiers were there? — A. 35 or 40. Q. H;)w were they armed? — A. With rifles. Q. How were they uniformed? — A. Eed pants, blue coat and redcap. Q. Had you ever seen the uniform of the soldiers of Chile before? — A. Yes sir. Q. Were they in the uniform worn usually by the Chilean soldiers? — A, Yes sir. Q. You saw them at the corner of the Calle Valdivia, and the Calle Arsenal, as they were passing? — ^A. Yes sir. Q. Then what happened? — A. When I came up to the corner of the Calle Valdivia, and on the east side of the Calle Arsenal, I see armorer Johnson standing on the opposite comer with Eiggin in his arms. Q. On the opposite corner, and on the other side of the Calle Arse- nal?— A. Yes sir. The soldiers kept on marching right up to them, and they stopped about two yards off, just on the sidewalk, two yards . off Johnson and Eiggin. The two first ones leveled their rifles and fired. Q. Fired at whom?— A. They fired at both Johnson and Eiggin. Q. How many shots were fired? — A. Two. Q. How far were you from the soldiers, when they fired as you have stated, at Johnson and Eiggin?— A. 15 yards I guess; ahttlemore; 16 or 17. Q. Was there any crowd between you and the soldiers in the street ? — A. ~S.o sir, they were standing on the sidewalk. Johnson was stand- ing here (pointing), and the soldiers came up the street. The road was clear enough for me to see. 372 RELATIONS WITH CHILE. Q. You had then an unobstructed view of the two soldiers who were firing 1! — A. Yes sir. Q. There were no persons between you and the two soldiers who were firing? — A. Fo sir. Q. Riggin and Johnson, as I understand from your testimony, were near the sidewalk ? — A. Yes sir. Q. At the corner? — A. Yes sir. Q. Were there any other shots than those two fired at that time, or about that time, that you heard?— A, No sir; those were the only two that I heard. Q. If there had been others in the immediate vicinity, would you have heard them ? When 1 say in the immediate vicinity, I mean right there then?— A. Yes sir; I think I should have heard them, but then I did not stay there long afterwards. Q. If there had been other shots tired at the time the two shots were fired, would you have heard them there? — A. Yes sir, I should have heard them then, the same as I did the other ones. Q. Could you see distinctly the rifles inthehands of these soldiers? — A. Yes sir. ,- Q. How were they pointed? — A. They walked up to the sidewalk and 'leveled their rifles like this (illustrating). t Q. Holding their arms, ready to fire? — A. Yes sir. t Q. At Avhom were these rifles pointed? — ^A. At Johnson and Biggin. Q. Could you see that distinctly? — A. Yes sir, because they were standing there alone like this, and the rest of them drawed back when the soldiers came up. Q. Do I understand that when the soldiers came up, the mob fell back? — A. Yes sir. Q. Were there any people in the street between the soldiers and Eig- l- gin and Johnson, when the soldiers were marching up towards them? — ' A. S^o sir ; they cleared the road then. Q. Did you see these soldiers discharge their rifles ? — A. I see one of them, the one on the right hand, level and fire his gun. Q. Was that the first shot? — A. That was the first shot. Q. Was that the. one towards you ? — A. That was the one on the side I was standing. Q. Did you see the other one ? — A. No sir, I did not see him. Q. You saw the first shot fired? — A. Yes sir. Q. Could you not see the second soldier who fired the shot ? — A. Yes sir, I could see him. Q. Did you see a shot fired from the rifle of the second man? — A. I did not see the second man, because the soldiers in the> back came round in front. Q. Did you see two shots fired? — A. No sir; I saw only one fired. Q. You heard the other one?— A. Yes sir, I heard the other one afterwards. Q. Who fired the second one?— A. I could not say that. Q. I do not mean his name. Was it fired by the other leading soldier ? — A. Yes sir. Q. Are you sure of that?— A. Pretty sure of it, because there was no one else there. I saw them level their guns, and the shots were fired so quick. Q. Both shots were fired as I understand, about the same time?— A. Not quite the same time. Q. About how much interval of time was there, between the shots?— A. There were a few seconds between the two shots. BALTIMORE INQUIRY 373 Q. Can you say -whether or not the second shot was tired by one of fthe soldiers, to the best of yoilr knowledge'?— A. Yes sir, it was fired fby one of those soldiers. I. Q. Did you see Johnson and Eiggin immediately after the two shots i.were fired? — A. I just could see Johnson drop Riggin, and he got : through the crowd of soldiers. Q. He ran? — A. Yes sir; he ran. Q. How long after that, did you see Eiggin? — A. After tliat I see him in the drug-store. Q. How long afterwards? — A. That was about 15 minutes after- wards; 13 or 15 minutes Q. In what condition was he, when you saw him ! — ^A. There was a whole crowd of them around him then. Q. Was he dead or alive f — A. I could not say. Q. You could not get close to him ? — A. Xo sir. Q. Did you see Riggin fall right after the shots were fired? — A. If I am not mistaken, I think Johnson dropped Riggin between the first and second shots. It was so quick work altogether, that I could not say exactly. Q. We want to know what you saw. This is a very particular occa- sion, and we do not want what you think, but what you saw. Did you see Johnson at the time he dropped Riggin in the street!-— A. I seen Johnson drop him and try to make his way through the crowd. Q. Can you state positively the exact time, with reference to these two shots, when Johnson dropped Riggin? If you do not know, say so? — ^A. I cannot state the exact time. The United States Attorney. — Q. Then when you say if you are not mistaken that you think Johnson dropped Riggin between the first and second time. th4t is merely a surmise on your part? — A. Yes sir. Q. And you do not pretend to kno-w whether it was before or after the second shot? — A. No sir, I do not. Q. Where did you go? — A. I stood on the corner, and stood still. Q. As soon as you saw the shooting? — A. Yes sir. Q. How long did you stay there? — A. Until Johnson ran out through the crowd, and I followed Johnson. The Judge Advocate General. — Q. Where did joxi and Johnson go, after that? — A. Johnson run on a different street altogether. There was a crowd running after Johnson, and I was running after Johnson, and I turned round into another street, and the whole crowd followed me instead of Johnson. It was pretty well dark then, and when they saw that Johnson was not with me, they left me and tnn back again. They were after Johnson. I run through this street (pointi u g) , and met John- son 2 or 3 blocks below that. Q. Who were these people?— A. Citizens and Chilean soldiers. Q. They were ijursuing Johnson ? — A. Yes sir. Q. When did you first meet Johnson that afternoon? — A. In the house. I seen him coming in there. Q. In what house? — A. Peter Nelson's. Q. What time of day was that?— A. Ten minutes past 5. I had just had my supper. Q. What occurred in the house when Johnson was there? — A. A man came in there and sang out "There is a row betVseen Chilean and American sailors." Q. Outside? — A. Yes sir, he said that it was outside in a street-car; that they were trying to pull them out of the car. 374 RELATIONS WI^H CHILE. Q. What occurred then iu the house?— A. I nin out of the house and I seen two of them, Eiggin and Talbot, jumping out of the car, and running up the street. Q. What did you and Johnson do, after you escaped from the mob, and after the shooting of Biggin?— A. When I met Johnson I turned in the white of his collar so that he would not be recognized as an American sailor, and took him up to Peter Nelson's house, and I gave Mm another suit of clothes, citizens clothes, and we went out again. "^ Q. What did you give him the citizens clothes for? — A. So that they would not recognize him. We passed by, and was going to Ipok for Eiggin. We came up to the drug-store, and Eiggin was in the drug- store, and there was a whole crowd round, and we could not get near ^there. From there I took Johnson up to a house, and told him to stay there over night. Johnson stayed there over night. I went out there after-^ards, and everything was quiet then. They had Eiggin away at that time. Q. When you and Johnson went out, and Johnson was in citizen's '•, clothes, were you molested then? — A. K'o sir; not at all. ':' Q. Were there any crowds there then? — A. Yes sir; there was a I crowd there, but they did not know us. Q. They did not recognize you? — A. B"o sir. ^, Q. What was the condition of Eiggin and Talbot and Johnson, as to S'. sobriety, at the time that you saw them on the occasions referred, to? — '5 A. They were sober. Q. Did they have any arms or weapons or knives of any kind about them? — A. No sir; not that I seen. Q. What were the cries of the mob when they were pursuing Eiggin, Talbot, Johnson and yourself, on the occasions referred to by you in your testimony? — A. They were hollering there, but I could not under- K stand what they were saying. They were hollering around and jump- ing about. Q. You cannot speak Spanish? — A. Yes sir, I can speak a little ► Spanish, but I did not take notice of what they said. f^ Q.. Had you heard prior to the afternoon of the disturbances re- fe ferred to, that such disturbances were expected in case of the landing of the crew of the "Baltirnore" on leave at Valparaiso? — A. Yes sir; ; there was talk going on before; a couple of days before that. They said that the American sailors were coming on shore two days after- V wards. " Q. Who was saying that? — A. Lots of them around there. Q. What did they say about that?— A. I did not understand that much, but I know they told me, that the American sailors were coming ashore two days after that. Q. Who toJd you that?-^A.; Some of the men round there. Q. Chileans? Some of the people who lived ashore?— A. Yes sir; this was up in a dance-house where I heard it'. Q. Was there anything said about there being any trouble in case they came ashore? — A. No sir; not that I understood. Q. State as nearly as you can, the time or hour, in which Eiggin was shot by the soldiers, as stated in yqur testimony? — A. It must have been close on to sjix o'clock. Q. Look at the plan of the city, and point to the position where Eiggin fell after being shot on the occasion referred to?— A. On the west side of the Calle Arsenal, near the Galle Valdivia, about a couple of yards from the corner of the Oalle Valdivia. Q. Were Eiggin, Talbot and Johnson in regular uniform on the oc- casions referred to? — ^A, Yes sir. BALTIMORE INQUIRY. * 375 Q. After leaving Eiggin, when you first found liim in the street sur- rounded by the inob, what interval elapsed between that, and the time you saw Johnson and Eiggin on the corner, when the shots were flted by the soldiers, and Eiggin was killed"?— A. 25 minutes or a half an hour J something like that. Not quite half an hour. Q. When you saw Hamilton on the occasion referred to, had he been wounded? — A. A stone had struck him on the neck, and knocked him senseless. He was bleeding from the neck. Q. You left him lying in the gutter? — A. Yes sir. Q. Did you see any other assault made on Hamilton "? — A. No sir, I left him there. I did not see no more of him. Q. You have stated that one of the soldiers was mounted? — A. Yes sir. Q. Describe the uniform as near as you can? How he was uni- formed? — A. He was dressed in blue. Q. Was he in charge of the soldiers? — A. Yes sir. Q. Then, as J understand it, the officer in charge, was dressed more like the police than like the soldiers? — A. Yes sir. , Q. Did you understand that he was a police officer in charge of the soldiers? — A. Yes sir. (Sgd.) 1 C. Langbn; United States op America, State and Northern District of California^ ss: . I, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of California, do hereby further certify that Charles Langen', the witness who subscribed to the foregoing deposition, was by me duly sworn; that said deposition was taken on the 8th day of . January, A. D. 1892, at the Office Building of the Navy Yard at Mare Island; that said deposition was taken down in short-, hand by stenographers employed for that purpose, and afterwards by them reduced to typewriting, and read over to the witness, and by him declared to be correct, and by him subscribed in my presence. . In witness whereof, I have hereunto set my hand this 9th day of Jan- nary, A. D, 1892. .(Sgd.) J. S. Manley, Commissioner J Ufited States Circuit Court, ' Northern District of California. DEPOSITION OP JOHN B. LAESON. Be it remembered, that at the above-entitled examination", conducted by Colonel W. B. Eemey, U. S. M. C, Judge Advocate- General of the U. S. Navy, by order of the Secretary of the Navy, held at the Office Building of the Navy Yard, Mare Island, California, and on the 8th day of January, 1892, before me, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of Califor- nia, duly appointed and qualified, personally appeared John B. Larson, who, after being duly cautioned and sworn, did depose and say as fol- lows, to-wit: — John B. Larson, having been duly sworn, testified as follows : The Judge Advocate General. — Q. State your name, rate and present station. — A. John B. Larson; seaman on board the "U. S. S. Baltimore." Q. Were you a member of the crew of the " Baltimore " in your present 376 • ♦ RELATIONS WITH CHILE. rate on the 16tli day of October last, when that vessel was in the harbor of Valparaiso, Chile? — A. Yes sir. Q. Did you go on shore, on liberty, with other members of the crew of the U. S. 8. "BaltiiQore" in Valparaiso, on the 16th day of October last? — A. Yes, sir. Q. What time did you go on shore on that day ?— A. I went on shore between the hours of one and two o'clock in the afternoon. Q. Do you know of any difficulty or disturbance which occurred on shore in Valparaiso th^t day, between any Chilean sailors, or others, and members of the crew of the "Baltimore" who were then on leave there? — A. No sir; I didn't see any that day, until the evening. Q. The evening is a part of that day. Commence and tell what oc- curred; whal^ you saw that day? That evening includes the day. Go ahead and tell your story. — A When I went ashore, I met a fellow" I knew ; and he told us to look out for ourselves. He said they are lay- ing for you; and I advise you to be in the house before dark. Q. That was when you went ashore, that you were told that? — A. Yes sir. Q. You say you met a fellow who told you that? — A. Yes sir. Q. Who .was he? — A. George Smith; a' fellow I met when I was there ashore before. Q. Is he a Chilean resident? — A. Yes sir. I met him when 1 was on shore there before. Q. He was a friend of yours? — A. Yes sit. Q. Then you lived on shore at Valparaiso, prior to the occasion re- ferred to? — A. Yes sir. Q. How long did you live there prior to that time? — A. About a month, I lived there. Q. Did you enlist at Valpariaso, on board the 'Baltimore'? — A. Yes sir. Q. When did you enlist on board the U. S. S. "Baltimore"? — ^A. I enlisted the 5th day of May, 1891. Q; What advice did your friend Smith give you on this occasion? — A. He told me to look out for myself; that it was best to look out for myself, because these Chileans were laying for us; and that they would grab us after dark. He said, " I advise you to be in the house before dark." Q. Did you understand from him why they were laying for you? — A. 21^0 sir; I did not. Q. Did your friend Smith know that you were a membenof the crew of the "Baltimore"?— A. Yes sir. Q. Were others of the liberty party with you at this time, when he gave you this advice? — A. Yes sir; there were three others along with ine. Q. Who were they? — A. Dang, McElwain, and-Borstel. Q. Were they members of the crew of the "Baltimore"? — A. Yes sir. Q. What time of the day was this when you got this warning? — A. It was between the hours of one and two o'clock in the afternoon; just when we landed. Q. When you first landed? — A. Yes sir. Q. Go on?— A. We went from there to a street above the "Shake- speare"; Calle Cochran. Q. What part of the town was it in ?— A. It is near the Plaza Ech- aurre. We went there to see a friend of mine. I stopped there about five minutes. We went from there down to a livery stable, and got horses and went out for a ride. We came back into the town 'about BALTIMORE INQUIBY. ' 377 four o'clock, or after, and had our dinner. Us four went from there up to the Plaza Victoria then. Q. That is in the other end of the town? — A. Yes sir. We were up there about half an hour, and those three fellows left me. Then I met a fellow by the name of McBride. Q. Was he a resident of Valparaiso? — A. No sir; he belonged to the "Baltimore," to the engineer's departlnent. Him and I went down town again; and going dowu we met P. Johnson and Pfeiffer; and they told us there was a fight down in the square. Q. Down in what square ? — A. Down in the Plaza Echaurren ; and they advised us not to go down there. Q. Were they members of the "Baltimore's" crew? — A. Yes sir. Q. What did they say to you when they advised you not to go down there? — A. They said there was a fight down there, and that we could not get aboard of the ship; and that if the policemen caught us they would arrest us. Q. Do you mean the Plaza Echaurren? — A. I was down almost to the Mole when I met them. So McBride went along with Johnson and Pfeiffer; and I weiit down towards the Plaza Echaurre, down towards Calle Cochran, on the left hand side going up the street. Q. Gro ahead. Where did the others go? — A. The others went up towards Plaza Victoria again. Q. They went back towards the Plaza Victoria? — A. Yes sir. Q. What is P. Johnson? What is his rating aboard of the ship? — A. He is a gunner's mate. Q. You don't refer to armorer Johnson ? — A. No sir. Q. Gro ahead. — A. I got as far as up to the Square, and there was about a thousand people in the square there; and they seemed to be aU in an uproar. Q. What square? — A. The Plaza Echaurren. Q. What time was this? — A. This was about six o'clock. Q. Was this in the evening? — A. Yes sir; in the evening., I met a few fellows there that linew me by sight, and they advised me to go back, to go to some hotel. Q.' Why? — A. They said there was fighting going on, and that two or three of our fellows were badly hurt. Q. Was there any reference made by them to the fact of your being in uniform? — A. Yes sir. Q. What was it? — A. They said, if they see you in American uni- form, thgy will tackle you; that they will tackle anybody they see in American uniform. Q. You were told by these men there, that the crowd would tackle anybody who wore the American uniform ? — A. Yes sir, Q. Well, go on. — ^A. Then I went back on the same street I came up to the hotel, and I asked for a room; and they told me I could not have it; they told me that the hotel was full; they told me to get out. I met a fellow there that I knew by sight;, and I asked him for the loan of his coat and hat. He asked me what I wanted with it, and I said I wanted to go up to the square. And lie said, "All right; I will lend you my coat and hat for a dollar," I took his coat and hat, after pay- ing him a dollar, and went up to the square. Q. Why did you want his coat and hat? — A. I wanted them to dis- guise myself. Q. You wanted them for protection ? — A. Yes sir ; for protection. I knew if I went up therein my coat and hat, I would be attacked. By the time I got uj) to the Square, I could not see anybody there then ; so 378 RELATIONS WITH CHILE. I went into a liouse that a fellow by the name of Tom Jenkins kept. It is called "The Swansea House". Q. Had the crowd all dispersed there then ?— A. No sir; the crowd was there yet. Q; Where was the crowd?— A. Around the Plaza Echaurren. Q. What do you mean by saying that you could not see anybody there then when you went back? — A. I could not see anybody that I knew; I could not see anybody in uniform. Q. You do not mean that you could not see the crowd? — A. Ho sir; the c^owd was still there. Q. What did the crowd consist of; who were they?— A. The most part of them were citizens. Q. Were any Chilean sailors in the crowd?— A. Yes sir;' there was. Q. Were they in uniform?— A. Partly in uniform; yes sir. Q. In what uniform; the Chilean uniform?— A. Yes sir; the uniform of the Chilean B'avy: Q. Gro on? — A. Going up the street, up the Oalle Cochran, there was a squad of soldiers passed me, with an officer ahead of them on horse- back. , Q. Where was this? — A. They were going up the street on double time; in Cochran Street. Q. Near what other street ?^A. Near the Plaza. Q. There is the Plaza; and there is Cochran Street, (showing on Diagram). Which way were they going; towards the Plaza? — A. Yes sir; they were going towards the Plaza. Q. How were the soldiers marching? — A. They were on double time, sir. Q. What was the formation; fours or twos? Do you understand what I mean?^-A. Yes, I iinderstarid. There was not much of a forma- tion about them. They were all in a gang. There was no formation at the time I saw them; they were running in a crowd. Q; They were running in a crowd at the time you saw them? — ^A. Yes sir. Q. Was this before or after Eiggin was shot? — A. This was before Eiggin was shot. QiB!ow long before Eiggin was shot? — A. I should say it was about twenty minutes before. Q. About how many soldiers were there? — A. There were between twenty and thirty soldiers. Q. They were going towards the Square, do you say? — A. Yes sir. Q. Did you see the soldiers later there? — A. No sir; I did not. Q. You only saw them on that occasion? — A. I only saw them on that occasion. , Q. You didn't see them at the time that Eiggin was shot? — A. No sir; I was going back to the hotel at the time that happened. Q. GrO on and tell whatever you saw next? — A. I went around the Square, the back of the square, and went up to this house where I was known. I got fk suit of citizen's clothes from a man that kept the house, and me and him went down to the drugstore. We heard of Eiggin be- ing at the drugstore then, and we went down there, and they would not let us in. ' Q. Was Eiggin there then? — A. Yes sir. / Q. What time was this? — A. This was between six and seven o'clock. Q. Did you see Eiggin there?— A. 1 saw his body. I could not see his face. It was covered with a white cloth. He was apparently dead. Q. Who was in charge of the body? — A. Two policemen. BALTIMORE INQUIRY. i 379 Q. How were tlie policemen dressed? — A. They were dressed in blue. Q. How were the soldiers dressed that you saw marching up the street? — ^A. They were dressed in the uniform of the Chilean army. Q. What was it? — A. Eed pants, blue coats, and red caps. Q. And this officer in charge of them, how was he dressed? Did you notice how he was dressed? — A. No sir; I did not. He was dressed as an of&cer of the army. Q. Do you know positively that he was an officer of the army? — A, Yes sir. Q. You think he was. Why do you think so? — A. Well, by the look of him; by his sword and everything that he carried about him. Q. How were the soldiers armed, that you refer to? — A. They were armed with rifles. Q. Were their bayonets fixed or not? — A. No sir; the bayonets were ' not fixed. Q. Did you see any policemen about at that time? — A. No sir. Q. None at all? — A. No sir;. only the two at the corner of the drug store, where Riggin was laying. Q. How were they dressed? — A. They were dressed in blue.' Q. How were they armed? — A. They were armed with sword bayo- nets or cutlasses. ' > Q. Was the crowd about there at this time? — A, Yes sir. Q. Were they making any noise at the time; were they boisterous? — A. They were hollering and shouting. They seemed to be glorying over what they had done. Q. When you saw and heard the crowd in the Plaza Echaurren, you say there were about how many people when you first sawithem? — A. There were about a thousand. Q. Did you see_ any of the Baltimore's crew about the time you went to the Plaza there; at the time that you went to the Plaza Echaurren? — A. No sir; I didn't go far enough in the crowd to see anybody. Q. You didn't see anybody then? — A. I didn't see anybody on the outskirts of the crowd,. as I was going around there. Q. Afterwards, when you, returned, you saw the soldiers? — A. No sir; I saw the soldiers gjoing up towards the Square.' Q. You saw the soldiers when you were leaving the Square ?^A. No sir ; when I was going up to the Square the first time, I saw them. Q. About what time was that; about six o'clock, do you say? — ^A. Yes sir; it was about six o'clock. Q. I Then, when you went to the drugstore to see Riggin, do I under- stand you that the crowd was still outside; this mob? — A. Yes sir. Q. What were they crying out ; what were they saying ? — ^A. I couldn't understand what they were saying, because 1 could not speak Spanish; but they seemed to be glorying at something. Q. How far was this Plaza from the drugstore yOu refer to? — A. The drugstore wa? right alongside the Plaza ; right on the corner of the street. Q. Is that the Plaza Echaurren which you refer to? — A. Yes sir. i Q. Was the crowd that you saw in the plaza first, were they crying out anything; yeUing or making a noise of any kind? — A. Yes sir. Q. What did they say? Did you understand anything that was said at aU by this crowd? — A. No sir; I didn't go near enough to under- stand what they said. I kept on th6 outskirts of the crowd; and it was the crowd that was in the centre, that was doing all the hollering. Q. And you could not hear anything at all that they said? — A. No sir. 380 RELATIONS WITH CHILE. Q. Well, did you see any of the men assaulted; did you see any of the "Baltimore's" crew assaulted by any of these people on shore? — A. ISTo sir. There were two fellows came into the place where I was, and asked if there were any American sailors in there. Q. Whatisthat?— A. There were two fellows came into the place where I was, and asked if there were any American sailors there, and we told them no. / Q. Who were the fellows you refer to?— A. Chilean men of war's men. Q. What did they want?— A. They wanted to find out if there were any American sailors there. They wanted them out in the street. Q. What did they want them out in the street for?— A. I don't know. Q. What do you think they wanted you out for ?— A. Well, to have a row. Q. Did you observe whether the mob or any people in the mob had i .weapons or knives, or arms of any kind? — A. Yes sir; I saw one fellow who had a knife; he had a bowle knife about that long ; about six inches long. Q. What was he? — A. He was a Chilean. Q. Was he a citizen or a sailor? — A. He was a sailor of the ISTavy; he wore the uniform. Q. You didn't see then, as I understand you, any assault committed on any person? — A. No sir. Q. Do you know how long the crowd remained on the Plaza Eehaurre? — A. They were around there until after nine o'clock. Q. Where were you in the meantime? — ^A. I went into a house close to the Plaza. Q. And you remained there all night? — ^A. Yes sir. Q. Did you go off to the ship the next morning ? — A. The next morn- ing I came out about seven o'clock, and I met three Chilean sailors of the navy going up on the opposite side of the street; and they said, "Come here, Americano; we want you"; and I didu't pay any attention to them. I went down the street. Q. Were you in uniform then? — A. Yes sir. Then I went into a sa- loon called the " Eoyal Oak", and they came in after me. Q. Where was this saloon? — A. It was down towards Cochran street. Q. In the near neighborhood there? — A. Yes sir; in the neiglibor- hood of the Plaza. Q. Was it on Cochran Street? — A. Xo sir; it was not on Cochran Street. ■': Q. Which street is it on ? — A. It is on the Plaza Eehaurre. Q. It is on the Plaza Echaurren? — A. Yes sir. Q. You went into that saloon? — A. Yes sir; and those three fellows came in after me. Q. What three fellows l—iV. The three Chilean sailors. And one of them spoke English to me, and he said, " What is the matter with you" ? And I said, "There is nothinj,' the matter with me." " Well", he said, "you see;ii to be scured"; I said, "Xo, I am not scared; but the way things were carried on last nighty a fellow has got to look out for him- self." He- said, '■ You need not be scared of us; we had nothing to do with it. Webelonj,'' to the Cochran; we had nothing to do with the fight at all." S:p he asked me to have a drink, and I had a drink with him ; and he left. Q. Was that all ?— A. That was all. Q. Did you then go aboard the ship?— A. No sir. I met Johnson, the armorer. BALTIMORE INQUIRY. 381 Q. Did you see any difficulty after that with anybody? — A. ^es sirj they tackled me down towards the landing after that. Q. Who tackled you down towards the landing? — A. Three Chilean sailors tackled me first. Q. Three Chilean sailors belonging to the Navy? — A. Yes sir. One grabbed me by the lanyards, and another fellow hauled out a knife; and Langen came behind me and slipped the lanyards over my head, so I got away. Q. Is that the man Langen that is now aboard the Baltimore?— A. Yes sir. Q. He slipped what over your head? — A. He slipped the lanyards over my head, so I could get away. Q. You say one of them had his knife drawn to cut you?— A. Yes sir; he was standing on the left side of me, Q. What kind of a knife was it? — A. A sheath knife; and he says, <' Me kill you". Q. What did he say further than that? — A. I says, "What do you want with me"? And he said, "Me kill you", and he caught me by the lanyards ; and as soon as he did that Langen slipped the lanyards over my head, and I got away. I had better run than face his knife. Q. Did they pursue you? — A. They followed me until Iran into the Yalparaiso Eestaurant. And in there we were told that we were not wanted there; that we had to go out; and I went around the corner into Cochran Street; and then the mob was coming down the street, heaving stones and bricks at us. Q. A mob? — A. Yes sir; citizens and sailors. Q. This was on the 17th? — A. Yes sir; in the afternoon, about one o'clock on the 17th.' Q. Who did they pursue? — A. Anybody that wore the American uniform. They tackled me twice. Q. How did they tackle you; what did they do? — A. The first time they got hold of my lanyards; and the second time they were throwing stones. They could not get hold of me, because I ran into the restau- rant. Q. What location was this? — A. This was down near the Landing. Q. In front of the Intendenciaf — A. Yes sir. Once they got hold of me by the lanyards; and the next time they were throwing stouesat me. Q. Is that the time that the three men had you by the lanyards? — A. Yes sir. Q. Did this other crowd grab you by the lanyards too? — A. No sir; they didn't get hold of me. Q. What was this crowd that you refer to? What did they consist of? Who were they? — A. They consisted of sailors and citizens. Q. About how many do you suppose? — A. About 25 or 30, or there- abouts. Q. Go on; what occurred then? — A. I went into the restaurant then; and some Chilean army officers came in there. Q, Some Chilean army officers came in there? — A. Yes sir; and they asked me if we wanted to go aboard. Q. Who were with you at this time? — A. Johnson, the armorer, Patterson, and Charley Wilson. ' Q. Were these ihen with you at these different times you were at- tacked on the 17th of October? — A. Yes sir. Q. Were they attacked too? — A. No sir; not that I know of. Q. These men that* were with you were not attacked? — A. No sir* they seemed to go for me both times. ' 382 RELATIONS WITH CHILE. Q. Go on?— A. These officers came in there, and asked if we wanted to go on board, and we said yes. They said, " Well, we will see you safe down to the landing, and get you aboard" Q. What time was this?— A. This was about between the hours of one and two o'clock, Q. You say they were Chilean navy officers?— A. Ko sir; they were Chilean army officers. Q. How many of them were there, about?— A. There were about five or six of them. Q. You say Johnson, the armorer was there? — A. Yes sir. Q. And Patterson was there? — A. Yes sir. Q. Did he go with you? — A. Yes sir. Q. With these officers? — A. Yes sir. Q. What did they do?— A. The officers drew their swords, and said ."Come on, boys; we will see you down to the landing". And they made a way through the crowd, and took us down to the landing; and the boatmen would not take us off. Q. What boatmen? — A. The Chilean boatmen. Q. Would not take you off to the ship? — A. No sir. We said, "We will pay you for it". " It doesn't matter," they said; " You are Amer- icano; you are no good." I knew a fellow there, an Englishman, who keeps a boat there; and he said, " I will take you off", and he took us off to the ship. Q. You got off to the ship at what time? — A. About two o'clock. Q. How many of you were there? — A. There were four of us. Q. Did you have any warning or information, prior to the time that you went ashore, which you have related, of the fact that there might be an assault made upon the crew of the ' Baltimore ' who they got on shore at Valparaiso? — A. Yes sir. Q. Well, by whom and when? — ^A. By the man that keeps the "Eoyal Oak "Saloon. Q. How long before this 16th day of October was this ? — A. It was about the 12th or 13th of October. Q. What did he say to you? — A. He said it would not be safe for we fellows to go ashore just now. Q. Did he tell you why? — A. Well, he said the Chilean sailors didn't like us. Q. What is that?— A. He said the Chilean saUors didn't like us; that we were not very well liked. Q. Did he say anything farther on that subject? — ^A. He said we would be better off goi^ig to Coquimbo and getting liberty, than to come ashore there; because there was bound to be trouble. Q. What was your condition of sobriety on the 16th and 17th of October last, on the occasions referred to? — A. Everybody I saw was sober, sir. Q. Everybody?— A. Everybody belonging to the ship I belonged to; everybody belonging to the 'Baltimore' was sober. Q. How were you?— A. I drank about three glasses of beer. That was all I drank all day. Q. Were you sober or not?— A. Yes sir, I was sober. , Q. Did you have any arms or knives or weapons of any kind about you? — A. No sir. Q. Did you see any arms, weapons, or knives or know of any in the possession of the men whom you saw that day on the shore, beloneinff to the "Baltimore"?— A. No sir. ' . Q. Did you observe any disorderly conduct on the part of any of the BALTIMORE INQUIRY. 383 crew of the "Baltimore" on shore that day in Valparaiso'?— A. STo sir. Q. Did you go on shore again after you went on board of the ship on the 17th of October last?— A. No sir. Q. While the ship was at Valparaiso? — A. No sir. (Sgd.) John B. Larson. United States of America, State and Northern District of California, ss: I, James 8. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of California, do hereby fur- ther certify that John B. Larson, the witness who subscribed to the foregoing deposition, was by me duly sworn; that said deposition was taken on the 8th day of January, A. D. 1892, at the Office Build- ing of the Navy Yard at Mare Island; thdit said deposition was taken down in short hand by stenographers employed for that purpose, and afterwards by them reduced to type-writing, and read over to the wit- ness, and by him declared to be correct, and by him subscribed in my presence. In witness whereof, I have hereunto set my hand this 9th day of January, A. D. 1892. (Sgd.) J. S. Manley, ' Gommissioner, United States Gvrcuit Court, Northern District of California^ DEPOSITION OP JOHN H. DAVIDSON. Beitremembered, that at the above-entitled examination, conducted by Colonel W. B. Eemey, U. S. M. C, Judge Advocate-General of the U. S. Navy, by order of the Secretary of the Navy, held at theOfBce Building^ of the Navy Yard, Mare Island, California, and on the 8th day of January^ 1892, before me, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of California, duly ap- pointed and qualified, personally appeared John H. Davidson, who, after being duly cautioned and sworn, did depose and say as foUows, to-wit : John H. Davidson, having been duly sworn, testified as follows : JuDG-E A^vooatb-General. — Q. state your name, rating and present station? — ^A. My name is John H. Davidson; I am a landsman, on the U. 8. 8. "Baltimore"; Q, What is your age? — A. 24 years. Q, How long have you been in the U. 8. Navy? — A. Two years^ seven months, and twelve days. ' Q. Were you attached to the U. S. S. "Baltimore" as a member of her crew at Valparaiso, on the 16th of October last? — A. Yes sir. Q. Did you go on shore on that day on liberty with other members, of the crew, at Valparaiso? — A. Yes sir. Q. Do you know of any difficulty or disturbance which occurred oil shore that day at Valparaiso, between Chilean sailors or others, and members of the crew of the "Baltimore" who were on shore there on leave? — A. Yes sir. Q. State all the facts and circumstances within your knowledge re- lating to such disturbance or difficulty? — A. I went ashore about one o'clock on the 16th, with the first liberty party; the first and second liberty party consisted of about half the ship's company. Q. Go on. What did you do and see after you got ashore? — A. After we got on the beach, I started up the Mole with George Taliaferro. 384 ^ RELATIONS WITH CHILE. ' Q. Who is he? Is he a member of the " Baltimore's" crew ?— A. Yes sir: he is a member of the "Baltimore's" crew. I aslced him to go ana have a drink with me, and he said he hadn't time, that he would have to go back ; and I walked back to the mole with him. He was in charge ^ of the boat, to carry us back to the ship. Then I was alone on the Moie and I walked up the street, and I met Johnson and Miller. Q. What Johnson do you mean?— A. Johnson, the armorer; ana MiUer, the boiler-maker. Q. Of the "Baltimore"?— A. Yes sir I walked up the street a way with them, and I left them and got on the car; and I got out at the Plaza Victoria. That was in the eastern part of the Oity. Aiid 1 went into a saloon in the corner, and met Biggin, Talbot, Downie and Honnors. Q. You met them there?— A. Yes sir. I stayed with them; we stayed in that part of the city for about a couple of hours, and then we took a cab' from the Plaza Victoria,, and went to the dance hall, the "Shake- speare". , • ■ iV Q. That is in the other end of the city?— A. Yes sir; that is m the other end of the City. And we went in there, and the proprietor said he had to close; that he thought there was going to be trouble between us and the Chileans ; that he was not going to have any row in his place; because he paid two or three fines for that kind of doings before. Q. Was there a crowd outside in the street at that time, that you observed?— A. No sir. He said there was a crowd watching; some- thing to that effect. Q. Go on. Say what he said. He said there was a crowd watching for what? — A. He didn't say there was a crowd watching. He said he heard there was going to be trouble between us and the Chileans ; and he. closed his place, and we went out. We went into another saloon, called the "True Blue." Q. Where is that saloon? What street is that oi> ? — A. I couldn't tell you the street it is on. It is around the corner from the Shakespeajre. We went in there ; ancl in there we met Anderson, Willis, the colored apprentice, and Williams, and that other colored fellow that went ashore with us, Wallace. Q. You went to the "True Blue" saloon and met these four men then? — A. Yes sir. Q. What time was this? — A. I shouldjudge it was about three o'clock. Q. Only a few minutes after you had been to the " Shakespeare " ? — A. Yes sir; a few minutes after we left the "Shakespeare.'' Q. You had not discovered any difficulty up to that time 1 — A. Up to that time, no sir. Only what the man in the " Shakespeare" told us. Q.' Proceed? — A. And then I went into the other room; went back in the place to the water closet. Q. Where was this; at the "True Blue"?- A. Yes sir; at the "True Blue." When I came back from the water closet, Talbot and Riggin had gone. In the meanwhile, Downie and Honnors said they were going to the barber shop to get shaved ; and they left us. Q. They were members of the "Baltimore's" crew? — A. Yes sir. Q. Who was left with you? — A. Riggin and Talbot. Q. I thought you said Riggin and Talbot had gone?— A. That was after I had come out from the water closet. I came out, and I couldn't see anything of them. And some one in the street pointed up that way, and as I came around the corner, I saw Talbot in the middle of the street, and Riggin lying in the street. And I went to give him assist- ance, and three or four Chileans jumijed on me. I went to pick Riggin up. BALTIMORE INQUIRY. 385 Q. What seemed to be the matter with Eiggin? — ^A. He seemed to be knocked in the head and badly beaten. I could not see any stabs on him. Q. Who were around there? — A. A mob of Chileans; citizens and sailors also. Q. What where they doing? — A. They were running after Talbot. He was across the street. Q. What were they doing to Eiggin ?— A. Eiggin was laying down'. I didn't see them doing anything to Eiggin then. As soon as I went to pick Eiggin up the Chilean sailors jumped on me, and I was fighting them the best I could, and I saw another molf coming down the street that I had come down from the "True Blue". This was on Oalle de Arsenal, where I saw Eiggin, ' Q. The " True Blue" is on CaUe de Arsenal, is it ? — A. I came right down the street, and the cars were running this way ; and there was , where Eiggin was. Q. When you say you saw Talbot running, and Eiggin lying in the street, did you see a car disappearing iu the distance ? — A. iSTo ; I couldn't say I did. Q. You didn't see them leave a car ? — Ai 'No, sir. Q. The mob was chasing Talbot, as I understand you? — ^A. Yes, sir. Q. Go on. — A. Another crowd jumped on me, and I fought them the best I could. Q. What were they ? — A. They were a mixture of Chilean citizens and sailors and soldiers. Q. Were they Chilean soldiers and sailors ? — A. Yes sir ; of the Chilean army and navy. ,» Q. Were they armed ?-L-A. Yes sir ; they had knives. Q. They were chasing Talbot, and attacking all of you. What were they saying; were they cryiug out aloud? — ^A. I couldn't understand what they were saying ; it was in Spanish, and I could not understand Spanish. And then I looked on the corner, and I saw Hamilton kind of running in the opposite direction from Talbot. And there was a one-armed Chilean sailor running after him with a knife in his hand. Q. Eunning after who?— A. Eunning after Hamilton. I threw a stone at him and knocked him down, and I tried to get his knife, but I could not find it. And then I came back, and saw two policemen, and I went to them for assistance. And one of them come at me with his sword, and I jumped at him, and I struck him with a stone in the face, and then I ran. Q. He came at you with his sword? — A. Yes sir. Q. Had you offered him any resistance when he came at you with his sword? — A. Ko sir. Q. You went to him to ask assistance?— A. Yes sir; I was running right to him, so I could get his assistance; and he came at me with his sword. Q. He didn't hit you?— A. No sir. And then I ran down the street, and I looked for assistance. I seen two or three fellows, and I told them about it. Q. What fellows did you see; any of the "Baltimore's" crew,?— A. Yes sir. And I went back there myself again. Q. Where was this?— A. On CaUe Cochran. Q. About where was itf— A. Pretty near a corner; right near a corner. Q. Point it out there. Do you mean Calle de Arsenal?— A. Yes sir, I ran down the first street that runs up by the, Plaza. 386 RELATIONS WITH CHILE. Q. This all occurred near the Plaza, as I understand you?— A. No sir: this occurred on Calle de Arsenal. Q. Point out the position, as nearly as you can. Do you know where Nelson's house is? — A. No sir. , Q. Locate the place as near as you can ?— A. I never was in that part of the city before in my life. Q. Do you know where the Plaza is?— A. Yes sir; this is the Plaza here. (Showing.) The Plaza Echaurren. And you come up this way to go to the " Shakespeare." Q. Was it in the neighborhood of Calle de Arsenal, and the Plaza Echuarren ; was it in the neighborhood of that !— A. Yes sir ; it seems to me like it was right near this corner. (Showing), Q. Near the corner of Calle de Arsenal and Marquez Street?- A. Yes ■aiv; it was near the corner of Calle de Arsenal and Marquez Streets. Q. Go ahead?— A. Then I went back there where Eiggin was to give Mm assistance again, and I got near to him, and the mob was still there; and they beat me with sticks and stones. They never cut m^ •or anything like that; but they beat me with sticks and stones, and then I ran down below. Q. What time was this?— A. This, I should judge, was about three- quarters of an hour later, sir. Q. Was it near dark? — A. Yes sir, it was about dusk then. And I ran to the Mole, and they fired me overboard; knocked me overboard. Q. What time was this? — A. I should judge it was about four o'clock and half past four; between there. Then I got out of the water again, and I got on the Mole, and got a stick; and I fought my way to the statue in front of the Mole. I then jumped «ver inside of the railing there, and I got a larger stick, and I fought my way throu'gh the crowd, and ran up the street. Some men caught me, and tried to put me in a cellar, it seemed to me like, and I would not go. I broke away from them and ran up the street. . And, a French man of war oflftcer took me and carried me into a French clothing store, and from there I was turned over to the Chilean officers, and carried to the hospital. I was struck in the head at the Mole, in the water. - Q. By whom were you struck on the head while you were in the wa- ter? — ^A. By* the mob on the dock. I didn't see the men who threw the stones. Q. What did the mob consist of? — A. It consisted of soldiers and sailors and citizens. Q. Chilean soldiers and sailors and citizens? — A. Yes sir. Q. How long did you remain in the hospital? — A. I was five days in the hospital; four or five days. The U, 8. Attoenbt.— Q. In the Prison Hospital?— A. In the pris- oners' ward of the hospital. The Judge Advocate-General.- Q. That was all that you saw that day? — A. Yes sir; that was all I saw. Q. Were you in your uniform at the time of these occurrences which ■ you have related, on the 16th of October last? — ^A. Yes sir. • Q. Had you any weapons, knives, or arms of any kind? — ^A. No sir. Q. About you at that time?— A. No sir; the only weapons I used were stones and sticks that I could pick up on the street. Q. How did you use those?— A. I used them in self-defense. Q. Did you see any weapons, arms or knives used by any of the erew of the "Baltimore" on that occasion on shore? — A. No sir. Q. Or in their possession? — A. No sir. Q. Did you have any warning of any apprehended difficulty or dis- BALTIMORE INQUIRY. - 387 turbance, prior to your landing, or after your landing at Valparaiso ? — A. Yes sir, Q. That day on leave? — ^A. Yes sir. .^ Q. What was it, and by whom was it given you? — A. Well, we went to the bumboat man on the mole; we call him "One-eyed Tom"; I don't know his name; he is an American. He said that we had better keep in a body; that he thought there would be trouble. That is all I heard about that. Q. Was that when you landed, the day you landed?— ^A. Yes sir. Q. Had you, prior to that time heard of any apprehended trouble from any person, should you land? — A. No sir. Q. You heard nothing before that? — A. No sir. Q. Did you notice anything unusual on the part of the crews of the OhUean ships as you were going to the shore to land, on Uberty that day? — A. Yes sir; they shook their fists at us; made motions across their throats, as though they would like to cut our throats, or something to that effect. / Q. That was the crews of the Chilean ships? — A. Yes sir; the Es- meralda and the Huascar. Those were the only two we passed as we went ashore. Q. About what time was it when this French officer met you and escorted you to the hospital? — A- I '^^^ ^^^.t in the body; I could not walk. The next morning I was in the hospital. Q. From these blows you received? — ^A. That blow was slight; but I was beat in the body with stones; I was stiff. I should judge it was about seven or half past seven when I got to the hospital. It was after dark when I got to the hospital. Q. You say that it was about dusk when you were pressed overboard? — A. Yes sir; about half past four o'clock, sir. Taking that time from the time we were up ia the "True Blue," which I judge to be about three o'clock; and I am judging what time it took me to get to the mole. Q. If I understand you, you said it was about dusk on that day when . you were pressed overboard? — ^A. Yes sir. Q. And you conclude, as I understand you, that while it was about dusk, it was about half past four o'clock? — A. Yes sir. Q. What was your condition as to sobriety, at the time of these occur- rences ?-r-A. I was perfectly sober .^ I don't believe there was a drunken man on shore from our ship. Q. Did you see many of them on shore, after they had been there several hours? — A. Yes sir; I passed them on the street several times, walking back and forth. Q. Many of them; many of the sailors of the " Baltimore"? — ^A. No sir; I didn't see many of them; because we were in a different part of the city from where the main body of the liberty party was. Q. What was the condition of those that you did see, as to so- briety ?-r-A. I should take them to be sober. Q. Sir? — A. 1 should take them to be sober. Q. Did you see any disorderly conduct on the part of the "Baltimore" crew on shore that day? — A. No sir. Q. Have ypu stated now all the occurrences of disorder that you wit- lessed while you were on shore that day? — ^A. Yes sir. <2. Did you at any time while you were at Valparaiso, express your tpproval of the action of the Chilean police on that day, towards the enlisted men of the "Baltimqre'??— A. On shore, or on board the ship? Q. On shore, at Valparaiso? — A. No sir. 388 EELATIONS WITH CHILE. Q. Why do you say "on shore, or aboard the ship"?— A. Well, we \ might have been talking about this matter aboard the ship. Q. I said, did you express your approval of the action of the police?— A. No sir; I never did. The police gave us no protection at all, as far as I could see. Q. Did you see any of the crew of the Baltimore who were being assaulted or robbed on that day; any others?— A. No sir; only Riggin and Talbot. Q. Did you see the assault on Riggin and Talbot?— A. I didn't see the assault; but I seen them beating them afterwards; trying to catch Talbot, and Riggin was lying in the street. (Sgd.) , J. H. Davidson. United States op America, State and Northern Distriet of California, ss: I, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District' of California, do hereby farther certify that John H. Davidson, the witness who subscribed to the foregoing deposition, was by me duly sworn ; that said deposition was taken on the 8th day of January, A. D. 1892, at the Oface Building of the Navy Yard at Mare Island ; that said deposition was taken down in shorthand by stenographers employed for that purpose, and afterwards by them re- duced to type- writing, and read over to the witness, and by him de- clared to be correct, and by him subscribed in my presence. In witness whereof, I have hereunto set my hand this 9th day of Jan- uary, A. D. 1892. y (Sgd.) J. S. Manley, Cifinmissioner, United States Circuit Court, Northern Distriet of California'. DEPOSITION OF JOHN H, HAMILTON. Be it remembered, that at the above-entitled examination, conducted by Colonel W. JB. Remey, U. S. M. C, Judge Advocate-General of the U. S. Navy, by order of the Secretary of the Navy, held at the OflSce Building of the Navy Yard, Mare Island, California, and on the 8th day of January, 1892, before me, James S. Mlanley, a Commissioned of the Circuit Court of the United States for the Northern District of Cali- fornia, duly appointed and qualified, personally appeared John H. Ham- ilton, who, after being duly cautioned and sworn, did depose and say as follows, to- wit: John Hamilton, having been duly sworn, testified as follows: The JtTDeE Advocate-General.— Q. State your name, rating and present station.- A. John Hamilton; carpenter's mate United States NavyLserving as such on board the "Baltimore" at the present time. Q. What is your age?— A. I am 49 years of age the 6th day of this month. Q. Were you attached to the ' Baltimore ' in your present rating on the 16th day of October last, when that vessel was in Valparaiso, Chill?— A. Yes, sir. Q. Did you go on shore on that day with others of the liberty party from that vessel? — ^A. Yes sir. Q. Do you know of any difficulty or disturbance that occurred that BALTIMORE INQUIRY. 389 day at Valparaiso, between Ohilean sailors or others, and the members of the crew of the " Baltimore " who were on leave? — A. Yes si^; I was personally interested in one of the encounters there. Q. State all the facts and circumstances- within your knowledge, re- lating to such disturbance or difficulty? — A. I went ashore on liberty- The first place we went into, wSjS the money exchange, or broker's ex- change. Q. On what date was this? — ^A. This was on the 16th of October last. And we were warned there bythe broker, or by the broker's clerk, the man in there who changed the money for us, that we had better keep indoors, as the mob of Chile was going to kUl us ; that the mob were going to go for us. Q. This money exchange man spoke English? — A. Yes sir. Q. What time was this? — ^A. This was just after we got 6n shore, sir. Q. What time was ^hat?-7-A. That was between one and two o'clock on the afternoon of the 16th of October' last. I couldn't tell you exactly the time. After we got outside the door, me and three or four others of the crew Q. Who were they?— A. McBride, Oarson, McAdams, and I forget how many more; but anyhow we were all talking togeiiher, and a lot of men, whom I supposed werebeaph-combers; what you call a tramp here; a man that is discharged from a ship, or runs away from a ship ; they come and told us not to be out after dark on the streets. Q. Did they tell you why? — A. Yes sir. Q. What did they say ?-^A. They said thq,t the mob there was going to go for us. That was the expl-ession there all of the time, that the mob there was going to go for us. I thought that they were after the price of a dri^k; they always are in a foreign country; and I gave one fellow ten cents, and said " all right." And we turned around and went away from him. Oarson wanted a drink of water, and we said, " Come in here, and we wiU get a cigar." We went into a Scotchman's; I forget the name of the place; and we told him, after having a cigar, we told Oarson, " You had better take a drink of lemonade, or something, to pay the man any way" ; and he laughed and said he would have a lemonade, or ginger beer. It was a temperance drink anyway. We knew very well from what we had heard on board ship, that they were going to tackle us there. Q. Had you heaj^d anything more prior to this time, that you were going to be attacked; had you heard anything before this? — A. The bumboat man, and a great many that came to the ship, said there was a terrible ill-feeling against us. Q. Who were they? — A. Fellows that kept barrooms ashore. I don't know their names. Q. They were residents there? — A. Yes sir; they live in Chile now. ^ Q. They told you what? — ^A. They told us ttiere was a terrible Ul- feeling against us there. Q. On the part of who? — A. All the riff-raff of Chile; discharged soldiers and sailors, and. cutthroats and everything. They told us there was a terrible iU-feeling against us. This Scotchman who kept the place, told us the same. Q. What did you understand from him was the cause of this ill- feeling? What did he say? — A. He said it was some affair -about the " San Francisco," I believe ; and about the " Itata" affair. They blamed the "Baltimore" for the Itata business ; they had that against us. Q. You understood that that Vas the cause of this expected attack ; 390 RELATIONS WITH CHILE. is that it?— A. Well, that, and the general hatred of Americans in par- ticular. Q. Go on.— A. We got in there, and this old Scotchman also told us 5 he says, " Boys, don't be out after dark. G-et a room, and be m before dark." And I think it was McBride asked him what he meant by that. Well, he told us in his own style, that the mob there had made threats; that it was an organized talk there to damage us fellows m any way they could, when we went ashore; to kill us; that is what he said. Q. This man who told you this was the proprietor of this saloon?— A. Yes sir. Just as you land from the Mole here, you go right across the square, the Prat monument square, and right there is the broker's office; and this man was down on the same street with the money broker, about half a block from there. Q. 'Which way did you turn from the Mole?— A. To the right. As you cross the square, the Prat monument is there, and right at the corner of this street on the square, is the broker's offtce. We stood out- side the door for a little while, and then went three or four doors down that block. Q. Is that street where the Intendencia buUding is?— A. I don'jb know where that is. ^ I only know where the jail is. Then he told us that it was an organized talk ashore that they hated us, and that they blamed us for all these things; and that they were going to get square with us. Of course we saw the necessity then of keeping very sober. And me and McBride and Carson went from there up to a cigar store on one of the pretty large streets. We turned up to the left from the Pratt square, and we went into this cigar store. He was a friend of Car- son's, and we all bought a dozen cigars each, just because he was friendly. We went from there up to the Victoria Plaza. We thought there was going to be a performance of a theatrical company there that afternoon, and we were going in there. We got up there, and from in- formation we gleaned there, we found out there was not going to be any performance. While standing there on the square. Captain Schley and Mr. Sebre^ passed down. We opened ranks and let them go through the middle of the sidewalk. We stayed around there for quite a length of time; I couldn't tell you exactly how long. Q. About how long? — A. I couldn't tell you. Well, probably three quarters or half an hour; may be more or less. From there we came down towards the Prat Monument again, down to that part of the city. We went in atid had a glass of beer. Carson stopped talking to a friend of his, and then we went from there down to Riley's saloon,^a saloon kept by Eiley. That is away down further, on the right of the landing. Q. is it on the water front? — A.' Well, it is not far from the water. I couldn't tell you the name of the street. We went in there, and I sat down there, and played a game of Spanish poles with Gallagher, a fireman; he was a pretty good player. And we sat down there, and played about a dozen games. Q. Does Gallagher belong to the "Baltimore?" — A. Yes sir; heis one of the crew of the "Baltimore." And we spoke about getting something to eat. It was getting on pretty well towards evening; I don't know exactly what time it was. Q. About what time was it? We don't expect you to tell exactly the minute ? — A. No sir ; I can't tell the time. I didn't pay any attention to it. We were playing the game, and smoking pipes. After we finished playing, I went to the door to go out. It was just getting on dusk: half pastfiveor fiveo'clock ; somewheres there. I cameoutto the door, ana BALTIMORE INQUIRY. 291 Davidson came along and told me that Eiggin was knocked down in the street; and I asked him where, and he pointed down in that direc- tion. (Showing). And I put my head inside ,the door, and I said, "Come along, boys; let's get him out of there"; and I started down the street. Afteif I got down to l^his corner here, this mob met me, and the first thing I knew they were saying, " * * * Americano." Q. "Was that addressed to you? — A. Yes sir; I was the only one there. I knew it was some reflection on me, anyway. Q. How much of a crowd was there?— A. Well, I should judge per- haps there were fifteen or twenty, or something like that. Q. What were they? — A. Well, they were a sort of riff-raff crowd. There was one fellow there dressed in a blue uniform. Q. Was he a sailor? — A. I couldn't tell whether he belonged to the Navy then or not; but he had a uniform on. 'And there were some fellows there that had white working clothes on, and the other fellows were dressed in every which way. Q. What did they do? — ^A. They commenced to hammer stones at ,me, as fast as they could fire them. One feUow came near me, and I hit him. I would have done it anyway; but he came near enough for me to hit him, and I hit him. Q. What did you hit him with? — A. I hit him with a lump of lead. Q. Where did you get it? — A. I got it in what you may call him's store. Q. Who is "what you call him?" — A. In Eiley's store. Q. What shape was it? — A. It was a piece of broken pipe. I wanted a weapon. I asked Eiley if he had anything. If he had given me a revolver, I Vould have taken it. Q. Did you have any arms about, you? — ^A.'I had a knife like that. (Showing.) Q. That is a pen-knife? — A. Yes sir. Q. It is not a jack-knife?— A. ZsTo sir. Q. And you had nothing else about you? — A. Nothing else. Q. Why did you take this chunk of lead? — A. It was used for a paper weight or something. It was on the bar, and I took it in my hand like that. (Showing.) Q. Gro onf—A. And I went down, and I struck this fellow with it, and he went down. Q. He was tackling you? — A. He came at me with a stone. He was as near me as you are now, and he made at me. The others were firing stones. They formed a semi-circle around me. Q. Were your other men with yqu there? — A. No sir; 1 called them and asked them to come along, but they didn'^ seem to come. I went down there alone, and when this fellow was coming for me, the stones were coming so thick I didn't know exactly what to do, and I dodged half a dozen stones. One, of the stones hit me on the back of the neck"; the lump is there now. I remember I was very near going down, and I went and tried to recover myself, and I hit against the wall, and that seemed to shove me out on the sidewalk, and I went down head first; and then I couldn't tell you any more. Q. Did this crowd pile upon you then?-^A. They must have, because I had five or six cuts in my head, and a couple of cuts in the body. Q. What kind of cuts in the body?^A. I |;hink this one (showing) was with a bayonet. ^ Q. Are you wounded there? — A. Yes sir; here and here. (Showing.) On the right side, and in the right hip. Q. You think that was a bayonet wound ? — A. Yes sir. 392 RELATIONS WITH CHILE. Q. "Which ouel— A. These are the pants that I wore, and there is the wound it made. (Showing.) When I was down, it was diiven up this way. (Showing.) Q. Gould you feel it ?— A. No sir, but I felt it the next day. Q. I mean then.^A. No sir; I didn't kno*r what they did then. Q. Did you see any police in this crowd, or any soldiers?— A. No sir. , Q. You didn't see any at all? — ^A. No sir. Q. Did you see any arms in the hands of this crowd that surrounded you at the time?— A, Well, I couldn't exactly tell what they had in their hands, the stones were coming so thick. I was not watching them. Q. Ton were knocked senseleess? — A. Yes sir. Q. Were you stabbed, or were these wounds given to you while you were down in the gutter? — A. Yes sir. Q. Did you fall in the gutter near the sidewalk?— A. Yes sir; I fell in the gutter just outside the sidewalk. Q. Were you knocked senseless?— A. I must have been, for I re- member nothing else. Q. How many wounds did you have?— A. I had two wounds; I had two instrument wounds, and four or five wounds from stones. Q. I want to locate this place where this row took place. Look at the plan there of the city of Valparaiso, and locate as near as you can the place where you were knocked down; where you were knocked sensless ?^-A. I think it was about here, on Calle Cochran. (Showing). Q. About the middle of the block? — ^A. Yes sir; very near the mid- dle of the block. Q. In the street? — ^A, Yes sir; about northward of Marquez Street. Q. Well, now, go ahead. What occurred next? — A. I was knocked senseless, and I didn't remember anything after that until 1 got in the hospital, the next morning. I woke up in the hospital the next morn- ing. Q. In the prispner's ward?^-A. With soldiers guarding the door; in the prison ward. Q. How long did you remain in the hospital? — A. Well, I couldn't tell you exactly how many days. I came out the same day that TurnbuU came out. I couldn't tell you exactly how many days it was. iQ. About how many daysf — ^A. WeU, about Ave days. > Q. Then where did you go ? — ^A. I was taken on board the " Baltimore." Q. You were taken back to the ship? — ^A. Yes sir. Q, How long were you d.isabled on account of these wounds? — A. 35 days. That includes the hospital, and everything else. Q. You were off duty that time? — A. Yes sir. Q. That is, they rated you unfit, disabled you for duty for that length of time; is that it ?t— A. Yes sir. > Q. Were you in uniform during all these difficulties? — A. Yes sir; I was in fiiU Uniform^ Q. What was your condition as to sobriety, at tlie time that you were assaulted and knocked senseless by this mob? — A. I was sober, sir. Q. What was the condition of the rest of the members of the crew of the "Baltimore" that you saw on shore that day, as. to sobriety? — ^A. Tlrey were all sober, sir. Q. You didn't gee a drunken sailor from the "Baltimore" on shore that day ? — A. No sir. Q. Did you see many of them on shore?— A. Yes sir; I saw quite a lot of them on shore. Q. Well, now, did you see any further disturbance or difficulty than the one that you have mentioned here, on that evening ? — A. No sir. BALTIMOKE INQUIRY. 393 Q. Did you at any time, to any person or official, while at Valparaiso, express your approval of the action of the police authorities on thai occasion towards the crew of the " Baltimore," who were on liberty there? A. No sir, I did not. I can say that the police did not do their duty at all. If t^jiey did, the thing would not have occurred. (Sgd.) , John Hamilton. United States" op Amekioa, State and N^or them District of California, ss: Ij James S. Manley, a Commissioner of the Circuit Cottrt of the United States for the Northern District bt California, do hereby further certify that John H. Hamilton, the witness who subscribed to the fore- going deposition, was by me duly sworn; that said deposition Avas taken on the 8th day of January, A. D. 1892, at the Office Building of the Navy Yard at Mare Island; that ^aid 'deposition was taken down in shorthand by stenographers employed for that purpose and afterwards by them reduced to type- writing, and read over to the witness, and by him declared to be correct, and by him subscribed in my presence. In witness whereof, I have hereunto set by hand this 9th day of January, A. D. 1892. ' ' (Sgd.) - J. S. Manley, Commissioner, United States Circuit Court, Northern District of Calif ornia. DEPOSITION OF OHAELUS EBLE. Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Remey, U. S. M. C, Jalge Ad^ooate-General of the U. S. Navy, by order of the Secretary of the Navy, held at the Office Building of the Navy Yard, Mare Island, California, and on the 8th day of January^ 1892, before me, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of Cali- fornia, duly appointed and qualified, personally appeared Charles Eble, who, after being duly cautioned and swora, did depose and say as fol-, lows, to-wit: - Charles E^le, having been duly sworn, testiflpd as follows : The Judge Advocate-Geneeal. — Q. State your name, rating, and present station. — ^A. My name is Charles Bble, and I am coxswain. Q. Where are you stationed? — A. On the U. 'S. S. "Baltimore". Q. "What is your age? — A. My age is 23 years. Q. Were you attached to the "Baltimore" as a member of her crew on the 16th of October last, when that vessel was at Valparaiso ? — ^A. Yes sir. Q. Did you go on shore with other^embers of the crew of the " Balti- more" on liberty at Valparaiso that day? — A. Yes sir. Q. Do you know of any difficulty or disturbance occurring that day at Valparaiso, between Chilean sailors, or others, and the members of the crew of the "Baltimore" who were on leave there that day? — ^A, No sir. Q. Did you understand the question ?— A. Yes sir. I don't know any- thing about it, personally. Q. You didn't see any disturbance there that day ? — A. No sir. Q, Did you see the boatswain's mate, Eiggin, and John W. Talbot, another member of the crew of the "Baltimore" that afternoon at Val- paraiso? — A. Yes sir. ' 394 RELATIONS WITH CHILE. Q. Where did you see them?— A. I saw them at two o'clock. I dou't know the name of the Plaza. It was in Valparaiso. Q. It was on the Plaza? — A. Yes sir. Q. What was going on?— A. They were in a saloon taking a drmk. Q. t7hat occurred at that saloon?— A. There was nothing occurred there. Q. Was there any disturbance occurred outside? — ^A. ^o sir. Q. You don't know of any distubance there? — A. Fo sir. Q. What was your condition as to sobriety that day?— A. I was per- fectly sober, sir; I had just gone on liberty. Q. When did you return to the ship?— A. I returned the next morn- ing. Q. Were you assaulted by any person on shore? — ^A. No sir. Q. Were you in uniform? — ^A. Yes sir. Q. Where were you all the time?— A. I was in the southern part of the town. Q. Were you in a house? — A. No sir; I was around the streets. There was no disturbance in that part of town at all. Q. You didn't see any disturbance? — A. No sir. Q. Whait was the condition otthe other members of the crew whom you saw on shore that day on liberty i— A. They were perfectly sober, sir. Q. How did you get back to the ship? — ^A. In the ship's boat. Q. The next morning? — A. Yes sir. Q. Were you in uniform? — A. Yes sir. The TJniteb States Attoenet. — Q. Did any of the crew of the " Baltimore," when you saw them on shore, have arms or weapons of any kind with them, to your knowledge? — A. No sir. Q. Did you see disorderly conduct on the part of any of the crew of the "Baltimore" on the occasion referred to? — A- No sir; they were all perfectly sober. They had just got on shore. It was an hour after we got liberty; and we passed down the street. Q. You were not drifting about the streets much with them, were you? — A. No sir; we had just landed from the boats, and had passed down the street to the Plaza Victoria. Q." During the time you were on shore that afternoon? — ^A. That was the only place I went; down the street to the Plaza Victoria. Q. Then you went into a house and remained there that evening? — A. Yes sir. I knew it was unsafe to go out, from the conversation between me and Eiggin. Q. Had you been told that it was unsafe to go out? — A. Yes sir. Q. Did you see any active hostility on the part of any Chilean sailors, as you passed their ships? — A. When we got back in a carriage, we stopped right almost in front of the " Shakespeare ", and we got out, and we saw a crowd congregating there, of about 200 people. And there were three women came across the street to put Vandam back in the carriage, and he would not go in the carriage. I wanted to see what it was, and they told me they were killing a lot of our men around there. And I looked around and I didn't see anybody, and I got into the carriage and was driven down town. Q. While you were on shore that afternoon, had you any reason for not going around town very much?— A. Yes sir, as I was landed on the wharf, I was told that the sailors in the upper part of town were going to attack us. Q. For what reason? — A. They didn't say the reason. BALTIMORE INQUIRY. 395 Q. Did they say there was going to bp any trouble? — A., Yes sir; a friend of mine there on the wharf told me there was liable to be trouble. Q. And for that reason you stayed inside the house?— A. liTo sir; I didn'tstay inside of the house. I was in a different part of the town. In the saloon, in oonvereation with Riggin, he was not drunk at all, sir; because he remarked to me that he would not drink anything; that hfe expected to have trouble, and he was not going to be the one to pro- voke it. There was Riggin, Downie, Talbot and Honnors in there. (Sgd.) Chas. Eble, United States op Ambbica, State and Worthern District of Calif ornia. ss: I, James S. Manley, a Commissioner of the Circuit Court of the United States for the N'orthern District of California, do hereby farther certify that Charles Eble, the witness who subscribed to the foregoing deposi- tion, was by me duly sworn; that said deposition was tkken on the Sth. day of January, A. D. 1892, at the Ofilce Building of the Kavy Yard at Mare Island; that said deposition was taken down in shorthand by stenographers employed for that purpose, and afterwards by them re- duced to type- writing, and read over to the witness, and by him declared to be correct, and by him subscribed in my presence. In witness whereof I have hereiinto set my hand this 9th. day of January. A. D. 1892. (Sgd.) J. S. Manley, Gommissioner^ United States Circuit Court, [ N'orthern District of California. DEPOSITIOlSr OP JEREMIAH AISTDERSOK Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Remey, U. S. M. C, Judge Advocate-G-eneral of the U. S. INavy, by order of the Secretary of the E'avy, held at the OfiSce Building of the lifavy Yard, Mare Island, California, and on the 8th day ; of January, 1892, before me, James S. Manley, a Oofiamissioner of; the Circuit Court of the United States for the N'orthern District of Cali- fornia, duly appointed and qualified, personally appeared Jeremiah An- derson, who, after being duly cautioned and sworn, did depose and say as foUows, to-wit : Jeremiah Anderson, having been duly sworn, testified as follows : The Judge Advocate-General. — Q. State your name, age, rating, and present station. — A. My name is Jeremiah Anderson. Q. What are' you aboard ship ? — A. I am a coal-heaver. Q. On what ship?— A. On the "U. S. S. Baltimore." Q. Were you a coalheaver on board the "U. S. S. Baltimore " at Val- paraiso, Chile, in October last? — A. Yes sir. Q. Did you go on shore on liberty on the 16th day of October, at Valparaiso, with the othei? members of the crew of the Baltimore?— A; Yes sir. Q. Do you know of any difficulty or disturbance that occurred there that dajf at Valparaiso, between Chilean sailors or others, and the mem" bers of the crew of the "Baltimore" on leave there? — ^A, Yes sir. Q. State all the facts and circumstances within your knowledge re- lating to any such disturbance or difiicul;ty at Valparaiso on that day? 396 EELATIONS WITH CHILE. —A. Well, sir, when we first landed tliere, we went ashore; I didn't pay- any attention to the time when we got liberty. Q. Did you go in the first liberty party?— A. Yes sir, I went in tne first party. I think that was about one o'clock. Q. Go on.— A. And just after we landed on thadock, we went up to the Exchange office, and got our money changed into Chilean money there; and then we went right across from there, and took a hack; me and Willis and Wallace and Williams took a hack, and we rode around about three hours; riding all around town, looking on. Q, Who were these men that were with you?— A. They belonged to the "Baltimore." And then, after we got tired of riding around, me and Wallace and Williams thought we would take a walk around and look on. So we went into a saloon and we sat down there talking, and Eiggin came in; Eiggin and Talbot and Davidson. Q. Do you know where that saloon was?— A. That was up above the place they call Ship Street. Q. What was the name of the saloon?— A. I don't know. Q. Would you know it if you heard it ? Was it the " True Blue" ?— A. Yes, sir; it was the "True Blue." That was the place. Then when Eiggin came in, he says, "Boys, fpr God's sake dont drink anything this evening, because we might have trouble. Some fellows think we will have trouble here to-night. If I was you fellows I wouldn't drink anything. If we stand by one another we can keep the Chileans from doing us up." We told him all right. Eiggin sung and had a good time in the place, and in about an hour he went out. I don't think it was quite an hour, and, then I left. Q. An hour after Eiggin?— A. Yes sir; I left. Me and Wallace left, and left Willis there and Williams. And when we went out, we kept on up the hill, not down town. When we got out the street was kind of blocked off. We went in a house up there, and we stayed there a few minutes. We looked in and came out; there wasn't any blue jackets up there. We cam^ out, and we didn't see any street to go by, and when we turned to come back, a lot of Chileans had formed a line right behind us. Q. You turned to go back to the "True Blue"? — A. Yes sir. Q. How far were you from there then? — A. About three blocks up the hill. Q. About three block beyond the "True Blue"? — A. Yes sir. Q. What were they; Chilean sailors? — A. Yes sir; every one of these men were Chilean sailors, that I could see. Q. About how many did you see of them? — A. There looked to me to be about twenty; but there were more around the corner. I could not tell who were around the corner. So I stopped, and I heard the stones failing. Q. Where were they falling from? — A. I will tell you in a few sec- onds. I was walking alongside the houses, and I was thinking the stones were falling from the hills down on us; the hills were high there. And I ran across the street, and I stopped then, and I told Wallace to look out, to look at all the men there. And Wallace said, "there is too many men for us to tackle now. We had better get away"; and I said, "Just as you say." So then we made a rush up the Mil, and we came to the end of the street, and we jumped into somebody's porch ;^and the porch followed all the way around; and we were going around 'on this porc h, a nd we were so long in going around. Q. What were you running around there for? — A. The Chileans were after us. BALTIMORE INQUIRY. 397 Q. Following you? — A. They were following U8 up close; stoning us. Q. Throwing stones at you? — A. Yes sir. Q. What were they saying ? — A. We could not understand what they were saying. They were speaking in Spanish, and we could only speak English. 8p me and Wallace jumped over from this porch, and there was a ditch there, and we ran up the ditch, and followed it, and jumped on a bridge. We took right over, run right into a house across a hill,, and we went into this house, and the woman came oiit, and she made a sign with her hand not to come in there; that they would come into her house and catch us anyway; and she pointed that way, (showing),' to go and strike the ship. We ran down the hill the way we came, and crossed on the opposite hUl from there, and that threw us next to the ship. And when we got up the hill, Wallace' was so far behind, that I waited for him; and he said, "I can't run any more; I am out of wind." Q. Were these people following you then? — A. Yes sir; they were following us; but they had not reached us yet. And Wallace said, " I can't run any further. I am tired, and they will catch me anyway." . So I said, "we might as well die one way as another"; so I thought when the Chileans come up to us, we would show fight. The Ohileans came up to him, and one of them said, "Hold on. AU right; we wont hurt you". Well, we felt a Mttle better; and they got up to us, and the first one to come up to us said that he wanted our money,/ Q. Was there only one that came up t^o you first? — ^A. Well, there is always a ringleader. There were about twenty coming up, but this one was the first one, the head. After he spoke to Wallace for his money, Wallace said to me, " Jerry, we had better give him some money"; and I said I hadn't any money to give them. I will keep my money, what I have got. And he said that it was better to give them money than to be kiUed by them; and I said no, that I would hold mine. So Wallace handed him some money. Q. You and Wallace were there together?— A. Yes sir; we were the only two there; Wallace gave him this money, and after Wallace gave him the money, he came to me for mine. And then he commenced to take hold of .me by the handkerchief, and wanted me to undress, and I didn't like that. , Q. He was searching you; trying to search you? — A. Yes; he was going through me. And I took my hand like that (showing), and knocked him away from me like that. (Showing.) And at that ^me I felt something strike me in the back behind. What it was I couldn't tell at that time. Q. How far off was the crowd frotn you? — ^A. When he was searching me for my money, then there were several men behind me, close up. We were surrounded then by them. Then after I knocked this' man back from untying my handkerchief, this other one, I suppose, stabbed me in the back then. Q. You were stabbed then? — ^A. Yes sir. Wallace said I was knocked down. Of course I would not say that I was not. I was struck in the mouth a terrible blow, with a stone. Wallace said I'was knocked down;, I would not say I was not, because a man who is knocked senseless don't know anything. < Q. You were knocked senseless at this time? — A. I don't know whether I was or not; but whenlcameto myrecolleotion,Iwasgoing down to adeep valley that way. (Showing.) I don't know which way Wallace went at all. Then when' I turned, when I looked around, I sa^^ the Chileans were scattered and running away. I don't know how long I 398 RELATIONS WITH CHILE. had been fighting, because I get excited when I get into a row in that way. I don't know whether I got the best of them; but I know they were scattering each way from me. When I got a little ways I felt my back, behind me, and I felt a little warm behind me, and I put my hand on my shirt, and I found I was bleeding; and I thought I was cut then, some place. So then I looked over, and I could see the lights from the ship, and I crossed the hUls to the ship. Q. Where were you cut?— A. I was stabbed on each side of my backbone. Q. Only one stab? — A. No sir; two stabs. Q. In two places? — A. Yes sir; one on each side of the backbone. Q. Were you stabbed after you were knocked down senseless?— A. I got both the stabs While I was standing up. Q. What time was it you were going down to the boat? — ^A, I think it was near nine o'clock. Q. About what time was it when you were stabbed and knocked down there?— A. That was about six o'clock in the evening, I think. Q. As near as I understand you, the location where you were knocked down and stabbed was up on the hill? — ^A. Yes sir. Q. About how far was it from this saloon where you were there with Higgin? — ^A. We were out from the houses entirely; a quarter of a mile from there. Q. 'Up on the hill? — ^A. Yes sir; leaving the city entirely. Q. Who was that that was with you? — A. Me and Wallace. Q. What was the condition of Wallace and yourself as to sobriety at the time? — ^A. Well, we were walking around, just looking at the City. We were all right. Q. Were you drunk or sober? — ^A. Ko sir; we were not drunk at aU; because we were scared to get drunk, because we expected to get beat when we went there. Q. What was the condition of the other sailors from the "Baltimore" that you saw, with reference to sobriety? — A. Of every one of the sailors I saw, I didn't see a drunken man in the crowd. Q. Of the sailors from the " Baltimore "?^A. ISTot a drunken man from the " Baltimore "- Q. Did you see any of them, any sailors of the " Baltimore", who were disorderly; who were picking up a row? — A. No sir; not a one kicking up a row. Q. Were you robbed while you were lying on the ground insensible ? — A. No sir; I will fight just as long as I can, and I suppose I got the best of them; and they could not get my money. They got Wallace's money. Wallace said I was knocked senseless, but if I was knocked senseless, I didn't know anything about it. When I got over this hill down 'here, I remember when I was going, and I dropped on my knees. I know I jumped over this bank; when this man struck me, I jumped over this bank, just like sliding over that table. I know when the man struck me in the mouth with a stone, and Wallace says I was knocked senseless; that is the time Wallace says I was knocked senseless. The United States Attorney. — Q. Where were you when you came to? — A. When I got over this bank? The JfUDGB Advooate-Genebal — Q. After you recovered your consciousness? — A. I was stunned. I was not senseless. I was stunned, but not senseless. Q. They didn't knock all the sense out of you?— A. No sir; but I was stunned from the blow. So I looked again over this hill, and there was the same Chileans were running the opposite way from me. BALTIMORE INQUIRY. 399 Q. They were not near you?— A. No six; they were running down from me. Q. Where did you have your money? Where did you carry it? Where was it? — A. I had ten dollars Chilean money up here (showing), Q, They didn't get that?— A. No sir. And the rest of it I had in this pocket down below (showing). Q. Did you have any arms or weapons about you? — ^A. No sir. > Q. Either of you; you or Wallace? — ^A. No sir. Q. Did Wallace, or any of them? — A. No sir; Wallace might have had a penknife. Generally all the men have a penknife. Q. Did they have any knives? — A. No sir. Q. Did you ever at any time, to any person or oflcial, while you were ' there at Valparaiso, express your approval of the action of the poUce on that day? — ^A. No sir. , Q. Did you see any police on that day? — A. I saw one, while we were riding around in the hack. - Q. Were you informed before you went ashore that there probably would be a row, or an attempt made, or an attack made on the crew of the "Baltimore" when they went ashore on liberty? — ^A. Before we went ashore, a colored fellow named "Joe," came aboard the ship, and he said, " Boys, don't you fellows come ashore; you had better stay on the ship." Q. When was that?— =A. That was a couple of weeks before we got leave. Q. Did he say why you had better not come on shore? — A. He said the " Baltimore's " crew would be mobbed when they got there. Q. Why did he expect they would be mobbed when they got on shore? — ^A. Because he was living on shore; that is how he knew it, Q. Did he say why you would be mobbed? — A. He said that they had it in for the ship; during the war, I suppose, the Chileans could not do exactly as they pleasied down in that quarter. Q. Who is this " Joe^" you speak of; what was he? A bumboat man? — ^A. No; he kept a place ashore. Q. He came off to the ship as a friend? — ^A. Yes sir; he came off as a friend. Q. He was a colored man, too, was he? — A. Yes sir. He came there giving us advice not to come ashore. This same place where me and Eiggin was at, this man that kept this place, I don't know whether he had an idea there would be any row there, but he told us that if there was any row, if there was going to be, we had better come and get into his place and stay there. Q. You and Wallace and the rest were in uniform? — ^A. Yes sir; we were all in uniform. All the crew were in uniform. his (Sgd.) Jeremiah x Anderson. mark. Witness to signature: (Sgd.) B. Lanpar. ^(Sgd.) J. S, Manley. United States op America, State and Northern District of California, ss: . I, James S. Manley, a Commissioner of the Circuit Court of the IJnited States for the Northern District of California^^o hereby further certify that Jeremiah Anderson the witness who subscribed to the foregoiijig deposition, was by me duly sworn; that said deposition was 400 RELATIONS WITH CHILE. taken on the Sth. day of January, A. D. 1892, at the Office Building of the N'avy Yard at Mare Island; that said deposition was taken down in shorthand by stenographers employed for that purpose^ and after- wards by them reduced to type-writing, and read over to the witness, and by him declared to be correct, and by him subscribed in my pres- ence. In witness whereof, I have hereunto set my hand this 9th day of January, A. D. 1892. (Sgd.) J. S. MANLBY, Commissioner, United States Circuit Court, Mrthern District of California. DEPOSITION OP LEE AJ^DREW WALLACE. Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Remey, TJ. 8. M. C, Judge Advocate-General ot the IT. S. iSTavy, by order of the Secretary of the Favy, held at the Office Building of the ISTayy Yard, Mare Island, California and on the 8th. day of January, 1892, before me, James S. Manley, a Commissioner of the Circuit Court of the United States for the Iforthern District of California, duly appointed and qualified, personally appeared Lee Andrew Wallace, who, after being duly cautioned and sworn, did depose and say as follows, to wit: — ' Lee Andrew Wallace, having been duly sworn, testified as follows : — The Judge Advocatb-GtENERAL.^Q. State your name, rating .and present station. — A. My name is Lee Andrew Wallace; my rating is a coal-heaver. Q. Where do you belong; what vessel are you attached to? — A. lam attached to the "U. S. S. Baltimore." Q. What is your age? — A. I am 27 years of age. Q. Were you attached to the U. S. S. " Baltimore" as a coal-heaver, when she was in Valparaiso in October last? — A. Yes sir. Q. Do you know of any difficulty or disturbance that occurred on the the shore that, day at Valparaiso, between Chilean sailors or others, and members of the crew of the "Baltimore" who were then there on leave? — A. Yes sir. ik.u' ^gypq Q. Please state all the facts and circumstances within your knowl- edge, which relate to such disturbances or difficulties? — A. WeU, Jerry Anderson and myself were together; we were coming -down street. ,Q. You -Nvent ashore on liberty, didn't you?— A. Yes sir. Q. What time did you leave the ship?— A. We left the ship at half past one o'clock, I think. Q. About half past one o'clock?— A. About one or half past one. Q. And you and Jerry Anderson were together?— A. Yes sir. Q. Go on. What did you do?— A. We were coming down the street. We had been up town, and were coming down the street, and a. gang of men were coming up street; sailors and soldiers. Q. Chilean sailors and soldiers?— A. Yes sir. '''"""' Q. In uniform, were they; the sailors?— A. Yes sir. ' ~ "^ Q. In Chilean uniform?— A. Yes sir. iiiuf " ' Q. Go on. — A. They commenced throwing rocks at us. ■ Q. They commenced what ?-^A. They commenced throwing rocks at us at the time they saw us; and we turned and ran, to get out of the way 0^" them. • BALTIMORE INQUIRY. 401 Q. Had you said anything to them at all? — A. ISo sir; we hadn't got ■within a hundred yards of them. We didn't have any chance to talk with them at the time they saw us and recognized the uniform we were in. They commenced firing stones at us right then. Q. You had on your uniforms, both of you? — A. Yes sir; the same as we are now. Q. Before that had you been in a saloon with Anderson, where you met Eiggin and others ? — A. We were in a saloon with Eiggin, David- son and Jack Talbot. Q. Before this? — A. Yes sir. Q. Go on.-^A. I'hese men commenced throwing rocks at us; and there were so many of thein, we had to run to g6t out of the way of them. We ran half a mile, more or less. Q; Which way did you run? — A. Uptown, towards the light-house. Q. Well, go on. — A. After we ran a certain distance, they over- took us. Q. Who overtook you? — A. The sailors and soldiers, mixed together. We could not understand what they said any more; and they asked if we h^d any money, and they got around us. After they got to us, Jerry Anderson and myself were about five or six yards apart, and one gang got around me, and another gang got around Jerry. Q. What did they say? — A. They 'demanded our mopey; they had kniv;es, and were throwing rocks all the time. Q; They had knives drawn? — A. Yes sir. Q. And threw rocks? — A. Yes sir. , Q. What did they threaten to do?— A. They said that if we didn't do it, they would kill us. That is what I understood. Q. If you didn't giv:-. them your, money? — A. Yes sir, they took my money. Q. How much money did they take from you? — A, I had eight paper dollars, and half a pound, English money. Q. Did they take^t all?— A. Yes sir. Q. Then what did they do? — A. Then they beat us. I couldn't tell what they did with Jerry, because there Avas a gaiig around me. Q. What did they do with you?^A. They knocked me down and were going through me, and an oflftcer came up in a ditterent rig from the rest of them, and he said something to them in their language; and he carried me down to the wharf. ' Q. An offtcer? — ^A. I guess he was an ofilcer; he had a different rig from the rest of the soldiers. Q. Was he armed? — ^A. Ko sir; I don't think he was armed. Q. He had you taken where ?->-A. He said something to the men in his language, and he took me down to the wharf. Q. About what time was that? — ^A. About six o'clock or half past six. Q. What time was it when the mob first chased you. Was it about that same time? — ^A. No; when the mob first chased us, it was four o'clock or half past four. We were in a different street from the rest of the men. Q. Were you knocked down by this crowd at the time they attacked you up on the hill? — A. Yes sir. Q. Did they knock you senseless? Did you see and know everything that was going on all the time after that? — A. ]!fo sir; I couldn't teU everything that was going on, because I was frightened. Q. Were you hurt any? — A. No sir ; not seriously. I was frightened, so I didn't know what was going on. 26 402 RELATIONS WITH CHILE. Q. How long did you lay up there? How long was it that they sur- rounded you?— A. Altogether, from the time we first got up there, I guess it was half an hour, or more or less; three quarters of an hour. Q. Where were you aU the time after that, before you got down to the dock, at six o'clock?— A. It was a long way from the dock. Q. How long did it take you to go down, after you started with this officer? — A. About 15 or 20 minutes, I guess, sir. Q. Were you injured at all?— A. J^osir; no more than a little scratch on my head. Nothing to amount to anything. Q. What were you hit on the head with?— A. With a stone, I guess. Q. Did you have any knife or weapon, or any arms about you?— A, No sir. Q. How did you get back to the ship?— A. I came in our steam whale boat. Q. What time did you get back to the ship?— A. I gaess it was six o'clock ; I couldn't say positively. Q. Was it that same night, on the 16th of October?— A. Yes sir, I came back the same night. Q. Did you at any time, or to any person at Valparaiso, express your approval of the action of the police on that occasion? — A. lff«», . sir: I didn't see any police. Q. Only this one that took you down? — A. This officer. Q. I didn't ask you that. I asked you whether you expressed your approval of their action? Did you say that to anybody afterwards? — A. No sir. (Sgd.) L, A, Wallace. United States of America, State and Northern District of California, ss: I, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of California, do hereby further certify that Lee Andrew Wallace, the witness wh» subscribed to the foregoing deposition, was by me duly sworn; that said deposition was taken on the 8th day of January, A. D. 1892, at the Office BuUding of the Navy Yard at Mare Island; that said deposition was taken down in shorthand by stenographers employed for that purpose, and after- wards by^them reduced to typewriting and read over to the witness, and by him declared to be correct, and by him subscribed in my pres- ence. In witness whereof, I have hereunto set my hand this 9th day of January, A. D. 1892. * . (Sgd.) J. s. Manley, Commissioner, United States Circuit Cou r, Northern District of California. DEPOSITION OF FRANK HONNORS. Be it remembered, that at the above-entitled examination, conducted by Oolonel,W. B. Remey, U. S. M. C, Judge Advocate-General of the U. S. Navyj by order of the Secretary of the Navy, held at the Office ^Building of the Navy Yard, Mare Island, California, and on the 8th day of January, 1892, before me, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of Cali- fornia, duly appointed and quahfled, personally appeared Frank Hon- BALTIMORE INQUIRY. 403 nors, iWho, after being duly cautioned and sworn, did depose and say as follows, to- wit: Prank Honnors, having been duly sworn, testified as follows : The Judge Advocate-General. — Q, State your name, rating, and station? — A. My name is Frank Honnors; I am seaman apprentice, first class; on the U. S. S. "Baltimore". Q. What is your age? — A. I am 21 years of age last January. Q. Were you attached to the U. S. S. "Baltimore", when that vessel was in Valparaiso in October last? — A. Yes sir. Q. Did you go on shore with other members of the crew of the " U. S. S. Baltimore" at Valparaiso, on leave, on the 16th .day of October last?-i-A. Yes sir. Q. Do you know of any difftculty or disturbance that occurred on the shore that day at Valparaiso, between any Chilean sailors or others, and the members of the crew of the "Baltimore", who were on leave there that day? — A. Yes sir. Q. State all the facts and circumstances within your knowledge, re- lating to such disturbances or difficulties. Now go on and tell the story from the time you left the ship. — A. I went ashore at one o'clock in the liberty boat. There was Talbot, Eiggin, myself and Downey of the "Baltimore". We went -up town; away up to the upper part of town, and went in a place there, and Davidson came in. Q. What place was it? — A. I don't know the name of the place. Q. Was it a saloon? — A. Yes, sir; it was a saloon. " Q. Was it called the "True Blue"?— A. No sir. Q. Go ahead? — A. Then the five of us came out of there and went to another place; and got in a hack; and we came down town again. Q. You were up Ibowards the Plaza Victoria first, were you? — A. Yes sir. We got in the hack, and we came down to the " Shakespeare " ; and the man that kept it was closing up. We wanted to go in there, and he said, "You can'tcome in here"; and we said, "what for?" And he' said he expected a fight to be going on. Q. A fight with who? — A. He didn't say. Then we went up to the "True Blue"; and Downey and I went out to get a shave then from the "True Blue." We left Eiggin, Davidson and Talbot in there. We had to stay about an hour in the barber shop. Q. What time wa^it you got to the " Tra^ Blue"? — ^A. It was about a quarter to four, I gi^ess it must have been. And we came out of the barber shop, and then we heard of the racket, of the fight. ' Q. That was about what time? — A. Then it was about a quarter to four, I guess. Q. A quarter to four? You said it was nearly five before? — A. No sir;' I said it was a quarter to four. It was about a quarter past four then when we heard about the fight. It was about dusk; Q. About what time was it when you went to the barber shop? — A. We went there right afber leaving the "Shakespeare". Q. About Tvhat time? — A. It was about a quarter to four. Q. And you remained there for an hour? — A. Yes sir. Q. Go on. — A. Then we heard of the fight; and we went into a place and came out, and we met a Chilean officer, and he tried to explain ijb to us; he was talking in broken English to us. Q. About what? — A. About this fight. He had a little knife in his hand; and he was trying to explain about the fight; and he fetched us down to the Mole, and we could not get off. Q. Why couldn't you get off? — A. Because there were no boats there. And I came back ; we came back. 404 RELATIONS WITH CHILE. Q. Where?— A. At the "Eainbow". Q. Eight near the "Tiue Bhie"?— A. Yes sir. Q. Was there any disturbance going on then? — A. Yes sir. There was a mob rushing past tliere; and I was the last one in the door; and they shoved me in quick. Q. What for?— A. To get me out of the way; I don't liuow what else. Q. Was Downey with you tlien ?— A, Yes sir. Q. Were you all in uniform? — A.' Yes sir, Q. And he was in uniform? — A. Yes sir. Q. Did you see any mob ?— A. Yes sir; there was a mob rushing past there, just as we went in. Q. Did they disturb you?— A. Ko sir, ^ i Q. Did you see them attack any of the crew of the "Baltimore"?— A. No sir. Q. Did you see any of the crew wounded? — A, Yes sir, Q. Did you see them wounded, or did yOu see them after they were wounded ? — A. I saw them after they were wounded, Q. Where were you when you and Downey were arrested? — A. We were in the "Eainbow." Q. Is that in the neighborhood of the "True Blue" saloon? — A, Yes sir. * ' Q. About what time were you arrested? — ^A. It was about eight o'clock. Q, Why were you arrested? — A. I don't know, sir. Q, Were you doing anything out of the way? — A^ Xo sir. Q. Did you offer any resistance when you were arrested? — ^A. Xo sir. Q. Was there any charge made against you afterwards? — A. Xo sir; there were no charges made against me. Q. Was it explained to yoii why you were arrested ? — A. They claimed that they arrested us for protection. Q. They^said that?— A. Yes sir. Q, Who said that?— A. Some of the policemen who coidd talk Eng- lish, Q, That you were arrested for protection? — ^A. Yes sir. Q. How long did th^y keep you in Jail ?— A. I got out the next day. Q. Did you go aboard ship? — A, Yes sir, , Q. Then you didn't see any disturbance; that is to sav, no assault npon the crew of the "Baltimore"? — A. No sir. Q. What was your condition as to sobriety; and what was Downey's condition? — A, I was sober; we were all sober, Q, Was Downey sober too? — A, Yes sir. Q, Did you have any arms about you, or weapons; either of you?— A. No. sir, Q. Any knives; either you or Downey ? — A. No sir. Q, Were you warned before you went ashore, or afterwards, that there might be difficulty ashore there, if the members of the crew of the "Baltimore" came ashore?— A. No sir; only at the "Shakespeare." That man there- told me. (Sgd.) Frank Honnors. United States op America, State and Northern District of GaUfornia, ss: I, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of California, do hereby further certify that Frank HonTiors, the witness who subscribed to the foregoing dep- ' BALTIMORE INQUIRY. 405 osition, was by me duly sworn ; that said deposition was taken on the 8th day of January, A. D. 1892, at the Office Building of the Navy Yard at Mare Island; the said deposition was taken down in shorthand by stenographers employed for that purpose, and afterwards by them re- duced to type-writing, and read over to the witness, and by him de- clared to be correct, and by him subscribed in my presence. In Witness Whereof, I have hereunto set my hand this 9th day of January, A. D. 1892. (Sgd.) J. S. Manley, Gomifiissioner, United States Circuit Court, Northern District of Calif orr^ia, , DEPOSITION OF JOHN DOWNEY. Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Remey, U. S. M. C, Judge Advocate- Oeneral of the XJ. S. Navy, by order of the Secretary of the Navy, held at the Office Building of the Navy Yard, Mare Island, California, and on the 8th day of January, 1892, before me, James S. Manley, a Commissioner of the Circuit Court of the United States for -the Northern District of California, duly appointed and qualified, personally appeared John Downey, who, after being duly cautioned and sworn, did depose and say as follows, to-wit : John Downey, having been duly sworn, testified as follows: The Judge Advocate-General. — Q. State your name, rating, and station. — A. My name is John Downey; I am a coal-heaver on the U. S. S. "Baltimore". Q. What is your age? — A. I am 27 years of age. Q. Were you attached to the U. S. S; "Baltimore" as coal-heaver when she was at Valparaiso, in October last? — A. Yes sir. Q. Did y6u go on shore on liberty with other members of the crew of the "Baltimore" on the 16th of October last at Valparaiso? — A. Yes sir. Q. Do you know of any difficulty or disturbance occurring on the shore that day at Valparaiso, between any Chilean sailors or others, and the crew of the "Baltimqre" that were there on leave that day? — A. Yes sir. Q. State all the facts and circumstances within ' your knowledge re- lating to any such disturbances or difficulties ? — A. Well, sir, on the 16th day of October last there was I, Talbot, Honnors and Eiggin; we went ashore, the four of us. Q. At Valparaiso? — A. Yes sir, at Valparaiso. , Q. What day was-it? — A. We went ashore on the 16th day of October last, at one o'clock in the afternoon. When we got liberty, we four were together; and we stayed together until about two, or half past two o'clock ; or pretty close to three o'clock, I think it was. Q. Where did you go when you went on shore?— A. We went up around the Plaza Victoria. We went up to that end of town first. We just happened to meet another shipmate in Miss Peterson's saloon. His name was Davidson ; he came in and he says, " Where are you fel- lows going" ? And we said we were going to stay in this part of town, and go to the show; the London Opera Company was in .town at the time. We went up around the Plaza Victoria, and we got a cab and we started down, and we come into Calle Cochran. Well, we jumped oflf; 406 EELATIONS WITH CHILE. and before we got out, I happened to break a window in the cab, which cost me seven dollars. I broke the window, and I paid the man tor it. When we walked int6 the " Shakespeare" saloon, me and Honnors and Eiggin and Talbot and Davidson. We were in the cab together, ihis fellow that kept it I believe, is a Norwegian. We went m there, and he says, " Fellows, I aint going to keep this place open. The crowd isf going to attack you." ^ ■ ^.v, Q. That is, the proprietor of the house said that?— A. Yes sir; t^e ^proprietor of the " Shakespeare "; Johnson, his name was. So I said, " Well, what do you say if we make a move around the corner, fellows"? So we went around there. Q. Was it the " True Blue" house?— A. The "True Blue" house, yes sir. And wemet Swanson and Wetteland. And Wetteland says to me, " Are you going to hold it down at the ' Shakespeare' to-night ?" And I says, "I don*t think I am now." So I says to Honnors, " Now it is about time for us to get a shave"; and Honnors says, " Just our place to go." And me and Honnors started off. First we had a drink together, me and Wetteland and Swanson. And Biggin and David- son and J a'ck Talbot were in the " True Blue." And Ave walked over, and we met big Mike Houllahan down in Calle Cochran. Q. Is he a member of the crew of the " Baltimore"?— A. Yes sir; he belongs to the ship. Q. What time was this? — A. This was between four and half past four o'clock. Q. How long were you in there? — A. We went into the barber shop, me and Honnors, and we got a shave and a shampoo. Q. H^w long were you in there, about? — A. We were in there about 15 or 20 minutes. Q. You had to wait before you could get a chance to get shaves ! Did you have to wait there? — A. Ko sir; we only had to sit in the chairs. So anyhow we got a shave; and we were just this way, we didn't know where we would go, because we didn't know whether we were going to get done or not. Q. Whether you were going to get what? — A. We thought they were going to do us in there. Q. That they were going to attack you ? — A. Yes sir. So the man said, "Do you want a shampoo"? And I said yes, and Honners said the'same; and I said, "What does it cost"? And he said, "A peso apiece", and I gave it to him. And after that Billy Hayes came in, and he says, "Downey, Riggin is shot"; and I says, "Oh, you are telling a lie", and he says, "That is the truth". We walked around, and went up as far as a fellow's place, named Johnson, I believe he kept the "Kainbow" house. Q. Abou(. wliat time was that? — A. This was about a quarter to five; but we-went up to Johnson's place afterwards. We didn't get pulled in this time. Q. It was after five o'clock ? — A. Yes sir ; Riggin was shot then. Q. Was it getting towards dusk? — A Yes sir; it was getting towards dusk ; and Hayes says, we had better go aboard. Q. Did you say you went up to see Riggin? — A. No; I didn't go up to see Riggin. Hayes says to me, "Riggin is shot", and I said, "I don't believe it". He says, "It is the truth"; he made an oath. I says, "we will go and And out anyway; we will go up as far as John- son's. He kept the Rainbow house. So we went up and we had a drink. Pfeiffer, the oiler, and Sullivan ran down the street, and they were stoning Pfeiff'er. BALTIMORE INQUIRY. 407 Q. Who were stoning him ? — A. The Chileans. Q. The Chilean sailors ? — A. The Chilean sailors and soldiers. Q. How many of them? — A. A regular mob of them; 25 of them, about. Q. They were 'chasing him? — A. Yes sir. Q. They were chasing the two men? — A. Yes sir; they were chasing Sullivan and Pfeiffer. Q. Did they both belong to the ship? — A. Yes sir; both of them be- longed to the " Baltimore." Sullivan came along and he had his head bandaged up when he went around the corner. Q. Where was Sullivan before this? — A. He had got mobbed down near the dock. This was down near the Plaza Victoria, where SuUivaH was hit with the rock. Q. How did he get down near where you were? — A. No; it was the Plaza La Turia. Lieutenant McCrba. Plaza Echaurren is what he means, probably. The JUDG-E Advooate-General. — Q. Was it the Plaza from the "True Blue"? — A. Yes sir; right there. Q. You didn't mean the Plaza Victoria where you were first? — A. Ko sir ; that was the northern part of town. It was the Plaza Echaurren. He came in and Johnson says to me, "what do you want"? And I says, " Give me a gun" ; and he gave me one, and it was no good. Q. Who gave you a gun? — A. Johnson did. Q. Was it loaded? — A. He gave it to me, and I gave him two pounds for it; and I had to fire it away. It was no good. Q. You threw it away? — A. Yes sir, I sawit was no good, and I ^hrew it away. Q. What did you want it for? — A. Well, I saw Sullivan was at- tacked. ' Q. There was no one after you then, was there? — A. No sir. I went and put my knee across the door, aind I said to Johnson, "Are you going to let them in here"? He says, "Yoii have got to go, fellows. You can't break my house up"; and he opened the door, and all of us went out. Q. How many of you were there? — A. There was me, Honnors, Can- ning, Sullivan and Hayes ; that is all, I think. Q. Were they all in uniform ?-i-A. Yes sir. Q. Did they all belong to the ship? — A. Yes sir. Q. What did you do then?— A. We^ walked right out into the street, and we walked down towards the dock. And we met Mr. Sturdy and Dr. White on the dock. We met them right oa the dock ; and a Chilean offlcer came over, and spoke in Chilean; and he said, "You had better go aboard anyway." So Honnors and myself and Morgan, the marine, went down as far as the dock, and we started to go off; and they charged bayonets on me. Q. Who charged bayonets on you? — A. The Chilean soldiers. Q. How many of them were with you? — ^A. There were four of them on the Mole; two on horseback; and two in uniform. Q. Who used their bayonets; two of them? — A. There were four of them soldiers; two on horseback, and two on foot. The two on foot charged bayoneta on me and Morgan." Q. Did they strike you? — A. No sir, they did not. Q. What did they say to you?— A. I don't know. Mr. Sturdy can tell you that. Q. You don't know, because it was in Spanish ?:i-A. Yes sir. 408 RELATIONS WITH CHILE. Q. What did you do?— A. I threw up my hands when they charged ■bayonets on me. Q. Theiy didn't w;ound yDU with the bayonets? — ^A. No sir. Q. What did they do with you?— A. Mr. Sturdy squared it with them; and we went down to get a boat and go on board; and we couldn't get one. And we went up to a saloon. Q. What did these men charge bayonets on you for?— A. Because we belonged to the "Baltimore's" crew. Q. Did they let you go then?— A. No sir; they followed us. Q. Why didn't you go on board ship?— A. Because w6 couldn't get a boat. The police would not allow us to go. There was one man that w^anted to take us off in a boat, and the others would not allow him to do so. Q. What did you do then? — A. I got arrested afterwards. Q. For what? — A.' For protection. Q. Who arrested you? — A. The soldiers. Q. Where? — A. Eight in a saloon near the Exchange oflice. Q. That isnot far from the Mole?— A. No sir. Q. Who was arrested with you? — A. Me, Honners, Swanson, Butler, an^ a number of others. There was a number of us. Cass and Nichols. Q. Were you then taken to prison? — A. Yes sir. Q. About what time was this? — A. This was about half past or a quarter after eight o'clock; I don't know which. Q. Why did they say they arrested you? — A. For protection. Q. Did they say they arrested you for protection? — A. Yes sir. Q. And took you to prison to protect you against the onslaught of the people? — A. Yes sir. Q. When did they let you out? — ^A. I don't know exactly. It was Saturday afternoon some time. Q. "tou got out of the prison on Saturday afternoon? — A. Yes sir; Saturday afternoon some time. Q. Was it the next morning? — A. No sir; it was in the afternoon. Q. The next afternoon? — A. Yes sir. Q. On the 17th of October? — A. Mr. Sears came down on the 17th, I think it was; and we were let out. Q. Did they bring any charges against you?— A. Well, they had ' charges against some of them. Q. Did they have any charge against you? — A. No sir. Q. Then you were released and sent aboard the ship? — A. Yes sir. Q. What tin^e did you get aboard the ship? — A. Quarter after eight in the evening. Q. What was your condition as to sobriety during all this time you were on shore there?— A. I was as sober as a judge. I didn't have time to get drunk, Q. How were the other members of the crew of the " Baltimore" with whom you were? — A. Honnors and me were sobor all the time. Hon- nors got a couple of drinks up in the place there. I think the Chileans wanted to bribe him. Q. Was he drunk?— A. No sir, he was not drunk. Q. Were any of them drunk; any of tlic mou that were with you? A. No sir, they were not. Q. Did any of them create any disorder or disturbance? — A. No sir; not while I was witli them. Q. They were all in uniform, you say ? — A. Yes sir. Q. What arms or weapons or knives did you have, if any, with you? Did you have anything ? — A. No sir, I did not. BALTIMORE INQUIRY. i 409 Q. Did the others to your knowledge have any knives or weapons'? — A. No sir. Q. Do you know whether they had any weapons or knives or anything about them? — A. ISTo sir, they did not. (Sgd.) John Downey. United States op America, State and Northern District of Galifornia, ss: I, James S. Mauley, a Commissioner of the Circuit Court of the United States for the Northern District of California, do hereby fur- ther certify that John Downey, the witness who subscribed to the foregoing deposition, was by me duly sworn ; that said deposition was taken on the 8th day of January, A. D. 1892, at the Office Building at the Navy Yard at Mare Island; that said deposition was taken down in shorthand by stenqgraphers employed for that purpose, and after- wards by them reduced to type-writing, and read over to the witness, and by him declared to be correct, and by him subscribed in my pres- ence. In witness whereof, I have hereunto set my hand this 9th day of January. A. D. 1892. - (Sgd.) ' J. S. ManleT, Commissioner^ United States Circuit Court, Northern District of California. DEPOSITION OF JOHN BUTLEE. , Be it remiembered, that at the above-entitled exapiination, conducted by Colonel W. B. Remey, U. S. M. C, Judge Advocate-G-enpral of the U. S. Navy, by order of the Secretary of the Navy, held at the Office Building of the Navy Yard, Mare Island, California, and on the 8th day of January, 1892, before me, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of Cali- fornia, duly appointed and qualified, personally appeared John But- ler, who, after being duly Cautioned and sworn, did depose and say as follows, to-wit: John Butler, having been first duly sworn, testified as follows : The Judge Advocate-Gbneral.-^Q. State your name, rating, and station. — A. My name is John Butler; I am seaman apprentice, sec- ond class, on the " Baltimore". Q. What is your age? — A. I will be 21 next June, sir. Q. Were you on board the "Baltimore" as a member of her crew at Valparaiso, Chile, on the 16th of October last?— A. Yes sir. Q. Did you go on shore on liberty with the other men of the vessel on that day? — A, Yes sir. Q. Do you know of any difficulties or disturbances occurring on the shore that day at Valparaiso, between Chilean sailors and others, and members of the crew of the " Baltimore" who were on leave there? — A. Yes sir. Q. State all the facts and circumstances within your knowledge re- lating to such disturbances or difficulties. — A. When I went ashore, I went with Hayes and Moloney. Q. Did they belong to the " U. S. S. Baltimore"?— A; Yes sir. Q- What time did you go ashore? — A. I went ashore about one o'clock in the afternoon. 410 RELATION.S WITH CHILE. Q. Were you on liberty? — A. Yes sir. Q. Were the others on liberty'?— A. Yes sir. When I reached shore, I went up town, and I stayed up therfe, until about two o'clock in the afternoon. Q. Up where; what part of the town?— A. Up around the Plaza Victoria. Q. Did these other men go with you?— A. Yes sir; three of us were together all day. At half past two we were at Eiley's. Q. Did you see any trouble at the Plaza Victoria? — A. No sir. Q. Atlialf past two you say you were where?— A. We were at Riley's. Q. Where is that?— A, I don't know the name of the street. Q. Is it up at this Plaza Victoria? — A. UTo sir; it is down town. Q. Down in the other end of town?— A. Yes sir. We had a few drinks in there. There was a lot of fellows in there ; they were drinking with us. They said we had better go to a hotel; that they were going to kill us if they caught us in the street. Q. Who told you that ? — A. Some of the men in there. Q. Were they Chileans? — A. Ko sir; they were sailors; they told us this was a gang, that there was a gang out there ready to catch every one of us. Q. Who were this gang'? — ^A. They were, citizens, soldiers and sail- ors. ' ' Q. Chilean citizens, soldiers and sailors? — A. Yes sir. I went down there next door to the ' ' Shakespeare"- Q. Did these other men go with you? — A. Yes sir. There were a lot of blue jackets in there, and we had a few drinks in there. And David- son came in, and hollered out that there was a man gettiug killed. Q. What time was this? — A. This was about half past three o'clock. Q. About half past three? — A. Yes air; he said, "You had better hurry up now, and try to get the man down here." And we went out, and Hamilton was knocked down in the street. He was lying on the sidewalk, and there was a whole gang around him. We put him on his feet, and he could not stand. Q. Who was Hamilton? — A. He is the carpenter's mate. Q. Who was the party? — A. There was one sailor there that I saw that had one arm. Q. A Chilean sailor? — A. Yes sir. Q. Who were the others ? — A. They were all citizens. Q. What were they doing 1 — A. They were firing stones at him. Q. Firing stones at him when he was down? — A. Yes sir; they were firing stones at his head; and they fired a lot that didu't happen to hit him. And there was one man over him with a knife. Q. G-oingtostabhim? — A. Yes sir ; and Davidson knocked htm down. Q. What did you do then ? — A. We put him on his feet, and he couldn't stand ; and the gang got too much for us, and we started to run. ih Q. What do you mean ? — A. They started to throw stones; and we ran, and they ran after us. , Q. What did they say? — A. They were talking in Spanish; I couldn't tell what they were saying. Q. You know what "American" is in Spanish? — A. Yes sir; Ameri- cano. ^ Q. What did they say? — A. "Americanos, son of a bitch." Q. They were crying that at you when they were chasing you? — A. Yes sir. Q. Were you running from them? — A. Yes sir, we were running from them, and they were firing knives and stones at us. Every one we met BALTIMORE INQUIRY. 411 in the street tried to stop us with clubs; and they knocked us down a few times before we got to the Mole. ' Q. What time did you get to the Mole? — A. It was after four o'clock. Q. Was it about dark? — A. It was just beginning to get dark. Q. You are not sure about the time?^A. I am not sure about the time; but that was very near the time. ■ Q. It was about dusk when you got to the Mole? — A. Yes sir. Q. How long was it after these people commenced chasing you, after you left Hamilton, before you got to the Mole? How long did it take you to get down there? — A. It took us about an hour. Q. It took you about an hour to get down there? — A. Yes sir; we didn't known the way down. We would run every way we saw it was clear. Q. They were chasing you all the time? — A. Yes sir. Q. Did you see any other disturbance than that one? — A. When we got to the Mole there was another fellow joined with us, Hodge. Q. You left Hamilton? — A. Yes sir; he was l^ing in the street. And there were three of us together when we got on the Mole, and they separated us. There was one of us on each ^ide. I was in the middle of them; and they tried to push me overboard. Q. Who did? — A. The mob. They were on top, and they were throwing stones at us. ^ Q. They were on top of what?— A. I was down on the bottom steps, and they were on top. I offered a pound and a half to a man to take me off, and he wouldn't do it. He hit me with the oar. Q. This mob followed you and chased you, and tried to throw you overboard? — A. Yes sir. Q. Were there any police down there? — A. Yes sir, they were look- ing on. Q. Didn't they try to stop it at all? — A. No sir. Q. You are sure of that? — A. Yes sir; we passed them on the street, all the way down. Q. Did they attempt to stop the mob from following you? — ^A. Ko sir. Q. You are positive of that? — A. Yes sir. Q. And when you were on the Mole there, were there any police there?— A. There were two at the head of the dock. They went up the street. Q. Did they see the men attack you on the Mole?— A. Yes sir. Q. What did they do?— A. They didn't do anything; they walked away; they walked the other way. Q. Didn't they attempt to stop this assanlt?^A. No sir. Q. You .offered a man a pound and a half to take you off to the ship? — A. Yes sir. Q. Was he a Chilean boatman ? — A. Yes sir." Q. What did he say ?— A. He picked up an oar and tried to hit me with it, and I ran back. Q. You ran back on the Mole ?— A. Yes sir, I ran back on the Mole, and I got knocked down. Q. By whom did you get knocked down ?— A. By the mob. Q. About how many of the mob were there ?— A. The whole dock was full, all the way up to the Square. You couldn't see anything but one mass of people. Q. What became of the other two men who were with you ?— A. Two of us got arrested ; and the other feUoW was there near. I told the po- licemen who took me away, to take him too ; and they wouldn't do it. 412 EELATIONS WITH CHILE. Q. You were knocked senseless on the Mole, and the policemen ar- rested you ? — A. Yes sir. Q. When you recovered consciousness, where were you ? — A. I was on the Mole when they picked me up, and they had me about Ave yards frorn where I dropped. I had come to, and I was passing right by where Davidson was. Q. "Where did they take you ?— A. They took me to the station^ house. Q. Did they take the other men to the station house ?— A. They took, one, and they left the other there, Hodge. Q. Did they tell you why they arrested you?— A. ISTo sir. Q. Did they make any charge against you? — A. No sir. Q. How long did they keep you there?— A. They kept me there from that night until the next night. Q. Then you were released and sent aboard ship ? — A. Yes sir. Q. Was the other man released with you at the same time? — A. Yes sir. Q. And you went aboard ship together? — A. Yes sir. Q. Were you seriously hurt in this dififtculty?— A. I got two cuts on the head. Q. Two cuts on the head? — A. And my arm is sore; there is a lump on my muscle here; and my leg was all skinned where I got hit in the shins with rocks, and my side. , Q. On that 6.^y, what was your condition as to sobriety, and the con- dition of the other two men with you? — A. We were sober, sir. Q. All of you? — A. Yes sir. We were only on shore about an hour; and then we were playipg billiards. Q. Y'^ou were only on shore about an hour; what do you mean? — A. We were only on shore about an hour before we got down there. Q. Before you got down where? — A. Down to the other end of the city. We were playing billiards most of the time. Q. You say that this crowd tbllowed you down to the Mole, and were throwing stones at you; chasing you to the Mole? — A. Yes sir. Q. Did they have any arms of any kind with them? — ^A. Yes sir, they had knives. Q. Did they have th^ drawn?— -A. Yes sir; there was a boy" ran out, and Davidson was ahead of me, and I was behind him; and this boy drew a knife, and he was going upon Davidson, and when I got up to him, I kicked him and knocked him down. Q. Did you see any others with knives? — A. Yes sir; there were knives thrown at us. Q. They didn't hit you? — A. No sirj they passed by us; two of them that I know of. Q. While you were running? — A. Yes sir; I saw two of them drop right in front of me. Q. Did you have any warning prior to your going ©n shore on liberty from anybody, that if the men of the "Baltimore" went ashore there, there would likely be trouble?-;- A. That was the only one. Q. Which one? — A. ^he one which I told you about. There were three men in there that drank with us, and they told us. Q. That was after you got ashore? — A. Yes sir. Q. But you had no warning prior to that, before you got ashore? — A. No sir. Q. Did you have any difficulty with the police that day, on that occasion? — A. No sir; I got hit by the police afber I was arrested. Q. With what? — A. With a club about that long. (Showing.) BALTIMORE INQUIRY. 413 Q. Oae policeman had you? — A. There were two policemen in citi- zen's clothes that had. clubs. Then there was about 25 around me alto- gether; and they had to charge on the crowd to make them get out of the way, to get us to the station house. Q. Why did they hit you with a club?— A. I don't know, sir. Q. Did you resist them ? — A. No sir. Q. Did you attempt to escape from them? — A. No sir; I was glad to be arrbsted. ' Q. Why were you glad to be arrested? — A. I would have been killed, if I hadn't been arrested. Q. You were glad to be arrested, for the protection you got? — A. Yes sir. Q. And the policemen hit you with clubs taking yod to the Jail? — A. Yes sir. Q. Had you said anything to them at all? — A, ISTo sir. Q. And you offered no resistance ?-^A. No sir; there are two jails. They locked me up in the jail that is next to the Mole first. An(J they had me in there, and the man that was in there said, "Let them go". There were two of tl).em. Q. They didn't let you go?-- A. No sir; he took us outside, and he was going to let us go, and he said, "Cinco peso"; he wanted five dol- lars. Q. Who was he? — A. I don't know. Q. Was he an officer of the Jail?— A. Yes sir; he was the clerk. ' Q. What did you tell him? — A. I told him no. Q. You told him no, what? — A. I told him I wouldn't give it to him. The crowd was all outside of the Jail, and he took me back again^ and he told the Judge there that I called him a son of a bitch. Q. Who did?— A. This man did. Q. Did you say anything to him? — A. No sir, I didn't say anything to him. Q. Is that all you know about the matter? — A. Whep I got in Jail I had to pay two dollars for a drink ot water. Q. Who did you pay it to? — A. I paid it to the sentry. Q. Did you at any time there at Valparaiso, to an/ person or ofiicial, express your -approval of the action of the police on that day? — A. No sir. (Sgd.) John Butler. United States op Amekica, State and Northern District of California, ss: I, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of California, do hereby further certify that John Butler, the witness who subscribed to the foregoing deposition, was by me duly sworn; that said deposition was taken on the 8th day of January, A. D. 1892, at the Office Building of the Navy Yard at Mare Island; that said deposition was taken down in short- hand by stenographers employed for that purpose, and afterwards by them reduced to typewriting, and read over to the witness, and by him declared to be correct, and by him subscribed in my presence. In witness whereof, I have hereunto set my hand this 9th day of January, A. D, 1892, (Sgd.) J. S. Manlet, Commissioner, United States Circuit Court, I N'orthern District of California. 414 GELATIONS WITH CHILE. DEPOSITION OP THOMAS H. WILLIAMS. Be ft remembered, that at the above-entitled examination, conducted by Colonel W. B. Eemey, U. S. M. 0., Judge Advocate-General of the U. S. Navy, by order of the Secretary of the Navy, held at the OflSce Building of the Navy Yard, Mare Island, California, and on the 8th. day of January, 1892, before me, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of California, duly appointed and qualified, personally appeared Thomas H. WiUiams, who, after being duly cautioned and sworn, did depose and say as follows, to-wit : Thomas H. Williams, having been duly sworn, testified as follows : The Judge Advocate-GtENBRAL. — Q. State your name, rating, and station. — A. Thomas H.Williams; seaman apprentice, first class; on the TJ. S. S. "Baltimore". Q. What is your age? — A. 21 years, the 17th of next AprU. Q. Were you attached to the U. S, S. " Baltimore " as a member of her crew at Valparaiso, last October? — A. Yes sir. Q. Did you go on shore on liberty at Valparaiso, with other mem- bers of the crew of the "Baltimore" on the 16th of October last!— A Yes sir. Q. Do you know of any difficulties or disturbances which occurred th^re at Valparaiso, between ChUean sailors and others, and the mem- bers of the crew of the " Baltimore " who were on libertyl — A. Yes sir. Q. State all the facts and circumstances within your knowledge re- lating to such disturbances or difficulties? — ^A. Well, I went on shore, a little after one o'clock, I think it was. Q. On that day, on liberty? — A. Yes sir; on liberty. I went on shore with Wallace and J. Anderson and WilUs. We all went together. We went up and got our money changed, and then we took a carriage and drove around and saw the city. We drove around for about an hour aiyhow; and then we got out, and we walked around different places, until about half past three or four o'clock. Then we came down to the " Shakes])eare " saloon. It was open, but the boss said he was not go- ing to keep open very long, because there was going to be trouble around there, and so we would have to find some place else to stop at. Q. He said there was going to be trouble about what? — A. He said there would be trouble with our sailors and the people ashore. He said that from what he could understand them talking, there would be trouble as soon as it got dark. Q. Trouble by who? — A. By the Chilean sailors. Q. What were they going to do? — A. That is what we had to find out. He said it would not be safe for him to keep his place open, be- cause they would come there and break everything he had in there. He told us lie was going to close up, that he could not keep us ill there, because later, as soon as it got dark, he expected there would be trouble between the Chilean sailors and our men, because they had been laying for us to come ashore. Q. Who had beoii laying for you to come ashore?— A. The Chilean sailors had. Aft(!r we came out of there we went up to a place called the "True Blue." Q. That is another saloon?— A. Yes sir; that is another saloon right around from the "Shakespeare". After we got in there, a few minutes afterwards, I couldu't tell exactly how long, Riggin and Talbot and BALTIMORE INQUIRY. 415 Davidson came in; and asked iis how we were making out, and we told them all right; and they said the best thing we could do was to all get in one place and stay together. The man who kept the " True Blue'.' said we could stop there if we wanted to; and he said if there was any- thing he could do for us, he would do it. Because we would be better in there than running out ou the street, because once they got onto us, the whole town would be in an uproar. He said, "if you stay in one place, may be you can keep the mob from getting the best of you." Eiggin and Talbot went .out, add Davidson. Eiggin W9;S singing and dancing there, and having a good time together with the others. And they went out to look for Honnors and Downey. They said they would be back in a few minutes. We met Honnors and Downey before that and asked them where they were going, and they said they were going to a barber shop to get shaved. We told Eiggin what they said. We didn't know exactly where he could find them. In about fifteen or twenty minutes Jerry went out, him and Wallace. A little while after that, the man who had been with us, out of the merchant service, he came running in there, and he said, "Your comrade is down below fighting." He said, "There is a mob of them killing them down there." Q. Who did he refer to; did he refer to Jerry? — A. No; he Isaid my comrades were getting killed down there; getting hurt down there. A man in this place told me I had better not go down, and I said, "Yes, I will go" out, and get the men back if I can." And he gave me his hat, and he shoved my collar in, and the lanyards. Q. That was done to disguise you? — ^A. Yes sir. I had on my sea- man's uniform, and they could pick me out right away. So I put on his hat and turned in the lanyards and neckerchief. And there was a crowd of people going down the same way, Q. What people were they? — A. Citizens and everything. Q. Sailors? — A. I couldn't make out any sailors. I couldn't teU ex- actly what they were; I didn't take much notice what they were. There was a big mob aU going the same way. I got on the corner of a little square there, and I saw a crowd rushing across the street. The street car ran there. When I got on the corner I saw somebody; I couldn't make out who it was. A little before I got to the corner, a policeman grabbed me. I couldn't understand what he was saying; and I shoved lii™ away, and I ran down there; and I could not find any of our, fellows. So I made back, and got in this place, and was kept in there. Q. In which place?— A. In the "True Bhie". Q. You didn't see who that was that they had there? — A. I couldn't make out. I know it was one of our sailors, but I couldn't make out who it was. There was a great many people ;there, and I couldn't make out who it was. I know they had him on the go, whoever it was. Q. What was the crowd doing?— A. They were all running and throwing stones, and hollering, " KiH the Yankees," or something like that. I couldn't tell you now what it was, but it was "Yankees." Q. They were crying out ? — A. They were crying out. Everybody was hollering. Q. Did they have any arms with them; knives or anything of that kind? — A. I didn't take any notice. Q. What about the policemen 1— A. The policemen were blowing whistles at the time; but all of them seemed to be going the same way, making for the same place. ' Q. Then what?— A. I got back to the "True Blue" and stopped there all night. The man that kept the place took me into a room ; and a , 416 RELATIONS WITH CHILE. little while after I got back', I don't know whetlier it was sailors o^ officers, or what it was, but somebody came there and wanted to know if there were any Yankees in the place. Q. Whea was that ?— A. After I came back from .where the crowd was running. Q. That was the night of the 16th?— A, Yes sip. jQ. The first night you were ashore?— A. Yes sir; I was not ashore but one night. Q. What time was that abouf?— A. I couldn't tell the time. It was not sundown yet; it was early in the evening, about half past four or five. It might have been later. It might have been later, or it might have been earlier; I couldn't tell. Q. Then you went back to the "True Blue?"— A. When I went back to the "True Blue" I was taken in there and put in a room. My room faced the street. Q. Who was there besides you?— A. There was nobody there then that I know of, but myself. V Q. Kobody from the "Baltimore"? — A. IJTosir; nobody from our ship. Q. Then what happened?-r-A. After I went in the room, there was somebody came outside; I don't know whether they were officers or sailors, or who tliey were. But they wanted to know if there were any Yankees in there. The proprietor of the place did not want to. let them in, but they insisted, and he opened the door to the saloon, and they came in. But they didn't come in where I was. After that they went out. Q. Did you see them? — A. No sir; I was in the room. I could not see them. I was in the room. Q. Do you mean that these were Chilean officers? — A. 'So. I said I didn't know whether they were Chilean officers or not. I know they were Chileans who came there and asked if there were any Yankees in there. They were hollering for Yankees. Q. That was all you saw, was it? — A. Yes sir; that is all I saw. Q. What time did you go back to the ship ? — A. I went back to the ship about twelve o'clock the next day. Q. Did you see any disturbance when you went back there, on your way back? — ^A. Ifo sir; there wasn't any disturbance on the way back at aU. Q. You remained in the place all the forenoon? — ^A. Y'es sir; up to the time my liberty was up. Q. Why did you remain there ?— A. Well, the man of the place told me it was best to stop right in there, until he found out how things were. He went out and looked around, and said everything was in an uproar. Q. What was the condition of yourself as to sobriety, and the con- dition of those other men with you on that occasion? — A. Well, I was sober, and all the men with me were -sober, as far as I know. Q. Were you and those with you in uniform? — A. I was in uniform up to the time I changed to go down from the saloon. Q. You changed by tm-ning down your collar, and removing your cap? — A. Yes sir. Q. Were all the others in uniform? — A. Yes sir. Q. Had you or any of your companions, any weapons or knives, or arms of any kind? — ^A. No sir; I didn't have any at all. Q. Had the other.s?— A. I couldn't tell you. I didn't see them have any. Q. They didn't have any to your knowledge ?— A. Not to my knowl- - edge, they did not. (Sgd.) Thomas H. Williams. BALTIMORE INQUIRY. 417 TJiiiTED States of America, State and Northetn District of California, ss : I, James S. Manley, a Commissioner of the Circuit Court of the United States for the l — A. We were sober. I did not see a man in my company, or any man I met that day, I will take a solemn oath, drinking any liquor. Q. I thought you said you had been taking drinks? — A. We drank beer, but I seen no liquor drank. Q. You refer to members of the crew of the "Baltimore"?— A. Yes sir. Q. You say any man you met that day. Do you mean only the mem- bers of the crew of the "Baltimore"? — A. Yes sir. I will take an oath that I saw no one take any hard liqiior that day. Q. Did you have any arms or knife, or weapon of any kind about you? — ^A. I had nothing except a bottle. Q. Did the other members of the crew of the "Baltimore" with whom you were on that day, to your knowledge, have any weapons or khives of any kind? — ^A. None that I know of. Q. That is to your knowledge? — A. Not to my knowledge. Q. Did you at any time, at Valparaiso, to any person, or offtcial, ex- press your approval of the action of the police on that day? — A. No sir, I did not. •124 RELATIONS WITH CHILE. Q. Did you see many police down about the square where this dis- turbance took place, in which you were engaged? — A. No; I did not. Q. When you and the rest of this party approached this mob near the monument there, and near the mole at the time referred to, did you commence active operations against them, or did they comm'ence against you? — A. They commenced at us. I had hardly got outside of this barroom door, before a paving stone was fired at me. Q. Had you offered any offensive remark, or taken any action against any one before this? — A. No sir, I had not spoken to any one outside of our own ship's company. (Sgd.) A. J. Stewabt, United States of America, State and Worthern District of California, ss: I, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of California, do hereby fur- ther certify that A. J. Stewart, the witness who subscribed the fore- going deposition, was by me duly sworn^ that said deposition was taken on the 9th day of January, A. D. 1892, at the OfSce Building of the Navy Yard at Mare Island; that said deposition was taken down in shorthand by stenographers employed for that purpose, and after- wards by them reduced ttf typewriting, and read over to the witness, and by him declared to be correct, and by him subscribed in my pres- ence. In witness whereof, I have hereunto set my hand this 11th day of of January, A. D. 1892. (Sgd.) J. S. Manley, Commissioner, United States Circuit Court, Northern District of California. I DEPOSITION OF JOHN CAESON. Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Eemey, U. S. M. C, Judge Advocate General of the U. S. Navy, by order of the Secretary of the Navj', held at the OflBce Building of the Navy Yard, Mare Island, California, on the 9th day of January, 1892, before me, James S. Manley, a Commissioner of the Cir- cuit Court of the United States for the Northern District of California, duly appointed and qualified, personally appeared John Carson, who, after being duly cautioned and sworn, did depose and say as follows, to- wit: John Carson, having been duly sworn, testified as follows: The Judge Advocate-General.— Q. State j^our name, rating, and station.^A. My name is John Carson, and I am an oiler on board the " U. S. S. Baltimore." Q, Were you attached to the "Baltimore" when she was in Valpa- raiso in October last? — A. Yes sir. Q. What is your age?— A. 39. Q. Did you go on liberty with other members of the crew of the " Baltimore " m Valparaiso, on tlie 16th day of October last?- A. Yes, sir. Q. Do you know of any difficulty or disturbance which occurred on shore that day at Valparaiso, between any Chilean sailors or others, BALTIMORE INQUIRY. 425 and members of the crew of the " Baltimore " who were on liberty?— A. Yes, sir. Q. State all the facts and circumstances within your knowledge relating to any such disturbance or difficulty on that occasion?— A. We arrived on shore in Valparaiso, and me and McBride got to- gether. That was about one o'clock or a little after. Q. Who is McBride?— A. An oiler on board the " Baltimore." We walked up as far as the Exchange office, and he said " I am going to change some money ". I said " Very well; I will go down as far as Tom Eeilly's, and get some papers, and meet you here". I went down there, and Eeilly was not in. Mrs. Eeilly told me he was up at the Theater Victoria interpreting for some Opera troup that was there. With that I came back and met McBride/ and the carpenter together. Q. Who was the carpenter? — A. Hamilton of the "Baltimore"- They were standing outside of a door at Mr. White's place. I said "I feel sort of dry; let us get a drink." Q. Mr. White kept a saloon? — A. Yes, sir. As soon as we got in there he said "I advise you boys to get in before dark." McBride got a cigar and Hamilton got a cigar. I was going t(f driuk-some water, and Hamilton said "You had better pay for a drink." I said "All right, give me a bottle of soda water or lemonade, one or the other." With that we left there. Q. Did any of the rest take anything to drink? — A. No sir, they took a cigar. With that we left and went to the Plaza Victoria. On our way there we called into a cigar store and we got cigars. We went around to the theater, and found that there was going to be no play that night, and that Reilly was not there. We walked all round tixe place, I suppose for about half an hour and met our captain, and Mr. Sebree our flrst lieutenant, on the corner. We stood by and saluted. About 10 minutes after one, me and Hamilton went down as far as Eeilly's. We took the next car coming down. We left McBride on the corner of the square. There were a lot of our men in Eeilly's. Eeilly said as soon as lie seen me "I advise you to get in before dark some- where, in fact I advise aU you boys to." Q. Who was he referring to? — A. To me and our crew. He says " They are going to go for you to-night after dark. Q. Who did he refer to? — A. The "Baltimore's" crew — our crew. Q. Who did he mean was going for you? — A- The Chilanos. He said '^Take my advice and get in before dark." Q. Did he say how he knew it? — A. Yes sir. He said it was already reported that they were going to attack" us as soon as it was dark, or as soon as they got us spltt up ; they were playing Spanish poles. jQ. What place does Eeilly keep ? — ^A. He keeps a saloon. It is better known as the Horseshoe. Q. What street is it on? — A. It is on Cochran street. Q. Now go on with your statement? — A. I left him playing a game of Spanish pole along with a fireman cflf the name of Gallagher. Q. Left who?— A. Hamilton, the carpenter of the "Baltimore" I went to the water front on my way back to meet my shipmate, as I ex- plained, McBride, and when I was about 10 or 15 yards from the Mole, a gentleman came along and said " Some of your men are getting killed on the Mole." I hastened my steps, and I see a big crowd. Before this I passed some of my shipmates Standing outside some store, and I run back and told them, that some of our boys were in trouble. The man whom I told is named Sullivan. I started off with him. He said " Jack, go back. There are a lot of them inside, and drive them out." 426 EELATIONS WITH CHILE. Q. Who was inside?— A. A lot of our men— the "Baltimore's'/ men. I went back, and I called them all out. They a^U came out, one after the other. Q. ^Vbout how many were there?— A. About seven to the best of my knowledge. I called them out. The last one was Stewart. He had something in his hand, but I don't know what it was. He came run- ning out, and with that we started down to the monument. I could see everyone engaged the same as in a skirmish line. All our men were striking right and left, for all they were worth. Before we could get close eSough we were attacked. Q. Who were they fighting with?— A. With the Chileans. Q. Were ttey attacking the Chileans?— A. Fo sir; this mob was attacking the "Baltimore's" men on both sides. Q. And the men were defending themsplves ?— A. Yes sir. We stood there to the front, and we seemed to be getting the best of it, unta they started with the stones. Q. Who started with the stones?— A. The Chileans, They com- menced firing paving-stones. The^ kept crashing over my head, and it took me all the tim'te to dodge them. 1 hoUered to Stewart, who was 8 or 10 feet away "keep up to the rails, we are getting corralled here." With that we got to the rails, so that they could jiot get to the back of us in front of the iponument. Then they commenced to corral us aU rournd, and we commenced to break away, retreating back. A man with a knife in his hand got right before me. Q. Who was he? — A. A Chilano. He drew the knife, and I made for him with nothing but my open hand. As soon as he saw me mak- ing "for him he shied, and gave way to me. With that he made for Stewart. As soon as he lifted his hand, and was in the act of etriking Stewart in the back, I let go my right hand and caught him in the side of the head and threw him across Stewart's feet. I could not stoop down to pick up the knife, because the stones were coming so quick, and I was afraid of getting hit on my h^ad. I broke my way through the crowd. Some of us were retreating together at the same time, until we got to the corner of the southern end of the monument, and there I lost aU my shipmates. One went one way and one went another. I retreated up towards the Intendente's office, and jumped on a car. The crowd was then about 10 or 15 'yards behind me, following me. With that the car stopped. I seen that he was not going to go on, so I jumped out of the car and made up towards Esmeralda street, what they call the Calle Prat. I looked behind and found they were not following me. They were going down to the water-front again and I kept on my course towards the Plaza there, .fust as I got up on the street, where the street divides at the Colon Hotel, and runs down to the water front, they were turning up the street, and as soon as they saw me thev yelled. Q. Who did?— A. The mob. / Q. They ha.d pursued you? — A. Yes sir. I don't know whether they were the same people or not, but as soon as they saw me, they gave a yell. I retreated into the cigar store. 1 had been in there before with Hamilton and McBride. and got cigars there. Q. It was about half way between the Plaza Victoria and the Intend- ente's building?— A. Very near that; about half way. I went in there and the mob came to the door yelling, and the cigar man said " Carson, they want your life; they are going to kill you." Q. You knew the cigar-man? — A. Yes sir. I always used to get my cigars there every tmne I went ashore^ and was very friendly with him. BALTIMORE INQUIRY. 427 He says " They want to kill you." I said " I have done nothing to them." He. said " Carson, the best thing you can do, is to try and make for that hotel across the street, and get a room." Q. What hotel?— A. The Hotel Ooloil. With that I made a rush through the crowd, and they opened the gangway for me, and I made the^teps of the hotel. There are two flights of steps going up to the office. I went up the first steps pretty lively The second flight I went up nice and slow. I asked the man if I could not get a room for the night. The crowd commenced to holler then. Q. Outside? — A. Yes sir, from down below. Q. What were they hollering? — A. HoUeijing everything in Spanish. I knew it was to put me out. They wanted me anyway. He said "No,/ he 6ould not give me a room." I asked him if he could not give me something to eat; that I had money to pay for it. He said "No" and pointed me towards the door. I stood for a moment or so and a cold chill run through me. I had nothing to protect myself with. I looked at the mob. I knew the cigar-store mah would send word to the ship if I was hurt and not able to get to the ship, and with that I went down two steps at a time, jumping sideways in the crowd. At the last steps I raised my hand to catch the first man that stopped me, and with that they opened out, and I stepped right across into the cigar- store. I stood again at the counter of the cigar-store and none of them dared to come in, but only yelled. The cigar-man said "I will try and protect you if I can. Come behind the counter." With that they thought I was going through the door agajn and commenced to open a passage. I slipped round the cotinter, and a young gentleman came running up and said " For God's sake* get those clothes off." ' Q, Who was he? — A. I don't know his name. Q. What did he mean? — A. I said "It is my uniform, and if I have got to die, I win die with this uniforto on." I said " If you are a friend of mine, give me something to protect me." He said " I am an Ameri- can, nothiQg will save you; listen to them yelling for your blood at the door; they want your blood." Q. To whom did he refer? — A. To the Chileans outside. There was only a screen betw'een us and the counter. He said " They are yelling for your blood outside; Yankee blood;" he said" "I am an American.'^ I said "Very well sir ; I will change my clothes." Q. What clothes did you put on? — ^A. Citizen's clothes. Q. He gave them to you? — ^A. Yes sir. He sent for them and got them. I asked him to come with me, and said " We can do good work^^ and look for the rest of my shipmates, who may be knocking around, and know nothing about this trouble." We started out, and I met one of our machinists named Beers. He knew nothing about this trouble. I met him in the " Eose and Thistle." Q. Were you wounded or bruised in this trouble? — ^A. No sir; I was not wounded. I had a few clouts, and that was all; a few hits. I did not take any notice of it. Q. They did not disable yoii? — A. No sir. Q. About what time was this, when you were cornered in the cigar- store? — A. It would be about half past six. Q. Then, as I understand you, when you appeared on the streets in citizen's dyess, after taking off your uniform, you were not disturbed by tlie mob or by any person?— A. No sir, me and him went dqwn. Q, Did you have any arms, weapon^ or knife of any kind, about you,, at the time? — ^A. Nothing but my bare hands. Q. Did the other men of the Baltimore, so far as you know, to whom 428 RELATIONS WITH CHILE. jou have referred, have any weapons or knives? — A. The only one I see with a weapon, was Stewart. He had something in his hand. I don't know what it was. It was a bottle or something. It looked like a bot- tle to me. Q. All of you were in uniform? — A. All in uniform. Q. What was your, condition as to sobriety, during this time?— A. -As sober as I am now; a little more determined than I am now, but just as sober. Q. What was the condition of the other men of the Baltimore, that you saw? — A. Sober aU the time, all of them. Q. All of them'?— A. All of them. Q. How did you get back to the ship, and when ? — A. I left this gen- tleman abont 11 o'clock. We went all round, to see if we could find any more of our ship-mates. I met this man Quigley, of the " Balti more." Q. The gentleman t ) whom you refer is the one that gave you the citizen's clothes? — A. Yes sir. I met Quigley, and he was wounded in his arm. Q. Where did yon meet him? — A. I met him in the "Eose and Thistle." Q. Did lie go with you then? — A; N'o, sir; I left him there and went out. This gentleman said, "I will have to leave you; I advise you to ^0 to the Victoria Hotel.'' I went there and could not get in. With that I walked the streets all night. I went round the parks and sat on the benches, and from there down to the Mole, until about 5 o'clock in the morning. Q. In citizen's clothes? — A. Ye»sir; I could not get no place to go in. About 5 o'clock in the morning I went into a restaurant and got some breakfast and a wash. I walked then down the Plaza and saw no one, and about 8 o'clock I went to the cigar store. Q. When did you go aboard ship? — A. One o'clock. Q. Was there anything else that occurred between all that time? — A. No sir. Q. How did you get back to the ship? — A. I went and got my clothes at 8. o'clock. Q. Do you mean your uniform? — A. Yes, sir; I cTianged my uniform -and went round the square and met some of our boys. • ' Q. Did anything occur after that? — A. No, sir. Q. How did you get aboard? — A. After knocking round until 11 or , 12 o'clock, I went back to the cigar store, and when I said I was going aboard he gave me a lot of cigars. I went right down. As I was going down I met a lot of gentlemen, who advised me not to go down to the Mole. I said, "I have got to go," and "down I am going. I am going to my ship." With that I went straight down. I had a package of cigars, which the cigar-man had given me, in my hand. Q. Were you in citizen's clothes or in uniform ? — A. Uniform. I went clean right through the mob without getting molested, only they were hissing at me, when I was getting into the boat. Q. What boat?— A. One of the shore boats. I jumped into the first boat that came alongside, and went aboard ship. Q. What time was that? — A. One o'clock in the afternoon. Q. On the 17th?— A. On the 17th. Q. Did you express your approval to any person at Valparaiso-of the action of the police on that day? — A. No, sir. (Sgd.) John Carson. baltimore inquiry. 429 /United States of Ambeioa, State and Northern District of California ss : I, James S. Manley, a Commissioner of the Circuit Court of the United States for the ISTorthern District of California, do hereby farther certify that John Carson, the witness who subscribed the foregoing dep- osition, was by me duly sworn; that said deposition was taken on the 9th day of January, A. D. 1892, at the ofilce building of the l^Tavy Yard at Mare Island, California; that said deposition was taken down in shorthand by stenographers employed for that purpose, and afterwards by them reduced to typewriting, and read over to the witness, and by /Mm declared to be correct, and by him subscribed in my'presence. In witness whereof, I have hereunto set my hand this 11th day of January, A. B. 1892. (Sgd.) J. S. Manley, Commissioner, United States Circuit Court, N'orthern District of California, DB POSITION OF OW:i?N CANNmC. Be it remembered, that at the abovie-entitled examination, conducted by Colonel W. B. Eemey, U. S. M. C, Judge Advocate-General of the U. S. Ifavy, by order of the Secretary of the ^avy, held at the Offlce Build- ing of the ISTavy Yard, Mare Island, California, on the 9th day of Janu- ary, 1892, before me, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of California, duly appointed and qualified, personally appeared Owen Canning, who, after being duly cautioned and sworn, did depose and say as follows, to-wit: Owen CANNiNa having been duly sworn, testified as follows : The Judge Advocate Genebal.-^Q. State your name, rating and station? — A. My name is Owen Canning, and I am' a coal-heaver on board the U. S. S. " Baltimose". Q. What is your age? — A. 1 sh^iU be 22 on the 13th of February. Q. Were you attached to the ^" Baltimore "'when she was in Valpa- raiso in October last? — A. Yes sir. Q. Did you go on liberty that day, with other members of the crew at Valparaiso ? — A. Yes sir. Q. Do you know of any difficulty or disturbance which occurred on shore at Valparaiso that day, between Chilean sailors or others and the members of the crew of the " Baltimore " who were on liberty ?— A.. Yes sir, I do, on the Mole. ' Q. I want you to state all the facts and circumstances within your knowledge, relating to any such disturbance or difficulty, which occurred that day?— A. There were five of us together of the "Baltimore's" crew. We had come down from the Plaza Victoria. We were just going in to a saloon, when one of my shipmates sang out that one of our fellows was on the dock in trouble. We all ran down to t^e Mole, just ahead of th6 dock. Q. What time was this? — ^A. I don't kudw the time; just befpre dusk, I should judge? Q. You had been on shore about hpw long? — A. We had been on shore about four hours. Q. You went ashore about what time? — A. About one o'clock. When I got into this crowd the first one I saw was Davidson. He was get- ting up. He had been knocked down, I suppose, and he was all bleed 430 RELATIONS WITH CHILE. ing. After tllat 1 was attacked the same as the rest. I got' separated from the other fellows whom I was with. Q. What did this crowd, that you refer to, consist of?— A. It was composed of citizens ; all kinds of people. I see 2 or 3 red pants among them. , I supposed they were soldiers. Q. Chileans?— A. Yes sir; all Chileans. Q. Did you notice any Chilean sailors?- A. I did not notice any Chilean sailors. Q. What was this crowd doing when you went up ?— A, They were at- tacking Davidson. Q. What were they using, any arms?— A. Sticks and stones and fists. Q, Did you see any knives? — A. No sir, I did not have a chance to see much. Q. Was Davidson surrounded then ? — A. Yes sir. Q. Did you attack the crowd? — A. I defended myself, Q. Did they attack you? — ^A. Yes sir. Q. How did they attaok you?^A. They attacked me with their fists and stones and sticks, and kicking. Q, At you? — ^A. Yes sir. I made a break, and I run into a saloon, and after I came out of there, I ^ent down to this Hotel Victoria, and I got a coat and hat off the proprietor of the place. Q. What kind of a coat and hat? — A. A straw hat, and a light over- coat. Q. What did you get that for? — ^A. So that I could go out. I wanted to go and see how things were looking, and I knew, if I went out in my uniform, I would only get the worst of it. Q. You got it to disg^iise yourself? — ^A. Yes sir, to protect myself, so that I could go out, and see what was going on, and to see the rpst of the feUows I was with. Q. Did any of. this crowd follow you, when you w^nt to the Hotel Victoria? — ^A. Ko sir; I ran in the saloon first. I ran around the cor- ner. I guess I kind of lost them, because not many followed me. I ran to the back of the saloqn and got in behind a door. I stopped in there for about 20 minutes. When I went out, it was getting dusk. I went to this Hotel Victoria, and I got a coat and hat, and when I came out again, I went up towards the Shakespeare, and there I saw Riggin- in a drugstore. He was laid out on his back. I wanted to get in, to see who it was. ' I couldmot see very well from the outside who it was, so I went in under the pretext to buy some medicine. I bought a few pills, and there I saw it was Riggin.' Q. Lying on the floor? — At Yes sir. Q. Covered with anything? — ^A. No sir, nothing at all. Q. Was there a cro^d about there then? — A. Yes sir; a very large mob outside. Q. The same kind of a crowd which you saw below? — ^A. Yes sir, made up of citizens, sailors and soldiers. Q. Whepe they assaulting or attacking anyone at that time? — ^A. No sir, there was no one round except Riggin. He was laid out in the drug-store, dead, I should think. Q. This was after Riggin had been shot? — ^A. Yes sir; I went up to the drug-store above and there, was TurnbuU. Q. When you were moving about with your citizen's overcoat and straw hat on, did you go near, or within sight of the mob? — A. What mob? ' . BALTIMORE INQUIRY. ", - 431 Q. Any mob? — A. I went down to the mole. The mob had dispersed on the wharf, a^nd was only around the drug-store. . ' Q. Was there a noisy crowd of Chileans there?— A. Yes sir. Q. Did you pass right by them? — A. Yes sir. Q. Did they molest you in any way? — A. No sir, not when I had this disguise on: they did not recognize me, Q. How did you account for that? — ^A. They (iid not recognize me as being an American man-of-warsman. Then I came down from there. I was looking for these parties I had been with. When I came down, I went into a saloon. Q. Was this drug- store, where you found TurnbuU, near the drug- store where you saw Eiggin? — A. Yes sir, just above it. Q. Where was Turnbull? Was he lying down? — A, Yes sir j he was iying down on his side. Q. Did you notice anything unusual about him? — A. Yes sir, I iioticed his back was all cut up. Q. How? — ^A. With a knife. It looked like stab wounds. Q. Was he bleeding? — A. Yes sir.- Q. Could you see the blood runnihg? — ^A. Yes sir. Q. Was his shirt up so that you could see his naked skin? — A. His shirt was off. Q. Could you see any wounds on his body? — A. Yes sir. Q. About how many'could you notice? — A. I did not count. Q. About how many? — ^A. I should judge about 10 or 15, from' the look of his back. Q. Was he lying senseless on the floor; was he conscious? — A. He rolled over on his back. I don't believe he spoke. I could not see. I w?is l9oking in through the door. ^ Q. What attention were they giving him. Were they doing anything for him? — A. I did not notice anyone doing anything at all to him. Q. What did you do then? — A. Then I went down to this saloon, right by the Mcrte, and I saw Joseph Quigley, a fireman on the " Balti- more." He was one of the fellows I was with. He was sitting in there. His hand wa^ all swelled up. Q. He was attacked by the crowd that you refer to, near the.Mole? — A. Yes sir, I went out of there, and I saw them arresting some of our fellows. Q, What was your condition as to sobriety at this time? — ^A. I was perfectly sober, Q, What was the condition of the other men of the "Baltimore"? — A, AH sober. 1 saw Turnbull in the afternoon, previous to this, I would judge about half an hour before he was attacked, and he was perfectly sober, iQ, That was the Only other time that you saw him that day after you went ashore? — A. Yes sir, Q. How did you get back to the " Baltimore ", and when?— A. I got back the following morning. I was told by several parties I had better go aboard in the morning, as there was liable to be a big mob waiting for us on the dock when we went off. I met Mr. Sturdy and Mr. Eow- botham, officers of the " Baltimore" about 2 o'clock, up in the Pacific House, and they went down with us, to see that no one would molest us, Q, You had on your uniform then? — ^A. Yes sir. Q. At the time of aU this trouble, were you and all the other members of the crew that you saw, in uniform? — A. Yes sir, we were in unifonn, when we were attacked. ' Q, Did you have any knives or weapons of any kind, or arms about 432* '" RELATIONS WITH CHILE. you, during this time that you were on shore that day? — A. Yes sir, I had a small -pocket-knife. Q. What kind of a knife?— A. A pen-knife that I use for cutting to- bacco; a small knife, about that long. (Describing.) Q. About two inches long? — A. Yes sir. • Q. When it is closed? — A. Yes sir, when it is closed. ^ Q. Did you, at any time, to any person in Valparaiso, express your approval of the action of the police on that occasion? — A, Xo sir. (Sgd.) Owen Canning. •ITnited States op America State and Northern District of California, ss. I, James S. Manley, a Commissioner of the Circuit Court of the United States for the Iforthern District of California, do hereby farther certify that Owen Ca,nning the witness who subscribed the foregoing deposi- tion, was by me diSy sworn; that said deposition was taken on the 9th day of January, A. D. 1892, at the oflace building of the Navy Yard at Mare Island, California; that said deposition was taken down in short- hand by stenographers employed for that purpose, and afterwards by them reduced to typewriting, and read over to the witness, and by him declared to be correct, and by hiin subscribed in my presence. In witness whereof, I have hereunto set my hand this 11th day of January, A. D. 1892. (Sgd.) ' J. S. Manlet, Commissioner, United States Circuit Court, , Northern District of California. DEPOSITION OF E. J. J. S. HODGE. Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Eemey, U. S. M. C, Judge Advocate General of the U. S. Navy, by order of the Secretary of the Navy, held at the office build- ing of the Navy Yard, Mare Island, California, on the 9th day of Jan- uary, 1892, before me, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of CaUfornia, duly appointed and qualified, personally appeared E. J. J. S. Hodge, who, after being duly cautioned and sworn, did depose and say as follows, to wit: ' E. J. J. S. Hodge having been duly sworn, testified as follows: The Judge Advooate-Gbneral.— Q. What is your name, rating, and present station?— A. My name is Eobert James Joseph Sylvester Hodge, and I am a seaman apprentice of the first-class on the " U. S. S. Baltimore". Q. How old are you f— A. 21 on the 6th of the coming April. Q. Were you attached to the " Baltimore" in October last, when that vessel was at Valparaiso, Chile ? — A. Yes sir. Q. Did you go on shore (m liberty with other members of the crew of the "Baltimore" on the 16th day of October last?— A. Yes sir. Q. Do you know of any difficulty or disturbance which occurred on shore that day, at Valparaiso between Chilean sailors or others, and members of the crew of the "Baltimore" who were on liberty? ^A. I did not know of any disturbance at that time ? Q. Not on that whole day? — A. No, sir. Q. State what, if anything, unusual occurred, when you landed with BALTIMORE INQUIRY. 433 the liberty party from the "Baltimore," and what time did you land from the "Baltimore"?— A. I landed on the ]M[ole about half past one. Just as we got on the Mole, there was a young fellow came up to me. and Semper. Q. Who is Semper? — A. Semper was a seaman on the "Baltimore" — and asked me if he could ship on board the "Baltimore"? We told him it would be best for him to go on board and see for himself. He turned round and said "You need not be so damned sassy about it". We said, "we are not sassy at all. " He had his hand in his coat like this (illustrating). He must have had a sling-shot of some kind in his Jiandi Semper had a small penknife in his hand. He had been picking his finger-nails with it. The fellow moved off and said "Well, we will get you tonight anyhow." Then we went on up town. Q. What was this man?-r-A. I don't knov?^. He must have been a beachcomber. Q. Was he a Chilean? — A. No, sir. Then we went up town* About half past 5 o'clock Semper said " We will go aboard the ship." We started, and just as we got down we saw a big gang, and before we could get to the Mole, we were surrounded by these Ohilanos. Q. This was near the Mole? — A. Yes sir, right near the Mole. We turned round to get out of the way of it, and I got struck with a stone. As I was running, a fellow tripped me up and made a lunge at me with a knife, and_ it struck through my cap. This is the cap (producing cap). I looked round to see who else was with us, and I saw John Butler. Q. Who is he? — A. A seaman apprentice, second-class, on board the " Baltimore '.'. A stone stn^ck huh on the head, and cut his head, and they knocked him senseless. When I got to the station-house — r- ^ Q. Were you firrested? — A. Yes sir, w;ewere arrested. * Q. Where?— A. Eight at the Mole. Just as we went down to get a boat. They would' not let us have any boat. They shoved aU the boats away from the mole to keep us from getting in. Q. Did you see any police at the Mole? — ^A. There were a lot of police andf (Soldiers, but I could not tell one from the other. Q. Were they armed?— A. Yes sir. Q. Did they see these people assaultiag you ? — A. They must have seen them. I heard they turne^ a guard out that night to help us, to keep the riot down, and instead of them helping us, they turned against us, Q. Who did? — A. The officers that they turned out that night. Q. You have stated that you and Semper went down to the Mole?— A. Yes sir. Q, This was about half past 5? — A. About haK past 5 or 6 o'clock. Q. What occurred when you approached the crowd? What did they do? — A. They all gathered around us, and commenced to sing out "Kill the Yankees." Q. Did they have any arms or anything? — A. They had sticks. I could only see this one fellow with a knife, who tripped me up. Q. Were there any police there? — A. Yes sir; all around the Mole. Q. What were they doing? — A. They were trying to keep them back all they could. Q. Were you injured in this row? — A. I gbt struck on the leg. I did not feel it until that night, after they locked me up, and I was struck in the back with a stone. Then there was a stone that glanced back of my ear, and knocked the skin off, but it did, not amount to anything very much. ^ Q. What became of Butler? — A. He was brought to the station-house. 28 • 434 RELATIONS WITH CHILE. We were not taken direct to the jail. "We were taken to a station- house on the Mole, and then when I was in there they brought Butler . in. You could not see his face very good, because there was blood all over. He asked me for a handkerchief, and I gave him one. He wiped the blood off. About 10 minutes afterwards Frank Smith was brought in. Q. Who was he? — A. Seaman apprentice, flrst-class, on board of the "Baltimore". . ^ Q. What was the matter with him'? — ^A. He was struck on the head with a stone. Q. How long did they keep you there?— A. They kept us there for about 10 or 15 minutes. Then the captain of the port's clerk said he was going aboard and would notify the captain about it. At that time a gang of police came in and took us up to the jail, and kept us there until the next evening at 8 o'clock. Q. Did they make any charge against you? — A. No sir. Q. Did they release you then that night? — A. They released us about 9 o'clock that night, after Mr. Sears and Mr. Eowbotham came over there. They came over to the court during the day. Q. Was that the day after the 16th — the day of the row? — A. Te» sir. Q. Did you see Hamilton that evening ?^-A. I saw him when we landed on the Mole, but I did not see him any more untU I got to the station-house, when about four policemen brought him in. Q. That was on the evening of the 16th? — A. Yes sir. He was stabbed then. His clothes were soaked with blood. They dropped him down and went through him to see if he had anything. I don't know if they found anything on him or not. Q. What was your condition as to sobriety, at the time you were o,n shore?— A. I was sober. Q. How were the other ^ members of the crew o^ the "Baltimore", that you saw? What was their condition as to sobriety? — ^A. All that I see were perfectly sober. Q. Were yt)u in uniform all the time? — A. Yes sir, in unlferm all the time. Q. Did you express your approval at Valparaiso, to any person, of the action of the police on that occasion? — A. No sir. (Sgd.) E. J. J. S. Hodge. Monday, January 11th, 1893. On reading over tjie testimony to the witness, the witness stated that he desired to add the following to his testimony, and appeared before the Judge Advocate-General, and made the same, as follows : On the evening of the 16th of October last, when I was trjdng to make my escape from the Mole, I was coming up the dock and a Chi- lean offtcer was standing at the corner of the dock, and he drew his sword and made a cut at me with it. Q. Who was this officer? A naval officer or an army officer? — A. I don't know whether he was an army officer or a naval officer. Q. Why did you think he cut at you?— A. Because he drew his sword, and I dodged away from him. b. j. j. s. hodgb. TJnited States of America, State and Northenn District of California, ss. I, James S. Manley, a commissioner of the Circuit Court of the TJnited States for the Northern District of California, do hereby farther certify BALTIMORE INQUIBY. 435 that E. J. J. S. Hodge, tlie witness who subscribed the foregoing deposi- tion, was by me duly sworn ; l^hat said deposition was taken (fh the 9th day of January, A. D. 1892, at the office Building of the Ifavy Yard at Mare Island, California; that said deposition was taken down in shorthand by stenographers employed for that purpose, and afterwards by them reduced to typewriting, and read over to the witness, and by him de- clared to be correct, and by him subscribed in my presence. In witness whereof, I have hereunto set my hand this 11th day of January, A. D. 1892. (Sgd.) J. S. Manlby, ^ Commissioner, United States Circuit Court, Worihern District of California. DEPOSITION^ OF CONDY BOYLE. Be it remembered, that at the above entitled examination, conducted by Colonel W. B. Eemey, U. S. M. C, Judge Advocate- G-eneral of the TT. S. Navy, by order of the Secretary of the Navy, held at the Office Building of the Kavy Yard, Mare Island, California, on the 9th day of January, 1892, before me, James S. Manley, a Commissioner of the Cir- cuit Court of the United States for the Northern District of California, duly appointed and qualified, personally appeared Condy Boyle, who, after being duly cautioned and sworn, did depose and say as follows, to- wit : Condy Boyle, having beei^ duly sworn, testified as foUows : The Judge ADVOCATB-GrENERAL — Q. What is your name, rating and present station? — A. My name is Condy Boyle. I am a second- class fireman on board the "Baltimore". Q. What is your age? — A. 28 years. Q. Were you attached to the "Baltimore",' when she was in Valpa- raiso, in October .last? — A. Yes sir. Q. Did you go on liberty with othbr members of the crew of the " Baltimore" in Valparaiso, on the 16th day of October last? — A. Yes sir. Q. Do you know of any difficulty or disturbance which occurred on, shore that day at Valparaiso, between any Chilean sailors or others, and the members of the crew of the "Baltimore" on leave? — A. Yes sir, I know there was a disturbance there. Q. State all the facts and circumstances within your knowledge, re- lating to any disturbance? — A. I went on shore on the 16th, about one o'clock, landed at the Mole and went up and had some money changed. I went from there up to Tom White's place, had a drink, and from there I went to Tom EeiUy's; we were going to the Opera. We played a few games of checkers in at EeiUy's and had a drink. ^ Q. "VVho was with you? — A. Myself and Thomas GaUagher, Patrick Eagen, and Patrick O'Neill of the " Baltimore ". We went to EeiUy's to see if we could get a ticket to go to the Opera, as we heard h,e was Agent for it. They told us there was not going to be any Opera that night. We had a drink and some more fellows came in, Hamilton, Carson and a few more men belonging to the "Baltimore"; as we were leaving Eeilly told us to go and get a room and stay over night before it got dark, or otherwise, for a big crowd of us to stay together, as he feared there was going to be trouble. We did not pay any attention to him. We went across the street and ordered our supper, and while we 436 RELATIONS WITH CHILE. were there, the row started outside. We did not see any of this row at all. ^ , ^ Q. You were in a restaurant? — A. Yes sir, in this Frenchman's place. He barred the doors. Q. The restaurant man did? — A. Yes sir. Greorge Panter, a coal- heaver on the " Baltimore" came to the door. I opened it and let him in. Q. That is the door of the restaurant? — A. Yes sir. He told us that boatswain's mate Riggin was lying up the street, with his guts cut out, and no one near hjm except a crowd of Chileans, so GaJlagher followed him out, and I followed him out, and a marine by the name of i^eil Boyle followed him out. Gping up the street we met this mob of Chil- eans, sailors, citizens and soldiers. As we were passing by, one of them islipped out from the sidewalk and struck me. ' Q. Had you said anything to him? — A. IsTot a word. I did not speak to any of them at all. With that, the soldiers gathered around me, and a cavalry offlcer on horseback told them to take us away somewheres. We thought they were going to send us to the ship, but they locked us up. Going towards the jail, we met a crowd of other prisoners going down there, some of our shipmates on the "Baltimore"- McBride was of the party. We were walking behind together, and he made a break to get away. At that time he was not abused very bad, but afterwards when I met him in the jail he was all cut up. Q. You were taken to jail? — ^A. Yes sir. Q. How long were you in jail? — A. About 24 hours. Q. Why did they arrest you? — A. I don't know, except that it was to keep us away from the mob. Q. Did the police treat you well? — A; Kot very well. On the way d,own, wh^n McBride got away, they got their guns against me, and rushed me right 'ahead. . There were four of them behind me. Q. What did they have on their guns? — ^A. They did not have their bayonets fixed on their- guns, Q. About what time was it, that yoii came out of that restaurant! — A., Just dusk. Q. About where was that restaurant? — A. I don't know the name ' of the street. It is about two blocks up from the dock. Q. Do you mean from the Molef — A. Yes sir. Q. That is where you were when you came out? — A. That is where this restaurant was. Q. That is the place you came out from, when you heard that Riggin had been wounded?— A. Yes sir; 1 was within about two blocks of the Shakespeare, when I met this mob. Q. Did any of the rest of the mob, make any assault on any of the other men with you?^A. No sir. Q. Did you have any knife or weapon, or any arms about you? — A. I had a small pocket-knife in my possession, that I used for cutting my tobacco. Q. What M%,s your condition as to sobriety?— A. I had had two glasses of beer. Q. Was that all?— A. Yes sir. Q. Were you sober or drunk? — A, I was sober. Q. Did you have any warning, prior to your going ashore, or after- wards, that there was to be trouble, except what Reniy told you? A. Yes sir; I heard the same story in White's, and aboard the ship, that it was rumored around that there would be trouble, but we did not pay any attention to it. . Q. Did you, at any time, express your approval to any person in Val- \ BALTIMORE INQUIRY. 437 paraiso of the action of the police on that day towarc^s the crew Of the "Baltimore"? — A. No sir; I did not say anything one way or the other. I know they did wrong. Q. Was there any charge made against you at the police station, on account of your arrest? — ^^A. No sir. Q. They did not inform you why you were arrested? — A. "No sir. (Sgd.) CoNDT Boyle. United States op America, State and Northern District of California, ss: I, James S. Manlby, a Commissioner of the Circuit Court of the Uhited States for the Northern District of California, do hereby further certify that Condy Boyle the witness whoi subscribed the foregoing deposition, was by me duly sworn; that said deposition was taken on the 9th day of January, A. D. 1892, at the Office Building of the Navy Yard at Mare Island, California; that said deposition 'was taken down in shorthand by stenographers employed for that purpose, and after- wards, by them, reduced to typewriting, and read over to the witness, and by him declared to be correct, and by him subscribed in my presence. In witness whereof, I have hereunto set my hand this 11th day of January, A. D. 1892. (Sgd.) J. S.Manley, Commissioner, United States Circuit Court, Northern District of California. DEPOSITION OF JOHN McBBiDE. Be it remembered, that at the above entitled examination, conducted by Colonel W. B. Eemey, U. S; M. C, Judge Advocate -General of the U. S. Navy, by order of the Secretary of the Navy, held at the Office Building of the Navy Yard, Mare Island, California, on the 9th day of January, 1892, before me, James S. Manley, a Commissioner of the Cir- cuit Court Of the United States for the Northern District of California, duly appointed and qualified, personally appeared John McBride, who, after being duly cautioned and sworn, did depose and say as follows, to- wit: John MoBridb, having been duly sworn, testified as follows : The JuD&E Advooate-G-enebal. — Q. What is your name, rating, and present station? — A. My name is John McBride, and I am an oiler on board the U. S. S. "Baltimore." Q. What is your age?;— A. 43. Q. Were you on board the "Baltimore" wheu the vessel was- in the harbor at Valparaiso, in October last? — A. Yes sir. Q. Did you go on liberty with other members of the crew at Valpa- raiso on the 16th day of October last?^A. Yes sir. Q. Do you know of any difficulty or disturbance which occurred on shore at Valparaiso, that day between Chilean sailors or otherfe, with the crew of the "Baltimore" who were on shore on liberty? — A. Yes sir. Q. State all the facts and circumstances witjiija your knowledge re- lating to such disturbance or difficulty. — A. I left the ''Baltimore" about one o'clock in the afternoon of the 16th of October. Q. On liberty? — A. Yes sir. As soon a"s I landed, I went up and had my money exchanged at the exchange office, and while getting the \ 438 RELATIONS WITH CHILE. change, the exchange man told me that I had better look out for myself j that there was going to be an attack made that day. John Hamilton was with me at the time, and we went down, about four doors below that, to a man named White, a saloon keeper, and he also told us, we had better house ourselves before it got too dark, that the Chileans meant to attack us that night. We stayed down there probably an hour, and went up as far as the Victoria Plaza afterwards. We were up there until about 4 or 5 o'clock. Captain Schley and Lieutenant Sebree passed us in the meantime, and we saluted them. Q. Who were the other men with you? — A. John Carson and John Hamilton were with me. Carson had some business to do d(\wn at a man's place named Eeilly. I separated from them then, and went up to the other end of the town at the Victoria Plaza. I was away proba- bly aboht an hour, and came down and could not find anyone about the Victoria Plaza. Then I started to the Mole. I met Larsen, one of the seamen on bbard the "Baltimore" on my way down. Q. About what time was this? — A. This was about 6 o'clock. I walked down 4 or 5 blocks and Larsen told me that he had busi- ness in other portions of the town, and I left him, and about 5 min- utes afterwards, there were two more of the "Baltimore's" crew came along by the name of Pfeiffer and Johnson. They told me that there was a row started down at the Mole and we had better look out for ourselves. Q. You were on the way down then? — A. Yes sir; I was looking "up some of the boys. , M'o one w&,s with me at the time, after Larsen had left me. We started down- across streets, to go in towards the water front. Q. Where were you then?— A. We were coming down from the Vic- toria Plaza. I had got about halfway down to the Mole at this time, and crossed over this cross street, the three of us together, and just turned the corner, when two policemen got hold of me, and hit me with a sword. Q. Two of them hit you with a sword?— A. Yes sir, two Chilean policemen. Q. -One of them, you mean, hit you with a sword?— A. Two of them caught hold of me, pushed me up against a building and beat me with a sword. Q. Both of them beat you with their swords?— A. Yes sir, with their sword bayonets. Q. Where did they strike you. In what part of the body ?— A. Along the arms, body and legs with it. Q. Were you resisting them at all?— A. I was not. I did not know what they meant. I did not know whether they intended to kill me or not. Q. Had you said anything to them before that?— A. No sir: I had not said anything at all. Q. What did they say to you?— A. I don't understand Spanish, and don't know what they were saying. T S'a^^^^ ^'^^ disobeying any order that they gave you?— A. No sir; I had not said a word to any one or molested any one. Q. You stopped when they came up?— A. No sir; I was going down ' across the street, at the time, and just as I turned the corner, they grabbed me and assaulted me with their sword bayonets. They finally held me there until there was another party of Chilean policemen com- ing up with some of the "Baltimore's" crew who had already been ar- BALTIMORE INQUIRY. 439 Q. You did not have any struggle with these policemen who were liolding youl Did you attempt to escape from them or break away? — A. Not at this time. Q. Why did they hold on to you? — A. I don't know. I could not find out. When this other party came up, of policeman, with some of our men who had already been arrested, I was thrown in with them. I was put alongside of a man by the name of Oondy Boyle, and they still kept beating me with their bayonets, and I wanted to know the reason why; Every time I would speak to them, I would get another whack with their bayonets. I came to the conclusion, that the best thing I could do was to breakaway, and make my escape, -and the first ■opportunity that showed up, I made my escape. Q. Prom the police'? — A. Yes sir. I was followed by mounted po- licemen. They were armed with sabers. I ran, I think, about a block and a half when I was struck on the head with a saber and knocked down. Q. By a mounted poUceman?^-A. Yes sir. In trying to protect my- self I got cut across the. wrist here. Q. By a mounted policeman's sword ? — A. Yes sir, he did that with his sabre. Q. Is that the scar on your wrist now 1 — A. Yes sir (pointing t6 the left wrist). I was cut on the right side of the head here as well. Q. Did he knock you down ? — ^A. Yes sir, and beat me while I was ■down. Q. What with ? — A. With his sword. I was black and blue all this side of my arms and legs. I was on the sick list for about four days afterwards. Q. On account of these wounds ? — A. Yes sir, and he whistled for some of the other policemen, and two of the foot policemen came up and toes' me in charge. I was marched on to the jail, and on my way to the Jail I was jabbed and pushed along. When I would not walk fast enough I was shoved along. Q. What were you jabbed with ? — ^A. With the sword bayonets. Q. Did they stick you 1 — A. Yes sir, they could prick you up pretty lively. You could feel it so as to make you start. I was then taken ■up to the Jail, and they took what money I. had. I had an English one pound, and about five doUars yi Chilean money. I was put in a cell along with a coal-heaver by the name of Lacy, and kept there I sup- pose until about midnight, and turned into a large enclosure about 30 feet square where aU hands of the "Baltimore" who had been, arrested that night, were already in. ■Q. How long did you remain there? — A. In the jail? , Q. Yes? — A. Prom about 8 o'clock that evening — ^between 8 and 9 o'clock I was arrested and put in jail, until half past 7 the following ■evening. ' Q. Where did you go then? Did you return to the ship? — A. I was released from jail, and Mr. Sears, took me down to the ship. Q. And you went on board? — ^A. Yes sir. ' Q. Did you have any arms or weapops or knives, or aiiything of that kind about you, during that time that you were on shore at Valparaiso, on liberty? — A. No, sir. Q. Did any other of the men whom you met from the " Baltimore," as stated, have any weapons of any kind? — A. No sir, not that I am aware of. ■Q. Were you in uniform all the time? — A. Yes sir. 440 GELATIONS WITH CHILE. Q, Were the other members of the crew of the " Baltimore" in uni- form? — ^A. Yes sir. Q. What was your condition as to sobriety when you were on shoret — ^A. Perfectly sober. Q, What was the condition of the other members of the ''Balti- more's" crew as to sobriety? — A, Perfectly sober. I did not see a man under the influence of drink during the time I was on shore. Q. Do you refer to the, crew of the "Baltiiaore?' only, or to others? — A. I mean the crew of the "Baltimore." Thait is d.11 1 refer to. Q. Did you, at any time in Valparaiso, to any person^ express your approval of the action of the police on that occasion? — ^A. BTo, sir. , (Sgd.) John MoBeiIjb. United States op Amekioa, State and Northern District of Galifornia ss: I, James S.Manley, a Commissioner of the Circuit Court of the TJnitea Stattes for the Northern District of California, do hereby farther certify that John McBride, the witness who subscribed the foregdilig deposi- tion, was by ihe duly sworn; that said depi)Sitl6n was takeii dn the 9th day of January, A. D. 1892, at the Oflace Building. of the 'SaVf Yard at Mare Island, CaUfOmia; that said deposition was taken down m shorthand by steiiograplifers emplo^^ed for that ptirpose, and afterwardi^ by them reduced to typewriting and read ovfer to the witness^ iind by him declared to be correct, and by him subscribed in my presence. In witness whfereOf, I have hereunto set my hand this 11th day of January^ A. D. 1892. (Sgd.) , J. S. Manlet, Gomrtiissioner, Zfnited States Circuit Go4rt, Nbrthern District of CdlifprHid. I DJEPOSITIOIir OP F. H. SMITH. Be it remembered, that at the abpve-entitled examination, condiicted by Colonel W. B, Eemey, TJ. S. M. C, Judge Advocate-General of the IJ. S. Navy, by oi-der of the Secretary of the N'avy, held at the Office iBuilding of the Navy ^ard. Mare Islanfl, California, on the 9th day of Januaiy, 1892, before me, James S. Manley, a Commissioner of the Cir- cuit Court of the United States for the Northern District of California, duly api>ointed and (JilaUfled, personally appeared F. H. Smith, who, after being duly caution.ed and sworn, did depose and say as follows, to- wit : F. H. Smith, having been duly sworn, testified as follows: The Judge Advocate-G-enebal. — Q. Stale your name, rating, and present position. — ^A. My name is Franklin HE. Smith; seaman appren- tice, first-class on the " U. S. S. Baltimore." Q. What is your age?— A. 21 next June. Q. Were yoj^ serving on board the " Baltimore " when she was in Valparatiso in October last? — A. I was. Q. Did you go on shore or on liberty with other members of the crew of the "Baltimore" at Valparaiso, on the 16th day of October last?— A. Yes sir. Q. Do you know of any difficulty or disturbance which occurred that day at Valparaiso, between any Chilean soldiers or others, and the BALTIMORE m^TJIRY. . 441 memhers of the crew of the '' Baltimore " who where on liberty there? — A. Yes sir. Q. State aU the facts and circumstances within your knowledge, re- lating to such disturbance or difficulty? — A. I went ashore about one o'clock with the rest of the liberty party. We, went up to hire horses. Five of us were in the party I went with. We hired horses and rode out to the eastern section of the city. Q. Who were the other four? — ^A. George Ryan, W. E. Holdsworth,. Benjamin R. Wilber and W. E. White. Q. Were they members of the "Baltimore's" crew? — ^A. Yes sir. Abovit 6 o'clock we turned the horses in and came down the street, toward the landing — ^the Mole, and we saw a sign on the door of a restaurant, oysters. Some one suggested we should get supper. We went into the restaurant and took a private stall. While in there we heard a crash outside. I was sitting next to the door. I got up, and stepped outside to see what the trouble was. Q. Outside on the sidewalk? — A. N"o sir, down to the door of the stall. It was immediately next the door of the sti^eet. As soon as I. got to the door, a Chilean took hold of my arm, and pulled me down in the street. Q. What was he, a Chilean sailor or soldier? — ^A. A civilian I think. Some one struck me from behind. I fell on my knees, and when I got up I was hit again. Q. Where did they hit you? — A. On the back of my head. Someone took a knife out. When I see the knife coming I dodged it, and it struck up against my head. .This was the ca,p I had on (producing). Q. It struck your cap?-r-A. Yes sir, it struck at my head, and thi» is the knife cut on the cap. I ran toward the plaza Intendencia, with the mob following me, and they struck me with rocks on my head- There are cuts on that cap from the rocks. I started to run to the Mole. I was going to try and swim to a boat to get to the ship. Q. Was the mob following you? — A. Yes sir. Q. What did the mob consist of? — A. They seem«d to be a mixture of Chilean sailors and soldiers. Q. What were you funning for ?.— A. I was trying to get away from the mob. When I was running down the street a Chilean put out hi& foot in front of me. He was coming in an opposite direction, and I went sprawling on my hands and face. When I-was down, he struck me on top of my head with something that made a terrible cut and I could not get up. I was kind of dazed then, and I just remember being-' taken into a prison or cell on the water front. Q. You were struck while you were down with something? — ^A. Ye» sir. Q. Do you mean it knocked you senseless? — ^A. It left me dazed, and all my senses left me. Q. Did you say that you found yourself in a police station after- wards? — A. Yes sir, that is where they brought me. It was a police station or private prison of some kind. Q. Who took you there? — A. One citizen and an ofiicer. He had on a uniform. Q. Did they state where they had taken you? — A. ll^o sir, they did not tell me. Q. Was it to a jail? — A. I don't believe it was a regular Jail. Q. How long were you in there ? — A. About three quarters of an hortr.. Q. Then what? — A. Then they brought me to the Central Police sta- 442 . RELATIoisrS WITH CHILE. tion. There I found Hamilton. He was lying across the main entrance. Q. Who was he? — A. Carpenter's mate on the "Baltimore". Q. What was the matter with him? — A. He seemed to be pretty badly cut up, covered with blood, lying down on the pavement; Ms head was resting on a stone step. Q Was any person looking out for him that you noticed? — A. 'So sir, there was no one there. Q. How long did you remain in jail before you got out? — ^A. The next evening. Q. Did you return to the ship? — A. Yes sir. Q. How did you get back? — A. About 30 of us was marched down in file. Q. .When you were dragged out of the restaurant, to whicli you re- ferred in your testimony, did the mob attack you then? — A. As soon as I was dragged into the street, someone struck me behind, and I fell on my knees. , Q. What with? — A. I could not tell. It was a blunt instrument. Q. Was it dark? — ^A. It was dusk. Q. Tliat restaurant was near the Mole, as I understand you? — A. Yes sir. Q. What were these men who were following you, saying?— A; They were crying out. I could distinguish "Americano". Q. How were you treated when you were under arrest, by the police? — ^A. I was very thirsty and feverish in the cell. It was very cold. I asked the guard, who yras in a little box right opposite the «ell there, for a drink of \v^ater. He put iji his hand through the bars and I gave him 50 cents and he allowed me to get a drink of water about 10 minutes afterwards. Q. Did he give it to you? — A. So sir, about 10 minutes afterwards the corporal or someone came along and opened the door, and they allowed us to get some water. About 15 minutes afber that some one wanted a match, and the guard put his hand in the bars again, and we gave him 40 cents more, and he gave us a box of matches. Q. How were you treated by the police on your way to the prison under arrest, when they had charge of you ? — ^A. I spoke to John Butler, a member of the crew of the "Baltimore". He was staggering along the street, and I had him on my arm. Q. Why was he staggering ? What was the matter with him f — ^A. He was taken with us from the private prison. I Q. What caused him to stagger? — A. He was weak from the loss of blood. Q. From his wounds? — A. Yes sir. Q. Now go ahead with your statement? — A. He said soraething to me. The guard who was with me said "Shut up, you American son- of-a-bitch," and he shoved his gun up against my face, and he said, " I will kiU you ". We did not say anything more and went along. Q. Did he do that with the butt of the musket? — A. He took his musket by the small of the stock and barrel, and shoved it up against me like that (illustrating). Q. Did 'you have any weapons or arms of any kind about you! — A. No sir. Q. Did you see any of the other members of the crew of the "Balti- more" with weapons or arms of any kind? — A. So sir. Q. Knives? — A. No sir. Q. Were you in uniform all the time? — A. Yes sir. BALTIMORE INQUIRY. 443 Q. What was your condition as to sobriety?— -A. Perfectly sober; I had not drank anything. Q. What was the condition of the other members of the crew of the ''Baltimore" whom you saw on shore that day, as to sobriety? — A. Per- fectly sober. Q. Tou did not see a drunken man among them? — A. No sir. Q. How did you get back to the ship? — A. I was released the next evening with about 20 others, and escorted by Lieutenant Sears, aboard the ship. Q. Did you at any time in Valparaiso, express to any person there, your approval of the action of the police on that occasion? — A. No sir. (Sgd.) F. H. Smith. United States op Ambeioa, State and Northern District of California^ ss. I, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of California, do hereby further certify that F:' H. Smith the witness who subscribed the foregoing dep- osition,, was byme duly sworn; that said deposition was taken on the 9th day of January, A. D. 1892, at the OfSce Building of the Navy Yard at Mare Island, California; that said deposition was taken down in shorthand by stenographers employed for that purpose, and afterwards by them reduced to' typewriting, and read over to the witness, and by him declared to be correct, and by him subscribed in my presence. In witness whereof, I have hereunto set my hand this 11th day of January, A. D. 1892. ' (Sgd.) J. S. Manley, • Commissioner, , United States Ci/reuit Court, Northern District of California. DEPOSITION OF WILLIAM E. WHITE. Be it remembered, that at the abpve-entitled examination, conducted by Colonel W. B. Eemey, U. S. M. C, Judge Advocate-General of the U S. Navy, by order of the Secretary of the Navy, held at the OfBce Build- ing of the Navy Yard, Mare Island, California, on the 9th day of Janu- ary, 1892, before me, James S. Manley, a Commissioner of the Circuit Court of the Uuited States for the Northern District of California, duly appointed and qiialifled, personally appeared William E. White, Who, aftei? being duly cautioned and sworn, did depose and say as follows, to-wit: " ' William E; White, having been duly sworn, testified as follows •" The JuD(>B Advocate-General. — Q. What is your name, rating, and present station? — A. My name is William E. White, and I am a seaman apprentice of the first-class on board of the "U. S. S. Balti- more". Q. What is your age?— A. 22. ' Q. Were you serving on the "Baltimore" when she was in Valpa- raiso, ini October last? — ^A. Yes sir. Q. Did you go on liberty with other members of the crew of the "Baltimore" in Valparaiso, in the 16th day of October last?— r-A, Yes sir. Q. Do you know of any difficulty or disturbance which occurred on shore at Yalparaiso, that day, between Chilean sailors and others, and 444 RELATIONS WITH CHILE. members of the crew of the "Baltimore", who were on liberty there that day? — A. Yes sir. Q. State all the facts and circumstances in your knowledge in relation to ^ny disturbance or difiaculty?— A. We went ashore about one o'clock, myself and four other companions belonging to the "Baltimore", and went up and hired horses. We rode round the city aU the afternoon. About a quarter to six, we turned the horses in and went down to the restaurant, and was sitting in a private stall in the restaurant; while being served we heard a crash. Smith, who was nearest to the door, jumped'up and went to the door to «ee what was the matter. Q. Smith was one of your men?— A. Yes sir. When he went out the crowd rushed past and a Chilean soldier rushed in. He had no rifle or side-arms. He struck the table with his fist. We jumped up, and the proprietor and several others took and threw him out and bolted the door. Q. What did he say when he struck the table?— A. I could not tell you. Q. You did not understand? — A. No sir. We went out on the oppo- site side of the street and we saw three policemen and a crowd of Chi- leans. They had J. Hamilton and his hat was gone and his clothes soiled, and his face aU bloody. Q. Who was he?-r-A. He was a carpenter's mate on board the "Bal- timore". Q. Where did they have him? — A. They were leading him down a street on the opposite side of the street from us. Q, He could not walk? — A. Yes sir, he was walking at the time. Q. Steadily? — A. I could not say. Q. Were they leading him? — ^A. Yes sir; then we went up the street to the Victoria Hotel. Q. Did you notice anything about Hamilton? — A. Only that his face was bloody and his clothes soiled, and he had no hat on. We went up to the Victoria Hotel, and there we saw Fredericks and C. G. Williams of the "Baltimore". We told them about it, and they went out to see who was hurt. We stopped there a^ night, and came aboard the next morning in the market boat. Q. Did you see anything more of the disturbance? — A. No sir. Q. Did you see any mob in the streets?^— A. No sir, the street we were in was entirely vacant. Q. About what time was it, when you were at dinner? — A. Between 5 minutes to six and 20 minutes after. Q, Did you have any arms or weapons about you? — A. No sir. Q. Had any of the other party who were with you? — A. No sir, not to my knowledge. Q. Were you in uniform? — A. Yes sir. Q. Were they in uniform? — A. Yes sir. Q. You did not see the crowd that dragged Smith out? — A. No sir. Q. Had you any warning prior to going ashore, or after going ashore, that there would probably be difficulty when the crew of the "Balti- more" landed? — A. After we got ashore we stopped in a restaurant, and they cautioned us not to go outside the city liftiits. Q. Who did? — A. The proprietor. He said that some one might hit us with stones. That was when we were on horseback. Q. He cautioned you not to go outside of the city limits? — A. Yes sir. Q. Why? — A. Because on the lonely roads, he said, some ohe might kuock us down with stones. BALTIMORE INQUIRY. ' 445 Q. Was that all the warning you had? — A. Yes sir. Q. What was your condition as to sobriety? — ^A. I was sober. Q. What was the condition of the other men belonging to the "Bal- timore"? — A. They were all sober. Q. Did you, at any other time, in Valparaiso, to any person there, express your approval of the action of the police on that occasion, on that day? — A. N"o sir. (Sgd.) Wm. E. White. United States op America. State and Northern District of California, ss : I, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of California, do hereby fiirther certify that William B, White the witness who subscribed the forego- ing deposition, was by me duly sworn ; that said deposition was taken on the 9th day of January, A. J). 1892, at the Office Building of the ITavy Yard at Mare Island, California; that said deposition was taken down in shorthand by stenographers employed for that purpose and afterwards by them reduced to type-writing, and read over to the witness, and by him declared to be correct, and by him subscribed in my presence. ' In witness whereof, I hd»ye hereunto set my hand this 11th day of January^ A. D. 1892. (Sgd.) J. S, Manley, Commissioner, United States Circuit Court, Northern District of California, DEPOSITION^ OF JOHN F. McADAMS. Be it remembered, that at the above-entitled examination, coaducted by Colonel W. B. Eemey, U. S. M. C, Judge Advocate-General of the U. S. Navy, by order of the Secretary of the Navy, held at the Office Building of the Navy Yard, Mare Island, California, on the 9th day of January, i8j92, befbre me, James S. Manley, a Commissioner of the Cir- cuit Court of the United States for the Northern District of California, duly appointed and qualified, personally appeared John F. McAdams, who, after beiujg duly cautioned and sworn, did depose and say as follows, to-wit: John F. McAbams, having been duly sworn, testified as follows : The JuD&B Advocate General. — Q. What is your name, rating, and present station? — A. My name is John F. McAdams, and I am a water-tender on the " U. S. S. Baltimore "- Q. What is your age? — ^A. 44, next November. Q. Were you attached to the " Baltimore", when that vessel was in Valparaiso in October last? — ^A. Yes sir. Q. Did you go on liberty with ofher members of the crew of the "Bal- timore," at Valparaiso, on the l6th day of October l^ist? — A. Yes sir. Q. Do you know of any difficulty or disturbance, which occurred on shore that day at Valparaiso, between Chilean sailors and others, and members of the crew of the "Baltimore" on liberty there? — A. Yes sir. Q. State all the facts and circumstances in your knowledge relatihg to any such disturbance or difficulty on that occasion? — ^A. Iwentasho;re about one o'clock in the afternooji with a friend of mine, A shipnia,te. We went direct up town. We did not wait to change any mon,ey. We 446 BELATIONS WITH CHILE. went to see a friend of mine, who I was going to have dinner with, a steam-fltter. He was a resident of Valparaiso, but a foreigner — a Ger- man. We went to his house and he was out. He has maraed a Ghi- lano woman. She knew me, and told me that Carl was out but she ex- pected him home pretty soon. We went out and walked round up near the Yina Del Mar station, and walked round tliat way, and we hap- pened to meet this friend of mine, and went back to his house, and had some refreshmehts there. We came out again, and came down as far as the Victoria Plaza, and this shipmate of mine wanted to go to bed. He wanted to get 9. room for the night before it got too late. Q. Who was he? — A. Peter Mahony, a water-tender. So, I asked this iriend of mine, where we would get a good place to stop. I thought it would be better to get a room before it would be all crowded up. He brought us up about three blocks further north, above the Victoria Plaza. There was only one room there, and he took it. Q. Who did? — ^A. This shipmate of mine, Mahony. Q. Go ahead with your statement? — A. This friend of mine brought me back to the Victoria Plaza. We went through the Plaza over to the other corner, and went into a restaurant or hotel. There are two doors going in. He went in on one side, and I was going in the other. A policeman standing at the comer, stopped me. Q. This was at the Plaza Victoria? — A. ^cs sir, right at the corner. As soon as he did that, this friend of mine came out on the other side, and he went in between him and me and spoke to him in Spanish, to ask him,, as he told me afterwards, what was the cause of the arrest. As he did that, a policeman ran over from the other side of the street, and pulled out his sidearms or sword to attack me with. A gentleman was coming up the street— -it appeared he had been following us up — a Scotchnfan I believe he was, by his accent. He stopped this police- man and said that he would go up to the central station; that he was acquainted with the commanding officer. He went up with us to the station. Q. What time was it, that this policeman accosted you there? — A. About,- half past 8, when I got in the station-house. ' Q. How long did it take you to get from that place to the station- house? — A. About three blocks, I should say. We went up there, and he shook hands with the commanding officer. He talked to him for a good while, and I was put in a kind of a guard-room on the other side, just opposite the office. This friend of mine went with me. He said " I will stay with you, until you get out, because you don't understand the language." Before this gentleman went away, he came over and said " It is all right, McAdams, I guess you will get out, 1 spoke to the commanding officer about you, and said I knew you were all right; that you were iu no trouble and no flght with any one." I did not see any prospects of getting out. This friend of mine spoke about it. In the meantime, when I went in there, first, Hamilton was lying there on a slab. Q. What Hamilton? — A. A carpepter on board the "Baltimore." I did not know he was hurt at the time. I looked at him and thought he might have been asleep. About half an hour after I was in, I heard him moan. I got hold of his leg and pulled him down to the light, where I could see him. I picked him up and held him before an electric light on a post about as high as my head. I looked at his head, and I thought he was dying. He was pale and insensible, and must have been all the time I was there. Q. Was any one looking out for him at all? — A. }:fo sir. * BALTIMORE INQUIRY. 447 Q. Was lie bleeding? — A. Yes sir, he was covered with blood. Q. Did he know you? — A. No sir. , Q. He was not conscious? — A. He was unconscious all the time I was in there. I told Carl to call the ofificer of the guard to get a sur- geon, that this shipnfiate of mine was dying, or was already dead. He called the corporal of the guard, — he was sitting on a chair outside the dopr— and told him what 1 had told him to say. He went pver to the commanding officer and told hira something. Aftefr awhile the ca^^in of police came oyer and he could talk a little English. He asked me what was the matter. I told him a man was hurt prejity badly, and I supposed he was dead. There was not a moan out of Hamilton then. I CQuld do nothing for him, and Jack Talbot came in with his clothes all cut upi . Q. Who is Jack Talbpt?— A. One of my shipmates on the "Balti- more." ^Q. Was he arrested too?— A. T^s sir^ He came in there and his. shirt was cut off his back. I asked him what was the matter with hirat He said there had been some trouble down the street, and he was cut up by some Chileans. I looked at his back and he was cut about that ■long across the shoulder blade; about 3 J inches long; it laid right open. I told him to sit over in the corner and keep out of the cold. He said he did not feel very bad with it, but I thought it was a pretty bad cut. Q. Did anything else occur there, while you were there? — A. No, sir;, only that I got Talbot and Hamilton taken out of there. Q. For better care? — A. Yes sir. Q. What did they do with them? — A. The captain said he would, send them to the hospital. Talbot they took out and put in the cell with the other prisoners. I saw him afterward when I went to the^ water closet. Q. How long were you in there? — A. Until half past 11 that night. Q. Then they let you out? — A. Yes sir. Q. What did you do then?^— A. I went to a hotel. Q. Did they tell you why you were arrested? — A. I could hot under- stand. They told my friend they were arresting all the "Baltimore's"" men that tliey found. Q. When you were arrested near the Plaza Victoria, when the police- man came up and drew his sabre on you, were you attempting to resist the other poUceman who was there? — A. No sir; I was standing there- difmb. Q. Had you offered any resistance? — A. No sir. Q. Had you said anything to the man, or made any motion towards him? — A. No sir; I looked at this friend of mine and asked him what it was about. Q. Did you understand why he attacked you, with his sword? — A. He was drunk for one thing — the second man that came across the^ street could hardly stand up. Q. Was he a policeman dressed in police uniform? — A. Yes sir. Q. What color?— A. Blue. Q. That is all you saw of the disturbance? — A." That is all. Q, Had you any weapon or knife or arms of any kind, about you? — A. No sir. Q. Had this other man who was with you? — A. Not that I know of.. Q. Had Mahony any?-^A. No sir; he was not around there anyhow. He was in bed. 448 RELATIONS WITH CHILE, ' Q. Were you in uniform^ at the time this policeman attempted to strike you?— A. Yes sir. Just as I am now. ,Q. He di(i not hit you with his bayonet? — A. No sir. Q. You were not struck at all? — A. No sir. SDid you have any warning from anyone, that there might be dif- tyon shorethatday,if the "Baltimore's" men were on shore?— A. No warning, any more than this man's wife told him, so he told me, when he (iame out— she was a Chilean woman, and she was talking Spanish to him when he was leaving the house, and she told him not to stay out after dark, and he told me, he thought there was going to be trouble. Q. What was your condition, and that of Mahony, as to sobriety?— A. The same as it is now. I had not taken anything for 3 or 4 months before that. Q. You had not -taken anything to drink! — A. No sir. . Q. Then you were perfectly sober? — A. Yes sir. Q. How about Mahony?— A. He was aU right. He drank some beer, but he was sober. Q. When,andhowdidyoureturntothe"Baltimore"?— A, Iwentback in the morning, with the rest of the liberty party. Q. In the ship's boat? — A. Yes sir, with the offtcers. Q. Did you at any time in Valparaiso, to any person, express your approval of the action of the police, on that occasion? — A. No sir. (Sgd.) John F. McAbams. United States of Ambeica, State and Northern District of Calif prnia, ss. I, James S. Maijley, a Commissioner of the Circuit Court of the United States for the Northern District of California, do hereby farther certify that John F, McAdams the witness who subscribed the fore- going deposition, was by me duly sworn; that said deposition waa taken on the 9th day of January, 1892, at the Office Building of the Navy Yard at Mare Island, California; that said deposition was taken down in shorthand by stenographers employed for that purpose, and afterwards reduced by them to typewriting, and read over to the wit- ness, and by him declared to be correct, and by him subscribed in my presence. In witness whereof I have hereunto set my hand this 11th day of January, A, D., 1892. (Sgd.) J. S.,Manley, Commissioner, United States Circuit Court, Northern District of California. DEPOSITION OF WILLIAM LACEY. Be^ it remembered, that at the above-entitled examination, con- ducted by Colonel W. B. Eemey, U. S. M. C, Judge Advocate-Gen- eral of the U. S. Navy, by order of the Secretary of the Navy, held at the Office Building of the Navy Yard, Mare Island, California, on the 9th day of January, 1892, before me, James S. Manley, a Commis- sioner of the Circuit Court of the United States for the Northern Dis- trict of California, duly appointed and qualified, personally appeared' William Lacey, who after being duly cautioned and sworn, did de- pose and say as foUows, to- wit : — William Lacey, having been duly sworn, testified as follows: The Judge Advocate-Genbbal. — Q. State your name, rating, and , BALTIMOEE INQUIRY. 449 present Station. — A. My name is William Lacey ; I am a coal-heaver on the TJ. S. S. " Baltimore". Q. What is your age? — ^A. I am 29 yearfe old. Q. Were you attached to the U..8. 8, "Baltimofe" when she was in Valparaiso in October last? — A. Yes sir. Q. Did you go on shore on liberty from that vessel in Valparaiso with other members of the crew of the "Baltimore" on the 16th of Oc- tober lasfJ-^A. Yes sir. Q. Do you know of any difftculty or disturbance that occurred on shore there at Valpsiraiso there that day, between Chilean sailors or others, and members of the crew of the "Baltimore," who were on leave? — A. Yes sir. Q- State all the facts and circumstances within your knowledge, re- lating to any such diflculty or disturbance? — A. I went on shore about one o'clock in the afternoon of the 16th of October last, with the other members of the crew. I was in company with Clifford and CaulfleM, two marines of the " Baltimore". Wie went into Eiley's saloon and Mrs. EUey warned ns that there was an aifback meditated on us during the evening. Q. Attack meditated on you by who? — A. By the Chileans. And she told us to find safe quarters, if we could, after dark. We said we would; but we didn't think we would be attacked or^nterfered with before it got dark. We went into another house and had a few drinks, and coming out we were told that there was a row down on the iJole. ' Q. What were you men drinking then ? — A. We were drinking beer, sir. We were told that there was a row down on the Mole between Chileans and our men, and thatall the Chileans wereattacking our men, and every person connected with our ship that they could find. , Q. In different parts of the City? — A. Wherever they could find them. Q. In the city? — A. Yes sir. , One man told us he would show us the way down so as to help our fellows out, but that we had not better go down that way, because there were some people had seen us coming : out, and were waiting for us on the corner. Q. What kind of fellows? — A. Chileans, waiting for us. Q. What did you understand that they were waiting for you for? — A. To attack us. We turned back with this man, and we had not pro- ceeded far on our way when there were some Chilean sailors and Chil- ean citizens as weU started yelling at us. Q. What did they say? — A. They were yelling something in Spanish; I didn't understand what it was. We tried to get away. We knew that there was a row meditated, and we tried to get away from theirl, and prevent it. Then there was a shower of cobblestones came from these Chileans. Q. How many people were there? — ^A. There was a street fall. I was kind of excited at the time by the cobblestones thrown at us. I was struck in the back of the head and knocked down. 'Q. By a cobblestone?— ^A. Yes sir, by a cobblestone from this Chilean mob. Then I picked myself up and ran, and got into a clothing store. And as I was going 'in there was a man of war's man jumped at me with a knife. Q. What kind of a man of war's man? — A. A Chilean man of warjs man. Q. Had you seen him before? — ^A. 'No sir; I had never seen him before. I threw up my elbow to ward off the blow,, and he stabbed me through the elbow. 29 450 RELATIONS WITH CHILE. Q. What ^kind of a knife was it that he had'?— A. At the time I couldn't say; it was a sheath knife or something like that. And the crowd all gathered outside of the door. Q. Was this man in the Chilean unifofm?— A. Yes sir. The crowd gathered outside of the door. And an American, who I had been ■speaking to during the early part of the day sung out from the door that I was in a .tight fix; and I said I was; and he told me that if I would hold the crowd off for a few minutes, that he would go and get the police, that that was my only safeguard. He got the police, and they came and put the nippers on me and took me to the lockup. When we got to the lock-up, as soon as I went into the prison gates I «aw Hatoilton ; he was lying face down opposite the officer's office. He was moAning, and seemed to be in great pain. He was putting his hand on his side, and pressing it. They locked me up. Q. Did you see any blood on Hamilton? — A. I saw blood on the back ■of his head. That was the only place I could see any blood. It was dark,. 1 was locked up in a cell, with McBride; and I didn't see any- thing afterwards. I heard Hamilton was taken to the hospital. Q. How long did you remain in the prison? — A. I remained there until eight o'clock the next evening. Q. Why did^thipy arrest you? — A. I haven't got the slightest idea, but that it was for protection, unless it was for protection. Q*How were you treated by the police while you were under arrest? — A. They didn't interfere personally with us; but they stood outside the bars, and drew theit fingers across their throats. Q. Who; the police? — A. Yes sir. ' They said something in Spanish, that I didn't understand. , Q. Did they put the nippers on you when they arrested you? — ^A. Yes sir. Q. Did they allow you to walk along with the nippers on ? — A. Yes sir; there was about eight of them armed with rifles. Q. How were they dressed? — A. In blue clothing; blue pants, coats and hats. Q. And they were armed with rifles ? — A. Yes sir ; they were armed with rifles. Q. Do you know where Riley's place is; what street it is on. — A. I am not exactly sure whether it is named Ship Street or uot, sir. I think some of the men call it Ship Street. It is close to Ship Street anyhow. Q, WiU you state about where yoil were when this assault was made upon you by the mob ? — A. Well, as I discovered afterwards, it was about, I should say, five or six hundred yards away, going towards the right side of the Oit^r, from the Victoria Hotel. The Victoria hotel comes down there, because Clifford and Caulfleld told me afterwards they had got an entrance in there. Q. Do you know where Riggtn was shot? — A. Ko sir; I was not in that row. Q. You don't know now where he was shot? — A. No sir; I he£ird afterwards that he was shot in the square. Q; Were you badly hurt in this trouble? — A. I had my head cut open, sir ; and I was stabbed. And even to the present time, I feel the effects of that stab in my arm. There is a tendon or something hurt ihside of it. Q. Did you say anything to these people, make any threats or any- thing of that kind? — A. No sir, I did not. In fact, if I had done so, they would not have understood me. BALTIMORE INQUIRY. 451 I Q. How did you get back to the "Baltimore??' — A. I was marclied back bj Mj?. Sears. Q. The next evening? — A. Yes sir. Q. After yotr were released % — A. Yes sir. Q. Had you any arms, weapons, knife, or ahj^hing of the kind when you went ashore that day? — A. Ko sir. ' Q. Were you in uniform all the tinle'? — A. Yes sir. Q. What was your condition as to sobriety ? — A. 1 was perfectly sober ; as sober as I am now, sir. Q. What was the condition of the other members of the crew of the "Baltitoore,"when you saw them during that day on shore, as to so- briety ? — ^A. They were all sober, sir. ; Q. Did you at any time in Valparaiso, to any person, express your approval ot the action of the police on that occasion?— A. No sir, I did not. (Sgd.) Wm. Lacey. United States op Amekioa, Mate and Iforthern District of California, ss. ' I. i^amcs S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of California, do hereby further certify that William Lacey, the witness who subscribed the forgoing dep- osition, was by me duly sworn; that said deposition was taken on the 9th. day of January, A. D. 1892,- at the Oface Building of the Navy Yard at Mare Island; that said deposition was taken down in shorthand by stenographers employed for that purpose, and afterwards by them re- duced to type- writing, and read over to the Witness, and by him declared to be correct, and by him subscribed in my presence. In witness whereof, I have hereunto set iny hand this 11th day> of January, A. D. 1892. , i' (Sgd.) / ' , J. S. Manley, Commissioner, United States Circuit Cowt, Northern District of California. DEPOSITIOjir OF PETEE JOHNSON. Be it remembered, that at the above-entitled examination, conducted by Colonel' W. B. Eemey, U. S. M. C, Judge Advocate-General Of the U. S. Navy, by order of the Secretary of .the Navy, held at the Ofiftce Building of the Navy Yard, Mare Island, California, on the 9th. day of Jafluary, 1892, before me, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of Cali- fcfrnia, duly appointed and qualified, personally appeared Peter John- son, who, after being duly cautioned and sworn, did depdse and say as follows, to-trit: ' PjfcTEE Johnson, hating been duly sworn, ^testified as follows : ' The Judge Advocate-Gbnebal. — Q. State your name, rating and present station. — A. Peter Johnson; I am gunner's mate on the "U. S. S. Baltimore." Q. What is your age? — A. My age is 29 years. Q. Were you attached to the "Baltimore" when she was in Valpa- raiso in October last? — A. Yes sir. Q, You were attached to the ship at that time? — A. Yes sir. Q. Did you go oh Mberty with other members of the crew of the "Bal- timore" at Valparaiso, on the i6thday of October last? — A. Yes sir. 452 RELATIONS WITH CHILE. Q. Do you know of any dMculty or disturbance which occurred on shore that day at Valparaiso, between any ChUean sailors or others and the members of the crew of the "Baltimore" who were on liberty? — ^A. Yes sir. Q. State all the facts and circumstances within your knowledge, re- lating to such disturbance or difficulty? — A. I went on shore about one o'clock in the afternoon on liberty; and I went up town, in the north- western part of the city. Q. Towards the Plaza Victoria? — A. I don't know exactly what Plaza it was. Q. Which way did you turn when you landed? — ^A. I turned to the left. Q, Then it is the southeastern part? — A. Yes sir. Q. Up towards the Plaza Victoria? — A. Yes sir. I was up that way untU five o'clock, about, and I came down about six or quarter past six. I can't exactly give the time. I saw Hamilton lying on the street, and I walked towards him, and there was a crowd of poUcemen around him. Q. You saw Hamilton lying in the street? — ^A. Yes sir; there was a crowd of policemen around him; and I went and I asked one of lihem if I could take Hamilton on board ship, or take him to an apothecary shop. And they didn't understand what I said. And one of them hauled out a sword bayonet and made a motion to stab me. Q. Who did? — A. The policeman did. And I walked away, and there were some Chilean citizens around there, and there were Euro- peans too; and there was one of them that could speak English; and! asked him to ask the policemen if I could take Hamilton away from there. And he spoke to the policeman, and the policeman told him to tell me if I didn't walk away and go about my business, he would do the same thing to me. ' Q. What did he mean? — ^A. I don't know what he me^t. He meant he would lock me up, I expect. I walked away, and walked further down towards the wharf or landing. Q. What position was Hamilton in when you saw him ? — A. He was lying on his face. He was all full of blood, lying in the street. Q. Was there anything under him? — A. No sir; there was nothing under him. Q. Go ahead. — ^A. So I walked down, and there was a crowd of policemen there coming along, and passed me ; and I walked along, and one of them came up and pointed his revolver in my face and said "Americano." Q, You say a policeman came up and put his revolver in your face? — A. Yes sir; and he said "Americano," and something else; but I didn't understand what he said. . Q. He said it in Spanish? — A. Yes sir. ' Q. And you don't speak Spanish?— A. No sir. He arrested me and took me to the station house. When I got to the station house, I saw Hamilton lying on the doorstep. Q. He had l^een taken there in the meantime, you mean? — A. Yes sir. Q. How did this policeman treat you on the way to the station house? — A. Well, he treated me all right. He didn't say anything to me. I was sober, and they could not very well say anything to me. Q. Did any of the crowd say anything to you as they walked along? — A. No sir, I didn't see any crowd at all then. It was pretty dark then. Q. What time was it? — ^A. It was about half past six. BALTIMORE INQUIRY. 453 Q. When a policeman arrested you, and when you saw Hamilton in the street? — A. It was about a quarter to six then. It was just a little after I saw Hamilton in the street, thfkt I was arijested. Q. Do you know where it was that you saw Hamilton? — A. 'No sir; I can't tell where it was. Q. Which part of the town was it? — A. It was a little up above the landing, to the right there were big houses. Q. The ship laid there, (showing on diagram) ; and there is th~e Mole, and when you went up to the Plaza Victoria, you went up to the left? — A. Yes sir. Q. And when you came down you crossed there in tlds direction, (showing), where you saw Hariiilton? — A. Yes sir; I believe it was somewhere around there. ' Q. Then i.t was in the northwestern part of the town ? — A. Yes sir. Q. Is that what you mean? — A. Yes sir; the northwestern part of the town. Q. Did you see any other dif&culties there that day? — A. Ho sir;* I 'didn't see anything else. Cjj. How long did you remain in the prison? — ^A, I remained there from that night until Saturday night. Friday night I was locked up, and they let us out Saturday night. Q. Did you then return to jbhe ship?— A. Yes sir, I returned to the ship then. Q. Were you in uniform afl this time? — A. Yes sir. Mr. Sears took us out of Jail. Q. Did you have any knife, arms or anjrthing of that kind about you? — A. No sir. \ ' > Q. Did you see any other members of the crew of the "Baltimore" have any weapons of any kind while they were on shore there ?—rA. No sir. Q. Did you have any warning that there was going to be any difB- culty on shore there?— A. Yes sir; I had warning that they were going to attack us. Q. From whom? — A. A little after I came ashore, there was a European there by some store, who told me, "you had better look out for yourself". Q. Where did you meet him? — A. I met him a little above that square; that money exchange. . Q. Was that the man that, told you, the money broker? — A. Ko sir; not the money man. It was another man on the street. I believe he was a Swede. Q. Spoke English? — A. Yes sir; he spoke English. Q. What did he say to you^ — A. He 'said, " You fellows hadTbetter look out for yourselves, or there might be some trouble between you and the Chileans". He said the Chilians were laying for us. Q, Did he know you belonged to the," Baltimore"? — A. Yes sir; he knew I belonged to the "Baltimore"; I had on the uniform. But I didn't take any notice of him. I walked off uptown. Q. What was your condition as to sobriety all the time you were on shore there? — A. I was sober all the time, sir. Q. Did you see any of the crew of the " Baltimore " under the influ- ence of liquor there that day? — A. No sir; every one I saw was sober. Q. Every one of them? — A. Yes sir. Q. Did you at any time in Valparaiso to any person express your ap- proval of the action of the police there on that occasion? — A. ITo sir. (Sgd.) Peter Johnson. 454 eelations with chile. United States of Ameeioa, State and, Northern District of California, ss: 1, James S. Mauley, a. Commissioner of the Circuit Court of the United States for the Northern District of California, (Jo hereby further certify that Peter Johnson, the witness who subscribed the foregoing deposi- tion, was by me duly sworn j that said deposition was taken on the 9th. day of January, A. D. 1892, at the Office Building of the Navy Yard at Mare Island; that said deposition was taken down in shorthand by stenographers employed for tbat purpose, and afterwards by them re- duced to type-writing, and read over to the witness, and by him de- clared to lie corrept, and by him subscribed in my presence. , Iq. witness whereof, I have hereunto set my hand this 11th. day of January, A. D. 1892. (Sgd.) J. S. Manlbt, Commissioner, United States Circuit Court, Northern District of California. DEPOSITION OP FBANK BOESTEL. Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Eemey, U. 8. M. C, Judge Advocate-General of the U. S. Navy, by order of the Secretary of the Navy, held at the 'Ofice Building of the Navy Yard, Mare Island, California,- on the 9th day of January, 1892, before me, Ja,mes S. Manley, a Commissioner of the Cir- cuit Court of the United States for the Northern District of CaUfomia, duly appointed and qualified, personally appeared Frank Borstel, who, after. being duly cautioned and sworn, did depose and say as follows! to-wit : Fkank BpESTEL, haying been duly sworn, testified as follows: The JUBGE Advocate-Gbnerai..— Q. What is your name, rating, and present station?— A. My name is Frank Borstel; I am seaman ap- prentice, first class; stationed on board the U. S. S. "Baltimore". Q. What is your age?— A. I will be 21 next October, sir. Q. Were you serving on board the U. S. S. "Baltimore", when that vessel was in Valpara,iso, Chile, in October last?— A. Yes sir. Q. Did you go on shore on liberty with other member of the crew of the " B,altimore " at Valparaiso, on the 16th dav of October last ?— A. Yes sir. Q. Do you know of any difificulty or disturbance occurring on shore there at Valparaiso that day, between Chilean sailors, or others, and memtjers of the cre^v of the "Baltimore "'who were on liberty?— A. No sir; I didn't see any trouble. But just as soon as I landed, I went up the Mole, and a man spoke to me, a s1;ranger to me. Q. On the Mole?— A. Yes, sir; right on the mole. Q. You say a stra,nger spoke to you?— A. Yes sir; he said it would be best for you to stop aboard. I sfiid, "How is that"? He said, '< There is going to be some trouble here." I said, " I don't suppose they will interfere with us if we keep to ourselves"; and he said, " Yes. I have heard them talking about laying for the American blue jackets." Q. Who was this man?— A. He was a stranger to me. He seemed to be a European. Q. He spoke English?— A. Yes sir; he spoke English. He said they were laying for us. BALTIMORE INQUIRY, 455 Q. Laying for who? Who did lie ©ean'? — A. He meant tliat tlie Oliileaps were laying for us, ' Q. And on ttat account be advised you not to go a,sliore1-— A. Yes sir. Q. Who w^re with you? — A. There was McElwaine and Paug. Q. Go oii,,-^A. I went ashore, and I went iip to a place — I don't know the name of the street; and the three of us got horses there and went out riding; ancl we came back about five o'clock; and we had some supper. We came back about five o'clock from the horseback ride, and we had some supper; and we met McBride up town. Q. Who is McBride? — A. He is a fireman or oiler on thp" Baltimore." We met McBride of the "Baltimpre" up there, and he told us he was going down town; and I told hinj not to go; I told him I heard there was going, to be some trouble. - Q. What part of town w^re you iu then?-^A. Up above the Plaz^ Victoria. We walked down a way,. and he said he was going to the Mole; he didn't think anything would happen. , Q. Did you go? — A. ^o sir; I went up tpwu, and went and had a game of billiards up there, and stayed ther6 all night. Q. When did you return to the ship ? — A. I returned to the ship the next day. Q. You didn't see any disturbance or tighting? — A. ISTo sir. The morning I came down there, before I came aboard, I was all alone. The other fellows had left me then, Q. That was the next morning? — A. Yes sir. The next morning be- fore I went aiboard the ship, I met a gang of Chileans. Q. What did they do ? — A. I wa^ having my shoes shined, and there was a gang of Chileans came up to me, and asked me if I was an American. Q. Were you in uniform? — A. Yes sir. Q. Were you in your uniform all the day before? — A. Yes sir. Q. What did you say to.theni when they asked you that 'J — A. I didn't answer them. They looked at me a little while, and thej walked away. Q. That is all that happened there? — A. Yes sir. Q. You returned to the ship?-^A. Yes sir. i Q. Did you have any arms, knives or anything of that kind about you? — A. No sir. Q. Did the other members of the erew of the «' Baltimore" to your knowledge, have any arms or weapons of any kind? — A. No sir. Qi Were they all in uniform? — A. Yes sir; they were all in uniform. Q. What was yoUr condition as to sobriety that ds^ during the time you were ashore ?.^A. I am not a drinking man. I have not been down for drinking yet. Q. What was your condition that day, as to sobriefby? — A. I was sober. Q. What was the condition of the others? — A. They were all sober, Q, Did you at any time in Valparaiso, to any person there, express your approval of the action of the police there on that occasion? — A. No sir. (Sgd.) Frank Bobstel. . TJniteb States oe America, State and Wortkern District of California, ss; I, James S. Manley, a Coinmigsioner of the Circuit Court of the United States for the Northern District of California, do hereby farther*, certify 456 RELATIONS WITH CHILE. that Prank Borstel, the witness who subscribed the foregoing deposi- tion, was by me duly sworn; that said deposition was taken on the 9th day of January, A. D. 1892, at the OflBce Building of the Navy Yard at Mare Island; that said deposition was taken down in shorthand by ste- nographers employed for that purposej and afterwards by them reduced to typewriting, and read over to the witness, and by him declared to be correct, and by him subscribed in my presence. In witness whereof, I have hereunto set my hand this 11th day of January, A. D. 1892. (Sgd.) J- 8. Manlet, Commissioner, United States Circuit Court, WortherrKDistriht of California. DEPOSITION OP WILLIAM CAULFIELD. Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Eemey, U. S. M. 0., Judge Advocate-General of the TJ. S. Navy, by order of the Secretary of the Navy, held at the OflSce Building of the Navy Yard, Mare Island, California, on the 9th day of January, 1892, before me, James S. Manley, a Commissioner of the Cir- cuit Court of the United States for the Northern District of California, duly appointed and qualified, personally appeared William Caulfleld, who, after being duly cautioned and sworn, did depose and s&y as foUows, towit : ' William Oaulfibld, having-bfeen duly sworn, testified as follows: The Judge ADVOCATE-GrENEKALi — Q. What is your name, rating, and present station? — ^A. My name is William Caufleld; I am a private marine, stationed on the "U. S. S. Baltimore." Q. What is your age? — A. I am 24 years of age, sir. Q. Were you attached to the U. S.S. "Baltimore" in October last, when that vessel was at Valparaiso, Chile? — A. Yes sir. Q. Did. you go on shore on liberty with other members of the crew of the "Baltimore" at Valparaiso, on the 16th day of October last? — A. , Yes sir. Q. Do you know of any diiSculty or disturbance occurring on shore that -day at Valparaiso, between Chilean sailors or others, and mem- bers of the crew of the "Baltimore" who were on liberty? — A. Not until I got wounded myself. Q. Do you know of any difficulty? — A. Yes sir; I was wounded myself. V Q. Now state all the facts and circumstances mthin your knowledge, relating to any such difficulty or disturbance that occurred there. Just state what you know? — A. Well, sir, I was in a saloon; myself and Lacey and Clifford. Q. What time did you go ashore? — A. I ^\«nt ashore at one o'clock, sir. I arrived on the landing about half past one o'clock in the after- noon of the 16th of October last. We were up in a saloon by the name of Eiley's. Q. Up at Eiley's saloon? — A. Yes sir; we were there, to the best of my recollection, about half an hour or so. We left there, and we went away from there about four hundred yards, up to a place that is at the back — as far as I can recollect, there was a house by the name of " The Home of the Pree." We were in at the back of that house. We were in there taking a drink; and Lacey and Clifford went out to the back yard. BAJLTIMORE INQUIET. ■ 457 Q. What were you drinking?— A. I had a glass of beer in front of me. The other two didn't drink anything at this time. Q. They were out in the yardf— A. Yes Sir; and I yas standing at the counter waiting until they came in. I heard some racket outside, and I didn't kno-?5^ who it was with. I rushed to the door, and I saw two of our men, and the mob were after firing stones at them. I don't know whether they got struck or not. Q. Who were firing stones at them? — A. The Chileans were. Q. The Chilean? were firing stones at two of your men? — ^A. Of our fellows. And one of them stooped ;\ one of our fellows^ did, and I thought he got struck. That was Talbot. He ran away. Q. This was oiit in front of the saloon, was it? — A. Yes sir; this was right in front of the saloon that I wa§ in. Q. Do you know the name of the saloon? — A. H'o sir, I don't know the name of the saloon. . Q. Was it the "True Blue"? -A. I don't know whether it was or not. I am hot sure what the name ol the Saloon was. * ' • Q. Go on. Do you think it was Talbot who was runping away? — A. Yes sir. It was Talbot. Q. Were the Chileans pursuing him? — A. Yes sir. Q. What were they doing? — A. They were firing stones ^fter hira. Q. How many of them were there? — A. To the best of my knowleidge there was about thirty of them at this tiine. Q. Where was the other man? Did you seethe other man? — A. The I other man was drinking. He waS running also; both of them were running. Q. Which way were they running? — A. They were running down towards Eiley's, where we were after coming from; down the street. I went in, and I told the proprietor of the house that there was a row out there between some of our fellows and the Chileans. Q. Have you any idea what time that was ? — A. I think that was between three and four o'clock. We were about two hours ashore then. Q. You are not sure about the time? — A. I am not sure about the time, sir. Q. Go on. — ^A. Well, I went in and I told Cliiford and Lacey that there was a row outside, and I says, " We had better stay here". Q. You told Clifford and Lacey that. Did they belong to the " Bal- timore"? — ^A. They belong to the "Baltimore." One of them is a marine. They looked at me; and I says, "there fs no use in us going. We may get hurt." And we turned back, and went upstairs over this saloon. Q. This was in Riley's saloon?— A. lyTo sir; I don't know what the name of this man's saloon was. He was an Englishman. I had never been ther,e before. We went upstairs, and we stayed in the room for about half an hour, or a little over. The three of us were standing there, and thinking of how we would get out; and this man came up and told us what the crowd wpre doing. There was a whole crowd out- side then. Q. Were they making any noise? — A. Yes sir. Q. Were they trying to get in? — A. Yes sir. Q. What were they trying to get in for? — A. They heard some of us feUows were in there. We were not in the row at all; we just saw it from the saloon. After they had all dispersed, the three of iis went down, and we stayed in the saloon for about a minute; and the proprie- tor said, " It is. good for you fellows to skin now." Q. He said, it is good for you to do what? — A. To go away. So we 458 , RELATIONS WITH CHILE. went out, and we were about twenty yards down the street, and we met a citizen who told us for God's sake to go back; that some of our fellows were after getting hurt down there, ^pd if we went down the mob would kill us, We didn't mind him; we passed on about five yards, and we turned back with this citizen. Q. H,e spoke English, did he'?— A. Yes sir; he was either an EngUsV man or an American, i Q. Was he friendly disposed towards you?— A. Yes; he was friendly towards us. We turned back with him, and we went around another street; and we had not goue a hundred yards before we met a crowd, and the minute they saw us vthey commenced to holler out, "Americano, son of a bitch;" that is what they said. And they ca,me up, spitting in my face almost; and I didii't mind them. I walked on through the crowd. Aud then there was a Stoile fired, and it went right by my head ; and I didn't mind that. In a minute I looked back, and I saw L^-cey knocked down with the blow of another stone, and Clifford said, "it is better we ijan, or we will get kiUed;" and I said, "it is better for us; j/Lacey is on th^ ground." We had no chance with the crowd anyway. ' Q. Had Lacey been knocked downf — A. Yes sir; and I started to run, and I got a blow in the calf of^the leg from a stone throwu by the Chileians, Q. Were tliey following you? — A, Yes sir; just after we went through them, they turned back after us, Q. iWhat were you doing ?-^A. We were trying to escape down to the heart of the city. This was a back street. Q. This stone struck you on the calf of the leg?— A. Yes sir. Q. Did it disable you?— A, Not at the time. I was in too much of a fright. The crowd was coming along, and I didn't stop r\inning. I ran for tbree or four hundred, yards, and I ran into the Victoria Hotel; and then I felt it, and I had tp go up and go to bed. My leg com- menced swelling. Q, What was it that hit you? — A. It was a stone, sir. Q. How did Clifford come out?— A. He got out safe at that time; he was not struck then. The next day he got hurt. Q. Then where did you go?^-A, I went to the Victoria Hotel, and I stopped there all night. \ Q. When did you go aboard ship? — A. I got aboard ship the next morning, between, ten and eleveja o'clock, sir. I walked down ; it was as much as I could do. , Q. You didn't see any other diflftoulty t — A. Xo sir ; that was all I saw. Q. Were you in uniform that day? — A. Yes sir. "^ Q. W,ere the others in uniform? — A. Yes sir; the three of us were in uniform, Q, Did your uniform ?ittvact as much attention as the others, as the uniform of the sailors; do you think? — A. I guess they knew ours, as well as the sailors. Q. Were you separated from the sn llors ? — A . I was about five yards away from Clifford, to the right; Clifford was away from me. And Lacey w'as two or three yards from him. The three of us were going abreast. Q. You were never separated a greater distance- than that ^--^^ No sir. Q. You were with them when the mob approached you? — A, Yes sir; the three of us were right together. Q. The others were in unitorm, were they? — A. Yes sir. BAJLTIMOEE INQIIIKY, 459 Q. Di4 you ]ig,ve any warning prior to going ashore tiat trouble might be expected if you went ashore?— A. IsTo sir. ' Q. What was your conditioii as to sobriety on that occasion?— A. I ■was as sober as I am now, sir. Q. What was the condition of the other two as to sobriety '?-^a. They were sober, sir ; the three of us were sober.' We had about three drinks each J that was as qiuch as we had. Q. What was it that you were drinking? — A. A]l beer. I drink nothing else. Q. Had you any arms or weapons of any kind about you? — A. Jfo weapons of any kind, sir. ' Q. Had any of the others any weapons of any kind, to your knowl- edge?— A. Ifo sir; not to my knowledge! Q. Did you at any time at Va/lparai^o, to any person, express your approval of the action of the police tl^ere on that occasion ?— rA. 'So sir. (Sgd.) William Gavi,ftei,t). Fnitep Stater o:p Amerkpa, StOfte istrict of California ss: I, James S. Mauley, a Commissioner of the Circuit Court of the United States for the Northern District of California, do hereby further certi^ that William Sullivan, the witness who subscribed' the foregoing deposi- tion, was by me duly sworn ; that said deposition was taken on the 9th day of January, A. D. 1892, at the Office Building of the Navy Yard at Mare Island; that said deposition was taken down in shorthand by stenogra- pherrf employed for that purpose, and afterwards by them reduced to typewriting, and read over to the witness, and by him declared to be correct, and by him subscribed in my presence. ' In witness whereof, I have hereunto set my hand this 11th day of January, A. D. 1892. (Sgd.) J. s. Manley, Commissioner, United States Circuit Court, Northern District of California. BALTIMOBE INQUIRY. 473 DEPOSITION OF CHARLES B. SEMPEE. Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Remey, U. S; M. C, Judge Advocate-General of the U. S. Nayy, by order of the Secretary of the Ifayy, held at the Office Building of the Navy Tard, Mare Island, California, on the 9th day of January, 1892, before me, James S. Manley, a Commissioner of the Cir- cuit Court of the United States for the Northern District of California, duly appointed and qualified, personally appeared Charles B. Semper, who, after being duly cautioned and sworn, did depose and say as fol- lows, to- wit: Chaeles B. Semper, having been duly sworn, testified as follows : The JuDaB Advocate-GtENBEAL. — Q. What is your name, rating, and present station? — A. Charles B. Semper; seaman U. S. S. "Balti- more". Q. Were you attached to the U. S. S. " Baltimore " when she was in Valparaiso, Chile in October last? — A. Tes sir. Q. What is your age? — ^A. About 25 years of age. Q. Did you go on shore on liberty with other members of the crew of the " Baltimore " in Valparaiso, Chile, on the 16th day of October last ? — A. Tes sir. Q. Do you know of any difficulties or disturbances occurring on shore there on that date between Chilean sailors or others, and members of the crew of the "Baltimore" who were on liberty there? — A. I know a little of it. Q. State all the facts and circumstances within your knowledge, relative to any such disturbances or difficulties.^ — A. .When we first went ashore, it was about one o'clock, I went to the Exchange to get some Chilean money, as I hadn't any. And from there myself and Sylvester Hodge went off to the southern end of the town. The two of us went in company, and left all the others. We stayed at that end of the town. Q. You stayed at which end of the town? — ^A. We stayed at the Bouthpm end of the town, Q, Toumean up here by the Plaza Victoria? — ^A, Tes sir; up that way, -Q, Ton say you stayed there all day? — A. Tes sir; stayed there un- til towards evening, until about half past four o'clock, or something like that; a little later probably. Hodge remarked that we would go down and see how our boys were getting on; as we understood, before we left the ship, and after we left ashore, that they were prepared to attack us. Q. Who did you understand were prepared to attack you? — ^A. The Chilean sailors were. So we went down, and going down the street, myself and him, we metvbne of the crew of the "Baltimore"; Carson,, I believe his name is, and he said, " Don't go down any further. If I was you, I would go back, because there is fighting down there." And Hodge says, " Well, you aint going to stand by and see our boys get beat up, are you"? And with that we walked a little faster. About this tioae I saw Davidson coming down, and he beckonad to us and said, " Come on, boys, they are fighting down here." , Q. He belonged to the " Baltimore"? — ^A. Tes sir; and as soon as he said that, the two of them started to run. Q, Who started to run?^— A, Davidson and Hodge started to run. 474 RELATIONS WITH CHILfi. And I was a little slow in getting up to them. Before we got down, a mob commenced to stone us. Q. Where?— A. Down towards where the general row was. Q. Where was it ? — A. Down near the water ; down towards the water, but a little below that. Q. Near the landing? — A. Down towards the Landing, but further northi" Q. Down near the Landing? — ^A. Yes sir; down near the Landing. Q. Near the Mole? — A. Tes sir. Q. Go on.— -A. Theystarted stoning us; children and men and women commenced to throw stones at us. Q. Had you said anything to them, or molested them in any way? — A. No sir. We were walking down the street without any molesta- tion of them whatever. Q. And they commenced throwing stones at you? — ^A. Yes; they com- menced throwing stones at us. Davidson was surrounded by the mob; him and Hodge. I was left behind. I was a little behind; and I could not make my way, could not get through any more, because the whole street was crowded with people. With that I turned and went around. The crowd started to run up one street, and I run up this way. And in going down I saw a lot of people standing around something; and I went down there, and I saw what I believe now was Eiggin; but at that time 1 could not recognize him on account of being excited. Q. Were the people all around him? — ^A. Yes sir; the people were all around him. He was lying in the gutter; dead, apparently. Q. You didn't recognize him then? — ^A. No sir. Q. Did this mob hurt you in any way; hit you? — ^A. I was pelted with stones, but I don't know whether I was hurt or not. • Q. You were what?— A. I was pelted with stones. Q. By the mob?— A. Yes sir. Qi What did this mob consist of? — ^A. Men women and children. Q. Were there any sailors or soldiers in the crowd? Did you notice any? — ^A. No sir; I didn't notice any of them. Q. Did you notice whether they had any arms of any kind; knives, or anything of that kind? — A. No sir; I just know they picked up stones, and commenced to throw stones. Q. Then you ran to get out of the way?— A. Yes sir; I could not fight the whole mob myself, and I thought I would meet my shipmates , around the other way. Q. Did the mob chase you around?— A. No sir; they didn't follow me. Q. Where did you bring up? Were you arrested?— A. I was arrested that night, yes sir. Q. Where? Go on and tell what occurred? Where were you ar- rested?— A. I was arrested down at the south end of the town. When I went down^ I saw a crowd standing around what I believe now, is Eiggin. While I was looking at him, some citizen told me if I didn't want to share his fate, I would go away from there. Q. Some citizen spoke to you in English and said that?— A. Yes sir; some citizens told me that. They spoke in English. Q. Was any mob around there?- A. No sir; there was no fighting there at that time. Q. They told you,' if you^ didn't go away from there, you would share the same fate? — A. Yes sir. Q. Where did you go ?— A.. I went up and took a street car, and went down to the south end of the town; and I saw Mr. Eichardson going' down; and I got off the car, and told him not to go^that way, because BALTIMORE INQUIRY. 475 if he did he would get hurt; and I succeeded in persuading him not to . go. And I took him back to the south end of the town, and that night ' Ave were arrested. , Q. Where were you? — A. TTp to the south end of town. Q. IJp towards the Plaza Victoria?— A. Down that way, but further up. Q. What were you doing when you were arrested? — A. I was in a little shop, a liquor shop. Q. Was aqy trouble or fighting there? — A. No sir. Q. Why were you arrested? — A. I objected to going with the jlohce- man, and he said it was his orders from the Intendente to arrest all the "Baltimore" sailors that he found on the street that night. Q. How did he arrest you? What did he do when he arrested you? — A. He simply came there and said, "Come on with me"; and he took us to the police station. Q. You did not resist? — ^A. ZS^o sir; not after he explained it to us. Q. How did he tTeat you? — ^A. Oh, he treated us civilly. He put us in the lockup. The windows there were all open, and it was very cold. We came near freezing. Q. How long did you stay there? — ^A. From ten o'clock that night, until half past five the next morning, Q. Then they let you oi^t? — A. Tes, sir. Q. Then you went aboard the ship? — ^A. Yes sir. Q. Did you see any more trouble? — ^A. lifo sir. Q. Did you have any knives, weapons^ or anything of that kind about > you, that day?— A. I had a small penknife. Q. Did any other members of the crew of the " Baltimore " that you saAv have any knives, weapons or arms about them that day? — A. Not that I know of. Q. You and all the others of this party that were with you were in uniform all the time? — A. Yes sir. Q. What was the warning you had before you went ashore? As I understand you, you had a warning before you went ashore-, that some- thing might happen ? — A. We were told that the Chileans were going to a§;ack us in case any of the " Baltimore " sailors went ashore. Q. When were you told that? — A. We were told that before we went ashore. Q. How long befdre you went ashore were you told that?^-A. Just before we went ashore. Q. Who told you so? — ^A. The captain's cook. Q. Where did he hear it? — A. He had been ashore on liberty before. Q. He had already been ashore? — A. Yes sir; he had been ashore on liberty. Q. Before that? — A. Before the crowd went, yes sir. Q. What is the cook's name?— A. Tinney. Q. How were you treated when you were under arrest there at the jail? How did they treat you? — A. They treated me very weU. They didn't say anything to me. Q. What was your condition as to sobriety that day on the shore, when you were there? — .A. I was perfectly sober, sir. Q. What was the condition of the other members of the crew of the "Baltimore" who were on liberty, when you saw them there that day, as to sobriety? — A. All I saw there were perfectly sober. Q. Then I understand you, that you didn't see a member of the crew of the "Baltimore" drunk on shore that day?— A, No sir; I didn't see any drunk. All I saw were perfectly sober. 476 RELATIONS WITH CHILE. . Q. Did you at any time at Valparaiso, or to any person there, express your approval of the action of the police on that occasion ? — ^A; No sir, (Sgd.) 0. B. Sempee. United States op America, State and Northern District of California, ss: I, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of California, do hereby further certify that Charles B. Semper, the witness who subscribed the forego- ing deposition, was by me duly sworn; that said deposition was taken on the 9th day of January, A. D. 1892, at the Ofllce Building of the Navy Yard at Mare Island; that said deposition was taken down in short- hand by stenographers employed for that purpose, and afterwards by them reduced to typewritmg, and read over to the witness, and by him declared to be correct, and by him subscribed in my presence. In witness whereof, I have hereunto set my hand this 11th day of Jan- uary, A. D. 1892. (Sgd.) J. S. Manlet, Commissioner, United States Circuit Court, Northern District of California, DEPOSITION OF HEEMAN PEEDEEICKS. Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Eemey, U. S. M. C, Judge Advocate-General of the U. S. Navy, by order of the Secretary of the Navy, held at the OfBce Building of the Navy Yard, Mare Island, California, on the 9th day of January, 1892, before me, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of Cali- fomia,' duly appoiuted and qualified, personally appeared Herman Fredericks, who, after being duly cautioned and sworn, did depose and say as follows, to wit: * HeriHAn Feebbeicks, having been duly sworn, testified as foUows: The Judge Advocate-Geneeal. — State your name, rating, and present station. — ^A. My name is Herman Fredericks; ordinary sea- man, "U, S. S. Baltimore". Q. What is your age? — ^A, 29 years. Q. Were you serving on board the "U. S. S. Baltimore", when that vessel was in Valparaiso, in October last? — A. Yes sir. Q. Did you go on liberty with other members of the crew of the Bal- timore, at Valparaiso on the 16th day of October last, on shore?— A. Yes sir, Q, Do you know of any dififtculties or disturbances which occurred on the shore at Valparaiso that day, between the Chilean sailors or others, and members of the crew of the "Baltimore"? — A. Yes sir. Q. State all the facts and circumstances within your knowledge, re- lating to any such disturbances or difftoulties? State the time you went ashore, and go on and tell what occurred?— A. I left the ship at half past one o'clock p. m., on the 16th day of October and went ashore in the ship's boat; me and the apprentice boy, C. G. Williams, First we went up to the hotel called the Victoria Hotel; and after we left there, we went up town and bought some writing paper and a few books, and came down to the wharf, and gave them to the gig. The gig was lying alongside the wharf. After we went back to a place kept by a BALTIMORE INQUIRY. 477 man named Tom White. In that place we met a second-class fireman, Houlihan, and coal-heaver Birdsall, of the "Baltimore." We stayed there a while, and then we left, and went down to the Victoria Hotel again. We wanted to get our supper there. After being in there a few minutes, a citizen came ia, and told us there were some of our men fight- ing down town. Q. What time was this, about? — A. Itwas about halfpast five o'clock. Q, Go on. — A. A man came there, a citizen, and told us that some of our men were fighting further down town with some civilians. We didn't pay any attention to it.' We stayed there for a while, and four of our men came in, White, Wilbur^ Eyan, and Holdsworth. They told us that they were in another place with a boy named Frank Smith, and the mob took the boy away from them and beat him. And after they told us that, we left there to go down. We had left the place about three min- utes, and there was a big crowd of citizens firing stones at us. We went as far as the square — I don't know the name of the square — there is a big monument stands on it, close to the Mole. We came there, and there was a big crowd of citizens throwing stones at us. And I got hit with a stone in my head, and knocked out. When I came to, four policemen were around me. Q. What were they doing?— A. They were standing around me, and wanted me to get up. And one of them hit me over the head with the butt of his rifle, and I went down. And when I came to, they had cat- gut around my wrist. Q. Was this near the Mole? — A. Yes sir. Q. You had been knocked down by this stone on the forehead? — A. Yes sir. Q. Was it a stone?— A. Yes sir; it was a stone. Q. Were you unconscious? — A. Yespsir; I was \inconscious for about a minute or so. It could not have been very long. Q. Then when you recovered consciousness, you saw what? — A. Four soldiers standing^around me. Q. Were they armed? — ^A. Yes sir; they were armed with rifles and bayonets. Q. What did they do? — A. One of them hit me on the head with his rifle, • Q. Which part of the rifle?— A. He hit me with the butt end down. Q. Why did he hit you? — A. I don't know. Q. Were you moving? — ^A. No sir; I wanted to get up. Q. Were you resisting?- A. No sir. Q. And he hit you over the head? — A. Yes sir, he hit me over the head with' the butt end of the gun. Q. What was this crowd, about you at the time? — ^A. They were civil- ians. Q. Who else was with you? — ^A. WiUiams. Q. Of the "Baltimore"?— A. Yes sir. Q. Was he hit, too?— A. Yes sir, he was hit. Q. Were only yoii two there? — A. Yes sir, only us two. Q. Was this crowd attacking any other persons except you?— A. Not that I saw. Q. Both of you were in uniform? — A. Yes sir. Q. What did the police do then? Did the police attack WiUiams too ? — A. I don't know as they attacked him. He was not close enough to me. Q. What did the police do then with you? — ^A. They put the catgut nippers on m; hand and took me to jail. 478 EELATIONS WITH CHILE. Q. On both hands'? — A. No sir; only on one hand. Q. Did the man lead you to jail, or was he on horseback? — A. No sir : he was on foot. Q. What time was this, do you think? — ^A. It mast have been about six o'clock, I think, sir. Q. "Were you sent to the hospital then? — ^A. No sir, Q. Were you disabled for any length of time on account of this hit? — A. I was sick, but they did not send me to the Hospital. <3. Were you on the sick list? — ^A. Yes sir; I was on the sick list after I came back to the ship. Q. For how long a time? — A. For fourteen days; two weeks, Q. On account of that blow on your head?-^A. Yes sir. Q. Is that the scar that shows on your forehead there now? — A. Yes sir. Q. Had you any arms or weapons, or knife, or anything of that kind about you? — ^A. No sir; I had nothing about me. Q, Had this other man that was with you any arms or weapons of any kind? — ^A. No sir; not to my knowledge. Q. What warning, if any^ did you have as to an expected attack upon the men?^-A. The first one was in the Victoria Hotel, after we left the gig; a citizen there told us about it. Q. You were told about it by a citizen in the Victoria Hotel? — A. Yes sir. Q. Did you know the citizen? — ^A. No sir. Q. Did he volunteer this information to you? — ^A. Yes sir. Q. Did he speak in EngUsh? — A. Yes sir. Q. What did he say? — ^A. He told us that some of our men were attacked around the city. Q. Did you have any information that you might be attacked before you went ashore? — ^A. No sir. Q. Or aftervrards, before you went to the Victoria Hotel? — A, No sir. Q. How were you treated when you were under arrest; how did they treat you, the police and the people in the prison? How were you treated? — ^A. In the prison, we were treated pretty fair. Q. How long were you in the prison? — ^A. We were in jail from Fri- day night, until Tuesday evening. Q. Then were you sent back to the ship? — ^A. Yes sir. Q- What was yoiu* condition as to sobriety at the time that trouble on the shore arose? — ^A. I was perfectly sober, sir. Q. What was the condition as to sobriety of the other members of the crew of the " Baltimore " that you saw on shore that day, or any of them?— A. The ones I saw were all sober. Only five of them; the one along with me,, and the four I met in the Victoria Botel. Q. And they were all sober?— A. Yes sir.; they were all perfectly ' sober. - ■* Q. Did you see any other members of the crew of the "Baltimore" on shore that day? — ^A. Yes sir. Q. What was their condition; were they sober? — A. Yes sir; they were all sober. It was shortiy before we were attacked. Q. Did you at any time on shore at Valparaiso there, to any person, express your approval of the action of the police on that occasion?— A. No sir. (Sgd.) H. Fkedkioks. baltimore inquiry, 479 TJnited States of America, ^ State and Northe/rn District of OaUfornia, ss: Ij James S. Manl'ey, a Commissioner of the Circuit Court of the tTmted States for the E'orthern District of California, do hereby further certify that Herman Fredericks the witness who subscribed the forego- ing deposition, was by me duly sworn; that said deposition was talten on the 9th day of January, A. D. 1892, at the Office Building of the Kavy Yard at Mare Island ; that said deposition was taken down in shorthand by stenographers employed for that purpose, and afterwards by them reduced to typewriting, and read over to the witness, and by him declared to be correct, and by him subscribed in my presence. • In witness whereof, I have hereunto set my hand this 11th day of January, A. D. 1892. (Sgd.) J. S. Manley, Commissioner, United States Circuit Court, Nortliern District of California. DEPOSITION OF CHARLES G. WILLIAMS. Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Eemey, IT. S. M. C, Judge Advocate-GeneraL of the tr. S. Navy, by order of the Secretaiy of the Navy, held at the Office Building of the Navy Yard, Mare Island, California, on the 9th day of January, 1892, before me, James S. Manley, a Commissioner of the Cir- cuit Court of the United States for the Northern District of California, duly appointed and qualified, personally appeared Charles G. Williams, who, after being duly cautioned and s^forn, did depose and say as fol- lows, to-wit: Charles G. William^, having been duly sworn, testified as follows : The JxJD&E Advooatb-General.^Q. What is your name, rating and present station? — A. My name is Charles G. Williams; seaman ap- prentice, first class on the "U. S. S. Baltimore." -, Q. What is your age? — A. I was 20 the 10th day of last September. Q. Were you serving on board the U. S. S. "Baltimore" when she was in Valparaiso, Chile, in October last? — ^A. Yes sir. Q. Did you go on shore on liberty with other members of the crew of the "Baltimore" at Valparaiso, on the 16th of October last? — A. Yes sir. Q, Do you know of any difficulties or disturbances that occurred on shore that day at Valparaiso, between any Chilean sailors or others, and members of the crew of the "Baltimore" who were there on liberty? — A. Yes sir. ' Q. State all the facts and circumstances within your knowledge re- lating to any such disturbances or difficulties? Commence from the time you left the ship. What time did you leave the ship? — A.. I left the ship about one o'clock in the afternoon, in the ship's boat. Q. Go on. What did you do?— A. As soon as I got ashore I went into a saloon that is kept by a German, and stopped there about five minutes; and then I went up to Shrigley & Westcott's stationery store, andboughtsome writingpaperand books. And from there I wUs coming down to send those, things off by one of the gig's men; and I saw a bil- liard parlor, aiid went in there and played biUiards for about an hour; I played there for about an hour or a little over. Then we went down 480 EELATIONS WITH CHILE. to the gig and gave those things to one of the gig's men to take off to the ship. . ■ . 1 Q. Who was \nth yon?— A, A man by the name of Fredericks. Q. Did he belong to the ship "Baltimore"?— A. Tes sir. Q. Go ahead; go right along until you come to where you saw or heard any difficult^?— A. Then we went from there into a saloon kept by Tom White, and then we went from there to the Victoria Eestaurfint, and got something to eat. And there was a citizen came in there and told us there were some of our fellows getting cut up down by the Mole. Q. About what time was this?— A. It was between five and six o'clock, J think. He told us that, but we didn't take any stock in it. We didn't know what to think of it. In fact, we thought he was drunk, Q. You thought this citizen was drunk! — ^A. Yes sir, Q. Did he speak Enghsh?— A, Yes sir; hp spoke English. As soon as he went out, there were fovuc of our fellows came in and told us about Frank Smith being hauled out of a saloon by a mob. And we asked them to go out with us and see if we could do anything for him, and they would not go. And me and Fredericks went out. Just as we got out, there w^s another man that spoke English told us to come the op- posite way with him, to the Mole. We didn't want to go with him, and we went the other way; and we hadn't taken half a dozen steps when stones came in every direction. We chased one crowd, and they would run, and then the stones would come from the other direction. Q. They were stoning you? — ^A. Yes sir; they were stoning us; they were on aU sides. Q. Did they chase you?— A. Yes sir; the mob behind would chase us, and the mob in front would run. Q. What did the mob congist of? What kind of people?— A. They were dressed in citizen's clothes, the majority of them, I think. ' Q. Were they Chileans? — A. Yes sir; they were Chileans. Q. Were th^y throwing stones at you? — A. Yes sir. Q. Had you molested these people? — ^A. No sir. Q. Either of you?— A. I^To sir. Q. Did they make this attack on you without any provocation? — ^A. Yes sir, ^. How did you account for their making this attack on you, with- out molestation by you? You didn't know them? — A. No sir. Q, Why did they make the attack on you? — ^A. Because they were down on the ship's company, or something of that kind. Q. Down on what ship's company? — A. On the ship's company of the " Baltimore." Q. Because you were members of the " Baltimore's" crew? — ^A. Yes sir; I can't think of any other reason. Q. Go on. This was on the way from the Victoria Hotel down to the Mole? — A. Yes sir, Q. About how far were you from the Mole when this occurred; when this party attacked you? — A. I can't give the exact distance. It was just a few steps outside of the Victoria restaurant; about half a dozea steps, I should think. Q. Go on. — A. And then we started to run to get out of the way of them; and I got hit in the knee with a stone that knocked me down. Q. Knocked you dowuj did it? — A. Yes sir; and after that I got up and the mail that was with me stayed behind me after that, so if I did fall, he could pick me up. Q. What stru^ you on the knee?— A. Iwas struck on the knee with a stone* BALTIMORE INQUIRY. 481 .Q. With a stone thrown by the mob? — ^A. Yes sir; thrown by the mob from in front. Q. Did 1 mulerstaud you that there was a mob in front of-you, and one behind you?— A. Yes sir. Q. And you were making your way to the Mole? — ^A. Yes sir. Q. Goon. — A. We kept running after that, and I don't know whether he was knocked down first, or myself. I. got hit with a club or some- thingj behind the ear, that knocked me senseless. Q. In the street? — A. Yes sir; and when I came to, two citizens had hold of me, one on each arm ; and they took me to a mounted police- man, I tliink he was. He was dressed in black, and carried a sword; and he had some conversation with them, and then he started his horse off at a full gallop. Q. Where were you at the time? — A. He had catgut nippers around my wrist. Q. He had catgut nij)pers around one of your wrists? — A. Yes sir. Q. Did he have hold of the nipper 8? — A. Yes sir. Q. And started his horse at a full gallop? — A. 'Yes sir. Q. Who were the citizens that took you to the police? Werethey kindly disposed towards you? — A. I haven't any recollection of who they were. That is the first thing I recoUect after coming to my senses, Q. What effect did this have on you,' when this mounted policeman had the nippers around your wrist? What effect did that have on you? — A. I started off with him at first. Q. On the run? — A. Yes sir; and then I tried my best to pull him oft' the horse, or to stop the horse from running. I could not do it^ and I was thrown underneath. Q. Did he continue after that to gallop his horse? — ^A. No sir; he walked the horse after that. Q. Had you made any resistance when started off in this way at a gallop? — A. No sir; not in ihe least. Q. He had just placed the nippers on your wrist? — A. Yes sir. Q.'And then he mounted his horse? — A. No sir; he was already* mounted. Q. Did he place the nippers on your wrist from his horse? — ^A. Yes sir. Q. Did you or not resist at that time? — A. No sir, I didn't resist at all. Q. Did you say anything to him at all? — A. No sir, not a word. •Q. Then, he, started his horse on the gallop? — A. Yes sir. Q. How. far did he go on the gallop ? — A. I think the horse gave about three gallops before I made any resistance. Q. You mean before you held back? — A. Yes sir. - Q. Then what ? What caused you to fall under the'horse ?— A. Well, I think it was in my attempt to stop him. I was trying to jjiill him off the horse, or to do somethiag to stop him. I could not keep "up with Mm. Q. You mean you could not keep on your feet at that rate of speed ? — A. No sir; I could not stand up, with the horse going that fast. Q. Were you running? — A. Yes sir. Q. Then if I understand you, you could not keep up with the pace that the horse was making; is that what you mean? — A. Yes sir; I could not keep up with him. Q. How were yoi^ treated after you got to the prison? Did this po- liceman take you to the prison? — A. Yes sir; he took us to prison. ■Q. ^Vas the uthev m,T,u, Fredericks, taken along too, the same way, SI 482 EELATIONS WITH CHILE. by the policeman? — A. I think he was taken by two policemen that were walking. He came after me. I was there before him. Q. How did they treat you at the prison ? — A. They put the two of us in one little cell flrst. Then after that they took us. out, and put us in a big cell where the rest of our fellows were. Q. How long did you remain there? — A. In the big cell? Q. No; in prison? — A. I have forgotten how long it was. Q. Mr. Sears took you off?^ — A. Yes sir; I came down with the first crowd. Q. Then you went off to tjhe ship ? — A. Yes sir. Q. Did you have any arms or weapons or knife about you that day I — A. I had a very small knife. Q. What was it? — A. It was a white-handled penknife. Q. Had you any other? — A. No sir. Q. Any other weapon of any kind? — A. No sir. Q. Did any other members of the crew of the "Baltimore" who were with you ou this occasion, those that you saw, have knives or weapons, or arms of any kind, to your knowledge? — A. No sir. ■ Q. What was your condition as to sobriety at that time? — ^A, I was perfectly sober. Q. What was the condition as to sobriety as to the other members of the crew of the "Baltimore" who were on shore that day, and whom you saw! — A. Every one I saw looked as though they were sober; not drinking at all. Q. Did you at any time in Valparaiso, to any person there, express your approval of the action of the police on that occasion that day?— ^ A. No sir. (Sgd.) . C. G. Williams. United States of Amekioa, State and Northern District of California^ ss: 1^ James S..Manley, a Commissioner of the Circuit Court of the United States for the Northern District of California, do hereby further certify that Charles. G. Williams, the witness who subscribed the fore- going deposition, was by me duly sworn; that said deposition was taken on the 9th day of January, A. D. 1892, at th€ OflSce Building of the Navy Yard at Mare Island ; that said deposition was taken down in i shorthand by stenographers emplojred for that purpose, and afterwards by them reduced to typewriting and read over to the witness, and by him declared to be correct, and by him subscribed in my presence. In witness whereof, I have hereunto set my hand this 11th day ol January, A. D. 1892. (Sgd.) J. s. Manlet, Pommissioner, United States Circuit Court, Northern District of California. DEPOSITION OF MICHAEL HOULIHAN. Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Eemey, U. S. M. C, Judge Advocate-General of the " U. S. Navy, by order of the Secretary of the Navy, held at the Office Buildnig of the N^avy Yard, Mare Island, California, on the 9th day of January, 1892, before me, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of Cali- ornia, duly appointed and qualified, personally appeared Michael Houli- BALTIMORE INQUIRY. ' 483 jlian, wlio, after being duly cautioned and sworn, did depose and say as follows, to-wit: I Michael Houlihan, having been duly sworn, testified as follows : The Judge Advocate-Genebal.^Q. State your name, rating, and present station. — A. Michael Houlihan, fireman, second-class, on the U. 8. S. " Baltimore." Q. What is your age? — ^A. 28 years of age. Q. Were you attached to the IT. S. S, "Baltimore" when she was at Valparaiso, Chile, in October last? — ^A. Yes sir. . '' Q. Were you on shore on liberty with other members of the crew at Valparaiso,' on the 16th of October last? — A. Yes sir. Q. Do you Ivuow of any difficulties or disturbances that occurred ou shore that day at Valparaiso, between Dhilean sailors or others and the members of the crew of the "Baltimore" who were on liberty? — ^A. Yes sir; I know I was assaulted myself. \ Q. State all the facts and circumstances witliin your knowledge with reference to any such disturbances or diiSiculties there that day. — ^A. I went ashore at one thirty in the afternoon, the 16th of October last. As we were going ashore, we passed the Chilean man of war "Esmeralda," and the crew were standing up on her deck, and they commenced shaking their fists; and they had knives in their hands, shaking theju at us, as we were going along in the boats. 1 was not ashore five min- utes, when I met two gentlemen on CaUe Cochran, that I never saw before, and they told us to look out for ourselves that the crew of the " Baltimore " was going to be assaulted. Q. Did they speak English?— A. Yes sir. Q. They volunteered this information to you? — ^A. Yes sir; I had never seen them before. Q. What did they say?— A. They told us that the "Baltimore" sailors were going to be mobbed that night by the Chileans. Q. By who? — A. By the Chileans. Between that time and half au hour afterwards, I was told, by four different parties, in places 1 went to, the same thing. Q. Was this when you first went ashore? — A, Yes sir, this happened just after I went' ashore. Q. /Were these parties English or Americans, or people speaking English? — A. They were people speaking English. I couldn't say what they were. Q. You say you were told the same thing by four different parties? — A. Yes sir. - Q. What did they say? What was the idea?— A. Wel^they didn't say; they didn't mention what the idea was. I didn't take any stock hi it myself. I laughed at them; because I didn't know of any reason why they should assault uS. Q. Go on. — A. After that I went into a saloon there, went in and took a cigar, and took a drink of beer. There was a crowd saw me go in there, and they came around and wanted to get in; but the proprietor of the place closed the door on them. Q. What kind of a crowd was it?— A. They were all mixed up; some . citizens and some soldiers. They wanted to get into the place that I went in to. , ^ , mi Q. What did they want to get in there for ?— A. I don't know. They didn't make any attempt to get in there until they saw me going m there. When they saw me going in there, they came towards the place ; , and the proprietor of the pli;ice closed the door. 484 RELATIONS WITH , CHILE. Q. Is tliat what the proprietor said ? — A. Yes sir; he could not speak Englisli; but he pointed to a room for me to go in, and he closed the door at the time. Q. Go onf — A. I stayed in. there for fifteen mimites. I had one drink in there, and I came out; and I came down to a place kept by a Scotchman; and I saw the crowd following me up. I went out the back way. Q. Why did you go out the back way? — A. Because the crowd was out by the front door. , I went out the back way to escape the crowd. Q. And the crowd followed you'? — A. Yes sir; when I went out the back door. It is the corner there, the corner of Oochran Street. Q. What did you do! — A. I jumped on a horse car to escape the crowd. I knew they would follow me up. Q. Did they continue to bother you then'? — A, No sir, they stopped then. Q. Did they molest you in any way? — A. No sir; not at that time. I jumped on the horse car and came down as far as the Mole. I saw a crowd there and I turned up the same street again, and I went iuto White's, and I had a drink in there, and I was in there fiive or ten min- utes, and the boy Williams and Fredericks came in there. Q. They belong to the " Baltimore"'? — A. Yes sir. I asked them what they were going to have, and they both took a glass of beer each. We were in there, four or five minutes, and Birdsall came in, and he took a drink. That is all we had in there at that time. There were some citizens came in there, and they said some of the Baltimore's crew were getting murdered down on the Mole. Q. About what time of day was this ■? — A. This was around dark some place : I don't know what time it was. Q. Early in the evening?— A. Yes sir; about dusk. Q. About what time do you suppose it was'?— A. I don't know what time night falls down there. Q. Was it long after dark, or shortly^ after dark's— A. Itwasjusfe- about dark, sir. Tliis boy Williams and Fredericks were after coming out, and I said to Birdsall, "I am going out. It wont do for me to stay in there and my shipmates being murdered down on th^ Mole." And I went out, and there was a crowd outside the door, and they followed me. , Q. Was it the same kind of a crowd ?— A. I didn't exactly take notice. They were all ci tizens and soldiers, mixed up. They followed me along, and when I got up near the corner there was a rock passed my head ^ Q. Was it thrown by lUat crowd?— A. Yes sir; it was thrown by a crowd on the opposite side of the street. Tliere was a big crowd right down in front of me, and when I saw that crowd, I knew there was no chaiice for my getting down there ; so I turned back again, and I put ray hands like that (showing), in each side like that ; I put my hands in my pockets; and there were four fellows standing rigjit on the walk of the street, and when I was going by the four stood I'lght together abreast. Piach of them had his hand in his coat pocket, and one hand out of it. Q. That was the reason you put your hand in your pocket '^-A Yes sir; I put my hand in my pocket, and when they saw that, thev let me pass. ' •' Q. Were they throwing stones at you?— A. No sir; they only tlirew stones twice at that time. I went up to the hotel called the Eoyal Hotel, and kept by a Chinaman. I went there, and the place was closed up. They would Tiot let anybody in at that time. Then 1 went up to another place called the " Eoyal Oak " up on Ship Street. I went BALTIMORE INQUIRY. 485 in there, and I told him that there was a crowd following me tip, and he said, " I know tlieve is, because they have been follpwiwg up every American sailor they haVe seen to-night." I said to him, " You have no rooms to let, have you!" And he said, "I^To, but you go down to another Chinaman's that keeps one street down from here, and turn around the corner there, and you can get a room." I went down there and I asked him if he had any rooms to let, and he told me no, he had no rooms to let. And I came down across a little common, and I came down about White's, and the crowd was after leaving the street; and Birdsall went in there at that time. I went in and had a cigar and another drink in there; and I stayed in there for about half an hour. 1 shook some dice in there. Q. Where did you go then'? — A. There was an Englishman in thei'e, and I stayed there talking to them ; and I came out there, and I said I was going to a hotel. Q. Bid you see any more trouble that day? — A. Yes sir; I was as- saulted after that, when I was going to my room. Q. Go ahead! — A. I came out of there, and a man named Eodgers, a ' first class fireman, who got discharged in Valparaiso. Q. Was Eodgers with you"? — A. Him and me left the saloon at that time together. He said, " Can you trust yourself with m'eto go down?" I said, " Yes." Q. He was in citizen's clothes? — ^A. Yes sir; he was in citizen's clothes at that time. Q. Did they molest you at that time? — A. No sir; we didn't see the crowd at that time. . But as I was going along, there were two Chileans stepped to the corner, and one of them hollered out "Americano," and there was a crowd rushed out — I should judge about 15 or 20; and one caught me by the neckerchief, and the other struck me in the back with something; and he cut the shirts right tlirough on tlie back here. (Showing).; and the other cut my leg, and the three of us wrestled there for a while, and we fell together. And I got two of them beneath me, and one of them got me by the neckerchief, and tried to go through me. And he was holding on to me by the neckerchief, and I saw the crowd coming; there was over 15 or 20 coming up the street at the same time; and I pulled away and left the neckerchief. I went up and got into the -Victoria Hotel by the baek way. He didn't keep the front of the hotel open that night. Q. You were not injured then? — A. ISTo sir; I was not injured. Q. That was the last disturbance you saw? — A. Yes sir; that was the last disturbance I saw. , Q. Had you any knives or arins or weapons about yon at that time? — A. No sir. Q. Had these other men that were with you?— A. No sir. Q. You were in uniform, were you?— A. Yes sir; I was in uniform. Q. What was jour condition as to sobriety at that time? — A. 1 was quite sober. I had not had over three glasses of beer. Q. What Was the condition of the other members of the crew of the "Baltimore" that you saw that day, with reference to sobriety? — A. Every one I saw was perfectly sober. In fact, we hadn't time to get drunk. Q. How did you get back to the uln'p?— A. I went back the next morning. I washed my shirt aud hung it up to dry. Q. How did you get back?— A. I got back all right. Q. How did you get back?— A. In the ship's launch. 486 RELATIONS WITH CHILE. Q. Did you while you were iu "Valparaiso, to any person in Valparaiso, express your approval of the action of the police on that occasion ? — ^A. No sir. (Sgd.) Michael Houlihan. United States of Amekica, State and Northern District of Oalifornia, ss: 1, James S. Manley, a Commissioner of the Circuit Court of the TTnited States for the liforthern District of California, do hereby fiir- ther certify that Michael Houlihan, the witness who subscribed the foregoing deposition, was by me duly sworn; that said deposition was taken on the 9th day of January, A. D, 1892, at the Office Building of the N^avy Yard at Mare Island ; that said deposition was taken down in shorthand by ■stenographers enqjloyed for that purpose, and after- wards by them reduced to type- writing, and read over to the witness, and by Mm declared to be correct, and by him subscribed in my pres- ence. In witness whereof, I have hereunto set my hand this 11th day ol January, A. D. 1892. (Sgd.) J. S. Ma'nley, Commissiotterf United States Circuit Court, Northern District of California. DEPOSITION OP JAMES TIimET. Be it remembered, that at the above entitled examination, conducted by Colonel W. B. Eemey, U. S. M. C, Judge Advocate-General of the U, S. Navy, by order of the Secretary of the Navy, held at the Office Build- ing of the Navy Yard, Mare Island, CaUfornia, on the 11th day of October, 1892, before me, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of California, duly appointed and quaUfled, personally appeared James Tinney, who, after being duly cautioned and sworn, did depose and say as follows, to- wit: Jambs Tinney, having been duly sworn, testified as follows: The Judge Advocate-General.— Q. State your name, rating, and station.— A. My name is James Andrew Tinney, and I am the cap- tain's cook on board the " U. S. S. Baltimore." Q. What is your age?— A. 39. , Q. How long hav,e you been attached to the "Baltimore?"— A. I joined the "Baltimore" on the 11th of May, 1890. Q. Were you attached to 'the "Baltimore," when that vessel was in the harbor of Valparaiso, in October last?— A. Yes .sir. Q. Were you warned by any persons at Valpaviiiso, prior to the IGth day of October last, the date of the disturbances which occurred when the liberty men were on shore, that such difticulties or disturbances might be expected; if so, at what time, and by whom were you so warned?— A. I could not tell you exactly the date. It was aboutS or 4 days before the hberty party went on shore. The yoiing man that warned me was named Rocky Joe. Q. What did he say to you!— A. He was on the Mole where the boat landed, and he asked me if the liberty party was coming ashore I told him no, they were not coming today. Q. You mean that day?— A. Yes sir. He told me when 1 got back BALTIMORE INQUIRY. 487 to tell tliem liot to come, because there was a crowd of Cliileai is waiting to mob tliem when they landed.. Q. Who is Eocky Joe to whom you refer? — A. He is a resident of Valp-^Ai There was trouble, but I did not see any of it myself personally. Q. Where were you? — A. I came ashore that day. I went and changed a pound, at the money exchange ofl&ce, and went up the street, and went into a bar-room. I came out of that and went into another one. I came out of there. I left some of the sailors of the "Baltimore" in there, and went to have a walk-around. I went down as far as Mur- phy's machine-shop. I stood at the gate, and was looking in. A black-. . smith was working close by the gateway inside of the shop. He saw me standing there and called me in. We got talking about the shop and one thing and another like that. I stayed there until about the time they closed up. Q. What time was that? — A. I should think about six o'clock. When I came out of there, I asked this machinist to come around to Eeilly's. Q. What was he, an American? — A. Iso sir; he seemed to be a Scotchman by his accent. He said he had not been drinking any for some tinie and 1 bade him good evening. Q. What were you drinking ? — A. I had not been drinking nothing but beer. I left him then, and came around myself, up by Eeillys', whfere I left the other men. When I came up, the street was full of OhilanOs. All th6 houses on that side of the street were all closed. Q. Were you in uniform ?-^A. Yes sir. The Chileans had been all around those door« from what I could see, on the other side of the street, and there had been some trouble and the doors were all shut up. I came up the street, and a colored man was standing in his door, and I asked him to let me get in. He said " No ; you cailnot come in here; they will destroy my house and kill me, and kill you too". Q. What did you want to get in there for ? — ^A. I see the trouble in the street, and all those Chileans, and I wanted to get out of the way. Q. Were they coming toward you? — A. No not then. ,Q. Had they seen you? — A. No sir. Q. What were they doing? — A. They were clamoring around these doors, making a row. I don't think in the excited way they were they noticed me. , Q. Were any of the " Baltimore's " men in these houses that ' you refer to? — A. I expect there were, but I could not say. I asked this man to let me get in for protection. Q. What were you afraid of ?— A. I was fi-ightened of those men, in the way they were. They were in a state of excitement and uproar, all through the street. I expected there had been trouble, because we ' had been warned before about this trouble. Q. Who warned you?— A. By people in those houses that we had been into. Q. What did they say ?— A. That there would be likely to be troSble, and not to be out after dark. Q. Why did they expect trouble?— A. They did not say exactly why. Q. What trouble did they expect?— A. They expected trouble be- tween the Chileans and us. They did not express any opinion, what it was about. They said they would not advise un to be out after dark. Q. Did you understand that you would be interfered with by any- one,?— A. By those people saying so, putting us on our guard, we thought there would be something wrong, and the man would not let me in. I said "It is pretty hard, I have nothing to defend myself against those people if they attack me." I went straight up the street, right from the crowd. On the opposite side of the street there was BALTIMORE IKQUIBY. 499 aoiieof tliem, where I was. The trouble was on the other side. I kept on this side. As I sot to the end of the Street there was a lot of men there coining down tlie street towards those other men. Q. What other men composed this knot of men? — ^A. They were composed of citizens. The other men that were down towards those doors, were mixed, citizens and Chilean sailors. When they see me, they Gommenced to come towards where I was. I made a break and I got right through. Q. Did they attack you? — A. They came to do so* Had I stood, I guess. they would have attacked me. Q: What did they do'? — A. They seemed to close ia on me, to keep me in the street. , Q. About how many of them were there-^-^A. There might have been dozen or more. I made a break and got right through. I ran across tie square. Just as I got to the opposite end of the square, two police- men got hold of me. Q. Was the crowd pursuing you then? — ^A. Yes sir; they seemed to come after me. Q. Did they follow you then? — A. Yes sir. ' Q. What were they trying to do? — A. I don't know; they^did not catch me, to do anything. Q. What were you doing? — A. I tried to get away from them. Q. Trying to escape? — ^A. Yes sir. Q. These two policeman got hold of you? — A. Yes sir. Q. How did they get hold of you? — A. Just "grabbed me, when I came between them. They put those cat-gut nippers on my wrists and took me up to the jail. Q. Did they tie your hands? — A. They put them on my hands, one on each side of me. ^ Q. Hoyy did they treat you? — ^A. I was taken up to the jail. They took some money off me there, and put me in the guard-house. - . Q. How did the police treat you, when they arrested you? — A. They did not seem to treat me anyway rough. I went right along quiet with them. Q. Did they tell you why you were arrested? — A. No sir; I under- stood afterwards in the jail, that we UkA been arrested for protection. Q. Did you tiave any arms or weapons about you?^-A. No sir; no a«ms or weapons or knife or nothing. Q. You were in uniform? — A. Yes sir. , Q.'Who gave yqu this warning, to which you refer? — A. It was in one of those bar-rooms that we were in on that street. CJ. What street was this, where you were arrested? — A. I don't know exactly the name of the street. It was just a httle way froin the landing; a cross street that runs across. . Q. Were you alone at the time you were arrested? — A. Yes, sir. Q. Give a general idea of the place where you were arrested? — A. It was to the right of the landing, as you came up the square. Q. HoAY far to the right of the landing?— A. I can not just exactly say. It might be a couple of blocks up. Q. Do you know the names of the streets?— A. Nq, sir; they are all Spanish names and are difficult to know. Q. What was your condition as to sobriety at that time? — A. I was sober. I did not have no drink of any consequence, to make me drunk. Q. What had you been drinking?— A. I drank about two glasses of beer, from the time I had been on shore. - Q. How long did'they keep yon iu prison?— A. Until Saturday^ 500 RELATIONS WITH CHILE. Q. Then you went off with the rest of the men who were released ? -^A. I was released on Saturday night, along with the rest of the men. They did not find any charges against me, or the ones they let out that night. Q. Did you express your approval at any time in Yalparaiso, of the action of the police? — A. No sir, I never did. (Sgd.) Patrick O'I^eill, United States op America, Sinte and Northern District of California, ss: I, James S. Manley, a commissioner of the Circuit Court of the United States for the Northern District of California, do hereby further certify that Patrick O'Neil, the wittfess who subscribed the foregoing deposi-' tion, was by me duly sworn; that said deposition was taken on the 11th, day of January, A. D. 1892, at' the Office Building of the Navy Yard at Mare Island; that said deposition Avas taken down in shorthand by stenographers employed for that purpose and afterwards by them re- duced to type-writing and read over to the witness, and by him de- clared to be correct, and by him subscribed in my presence. In witness whereof, I have hereunto set my Tiand this 12th day of January, A. D. 1892. (Sgd.) J. S. Manley, Commissioner, United States -Circuit Court, Northern District of California, DEPOSITION OP PATEIOK EAGAN. Be it^remembered, that at the above-entitled examination, conducted by Colonel W. B. Eemey, U. S. M. C, Judge Advocate-General of the U. S. Navy, by order of the Secretary of the Navy, held at the Office Building of the Navy Yard, Mare Island, California, on the 11th day of January, 1892,- before me, James S. Manley, a Commissioner of the Cir- cuit Court of the United States for the Northern District of California, duly appointed and qualified, personally appeared Patrick Eagan, who, after being duly cautioned and sworn, did depose and say as follows, to- wit : — Patrick Eagan, having been duly sworn, testified as follows: The Judge Advocate-General. — Q. What is your name, rating and station'? — A. My name is Patrick ^agan, and I am a first-class fireman on board of the "U. S. S. Baltimore." Q. How old are you? — A. Going on 47. Q. Were you attached to the " Baltimore," when that vessel was in Valparaiso, in October last? — A. Yes sir. Q. Did you go on shore with other members of the crew of the '• Baltimore" on liberty, at Valparaiso, on the 16th day of October last? — A. Yes sir, I did. Q. Do you know of any difficulty or disturbance which occurred on shore that day, at Valparaiso, between any Chilean sailors or others, and members of the>/rew of the " Baltimore," who were on shore at that place I — A. I did not see none. Q. Were you arrested that day by the police at Valparaiso?— A. I wa = trrested that evening, yes sir. Q. By the police? — A. Yes sir. Q. What time was it, when you were arrested, and where? — A. A BALTIMORE INQUIRY. 501 little after dusk. I don't kuow what part of the city; it was in the southern part of the city. Q. Was it to the right or left of the Mole?— A. It was to the right of the landing. Q. About how many blocks'?— A. About three blocks from the land- ing. Q. Who was with you, when you were arrested? — ^A. IJTo on*. Q. Just state the circumstances of your arrest. Describe it? — A. We were up in Reilly's, four of us belonging to the "Baltimore". Q. What time? — ^A. About an hour after we went ashore. We had a drink there and Reilly said to us, "Boys, for God's sake don't be out after night." Q. IReilly kept the place? — A. Yes sir. Q. Why did he say not to be out after dark? — ^A. He said "The Chil- eans are after you, and if you take my advice, you will try and get a bod as quickly as possible." ' Q. This was about an hour after you went ashore? — A. Yes sir, about an hour after we went ashore. We were in another saloon before we came there. Q. This was early in the afternoon? — A. Yes sir. Q. What time did you go ashore? — ^A. About one o'clock. We did not mind the threats that they were making, so we never bothered with it. We stopped in there a 'little while, and crossed the way with the intention of getting something to eat; O'lSTeil and Gallagher and Boyle, all of the "Baltimore", and me. While we were in there, coal-heaver Pauter came in and said " Boys, our men are getting done up down at the Mole". Gallagher was the first one to start out. I followed him. He seemed to take a different route to what I did. I went down two blocks and turned to the left. Just as I was turning the corner, I was met by three policeman and arrested. Q. About what time was this? — ^A. I could not teUyou. It was after dark. Q. What were you doing, when, you were arwssted? — A. I ^iras walk- ing along the sidewalk, going down towards where this trouble was. Q. Were you making any noise, or molesting anyone? — A. Ifo sir. Q. Going quietly along the street? — A. Yes sir. > Q. What did they say to you, when they aufested you? — A. Nothing more or less, than they grabbed me and shoved me along about two blocks. Then I met "another crowd of policemen with some ]nore of our men. Q. You say they grabbed you? Is that all they did when they arrested you? — A. That is aU. Q. Where did they take you? — A. To the station-house. Q. How did the police treat you when they were taking you? — A. They did not treat me anywjiy rough, because I did not give them any reason for doing so. Q. How long did they keepyou in prison?— A. Five days. Q. How were you treated in prison? — ^A. We got plenty of soup and bread to eat. Q. Could you see this crowd near the Mole, which you were approach- ing, at the time you were arrested? — A. No sir. Q. Had you any arms or weapons or knife ^boutyqu?-=-A. No sir. Q. Were you in uniform? — A, t was. Q. What was your condition as to sobriety ? — A. I was sober. Every- man was guarding against this, on account of being warned when they came ashore. 502 EEliATIONS Wrt# CHILE. Q. How do you mean guarding against tliis? — A, _By not drinking too mucli. J. Did you, at any time, or to any person' in Valparsliso, express your approval of the action of the police on that occasion ? — A. No sir. (Sgd.) Patkick Eagam. Uhited- States op America, State and Northern District of Galifornia, ss: I, James S. Manley, a Gominissioner of the Circuit Court of the United States for the Noi'thern District of California, do hereby fur- ther certify that Patrick Eagan, the witness who subscribed the fore- going deposition, was by. lue duly sworn; that said de])oaition was taken on the 11th day of January, A. D. 1892, at the Offtce Building of the N'avy Yard at Mare Island; that said deposition was taken down in shorthand by stenographers employed for that purpose, and afterwards by them reduced to typewriting, and- read over to the wit- ness, and by him declared to be correct, and by him subscribed in my presence. In witaess whereof, I have hereunto set my hand this 12th day oi January, A. D. 1892. (Sgd.) J. S. Manlet, Gom'fnissioner, United States Circuit Gov/rt, Noriliern District of Galifornia. DEPOSITION OF THOMAS GALLAGHER. Be it remembered, that the above-entitled examination, conducted by Colonel W. B. Remey, U. S. M. C, Judge Advocate-General of the U. S. Navy, by order of the Secretary of the Navy, held at the Office Building of the Navy Yard, Mare Island, California, on the 11th 'day of January, 1892, before me, James S. Manley, a Commissioner of the Circuit Court of the Uliited States for the Northern District of Cali- fornia, duly appointed and qualified, personally appeared Thomas Gal- lagher, who, after being duly cautioned and sworn, did deiiose and say as follows, to ^it: Thomas GALLAftHEK having been duly sworn, testified as follows: The Judge Advocate-Geneeax,. — Q. Wliatis your name, rating, and station. — A. My name is Thomas Gallagher; I am a first-class fireman on board the U. S. S. " Baltimore." Q. What is your age?— A. 28. Q. Were you attached to the " Baltimore," when that vessel was in Valparaiso, Chile in October last? — A. Yes sir. Q. Did you go on shore on liberty, with other members of the crew of the "Baltimore" at Valparaiso, on the 16th day of October last?— A. Yes sir. Q. Do you know of any difficulty or disturbance occurring on shore that day at Valparaiso between any Chilean sailors or others with the crew of the " Baltimore" who were on shore at that place and time?— A. No sir, I never seen any of this figlit at all. I was sitting in a res- taurant, and 1 got word from one of my shipmates, George Panter, who told me that Biggin the boatswain's mate was getting killed. I ran out down the street, and before I got %o his rescue, I got run down hy a mounted policeman on horseback. He drew a cutlass or sword and knocked me down on the street. SALTIMOKE iNQtJIEY. . 503 Q. Where did lie hit youl — A. Across the eye. Q. With a sword? — ^A. Yes sir, with the flat side of the sword. Q. Did it cat you ? — ^A. No sir, it blacked my eye only. Then a crowd of Chilean citizens kicked me. , Q. Did they close in on youl — A. Yes sir, and they kicked me. Q. Wliile you were down? — A. Yes sir, Q. How many times did they kick you? — A. I don't know exactly; they kicked me there as long as they got leave, until the soldiers took me away from them. Q. Did- the soldiers stand by when the citizens were kicking you, and you were down? — ^A. Yes sir, but they broke in on the crowd and took me out, and took me to prison. Q, While tlie crowd were kicking you, were the soldiers present? — A. No sir, they were not. Q. BCow far off were they? — A. About two blocks oft, coming down the street. Q. As soon as the soldiers got there, as I understand you, they took you out from the crowd? — ^A. Yes sir. Q. Did they drive the crowd back? — ^A. Yes sir. Q. How much of a crowd was there? — ^A. About 20 or more. Q. Chileans? — ^A. Yes sir; the soldiers or policemen took me away > and put me in prison. They had the Chilean uniform on. Q. Hftw did they treat you, goin^ to prison? — A. They treated me all right, but they allowed, the citizens, wliile I was in their hands, to come and bang me on the face. . They did not prevent them from doing it. They hurt me 4 or 5 times while I was in their hands, before I got to prison. Q. The citizens did?-^A. Yes sir. Q. While you were on your way to the prison, in charge of the police?^ — ^A. Yes sir, jbud handcuffed; my hands were tied behind my back. Q. ^ith nippers? — A. With'cords. Q. While you had your hands tied behind your back, and were in charge of the police going to the prison, what occurred? — ^A. The citi- zens hurt me three-or four times on my face \nth their hands. Q. Did the police attempi; to stop their striking you? — A. No sir; they never interfered. Then they let me go and run alter some other of our shipmates. Q. Who did?— A. The citizens. Q. Who was \vdth you at the time you were arrested? Any other saUors belonging to the "Baltimore"?— A. No sijj not until I came down a side' street, and then I see 7 or 8 of our fellows all handcuffed going to prison. Q. Where were you, when you were arrested? — ^A. I was running towards the Mole. I was on a street, to the right of the Mole, in a restaurant opposite Eeilly's. Q. You came out of the restaurant? — ^A. Yes sir, when Pauter came and told me about Eiggin. Q. What time was it when you were arrested?— A. About a quarter to 6 o'clock. Q. As I understand from your testimony, you were strack , by a mounted policeman wMle you were running down the street? — A. Yes sir, to Biggin's rescue. Q. Had this policeman ordered you to stop?— A. No sir, he run straight into me with his horse and knocked me down, first. Qi Did he come face to you, or behind you?— A. He came up behind me. I could not run as hard as the horse. 604 JBELATIONS WITH CHILE. Q. Were you running from him?— A. Yes sir, going towards Eiggiii, to see if I could lend him any assistance, but I did not get there in Q. Did you know the policeman was trying to overtake you?— A. No sir, I, did not think of him at the time. I was thinking of getting to lliggin's assistance. Q. What was the first intimation you had, that the pohqemen wanted to overtake you, or arrest you?— A. He hit me over the face with his sword. At the same time that he run his horse into me, he drew his sword, and knocked me down, and before I could get up, a crowd of /citizens got around me. Q. Were you making any noise at the time, or were you disorderly?— A. Ko sir. Q. Were you molesting any person? — ^A. No sir. Q. Was there any crowd about you, at the time that you were knocked down by this mounted policeman?— A. Those citizens were standing there. Q. Were they following you?— A, No sir, but when they see the po- , liceman knock me down they came up and gathered round me. Q. Had you any weapon or knife or arms of any kind about you? — A. No sir. Q. Were you in uniform? — A. Yes sir, I was in uniform. Q. Did you have any warning, prior to going ashore, or while on shore that day, that there might be trouble?— A. ,Eeilly told me while in his house, that we had better keep together; that he thought there was going to be trouble. That was before I went to this restaurant to have my supper. Q. What was your condition, as to sobriety, at the time? — ^A. I had not tasted any drink at all but one glass of beer. I was sitting, play- ing a game of checkers. Q. Were you drunk or sober? — ^A. 1 was sober; Q. How long did they keep you in prison?^ A. Five, days I think. Q. How did they treat you, while in prison? — A. Pretty weU consid- ering; they gave us soup and bread twice a day. Q. Did you, at any time in Valparaiso, or to any person there, ex- press your approval of the action of the police on that day? — ^A. No sir, 1 did not. (Sgd.)< Thomas Gallaghek. United States op America, State and Iforthern District of California, ss: I, James, 8. Mauley, a Commissioner of the Circuit Court of the United States for the Northerii District of California, do hereby further certify that Thomas G-allagher, the witness who subscribed the fore- going deposition, was by me duly sworn; that said deposition was taken on the 11th day of January, A. D. 1892, at the OfBce Building of the Navy Yard at Mare Island; that said deposition was taken down in shorthand by stenographers employed for that purpose and after- wards by them reduced to type-writing, and read over to the "witness, and by him declared to be correct, and by him subscribed in my pres- ence.. In witness whereof, I have hereunto set my hand this 12th day of January, A. D. 1892. (Sgd.) J. S. Manley, Commissioner, United States Circuit Court, Northern District of California. BALTIMORE INQUIRY. 505 DEPOSITION OF ANDEEW KELSON. Be it remembered, that at the above-eutitled examiuation, conducted by Colonel W. B. Eemey, U. S. M. C. Judge Advocate-General, of the U. 8. Navy, by order of the Secretary of the Navy, held at the Office Build- . ing of the Navy Yard, Mare Island, Cahfornia, on the 11th day of Janu- ary, 1892, before me, James S. Manley, a Commissioner of the Circuit Court of the United States fop the Northern District of CaUfoinia, duly appointed and qualified, personally appeared Andrew Nelson, who, after being duly cautioned and sworn, did depose and say as follows, to wit: Andrew Nelson, having been duly sworn, testified as follows : The Judge Advocate-General. — Q. What is your name, rating, and station? — A. My name is Andrew Nelson; I am a seaman on board the " U. S. S. Baltimore." Q. How old are you? — A. 3.8- years old. Q. Were you attached to the " Baltimore " when that vessel was in Valparaiso, in October last? — A., Yes sir. Q. Did you go on liberty with other members of the crew of the " Bal- timore" on the 16th day of October? — A. Yes sii;, Q. Do you know of any difficulty or disturbance, which occurred on shore that day at Valparaiso, between any Chilean sailors or others, and the members of the crew of the " Baltimore," who were on liberty? — ^A. No sir. Q. What occurred on that d&.y, when you were on shore? — ^A. I was locked up. Q. You were arrested? — A. Yes sir. Q. By whom were you arrested, and where? — A. By soldiers or po- lice; I don't know which. Q. Where were you arreste,d?— A. Up in the square. Q. What square? — A. Intendente Square. Q. What time was this? — ^A. About sundown. Q. What were you doing, when you were arrested? — A. I was just walking along the street. Q. Were you in Uniform? — A. Yes sir. Q. Were you molesting any person? — A. No sir; I was walking with • a couple of men unknown to me. • Q. Citizens? — A. Yes sir. Q. They did not Belong to the ship?— A. No sir. They told me not to go the way I was going, but to go back. I was gding down the Q. Not to go dowa towards the Mole?— A. Yes sir. I turned back, and was taken. Q. Why did they tell you not to go down?— A. I don't know except because there was trouble there. Q. You were arrested then, as I understand, in front of the Inten- dencia? — A. Yes sir. Q. What did the police do, when they arrested you?— A. They grabbed me, one by each arm. Q. What did they do with" you?— A. They just carried me further down the street, and got a few men belonging to the "Baltimore," and took us up to the station. Q. JEfow did they treat you when they arrested you, and were taking you to the prison?— A. They treated me all right. Q, How were you treated in the prison?— A. Very well, so far as I could judge, but some grub that was sent to us #e did not get. 506 RELATIONS WITH CHILE. » Q. How long did you remain in prison jwlieii were you released? — ^A. I could not tell exuotly. It was Wednesday, I belieye. I was five days in prison. Q. "Was any charge made against you? — A. l!fo sir. Q. Did you liave buy arms or knife, or anything about you, on that occasion'? — A. No sir. Q. Did these other men of the "Baltimore," that you saw, have any arms or weapon, or knife, that you saAV? — A. No sir. When I was- picted up by the police, they took some things from me; my lanyard and some small things. Q. Ton got them back again? — A. No sir, the police robbed me ol them. Q. Did they do this, before you got to the station-house? — ^A. Yes. sir, as soon as they took me, three of them, aifoijrth one felt all over me.. I had a knife, fork and spoon, and a bottle of shaving- water, and ai rule. Q. What kind of a knife? — ^A. A table-knife. I had bought these; things on shore that day. Q. Was it a regular table-knife? — A. Yes sir. Q. What did you buy it for? — A. For my use in the mess. Q. Was it a sharp-pointed knife? — A. No sir. A regular table-knife;. Q. Did you have any warning about any trouble that might occur on shore that day ? — A. No sir. Q, Were you sober? — A. I was sober. Q. Did you express your approval of the action of the police on that day, to anyone in Valparaiso, or at any time? — ^A. No sir, (Sgd.) Andeew Nelson.. CTnited States op America, State and Northern District of California, ss: I, James S.Manley, a Commissioner of the Circuit Court of the United States, for the Nortltiern District of California, do hereby further certify that Andrew Nelson the witness who subscribed the foregoing deposi- tion, was by me duly sworn; that said deposition was taken on the 11th day of January, A. D. 1892, at the office building of the Navy Yard at 'Mare Island, California; that said deposition was taken down in short- hand by stenographers employed for that purpose, and afterwards by them reduced to typewriting and read over to the witness, and by him declared to be correct, and by liim subscribed in my presence. In witness whereof, I have hereunto sot my haiid this 12th day of January. A. D. 1892. (Sgd.) J. S/ Manlby, . Oommis8iori,er, United States Circuit Court, Northern District of California. DEPOSITION OF NEIL BOYLE. Beitremembered, thatatthe above entitled examination, conducted by Colonel W. B. Eemay, U. S. M. C, Judge Advocate-General of the U. S. Navy, by order of the Secretary of the Navy, held at the office of the Navy Yard, Mare Island, California, on the 11th day of January, 1892,. before me, James S. Manley, a Commissionerof the Circuit Coun; of the. tTnited States for the Northern District of California, duly appointedi BALTIMORE INQUIRY. 507 and qualified, personally appeared Neil Boyle, who, after being duly cautioned and sworn^ did dei)ose and say as follows, to- wit: Neil Botlb, having been duly sworn, testified as follows: The Judge Advocate-General. — Q. What is your name, rank, and station'? — A. My name is Neil Boyle; T am a private in the U. S. Marine Corps, on board the U. S. S. " Baltimore". Q. What is your age? — A. 31. Q. Were you attached to the " Baltimore " when that vessel was in Valparaiso, in October last? — A. Yes sir. ' : Q. Did you go on- liberty, with other members of flie crew of the " Bal- timore" at Valparaiso, on the 16th day of October last? — A. I did. Q. Do you know of any dif&culty or disturbance occurring on shore that day at Valparaiso, between any Chilean sailors, or others, with the members of the crew of the "Baltimore", who;?rere on shore?— A. No sir. " Q. You did not see^ny disturbance? — A. No sir.. Q. What occurred to you on that 'day, on shore? — ^A. Nothing, no more than I was told on shore that if I intended to stop on shore over night, I had better get in dpors before it got dark. Q. Who told you that? — A. I forget now. I don't recollect the name of the saloon. Q. Why did they advise you to get in before dark? — A. They told us there was going to be trouble between the Chilean sailors and the American sailors. • Q. What did you understand by that? — A. They told me as much, that there was going to be a fight between them. Q. Who was going to fight? — A. The Chileans. Q. Who were they going to fight? — ^A. The Americans. Q. Were you arrested that day? — A. I was arrested that night. Q. What time was it, that you were arrested, and by whom, and where? — ^A. A little after dark. Qt Who arrested you? — A. The police. Q. Where were you, when you were arrested? — A. Eight at the back of the market, to the right of the Mole; near the Mole. -Q. About what time was it, that you were arrested? — A. After dark. Q. Was it soon or long after dark? — A. Soon after dark. Q. What were you doing, when you were arrested? — ^A. Me and Gondjr Boyle had been in the hotel before this. Q. What hotel? — A. I think it was EeiUy's, and Gallagher and Pad- dy Eagan of the "Baltimore" were waiting for supper. Q. Where? — A. I think it was in Eeilly's, and that fellow Panter, a coal-heaver on board the "Baltimore", came in there, and he told us, that Eiggin, the boatswain's mate belonging to the "Baltimore" was getting cut up, towards the "Shakespeare." After that this man that belonged to the, hotel shut up all the doors, and kept those that were in there inside, and those that were out he would not let in, for half an hour. Q. Were you in or out? — A. I was in; after that half an hour was up, he opened the door, and I says to Con Boyle "Come on; let us take a walk up that way, and see if there is any truth in it." During that time, we were arrested. Q. What were you doing when you were arrested? — A. Nothing; w;e was going up the street. Q. Were you'making any noise?— A. No, sir. 508 RELATIONS WITH CHILE. Q. Were you disorderly in anyway, or were you molesting any one?.— A. No sir. Q. Were you arrested by the police?— A. Yes sir. Q. How many of them arrested you? — ^A. I should think there would be about 50. ■ ' Q. Fifty police?— A. Yes sir. Q. At the time you were arrested? — A. Yes sir, there was a large crowd there. Q. They were not all police? — A. There were some civilians there too. Q. What were the circumstances of your arrest? What occurred? What did the police do? — A. They took us right oh up to the station- house. Q. Did they treat you well, or how did they treat you? — ^A. I was , treated pretty well. Q. By the police? — A. Yes sir; they simply marched us right up. Q. Did anything else occur to you? — A. Nothing. Q. Did they take you to prison? — A. Yes sir. . Q. How long were you kept there ?^-A. Until next evening. Q. How did they treat you in prison? — A. Pretty well; as well as you could expect there. Soup and a roll of bread. Q. Did you have any weapon or knife of any kind about you ? — ^A. No sir. Q. Did any other members of the crew, of the "Baltimore" have any arms of any kind, or knives? — A. No sir. Q. What was your condition as to sobriety, at the time? — ^A. I was sober. Q. What was the condition of the other men belonging to the "Balti- more" who were with you atthat time? — A. They were sober also. Q. Did you at any time, or to any person in Valparaiso, express your approval of the police, on that occasion? — ^A. No sir. (Sgd.) Neil Boyle. United States of America. State and Northern District of California., ss: I, James S. Manley, a Commissioner of the Circuit Court of the UniteJd States for the Northern District of California, do liereby further certify that Neil Boyle, the witness who subscribed the foregoing dep- osition, was by me duly sworn; tliat said deposition was taken on tlie 11th day of January, A. D. 1892, at the OfiBce Building of the Navy Yard at Mare Island, California; that said deposition was taken down in shorthand by stenographers employed for that purpose, and after- wards by them reduced to typewriting, and read over to the witness, and by him declared to be correct, and by him subscribed in my pres- ence. In witness whereof, I have hereunto set my hand this 12th day of January, A. D. 1892. (Sgd.) J. s. Manley, Commissioner, United States Circuit Court, Northern District of California. BALTIMORE INQUIRY. 509 DEPOSITION OF OHAELES H. GUTH. Be it remembered, tliat at the above-entitled, examination, conducted by Colonel W. B. Eemey, U. S. M. C, Judge Advocate- General of the U. S. Navy, by order of the Secretary of the Navy, held at the Oflce Build- ing of the Navy Yard, Mare Island, California, on the 11th day of Jan- uary, 1892, before me, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of California, duly appointed and qualified,personally appeared Charles H, Guth,who, after being duly cautioned and sworn, did depose and say as follows, to-wit: Chaelbs H. GtTTH, having been duly sworn, testified as follows : The JuDGjE Advocate-GenerAl. — Q. What is your name, rating, aud present station'? — A. My name is Charles H. Guth; I am a first- class fireman on board the U. S. S. " Baltimore". ii. Were you attached to the "Baltimore" when she was ia Valpa- raiso, m October last? — A. Yes sir. Q. Did you go on liberty, with other members of the crew of the "Baltimore" at Valparaiso, on the 16th day of October last? — ^A. Yes sir. Q. Do you know of any difficulty or disturbance occurring on shore that day at Valparaiso between any Chilean sailors or others, with the crew of the "Baltimiore", who were on shore ?-^A. Yes sir. ' ' Q. State all the facts and circumstances in your knowledge relating to any such disturbance or difiBculty? — A. The only trouble that I had, or fight that I see, was when I met William Sullivan of the "Baltimore". He was running down an alley-way that goes into Calle Cochran and a crowd was after him. Q. What time was that? — A. About half past 4 or 5 o'clock. Q. Near dusk? — A. Yes sir. They were chasing him up. They were hollering and making, lots of noise, and throwing anything they could lay their hands on. Q. What was this crowd composed of? — ^A. Chilanos, soldiers, sailors, citizens and all. Sullivan came by me, and he says "For God's sake, get out of the way. They are killing our fellows." I was going to stand by and give him a- hand, but he' gave me a push and ])ushed me into a sOrt of a store that was right on the alley, trying to get me out of sight of "the mob. He was out over the eye when I see him. Q. Was he in uniform? — A. Yes sir. Q. Were you in uniform? — A. Yes sir. Then I got out of that store, and some one picked ifle up and hit me. Q. Who did? — A. Some of the citizens. Q. Some of this crowd?— A. Yes sir. Q. About how many do you suppose there were at that time? — A,. I could not count them. They were swarming. Q. About how many should you judge?— A. That alleyway and that corner, was fall of them. Q. What were they saying, anything?— A. They were yelling amongst each other. I could not understand. I was busy looking for something to defend myself with. Q. Did you understand anything that they said? — ^A. No sir; they must have liit me with a stick. It kind pf fuddled me Mke. Q. Did tifeiey attack you? — ^A. Yes sir. Q. Did you offer any insult or do anything to molest anyone? — A. No sir, I kept my mouth shut. Q. What were you doing?— A, I was going up OaUe Molina. 510 ^ RELATIONS WITH CHILE. Q. Were you orderly or disorderly? — A. Orderly, the same as I am now. I did not intend to drink anything that day, on account of hear- ing about the trouble. Q. What did you hear .about the trouble?— A. Me and Pfeiffer were the two last men that left the dock. We were waiting for a friend of ours. We were the last two blue-jackets on the Mole, and two citizens were there. Q. You mean when you first landed? — A. Tes sir. They were mak- iug a remark about us, that there were a fine body of men going ashore, and if they would stick together, we would marke a good show for a fight. Q. Two citizens? — A. Yes sir. They spoke English, and that is the reason I understood them. Q. Were they talking to you? — ^A, No sir, among themselves. I stood us far as from here to the corner of the table, away from them. One man made the remark that he thought we would scatter too much. Q. What kind of a fight were they talking about; what did you un- derstand they meant? — A. I suppose they had an idea there was going to be a general row. . Q. Did they say so? — A. No sir, only what I heard about the fight; that they would make a good show, if there was a fight. Q. Did you understand from what they said, that there was probably to be a,fight?— A. I could not definitely take it from that, that there was to' be a fight, but I had an idea, and I thought it best to stay sober, and not drink anytljing. Q. Stay sober, in case there should be a fight? — ^A. Yes sir, so that I would have my wits about me, and know what I was doing. Q. Was this crowd that you referred to just now, following you? — ^A. No sir; they partly hung on to me, and partly switched on to Sullivan. Q. How do you mean, hung on to yoa? — A. They surrounded me. Q. What did they do then? — A. They tried to get my money away. Q. Did they take hold of you? — A. They had me by the throat; one man had me by the neckerchief. Q. Who was he?-^A. A citizen. Q. Were they searching you? — A. Yessir, trying to search me; while they were doing that, two policemen, came around and chased them away, and they took me down to where the Intendencia^. Q. Who did? — ^A. These policemen took me down that way, and on the way down, a fellow came up and hit me with a cane again. Q. While the poHce were with you? — A. Yes sir; the police did not seem to chase them-away. They kind of held me there^ and the mob gave me 3 or 4 raps across the head. Q. How did they have you? — A. By the elbows. Q. How many had hold of you? — ^A. Two. Q. One on each side? — A. Yes sir. Q. They held you by the elbows?— A. Yes sir, walking with me. Q. Taldng you to the station-house? — A. Yes sir. Q, Who were these people that assaulted you? — A. Chilanos. " Q. Did the police interfere when these citizens assaulted you?— A. No sir. Q, Did they try to to keep these people away from hitting you or not?— A. No sir, they did not offer no pivtection; they just walked off with me; it was not far from the lutcirt'u'ucia. Q. You were in charge of the police, one on each side holding you?— A. Yes sir. Q. While they were holding you, they let the crowd that was follow- ing yon, strike you?— A. Yes sir. BALTIMORE INQUIRY. ^511 Q. What did they strike you with? — A. With a caiie. Q. Where did they strike you? — ^A. On top of the head. Q. What did the police do? — A. They did nothing; they kept going right on with me, on a sort of a trot like. Q. Did they not try to protect you from the citizens while they had you in charge? — A. ~So sir. I managed to duck my head to evade most of the blows, and the policemen ran away with me, and put me into the gate. I must have got a rap on my head, for I did not remember noth- ing after I got in there. Q. What gate?— tA. The gate of the Intendencia. Q. Who gave you this rap on the head? — ^A. I don't know. Q. Do you mean that by reason of this knock on the head you became unconscious ?*-A. Yes sir. I can remember right to the entrance of the gate, and I cannot remember any further until I left th^re again. Q. Was this knock given you by the police or the crowd that Was' following you? — A. That I can not say. I got it behind. Q. You were in charge of the police ? — A. Yes sir. Q. They had hold of you on each side? — A; Yes sir. Q. fou state you do not remember anything after you got this blow, until you got out pf the Intendencia? — A. No sir, Q. What occurred after leaving that building? What occurred on the way to prison? — A. They got me up about half past 11 or 12 o'clock, somewhere at midnight, from this lower prison, near the Intendencia prison, and got me out on a cart. Q. Who did? — A. Some soldiers. Q. Were they armed? — A. They had side-arms, with a belt on. They put me in a,, oartT Q. Were there any other people in the cart? — A. Yes sir; there was a corpse. Q. What corpse? — A. A dead blue-jacket. Q," BelongiDg to the "Baltimore"? — A. Yes sir. Q. Who was he? — ^A. Biggin, I should judge, from seeing the crow on his arm. Q. What do you mean, the badge of a boatswain's mate? — A. Yes sfr. Q. Had you any doubt that it was Biggin? — A. Not in the least. Q. The body of Biggin was in this cart that they placed you in, to ^ take you to prison? — A. Yes sir. Q. Where did you leave the cart?^A, The cart left me at the Plaza Victoria, and I made sure to see what they were going to do with what was in the cart with me, and I stopped and turned round, the same as I naturally would look, and the cart proceeded up the street, and they put me iu the guard-house. Q. Who did?— A. The guard at the gate. Q. Then the cart went on, as I understand you, with the body of Biggin? — A. Yes sir. Q. How did they treat you in this prison ?^-A. First I was put in tlie guard-house at the entrance to the gate, and then some fellow with a crooked leg that molested me down below, he ^as up there again. Q. Was he a civilian ?^A. Yes sir. He commenced to talk some Spanish to me, but I could not understand. Q. You do not speak Spanish? — A. No sir; he showed me a revolver he had found somewhere, and I kiud of got back out of the way, and he liit me over the head with a stick. Q, What authority did he have there? Was he an official of any 512 RELATIONS "WITH CHILE. tind? — A. Ko sir, lie looked to be a lianger-on, or a loafer. I could not retaliate, there were so many soldiers, and they all had arms. Q. Did they stand by, and allow him to strike you?— A. They were en- joying themselves, laughing at him. Q. Did they interfere to protect you against his assaults?— A. No sir. Q. They allowed him to assault you?— A. Yes sir, Q. Did he strilfe you more than once?— A. Only once. Then I made a noise, and they took me up, and put me along with the rest. Q. What kind of a noise?— A. A rumpus. Q. What for'?— A. I wanted to get out. They put me in a big cell along with my other shipmates. "^ Q. Tou wanted to get out of where?— A. Out of jail; out of this room. * Q. How were you treated, after you were placed in the prison? — ^A. With the rest of the fellows? Q. Yes? — A. All right; I could not complain. Q. Did you see any of these civilians, to whom you have referred, about the prison at that time, after you got locked .up? — ^A. After day- light, the same fellow who hit me came round again. Q. The next morning? — ^A. Yes sir. Q. What did he do then? — ^A. He was cursing the Americans that were there. I think he was an ex- soldier who belonged there; they all knew him. Q. Did they have you in a small cell? — A. In the guard-house. Q. What occurred there? — A. That is where this fellow hit me with a stick, and kind of spat on me. Q. Where were you, behind the door?— A. I was in tfie guard-hoas along with the rest. Q. Were your hands tied? — A. No sir. Q. He spat on you? — ^A. Yes sir, like that (illustrating). Q. Had you any weapon or knife or anything of that kind about you? — A. I had a knife with a broken blade for cutting tobacco^ Q. A pen-knife? — A. Yes sir, a knife with a blade half off. T could not do nothing with it. ^ Q. Had you received any warning prior to going ashore, or after you got ashore, to the effect that there might be trouble there! — ^A. The only warning that I had was, from those two citizens that I have spoken of. Q. What was your condition as to sobriety on that occasion? — A. I was sober. Q. How long did you remain in prison? — A. Until Mr. Sears took me out. Q. Yoxi went to the ship, with the other men when they, were re- leased the next day? — ^A. Yes sir. Q. Did you, at any time, at Valparaiso, to any person there, express your approval of the action of the police on that day? — A. I expressed nothing. (Sgd.) Chs. H. GUTH. United States op America, State and Northern District of CaTifornia, ss: Ij James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of California, do hereby further certify that Charles H. Griith, the witness who subscribed the foregoing deposition, was by me duly sworn; that said deposition was taken on the 11th day of January, A. D. 1892, at the Office Building of the Navy BALTIMORE INQUIRY. 513 Tard at Mare Island, California; that said deposition was taken down in shorthand by stenographers employed for that purpose, and after- wards by them reduced to typewriting, and read over to the witness, and by him declared to be correct, and by him subscribed in my pres- ence. In witness whereof, I have hereunto set my hand this 12th day of January. A. D. 1892. (Sgd.) J. S. Manlet, Commissioner, United States Circuit Court, Northern District of California. DEPOSITION OF ALFEED PPEIPPEE. Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Remey, U. S. M. C, Judge Advocate -General of the U.. S. Navy, by order of the Secretary of the Navy, held at the Ofl&ce' Building of the Navy Tard, Mare Island, California, on the 11th day ot January, A. D., 1892, before me, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of Cal- ifornia, duly appointed and qualified, personally appeared Alfred Pfeif- fer, who, after being duly cautioned and sworn, did depose and say as follows, to-wit: Alfred Ppeiffer, having been duly sworn, testified as follows :: The Judge Advocate-General. — Q. What is your name, rating,, and present station? — A. My name is Alfred Pfeiffer; I am an oiler on. board the U. S. S. " Baltimore ". Q. What is your age? — A. 31. __ ' Q. Were you attached to the " Baltimore " when that vessel was iiii Valparaiso, Chile, in October last?— r A. Yes, sir. / Q. Did you go on shore at Talparaliso, with other members of the crew of the " Baltimore" on the 16th day oi October last?^A. Yes sir. Q. Do you know of any difBculty or disturbance which -occurred at Valparaiso on that day between any Chilean sailors or others, and members of the crew of the " Baltimore" who were on liberty? — ^A. I see a little bit, Q. State all the facts and circumstances within your knowledge, re- lating to any such disturbance or dififtculty? — A. It was about hall past 5 o'clock. I was near the Mole on the right hand side of the street, and some one said there was trouble down on the Mole, between our fellows and some Chileans. I went down there. Q. What time was this? — A. It must have been near .6 o'clock. Q. About dusk? — A. Between half past 5 and 6. I went down there and there was a big mob there; quite a large number of people. Q. About how many? — A. About a couple of himdred, I should judge. Q. What did they consist of ? — A. Citizens. Q. Did you see any Chilean soldiers or sailors ? — ^A. No sir, I did not have much time to Ipok at them at all. I was near the railroad track which crosses the place. I was on the up-town side, and the Mole was on the water side, of the railroad track. As soon as they saw me, they commenced to fire, stones at me. Q. The mob did ?— A. Yes sir. Q. Were you in uniform ? — ^A. I was in uniform. AU I could do was, to take to my heels. Q. Did they close on you ?— A. They chased me for a little bit. i As 33 514 RELATIONS WITH CHILE. ' / . ■ sooii as they saw me, they came across. First the stones came, and then they came after me and chased me. Q. What were you doing ? — A. 1 was doing nothing. Q. Were you molesting anyone ? — A. 'So sir. Q. Were you saying anything ? — A. No sir. Q. Was your conduct orderly ? — A. I was sober and in my fall senses, the same as I am now. Then I went to the left, and ran tor about two blocks, and slowed down, and walked a big distance in the direction of the Plaza Victoria. There I saw Hamilton. He was lying on . the sidewalk with' his head on a door-step. There was a soldier standing over him, and a few more round there. Q. What were they doing? — A. They were not doing anything. Q. Who is Hamilton? — A. A carpenter's mate on board the "Balti- more". I said "Is that you, Johnny?" He said "yes." He was com- plaining about his back. Q. What did he say about his back? — A. He did not say anything. He was just retching. His face was all full of blood. I recognized him by his hair which was white. Q. What did he say when you spoke to him? — ^A. He did not say anything. When I asked him if it was him, he just said 'f yes." He ,had his hand on his side swaying to and fro. I tried to get him away from there and into a drug-store, with the assistance of another shipmate of mine, and they would not allow me to do it. Q. The police would not allow you to do it? — A. TSo sir. Then I walked away from there and walked towards the square a big distance. Q. What square? — A. Near the Plaza Victoria. Q. You walked up towards near the Plaza Victoria? — ^A. Yes sir; there was one mounted and 5 or 6 soldiers; soldiers or police officers. Q. Were they armed? — A. Yes sir. Q. What with? — A. Eifles. The man on horseback had a drawn sword in his hand. They came up and took hold of me. Q. How near were you to the Plaza Victoria then? — A. I could not be very far away from there, because it was only 10 minutes afterwards that they got hold of me that T was inside the prison-door. Q. Were you going in the dfrection of the plaza?— A. Yes sir. Q. Were you making any noise at the time you were arrested? — ^A. 'No sir. Q. Were you molesting anyone? — A. No sir. Q. What were you doing? — A. I was not doing anything. Q. What were you going that way for?— A. To get away from there. Q. Away from where?— A. From the mob. I wanted to go to the better part of the city. Q. You were going to escape from the mob? — ^A. Yes sir. Q. Eunning or walking ?— A. I was running for about two blocks and then I sloped down. Q. You were walking, when you were arrested?— A. Yes sir. Q. Did the police come up in front of you, or behind you? — ^A. In front of me. Q. What did they say?— A. "Come on." Q. Did they take hold of you?— A. Yes sir. Q. How did they treat you?— A. I can not complain. Q. Then they took you to prison? — ^A. Yes sir, Q. How long did you stay in prison?— A. I came up about half past 6, and they searched me, and then I stayed there until after 7 o'clock on Saturday night when Mr Sears took us out. - BALTIMORE INQUIRY. 515 Q. Then you returned to the ship? — A. Yes sir. Q. Had you any arms or weapon, or knife about you at the time? — A. No sir. Q. Were you alone at the time you were arrested? — A. Johnson, the gunner's mate on the "Baltimore", was with me at the time. Q. Was he arrested too, at the same time? — ^A. Tes sir. Q. Was he in" uniform also? — A. Yes sir. Q. Did you have any warning while you were ashore, or prior to going ashore, that there would be probably trouble that day? — ^A. I did, several warnings. Q. By whom? — A. At the places I was in — saloons. Q. That day while you were on shore? — A. Yes sir. . Q. What were the warnings? — ^A. They told me "you had better look out for yourself after dark and keep in doors, as there might be a WTO." Q. There might be a row with whom? — ^A. Between the Chileans and us. Q. What did they expect. What did these people who warned you, say they expected would happen?— A. They expected there would be trouble. ' Q. By whom? What kind of trouble ?r— A. They might tackle us. Q. Who might tackle you?— A. The Chileans. Q. Was that the idea? — ^A. Yes sir. Q. You were warned that you might be attacked that night? — A." They warned us not to be outside after dark, as we might be attacked by the Chileans. Q. What was your , condition as to sobrietj^ that afternoon, and when you were arrested? — ^A. I was sober. I drank nothing but beer myself. Q. How much beer had you drunk? — ^A. 3 or 4 glasses, I guess. Q. What was the condition of Peter Johnson? — ^A. He was sober. Q. Bid you, at any time to any person in Valparaiso express your approval of the action of the Police oil that occasion? — ^A. ^o sir, I never did. (Sgd.) Alfred Pfbipfee. United' States op America, 8tate cmd Northern District of California, ss ; I, James S. Manley, a Commissioner of the Circuit Court of the IJnited States for the Isorthern District of California, do hereby further certify that Alfred F. Pfeiffer, the witness who subscribed the forego- ing deposition, was by me duly sworn; that said deposition was taken on the 11th day of January, A. D. 1892, at the Office Building of the K"avy Yard at Mare Island; that said deposition was taken down in shorthand by stenographers employed for that purpose, and afterwards by them reduced to typewriting, and read over to the witness, and by him declared to be correct, and by him subscribed in my presence. In witness whereof, I "have hereunto set my hand this 12th day of Jamlary, A. D. 1892. (Sgd.) J. S. Manlet, Commissioner, United States Circuit Cowrt, Northern District of California. 516 EELATIONS WITH CHILE. DEPOSITIO]^ OF ADOLPH SWAifSOK Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Eemey, U. S. M. C, Judge Advocate-General of the TJ. S. Navy, by order of the Secretary of the Navy, held at the Office Building of the Navy Yard, Mare Island, California, on the 11th day of January, A. D. 1892, before me, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of California, duly appointed and qualified, personally appeared Adolph Swahson, who, after being duly cautioned and sworn, did depose and say as follows, to wit: Adolph Swawson, having been duly sworn, testified as follows: The Judge Advocatb-Geneeal. — Q. What is your name, rating, and station? — A. My name is Adolph Swanson; I am a seaman on board the "U. S. S. Baltimore". Q. What is your age?— A. 27. Q. Were you attached to the "Baltimore" when she was in Valpa- raiso, Chile, in October last? — ^A. Yes sir. Q. Did you go on liberty with other members of the crew of the "Baltimore" in Valparaiso, on the 16th day of October last? — ^A. Yes sir, I went on liberty with the regular liberty party. Q. Do you know of any difficulty or disturbance which occurred on shore that day, between Chilean sailors, or others, and members of the crew of the "Baltimore" who were on liberty? — ^A. I did not see any. Q. Were you arrested that day? — ^A. Yes sir, Q. By whom and where? — A. I was arrested by the Chilean police in a place called the "Eainbow". ■ Q. About what time was that? — ^A. At about 8 o'clock at night. Q. Who was in there with you?-:— A, There was a big crowd of men from the "Baltimore"- Q. Were they all arrested? — ^A. Yes sir. Q. About 8 o'clock at night? — A/ Yes sir. Q. What were you doing, when you were arrested? — A. We were not doing anything. Q. Were you making any noise or disturbance? — ^A. No sir. Q. 'What did the Chilean police say was the cause of your arrest? , Why did they arrest you? — A. We could not find out. No one could understand Spanish. Q. Just describe the circumstances attending your arrest on that oc- casion by the police.. How were the police armed? — A. They were ajmed with sword bayonets. Q. Go ahead and describe the scene? — A. They came into the saloon where we were, and got hold of some of us, and kind of pushed us out. Q. Out of where?-— A. Out of this place, the " Rainbow ", and made us understand, that they wanted to arrest us. Th>ey took us up to the jail and kept us there. Q. How did they treat you when they were taking you to jail? — A. They were shoving us on; they wanted us to go as fast as they wanted, and pushed us once in awhile. Q. What were they pushing you with? — A. Through the crowd of people there. Q. How did they push you? — A. With their hands. Q. The police pushed you with their hands? — A. Yes sir. BALTIMORE INQUIRY. 517 Q. Did the crowd interfere with you while you were being pushed along? — A. No sir. Q. Did anyone strike you'J^-A. No one struck at me. Q. Were you secured in any way, when you were airested?— A. No sir. Q. Just taken to the station? — A. Yes sir. Q. About what time was this? — ^A. About 8 o'clock at night. Q. Near the restaurant, the "Eainbow"? — A. In the "Eainbow." Q., What is the "Eainbow"? — A. It is a saloon. Q. What was your condition as to sobriety, at that time? — ^A. We were all sober, as far as I could see. Q. How long were you kept in prison? — A. I was kept thepe two days. Q. Thien did you return to the ship? — A. Yes sir. Q. Had you any arms, weapons or knife, or anything of that kind, about you? — A. No sir. Q. Had any of the other members of the crew, to your knowledge! — A. Some of them had pen-knives. Q. How did you know they had? — A. I see them. Q. When did you see them? — ^A. In the jail. Q. You did not see them outside?— A. No sir, I know one had, be- cause he bought one. Q. Where did he have it, when he was in jail. Did he haive it out or in his pocket? — A. Out of his pocket. They took it from him in Jail. Q. WeJe you in uniform ? — A. Yes sir. Q. Were the others to whom you refer, in uniform? — A. Yes sir. Q. Did you at any time, to any person in Valparaiso, express your approval of the action of the police on that occasion? — ^A. No sir, I did not. Q. Did you have any warning ashore, or prior to going ashore, that there might be any difficulty that night? — A. I did. Q. From whom? — A. When we first came ashore, we went to a saloon called the Shakespeare, and the man who keeps the saloon told us he was going to close up at 4 o'clock, as he feared trouble. Q. What time was it, when you left there? — A. Between 3 and 4 o'clock. Q. What trouble did he anticipate? — A. He expected to see some fight. Q. By wliom ? — A. By Chileans and Americans. Q. What did he mean? — A. I don't know. Q. Did he mean that the Americans were ,going to attack the Chil- eans!— A. No sir; the Chileans would attack the Americans, I^ thought. I understood that the Chileans were waiting for the Americans. (Sgd.) Adolph Swanson. United States of America, State and Northern District of California, ss : I, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of CaMfornia, do hereby further cerfify that Adolph Swanson, the witness who subscribed the foregoing deposition, was by me duly sworn; that said deposition was taken on the 11th day of January^, A. D. 1892, at the Office Building of the Navy Yard, at Mare Island, California;^ that said deposition was taken down in shorthand by stenographers employed for that purijoso, and afterwards by them reduced to typewriting, and read over to the wit« 518 RELATIONS WITH CHILE. ness, and by him declared to be correct, and by him subscribed in my presence. In witness whereof, I have hereunto set my hand this 12th day of January, A. D. 1892. (Sgd.) J. S. Manley, Commissioner, United States' Circuit Court, Northern District of California. DEPOSITION OP EDWAED DUNCA^JT. Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Eemey, TJ. S. M. G., Judge Advocate-General of the U. S. Navy, by order of the Secretary of the Navy, Held at the Office Building of the Navy Yard, Mare Island, California, on the 11th day of January, 1892, before me, James S. Manley, a Commissioner of the Cir- cuit Court of the United States for the Northern District of California, diily appointed and qualified, personally appeared Edward Duncan, who, after being duly cautioned and sworn, did depose and say as fol- lows, to wit: Edwaed Duncan, having been duly sworn, testified as follows : The Judge Advocate-GtEneral. — Q. State your name, rating, and present station. — A. My name is Edward Duncan ; I am an ordinary seaman; stationed on the U. S. S. "Baltimore ". Q. What is your age? — A. I am 20 years of age. Q. Were you attached to the U. S. S. "Baltimore", when that vessel was in Valparaiso, Chile, in October last? — A. Yes sir. Q. Did you go on shore on liberty, with other members of the crew of the "Baltimore" at Valparaiso, on the 16th day of October last! — A. Yes sir. Q. Do you know of any difficulty or disturbance that occurred on shore at Valparaiso that day, between Chilean sailors, or others, and members of the crew of the "Baltimore" who were on liberty there! — A. I didn't see any until that night; until we got off the car. Q. State aU the facts and circumstances within your knowledge, re- lating to any such difficulty or disturbance. — A. As soon as we went ashore, we went up to the "Eainbow" Saloon, and we had two bottles- of beer apiece there; and then we went up to eat supper. Q. Who was with you at that time? — A. Seaman Jarre tt. Q. You had two bottles of beer at the "Eainbow" apiece? — A. Yes sir; and then we went up. town to get supper. Q. Did you get supper after you left the Eainbow Saloon?— A. Yes sir. Q. Where did you go for supper ?-v A. We went up towards the Plaza Victoria. Q. You went up towards the Plaza Victoria and got supper. What occurred then? What time was that?— A. That was in the evening, before six o'clock. Q. About six o'clock, was it? — A. Yes sir ; it was very near six o'clock. Q. Was it getting dark ?— A. Yes sir, it was getting dark. We came out of there. It was dark after we left there. Q. Did you get supper there? — A. Yes sir. Q. Then yvhat occurred?— A. When we came out of there, it was near dark, and we got on a street car, and came down again. Q. You got on a street car and came down where? — ^A. Down to- BALTIMORE INQUIRY, 519 wards the Mole; down towards the Rainbow saloon again. We saw son ebody standing in the crowd. It was Nelson, Q, What crowd? — A, There was a crowd of soldiers around Nelson. Q. Who is Nelson? — A, He is a seaman, Q, He is a seaman on the "Baltimore?" — A, Yes sir, of the "Balti- more," Q, You saw a crowd standing about him? — A, Yes sir. Then we got oflf the street car to see what was the matter with him. We didn't hear anything about the row before that. We got of the car to see what was the matter with him; and as soon as we got off, we met three citizens, and they told us we had better go and turn in; that there was a big row, and a couple of our fellows were killed, Q. Did these citizens speak English? — A, Yes sir; they were mer- chant sailors, Q, Were they friendly disposed towards you? — A, Yes sir; they were friendly. They told us to go and turn in, Q, On account of what? — A, To keep us out of the row, Q, Is that what they advised yon? — A, Yes sir; they told us there, was a big row, and for us not to get into it, Q, What was the occasion of their saying that? — A, I don't know; they didn't tell ijs. They just told us there was a row there, Q. Among whom? — ^A, - Among our fellows and the Chileans, And as we were walking away, the police and soldiers surroundeid us, Q. Surrounded who? — A, They surrounded me and Jarrett, Q. About how ipany policemen surrounded you? — ^A, I don't know; there was a big crowd of them. Q, Were there many other people there ? — A, Yes sir ; this square was crowded with citizens besides. It was down near some monument, I don't know the name of it. Q, Down near the Mole? — A, Yes sir^right up from the Mole, As we walked away, they surrounded us. We didn't know whi.t they sur- rounded us for. We didn't do anything. And Jarrett thought he would take a sneak ; run away, Q, Were you both in uniform? — ^A, Yes sir; we were both ia uniform. Q, What did they do y hen they, surrounded you? — A, They just sur- rounded us. We didn't know what they wanted, and Jarrett made a start to run, and I went to follow him. He could mn faster than I could, he got away. I stood and I got hit with a rifle in the ribs. Q, Were you trying to run when they hit you? — A, Yes sir. We didn't know what they would do. One of the men hit me with the butt end of his piece, and I stood; I didn't run any more, Q. Did it hurt you? — A, It did at the time, Q. Did he hit you any more than once? — A, No sir, Jarrett got hit down the street, I didn't see him get hit, Q, What did the police do with you then ? — A. They kept passing us from one to another; and they brought us down to the Mole, I saw Jarrett coming back with his face split here, (showing); his nose split, where he got struck, Q, The police passed you from one to another, going from where? — A, Going down to the Mole, Just before we got to the Mole, there was a couple of citizens around there, and they pulled revolvers out, and got around us right in front of a little tobacc)) store, Q, What did they do? — ^A. They pulled revolvers out, and pointed them in our faces, Q. Were the revolvers loaded? — ^A, I don't know. . Q. What did they say? — A, I couldn't understand what they said. It was in their own language. 520 / RELATIONS WITH CHILE. Q. What did they do then?— A. They passed us down the dock. They got Nelson, Sullivan, Jarrett, Christie and myself together; and took us all. They put catgut around our wrists, and took us up to the police station. Q. Who was it took you there?— A. The policemen. Q. Not the citizens with the revolvers?— A. No sir. Q. Were the poUcemen present when the citizens were there with revolvers? — A. Yea sir, they were all around us, passing us down. Q. What were^he citizens doing? Were they acting with the police or not?— A. I don't know. I guess they were with the police. There was one of them came up as far as the jail with us. Q. Whatdidhedo?— A. The same man that pulled a revolver in front of our faces, we seen around the next day in jail. The boy Hodge was standing at the door of the cell in the jaU, I don't know what he was saying, and the citizens pulled a revolver out, and shoved it in through the bars at him. Patrick O'NeD and Sullivan were there. Q. Did you see it? — ^A. Yes sir. Q. Why did he do that? — A. I don't know. I suppose he thought riodge could speak Spanish, and would not speak to him. Q. How did they treat you after they arrested you, and while they were taking you to the jail? — A. They didn't treat us exactly right. Q. How did they treat you? — A. They kept jerking on my arm, pull- ing my arm. Q. Wlio did? — A. The policeman that had me. Q„ The policeman that had you kept pulling you .by the catgut on your wrist? — A. Yes sir. I was walking as fast as I could. Q. Did you make any resistance? — A. No sir. Q. Were you walking as well as you could? — A. Yes sir. Q. Why did he pull and haul you then? — ^A. I don't know. He kept pulling, and speaMng in his own language, cursing, I guess. Q. Were any assaults made on you wMle yon were going to prison in charge of the policeman ? — ^A. No sir, only by his pulling on my wrist. Q. Did anybody assault you? — A. Yes sir. Jarrett came up to speak to me as we were going to jail, and as soon as he spoke to me a police- man bit him in the head. Q. Were' you assaulted by any person in the crowd, as you went along with the poUce? — ^A. No sir. Q. Did you have any weapons, knives or arms with you on that oc- casion? — A. No, sir. Q. Did any other members of the crew of the " Baltimore," to your knowledge? — A. No sir; not that I know of. Q. What was your condition as to sobriety at the time? — ^A. I was perfectly sober, sir. I had only had two bottles of beer all day. Q. What was the condition of Jarrett as to sobriety? — A. Jarrett was just the same; perfectly sober. We were together all the time. We left the ship together. Q. Was he drunk or sober? — A. He was sober. Q. Did you at any time at Valparaiso, to any person there express your approva-l of the action of the police on that occasion ? — A. No sir. I didn't speak to anybody about the police at all. (Sgd.) E. Duncan. United States op Ambeioa, State and Northern District of California, ss: I, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of California, do hereby further BALTIMOEE INQUIRY. 521 certify that Edward Dundan, tlie witness who Subscribed the foregoing deposition, was by me duly sworn ; that said deposition was taken on the 11th day of January, A. D. 1892, at the Office Building of the Navy Yard at Mare Island, California; that said deposition was taken down in shorthand by stenographers employed for that purpose, and after- wards by them reduced to typewriting, and read over to the witness, and by him declared to be correct, and by him subscribed in my presence. In witness whereof, I have hereunto set my hand this 12th day ol January, A. D. 1892. (Sgd.) J. S. Manley, Commissioner, United States GircvAt Court, Northern District of California. DEPOSITION OF HENET CUNNINGHAM. Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Eemey, U. S. M. C, Judge Advbcate-General of the U. S. Navy, by order of the Secretary of the Navy, held at the Office Build- ing of the Navy Yard, Mare Island, California, on the 11th day of Janu- ary, 1892, before me, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of California, duly appointed and qualified, personally appeared Henry Cunningham, who, after being duly cautioned and sworn, did depose and say as follows, to- wit: \ Henkt Cunningham, having been duly sworn, testified as follows: The Judge Advocate-General.— Q. What is your name, rating, and present station? — A. Henry Cunningham; seaman apprentice, second class; on the U. S. S. "Baltimore". Q. What is your age? — A. I. am eighteen years of age. Q. Were you attached to the U. S. S. " Baltimore." when that vessel was at Valparaiso, Chile, in October last? — A. Yes sir. Q. Did you go on shore on liberty with other members of the crew of the "Baltimore" at Valparaiso, on the 16th day of October last? — ^A. Yes sir. Q. Do you know of any difficulty or disturbance which occurred on shore that day at Valparaiso, between Chilean sailors or others, and members of the crew of the " Baltimore " who were on liberty th ere ? — A. No sir; only what I heard when I was in the Jail. Q. You didn't see any difficulty or disturbance there that day? — A. No sir. Q. Were you arrested that day? — A. Yes sir. Q. By whom and where were you arrested? — A. I was arrested by a policeman and citizens' in the Eainbow Saloon. Q. About what time was that? — A. Between eight and nine o'clock. <3. Tn the evening? — A. Yes sir. Q. What were you arrested for? — A. I don't know. Q. What were you doing? — A, I was sitting down in a saloon. Q. Were you making any noise or disturbance? — A. No sir. Q. Had you been disorderly in any way? — A. No sir; we had just come in the saloon. Q. Who were with you? — A. There were six men all told. Q. Belonging to the "Baltimore"?— A. Yes sir. Q. You were not molesting anybody, or making any noise or dis- turbance? — ^A. No sir. I have not found out yet what I was arrested for. 522 EELATIONS WITH CHILE, Q . Did the police tell you ? — A. No sir. Q. State all the circurastiinces of your arrest? — A. "We just came into the saloon, and had not been in there more than about two min- utes, when some policemen and some citizens came in there, and told us we woulil have to go up to the Jail with them. We went out with them, and they brought us up to the Jail. Q. They arrested you there in the saloon? — A. Yes sir. Q. What did they do when they arrested you? How did the police- men treat you'i — A. Well, t^ere was one of our men tried to get away, and there was a citizen pulled out a revolver and pointed it at him. Q. Wliat man was it that tried to get away? — A. It was Swanson. Q. Swanson tried to get away? — A. Yes sir. Q. He started to leave the room? — ^. Yes sir. Q. And a citizen pulled a revolver and pointed it at him? — A. Yes sir. Q. Did Swanson stop, then? — A. Yes sir. Q. What did the policemen do when they arrested you? How did they Jlrrest you? — A. They told us to come along, and we followed them. One got on each side of us. Q. Did they take hold of you? — A. Yes sir. Q. How did they take hold of you? — ^A, By the arm; one on each arm, and they took us along the street, up to the jail. Q. Did they put any handcuffs on you, or anything of that kind? — A. '^o sir. Q. How did they treat you on the way to jail? — A. They treated us civilly. Q. Were you assaulted at all on the way to the jail, by any person? — A. No sir; I was not assaulted while I was ashore. Q. And you didn't see- any other person assaulted, as I understand you? — A. No sir. Q. How long were you in prison? — A. I don't exactly remember; I didn't keep any date of it. Q. Were you brought off by Mr. Sears later?— A. I was one of the last ones brought off. Q. About how long were you in prison ? — A. Four or five days. Q. Were you informed what you were charged with? — A. No sir. Q. Had you any arms, weapons or knives about you at 4;he time? — A, Well, they had one doVn against me, but I never seen it. Q. Did you have any weapon or knife with you going ashore? — A. No sir, not going ashore. Q. Did you have any afterwards? — A. 1 bought a small penknife while I Avas ashore. Q. What kind of a penknife was it? Describe it?— A. It was a pearl handled knife. Q. How large a knife was it?— A. It was about two and a half inches long. Q. The whole thing, about two and a half inches long?— A. Yes sir; I should say it was that length. It was a small knife. .Q. When did you buy it?— A. That was in the afternoon; just after we came ashore. • Q. What did you buy it for?— A. Well, I needed a small knife, sir. Q. What for?— A. For my fingers, and cutting tobacco. ' Q. Did you buy it to use on shore that day in any way?— A. No sir; I bought it because I needed it on board ship. Q. What became of that penknife?— A. When they took us up to the. Jail, they took my money and this knife away from me. BALTIMORE INQUIRY. 523 Q. That was this small penknife that you have described'? — A. Yes, sir; a pearl handle knife, about two and a half inches long. Q. How many blades did it have? — ^A. It had four blades. Q. They took this knife away from you in the Jail? — A. Yes sir. Q. And what else? — ^A. One pound in money. Q. Did you have any other knife about you? — A. l^To sir. Q. Was anything said to you about any other knife than this pen- knife? — A. Yes sir; up to the Court, when they were trying us up there, they charged a big knife against me. Q. Then I understand you that you had but the one knife about your person about the time you were arrested? — ^A. Yes sir; only one knife. Q. And that was this penknife that you have described? — ^A. Yes sir, a small penknife. Q. Which you bought on shore that day? — A. Yes sir. ' Q.^ You are positive of that? — j^. Yes sir. Q.' Were you in uniform at the time you were arrested? — A. Yes sir. Q. Were the others with you in uniform also? — ^A. Yes sir; everyone of them was in uniform. Q. What was the condition of the others, the other members of the crew of the "Baltimore" that were with you, as to sobriety? — ^A. Every one of them was sober, sir. Q. What was your condition; were you sober or drunk? — A. I was sober. Q. Did you have any warning that day when you went ashore, or after you got ashore, that there might be trouble that night? — A. No sir. Q. Did you express your approval to any person at Valparaiso, as to the action of the pohce there on that day? — ^A. iNo sir. (Sgd.) , I H. Cunningham. United States op America, State and Northern District of California, ss : I, James S.Manley, a Commissioner of the Circuit Court of the United States for the IJTorthern District of California,do hereby further certify that Henry Cunningham, the witness who subscribed theforegoing deposition, was bymeduly sworn; that said deposition was taken on the 11th. day of January, A. D., 1892, at the Office BuUding of the Kavy Yard at Mare Island, California; that said deposition was taken down in shorthand by stenographers employed for that purpose, and afterwards by them re- duced to typewriting, and read over to the witness, and by him de- clared to be correct, and by him subscribed in my presence. , In witness whereof, I have hereunto set my hand this 12th day of January, A. D. 1892. (Sgd.) J. S. Manley, Oommissioner, United States Circuit Court j Northern District of California. DEPOSITION OF WILLIAM H. NICHOLS. Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Eemey, U. S. M. C, Judge Advocate-General of the U. S. Navy, by order of the Secretary of the Navy, held at the office Building of the Navy Yard, Mare Island, California, on the 11th. day of January, 18^2, before me, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of Cali- fornia, duly appointed and qualified, personally appeared WiUiam H. 524 RELATIONS WITH CHILE. Nicliols, who after being duly cautioned and sworn, did depose and say as follows, to-wil : William H. Nichols, having been duly sworn, testified as follows: The Judge Advocatb-GEnekal. — Q. State your name, rating, and present station. — A. My name is "William H. Mohols; I am seaman apprentice, second-class, on the U. S. S. "Baltimore." Q. What is your age?— A. My age is a little over 18 years. Q. Were you attached to the "Baltimore" when that vessel was in Valparaiso, Chile, in October last? — ^A. Yes, sir. Q. Did you go on shore on liberty with the other members of the crew of the "Baltimore" on the 16th of October last? — ^A. Yes, sir. Q. Do you know of any difficulty or disturbance which occurred on shore at Valparaiso that day, between Chilean sailors or others, and members of the crew of the "Baltimore" who were on liberty there? — \ A. No, sir; I didn't see any of it. Q. Were yoxt arrested that day, and if so, by whom, and where were you arrested? — A. I was arrested that evening. Q. Where and when? — ^A. In the saloon called the "Eainbow." I don't know the name of the street, though, Q. About what time was it? — ^A. It was a little after dark; I couldn't say the exact time. Q. By whom were you arrested? — ^A. Well, there were officers, and there were some citizens there. Q. What officers? — A. They looked like army officers. Q, Were they armed?— A. Yes sir; they had swords on, and some of them were on horseback. Q. What were they; Chilians? — A. Yes sir, they were Chilian offi- cers. Q. You were in the saloon?— A. Yes sir; there were seven of us there in the saloon. Q. What were you doing whet you were arrested? — ^A. We just got in there. Q. Had you been molesting any person, or committing any offijnse?— A, No sir. Q. Were you disorderly?- A. No sir; there were none of us disor- derly. Q. State the circumstances of the arrest. What occurred there? - A. Well, we were in that saloon, and we. met this man Sullivan. Q. Sullivan of the "Baltimore" ?— A. Yes sir. J. Sullivan of the Bal- timore. Q. Was he in there?— A. Yes sir; he came in therej and he had a cut over his eye here, (showing) ; and he was bleeding. We asked him what was the matter; and he said he just got chased by a mob. , The man that owns the saloon looked out of the door and he couldn't see any mob coming up the street; and we stayed in there for a few minutes, and we heard some whistles, and in a few minutes more; a policeman with whiskers on his face came in, and he told the manager of the place, who could talk English, that he wanted us to go along with him. Q, Was he armed?— A. Yes, sir; he had a sword. There was about forty of them. They were citizens, supposed to be detectives. Q, How were the citizens? Did they have any arms? — A, There was a young fellow, not more than 20 years old, had a pistol. Q. Did you see any other citizens, other than the policemen, have any bayonets? Any of the others, except the soldiers and policemen?— Ai No, sir. BALTIMOEE INQUIEY. 525 Q. Did they have bayonets? — A. The soldiers and policemen had bayonets. Q. Go on? — A. We walked up to the station house, and we were not molested on the way up. We were taken into the station house, and • our names were taken, and thpy searched us and took our money; and put us in the cells. Q. How did the policemen treat you from the time they arrested you f while they were taking you to the Jail? — ^A. The policemen did not have much to do with us. They did not molest us any. Q. How were you treated? — A. We were treated very well, as far as I could see. I didn't like the food; nor did anybody else. Q. That was at the prison? — A. Yes sir; that was at the prison. Q. But you were not assaulted by any person on the way to the prison? — A. No sir. Q. The policemen treated you properly, did they? — A. Yes sir; they didn't molest us at all. They just took us to the station house. Q. Were you secured in any way when you were taken to the station house; did the police have hold of you on the way? — ^A. No sir. Cass led the way, and I followed Cass. There was one on each side of Cass; and there was one alongside of me. Q. Did he take hold of you?— A. No sir. Q. Had you any arms, knives or weapons about you at the time you were arrested? — A. No sir. Q. Were you in uniform? — ^A. Yes sir. ' Q. Was Oass and the others arrested with you, in uniform? — A. Yes sir ; we were all in uniform. v Q. What was the character of the mob that you saw there? — A. I didn't see any mob except the policemen. Sullivan said there was a mob. Q. I understood you to say there was a lot of citizens too? — A. No sir; Sullivan said there was, but we. could not see any. Q. What was your condition as to sobriety at the time? — A. I had not drank anything at all at the time. Q. What was the condition of the members of the crew that were with you? — A. Cass and I were together, and we had not drank any- thing at the time; ,iand the others were perfectly sober too. Q. Did you express your approval of the action of the police there at Valparaiso on that occasion, that day, to any person? — ^A. No sir. (Sgd.) William H. Nichols. - TJnited States op America, State and Northern District of California, ss: I, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of California, do hereby fur- ther certify that William H. Nichols, the witness who subscribed the foregoing deposition, was by me duly sworn; that said deposition was taken on the 11th. day of January, A. D. 1892, at the Ofllce Building of the Navy Yard at Mare Island, California; that said deposition was taken down in shorthand by stenographers employed for that purpose, and afterwards by them reduced to typewriting, and read over to the witness, and by him declared to be correct, and by him subscribed in my presence. In witness whereof, I have hereunto set my hand this 12th day of January, A. D. 1892, (Sgd.) J. S. Manley, , Commissioner, United States Circuit Court, Northern District of California^ 526 EELATIONS WITH CHILE. DEPOSITION OP HENRY CASS. . Be it remembered, that at the above-entitled examination, condacted by Colonel W. B. Eemey, U. S. M. C, Judge Advocate -General of the U. S. Navy, by order of the Secretary of Navy, held at the Office Build- ing of the Navy Yard, Mare Island, California, on the 11th day of Jan- uary, 1892, before me, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of California, duly appointed and quahfled, personally appeared Henry Cass, who, -after beiAg duly cautioned and sworn, did depose and say as follows, to-wit: Henry Cass, having been duly sworn, testified as follows : The Judge Advocate - Geneeal. — Q, State your name, rating, and present station. — A. Henry Cass; seaman apprentice, flrst-class; TJ. S. S. "Baltimore." Q. How old are you? — A. I was twenty years old last April. Q. Were you attached to the U. S. S. "Baltimore," when she was in Valparaiso, Chile, in October last? — ^A. Yes sir. Q. Did you go ashore on liberty with other members of the crew of the "Baltimore" on the 16th day of October last? — ^A. Yes sir. Q. Do you know of any difficulty or disturbance that occurred on shore at Valparaiso that day, between the Chilean sailors or others, and members of the crew of the "Baltimore" who were on liberty there? — A. No sir; I didn't see any. Q. You didn't see any difilciilty or disturbance there? — ^A. No sir. _ Q. Were fou arrested there that day? — ^A. Yes sir. ~ Q. At what time were you arrested, and by whom and where? — ^A. I was arrested about six o'clock, as near as I could judge, by a policeman ; and there were two citizens with the policeman, and they came into a small saloon, and arrested seven of us altogether. Q. They came into what saloon? — ^A. In the Rainbow, they call it. Q. What were you doiag in the Rainbow saloon when they arrested you? — ^A. We Avere sitting down there talking. Q. Had you committed any ofieiise, or created any disturbance? — ^A. No sir. Q. Had you been disorderly outside, or inside the saloon? — ^A. No sir. Q. Did they teU you why they arrested you? Did the police teU you why they arrested you? — ^A. No sir. Q. State the circumstances attending the arrest? — A. There were seven of us men sitting in there; six besides myself; all members of the crew of the "Baltimore." We were talking there, and pretty soon the door opened, and these policemen came in and took us out, and took us to the police station. The proprietor of the place said that we had better go and not raise any disturbance; and we went. Q. How did they treat you while they were taking you to the station house?— A. They never said a thing. We walked right to the station with them. There was one boy walked a little ahead of the others, and there was one of the citizens pulled a pistol on him. Q. What did he do that for?— A. Because he was walking too fast: getting ahead of us. Q. One of the citizens pulled a pistol on him? — ^A. Yes sir. Q. Did he stop then?— A. Yes sir, he stopped and walked along at the same pace we were walking. Q. Were you secured in any way whUe you were going to the prison ?— A. No sir. Q. Where were the police, with reference to you, when you were going BALTIMORE INQUIRY. 527 to the Station house? — A. They were in the jroad, and we were on the sidewalk ; walking to the station. Q.- How were you treated at the prison? — A. We were treated very well. Q. How long did you remain there? — A. Five days. Q. Then you retvirned to the ship ? — A. Yes sir. Q. Were you assaulted at all at any time while you were there on shore? — A. No sir. Q. As I understand you, you didn't see any other members of the crew of the "Baltimore" assaulted? — A. K"o sir. Q. What was your condition as to sobriety at that time? — ^A. I was sober. Q. What was the condition of the others that were with you ? — ^A. The others that were arrested with me were all sober. Q. Had you any arms, weapons or knives about you at the time? — A. No sir. Q. Were you in uniform ? — A. Yes sir. Q. Were the other six that were with you in uniform? — A. Yes sir. Q. Had you any warning on shore that there might be trouble there that evening? — A. No sir; I hadn't heard anything about it. Q. Did you at any time, to a'hy person at Valparaiso, express your approval of the action of the police on that occasion? — ^A. No sir. (Sgd.) Hbnet Cass. United States op America, , State and Northern District of California, ss: I, James S. Mauley, a Commissioner of the Circuit Court of the United States for the Northern District of California, do hereby further certify that Henry Cass, the witness who subscribed the foregoing deposition, was by me duly sworn ; that said deposition was taken on the 11th day of January, A. D. 1892, at the Office Building of the Navy Yard at Mare Island, California; that said deposition was taken down in short- hand by stenographers employed for that purpose, and afterwards by them reduced to type-writing, and read over to the witness, and by him declared to be correct, and by him subscribed in my presence. In witness whereof, I have hereunto set my hand this 12th day of January, A. D. 1892. (Sgd.) J. S. Manlby, Commissioner, United States Circuit Court, Northern District of California. ft DEPOSITION OP HENEY C. JAEEETT. Be it remembered, that at the above-entitjed examination, conducted by Colonel W. B. Eemey, U. S. M. C, Judge Advocate-General of the U. S. Navy, by order of the Secretary of the Navy, held at the OfBce Building of the Navy Yard, Mare Island, California, on the 11th day of January, 1892, before me, James S. Manley, a Commissioner of the Cir- cuit Court of the United States for the Northern District of CaMfomia, duly appointed and qualified, personally appeared Henry 0. Jarrett, who, after being duly cautioned and sworn, did d.epose and say as fol- lows, to wit: Henry C. Jarrett, having been duly sworn, testified as follows : The Judge Advocate-General. — Q. State your name, rating and present station? — A. Henry C. Jarrett; seaman on the "U. S. S. Bal- timore." 528 RELATlONfe WITH CHILE. Q. "What is your age? — A. My age is 24 years. Q. Were you atUched to' the "U. S. S. Baltimore" when that vessel was at Valparaiso, Chile, in October last? — A. Yes sir. Q. Did you go on store on liberty with other members of the crew of the "Baltimore" at Valparaiso, on the 16ti day of Octoberrlast?— ^ A. Yes sir. Q. Do you know of any difficulty or disturbance occurring on shore at Valparaiso that day^ between Chilean sailors or others, and members of the crew of the "Baltimore" on liberty there?— A. Yes sir. Q. State all the facts and circumstances within your knowledge, re- lating to such disturbance or difficulty. Go ahead and state what you saw. — A. We went ashore on liberty, at about half past one in the after- noon, and walked up from the Mole, past- the monument. Q. What time do you say it was that you went ashore? — ^A. In tbe neighborhood of one or two o'clock ; I couldn't tell the exact time. I turned to the left, and walked up as far as the office of the Mercurio, the Chilian newspaper there. Q. Which way is that? — A. That is to the left. We got up there, and we turned around and came down past the Mole again, and went into a saloon kept by a man by the naiqe of Johnson; better known as the "Rainbow" amongst sailor men. We stayed in there, I suppose, about two hours, or two hours and a half. Q. Who was with you? — A. A young fellow by the name of Duncan was with me. While we were in there, we each had two small bottles of beer; and we playeu cards the rest of the afternoon. We went out of there to the Plaza Victoria, to a restaurant, and had our supper. That consumed probably an hour or an hour and a half. Then we came down and took a street car, and got off opposite the Pratt Monument. We got off there, and I saw some sort of a demonstration was going on. Q. About what time was that when you got there? — A. That was about half past six o'clock, or a quarter to seven, I think: somewhrae in that neighborljLOod. I saw a crowd gathered around there, and policemen with several of our men. And we started to walk in the opposite direction, towards the Mole. Q. You saw some of your men in where? — ^A. In this line of police. Q. The police had charge of them 1 — A. Yes sir ; and we walked in the direction of the Mole, and we got down as far as a tobacco store, and we were stopped there by several civilians. One of them had a re- volver in his hand, and he ordered us to go back into this line. Q. He ordered you to go back in this line with the men that had been arrested? — A. Yes sir. Q. You had not been in the line? — A. No sir. Q. When you say that h^ ordered you to go back into the line, you mean that he ordered you to go into the line?— A. Yes sir. We were jolted up there; they were h/indling the men roughly, and I sung out to Duncan, " follow me," and I made a break. I can't exactly name the street, but it is the first street above the railroad track. Q. Which way did you go?— A. I went down to the right. Q. You made a break to get away?— A. Yes sir. Q. What for? — A. To get away from the crowd. Q. What crowd? — A. The policemen. Q. You say they were handling you roughly? — A. Yes sir. ■ Q. What were they doing?— A. They were knocking the men around in all directions, shoving them from one side to the other: hitting them with guns and everything else. BALTIMORE INQUIRY. 529 Q. What men? — ^A. Our men. Q. The men with you? — ^A. The men that they had in there before we came there. Q. The men they had there in the line before you came up? — ^A. Yes sir. Q. What did they do to you? — ^A. Well, they hadn't time to do any- thing to me before I made that start. Q. You ran? — A. Yes sir,-^ I ran about three hundred yards, I think; and I was stopped by several people, civilians. Q. Were they armed? — ^A. Yes sir; two of them had revolvers. Q. How did they stop you? What did they do? — ^A. They came out ip the street, and spread out in a line, and raised their arms in a threat- ening gesture, as if they Would shoot. • Q. Did they have their arms in their hands?— ^ A. Yes sir. Q. Did they point them at you? — ^A. No sir; they held them up like that. (Showing). Q. They spoke in Spanish? — A. Yes su\ Q. Could you understand them?^A. Ko sir. I no sooner stopped than there was a captain, he had three gold bands around his cap, drew his sword out, and struck me ten or fifteen times as hard as he could. Q. Were you standing there in front of the hne? — ^A. Yes sir. Q. Were you standing still? — ^A. Yes sir. Q. Were you resisting, or trying to escape or leave there? — ^A. Ifo sir. ' ' Q. This officer came up to you with a sword? — ^A. Yes sir. Q. And he struck you several times with it? — ^A. Yes sir, with the flat of the sword. Q. Did he wound you or cause any injuries ?^A. Ko sir. It was very painful for the time I was in Jail. I didn't feel it when I came on the ship, five days later. After he got through beating me, he shoved me to one side, and there was one of these civilians stepped up and spat-at me, and I struck him. Q. He was in the crowd? — A. Yes sir. Q. Was he one of the men who had a revolver? — A. I couldn't say. Q. He spat at you? — ^A. Yes sir. Q. How close was he to you? — A. I suppose he was about four or five feet from me. He spat at me, and I struck him. Then there was a soldier, or policeman, I can't say which. The light was very poor there ; in fact it was very dark. This soldier or policeman stepped forward with a gun, with a fixed bayonet, and he made a jab at me, and it struck me in the left side of the nostril here. (Showing.) Q. He stuck it in your face? — A. Yes sir. I think his intention was to stick it in my ^e. Q. Where did he strike you? — A. Here in the left side of the face. (Showing.) Q. Is that the scar you are pointing to now? — ^A. Yes sir. Q. Did it go through? — ^A. I can't say. It pained me very badly for quite a while. I didn't go to the doctor with it. ' It was very sore, but it healed up itself. Q. Were you resisting at the time? — ^A. ITo sir; I only struck the other man, when he spat at me. Q. How long after that was it, when the soldier or policeman ran the bayonet in your face?— A. It was immediately on my striking this man, sir. 34 530 RELATIONS WITH CHILE. Q. Did you see any other persons besides soldiers and policemen there? — A. No sir. Q. How large a crowd was there? — A. About ten or fifteen. , Q. In this party?— A. Yes sir. Q. Wasn't there a larger crowd there than that?— A. Yes sir^ they were flocking there all the time. Q. What kind of people were there?— A. Mostly civilians and raga- muffins. Q. Were they crying out?— A. No sir. Q. What did they do with you then?— A. They carried us back to the Pratt Monument ; and there were Duncan, Sulhvan, Nelson, Christie and myself. , , Q. These other men belonged to the crew of the "Baltmiore"?- A. Yes sir. Q.'What did they do then?— A. They carried us up to the police station. Q. How did they treat you while they were conducting you to the prison from where you were arrested? — ^A. I was struck twice. Q, By whom? — ^A. Once by the man that was conducting Duncan, Q. Who was this man? — A. He was a policeman. Q. What did he strike you with ? — ^A. He struck me with his clenched fist. Q. What for?— A. I don't know. Q. Were you secured in any way while they were taking you to the prison? — A. They had a leather thong around my wrist, with a stick to it. Q. The man was holding on to it?— A. Yes sir. Q. What did the other man do? — ^A. The policeman struck me once, he didn't strike me until the one right before me struck me. Q. Were you going along quietly? — ^A. Yes sir, I was going along quietly. I was pretty badly dazed anyhow. This man took the paina to throw up the chamber of his carbine, to show me that it was fdU of cartridges, and I knew that resistance would be of no use. That was about all that happened until we got to the station house. Q. How long were you kept in prison? — ^A. From the 16th until the •21st, I think. Q. How did they treat you while you were in prison? — A. Well, there was nothing to complain of there, except we were forced to lie on the stones. Q. Were you in uniform at the time you were arrested? — A. Yes sir. Q. Were the other men of the "Baltimore" in uniform at the time? — A. Yes sir ; all who were arrested were in uniform. Q. Had you been warned that there was trouble to be expected that night? — A. While we were in the Eainbow, there was a young Eng- lishman, a clerk in a hardware store, came in there, and told us that a great many of the Chilean army and navy that had been discharged, and were waiting for gratification money were very hostile towards our men, especially to the men of the "Baltimore". Q. Hostile towards you? — ^A. Hostile towards the "Baltimore's" crew. Q. What did he say further, if anything? — A. That is all he said. I told him I didn't know of any reason for their being hostile ; that prob- ably if they molested us, without being molested, they would get in trouble. That was all that was said. But afterwards, the last words hesaidto'mewere, "Look out for yourself, anyhow"; and he walked out. BALTIMORE INQUIRY. 531 Q. What was your condition as to sobriety at the time? — A. I was perfectly sober. Q. What was the condition of the other men of the " Baltimore " who were with you? — A. J. can vouch for Duncan, the man that was with me all the time, being sober. The others, I was simply arrested with them at the time. I didn't know anything about them previous. Q. At that time, did you notice them'? — A. Yes sir; they all appeared to be sober. They knew what they were doing. Q. Did you notice any signs of drunkenness on them? — ^A. ISo sir; they aU appeared to be sober. Q. Did you at any time in Valparaiso, to any person, express your approval of the action of the police on that occasion? — A. No sir. (Sgd.) ' Henry C. Jakeett. United States op America, State and Northern District of California, ss: I, James S. Manley^ a Commissioner ojf the Circuit Court of the United ' States for the Northern District of Cali&rnia, do hereby further certify that Henry C. Jarrett, the witness who-subscribed the foregoing depo- sition was by me duly sworn; that said deposition was taken on the 11th day of January, A. D. 1892, at the Oifice Building of the Navy Yard at Mare Island, California; that said deposition was taken down in shorthand by stenographers employed for that purpose, and afterr wards by them reduced to typewriting, and read over to the witness, and by him declared to be correct, and by him subscribed in my pres- ence. In witness whereof, I have hereunto set my hand this 12th day of January, A. D. 1892. (Sgd.) J. S. Manley, Commissioner, United States Circuit Court, Northern District of California. DEPOSITION OF OLAF WETTELAND. Be it remembered, that at the above entitled examination conducted by Colonel W. B. Eemey, U. S. M. C, Judge Advocate-General of the U. S. Navy, by order of the Secretary of the Navy^ held at the Office Building of the Navy Yard, Mare Island, CaUfornia, on the 11th day of January, 1892, before me, James S. Manley, a Commissioner of the Cir- cuit Court of the United States for the If orthern District of CaMfomia, duly appointed and quahfled, personally appeared Olaf Wetteland, who, after being duly cautioned and sworn, did depose and say as foUows, to-wit: Olaf Wetteland, having been duly sworn, testified as foUows: The Judge Advocate-General. — Q. Slate your name, rating, and present station. — A. Olaf Wetteland; boatswain's mate, U. S. S. " Balti- more." Q. What is your age? — A. I am 28 years of age. Q. Were you attached to the U. S. S. "Baltimore" when that vesBel was in Valparaiso, Chile, in October last? — A. Yes sir. Q^. ' Did you go on shore on liberty with other members of the crew of the Baltimore^ at Valparaiso, on the 16th day of October last? — A. Yes sir. ' Q. Do you know of any difficulty or disturbance that occurred on 532 , RELATIONS WITH CHILE. shore tTiat day at Valparaiso, between any Chilean sailors, of others, and members of the crew of the " Baltimore" who were on liberty there? — A. 'So sir; only what I was told. Q. Were yon arrested that day? — ^A. Tes sir. Q. At what time were yon arrested? — ^A. About eight o'clock ia the evening. Q. By whom were yon arrested? — A. I was arrested by the police. Q. Where were you arrested? — A. In a barroom called the "Eain- bow". Q. State the circumstances of the arrest? — ^A. Well, me and three others came down from the Plaza Victoria. We had been up there to see a play, Cleary's Opera Company. We found out about seven o'clock ; between seven and eight o'clock; that there was g'oiiig to be no play. We were sitting in a French caf^, and while we were sitting there, a man by the name of Stuart came in. Q. Is that the Rainbow saloon that you refer to? — A. So sir. That is up near the Plaza Victoria. Stewart came in and he told us that there was trouble down town, smd for us not to go down. He was in citizen's clothes. Q. Stewart Avas? — A. Tes sir, he was in citizen's clothes at the time. Well, ,we didtft take any stock in what he said, but when we found out there was going to be no play, we got up and walked down town. On our way down town, we stopped, at the hotel, and one of our m©n by the name of F. G-. Williams, left us. He left us and went to' sleep there. On our way down, when we got down to the Exchange, on Calle Cochran, we met fpur more. We were then seven altogether; and we went into a restaurant. Q. You met four more of the crew of the "Baltimore"? — ^A. Four more of the "Baltimore's" crew, yes sir. We went into the restaurant, and had a drink in there, and a Chilean oflcer told us to go aboard. Q. He told us to go aboard the ship? — ^A, Yes sir, but we didn't go. -Q. Was he an army officer? — A. Yes sir; he was an army ofBcer. Q. Did he say why you should go aboard ship? — ^A. N^o sir. He was trying to explain something to^us, but we didn't understand him. Q. Was he in uniform? — A. Yes sir. Q. Did he have a sword?— A. Yes sir. WeU, we left that place and went down to the " Rainbow", just below that on the same street. We went in there, the seven of us, to have a drink. We hadn't a chance to call for the diiinks before the policemen came in and arrested us, and marched us off to jail. Q. State the circumstances attending the arrest; how you were ar- rested ? State all that occurred from the time that you were arrested ? — A. They came in there and spoke to the man who kept the barroom, and he told us, " Boys, I can't serve you. You have to go to jail. The police want you." We said, "all right"; we were all sober, and we didn't make any resistance whatever. Q. What had you ordered ?— A. We had something to drink before that, but not in there. Q. What had you been drinking?— A. We had been drinking beer. Q. Nothing stronger?- A. Yes sir; we had been drinking Malaga wine too. Q. How many of the police were there?— A. There was one officer with a sword on, and there was three or four policemen: and some citizens joined them after we got outside. Q. How were the police armed ?— A. The police were armed with sword bayonets. BALTIMORE INQUIRY. ' . 533 Q. Did you see any otlier people about with bayonets, besides the police? — A. I^J'osir. ' Q. That day or night?— A. No sir. On our way up to the jail, they punched us in the back several times for not walking fast enough. Q. What did they punch you with? — A. With their iists. Q. Did they punch you hard? — A. Well, not hard, sir; just the same as to say, " go on; move on." Q. Did they have you secured in any way? — A. l^To sir. Q. Did anybody assault you on the way up, or did you go along quietly? — A. ISTobody assaulted us. We went along quietly. Q. Then they took you to the prison? — A. Yes sir. Q. How long were you there? — ^A. I was there from Friday night, until Tuesday night following. Q. How did they treat you in prison?— A. They treated us well, sir. Q. Then you returned to the ship, did you?— A. Yes, sir. Q. Had you any arms, weapons, or knives about you at the time you were arrested? — ^A. I had a penknife, sir. Q. Were you in unifoi'm? — A. Yes sir. Q. Were these other men of the "Baltimore" that were with you, in uniform at the time they were arrested ? — A. Yes sir. Q. Had you any warning, prior to your arrest that there might be trouble there that day or night? — A. Yes sir. Q. Wliat was it, and by whom? — A. It was up in the dance hall called the "Shakespeare". Q. Who was it that warned you? — A. It was the- man that kept the hall. Q. What time of day was that? — A. That was between three and four o'clock in the afteruooh, sir. Q. What did he say? — A. He said, "I am going to close up this ^ afternoon, because I know, I am sure there is going to be trouble be- tween you and the mob." He said there were five or six hundred paid ,- off sailors ashore here, without money, and they are going to lay for you, as soon as dusk sets in. Q. Why did you understand they were going to lay for you? — A. I don't know, sir. Q. Did you see them assault any other person? Did you see any other assaults made upon any oth6r person ashore that day? — ^A. No sir. • Q. What was the conduct of the sailors of the Baltimore, so far as you saw them that day? — A. So far- as I saw them, they were aU sober. Q. What was their- con duct ?^=^A. They were behaving very well. Q. Did you see many of them during the day? — A. No sir; I only saw three. Q. You had more than three with you when you were arrested? — A. I mean before that. Q. Did you at any time at Valparaiso, to any person there, express your approval of the action of the police there that day?— A. No sir. (Sgd.) ' ' Olaf Wettbland. United States op America, State and Northern District of California, ss: I, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of California, do hereby further certify that Olaf Wetteland, the witness who subscribed the foregoing deposi- tion, was by me duly sworn ; that said deposition was taken on the 11th day of January, A. D. 1892, at the Ofiice Building of the Navy 534 RELATIONS WITH CHILE. Yard, at Mare Island, California; that said deposition was talren do^Mi in shorthand by sienop,raphci'.s eni]iloyed for that pnrpose, and after- Avards by them reduced to type-writing and read over to the witness, knd by hiiii declared to be correct, and by him subscribed in my pres- ence. In witness whereof, I have hereunto set my hand, this 12th day of January, A. D. 1892. (Sgd.) J. S. Manley, Commissioner, United States Circuit Court, NortJiern District of California. DEPOSITIONS OF JEEEMIAH ANDEESON, T. H. WILLIAMS, CHAELES C. WILLIS, JOHN W. TALBOT, JOHX H. DAVID- , SON, FEANK HONNOES, JOHN DOWNEY, JAMES M. JOHN- SON, JOHN HAMILTON, LEE A. WALLACE, JAMES GILLAN, ALEX. J. STEWAET, CHAELES EBLE, CHAELES LANGEN, CHAELES WILSON, JOSEPH VAN DAM, and JOHN P. GUS- TAFSON, Members of the Crew of the '^Maltimore,^' as to the condition of Boatswain's Mate Biggin and Apprentice Talbot of the " U. 8. 8. Baltimore," as to sobriety, on the 16th day of October, 1891. Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Eemey, U. S. M. C, Judge Advocate-General of the U. S. Navy, by order of the Secretary of the Navy, held at the Office Build- ing of the Navy Yard, Mare Island, California, on the 11th day of January, 1892, beibre me, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of California, duly ap- pointed and qualified, personally appeared Jeremiah Anderson, T. H. Williams, Charles C. Willis, John W. Talbot, John H. Davidson, Prank Honnors, John Downey, James M. Johnson, John Hamilton, Lee A. Wallace James Gillan, Alex. J. Stewart, Charles Eble, Charles Langen, Charles Wilson, Joseph Van Dam and John P. G.ustafson, who, after being duly cautioned and sworn, did depose and say as follows, to- wit: Jeremiah Andekson, coal-heaver on the U. S. S. "Baltimore", re- called. The Judge Advocate-Geneeal.— Q. You have stated in yom- tes- timony given heretofore, that yx)u saw boatswain's mate Kiggin and apprentice Talbot of the crew of the "Baltimore" in a saloon at Val- paraiso? — ^A, Yes sir. Q. Known as the "True Blue", on the 16tii day of October last?— A. Yes sir. Q. What was the condition of Eiggin and Talbot as to sobriety, at the time you saw them? State as nearly as you can the time of day it was.— A. Wen, we came in there, I think it was about 3 o'clock. It might have been later. We stayed in there half an hour before thev left. ■ -^ Q. You were there all the time?— A. Yes, sir; I was tlicre all the time. They sat down, and they were carrying on. Of course, I didn't pay any attention to them, whether they drank anything or not. I was not drinking anything myself. I was sitting down there. As soon as Eiggin came in, he came to me and he says, "Jerry, for God's sake, don't drink anything to-day, because we expect to be mobbed." And he says, "One place down below here fiow has shut up on account of the mob that they expect to-night, so you can't g'et in"; and he says, ; BALTIMORE INQUIRY. . 535 "Don't drink anything, and if you get into trouble, we will be down the street here; and you be down here where. the most of our feUows are and we wiU be together." Q. "What was his condition as to sobriety at that time? — A. He ap- peared to be a sober man to me. Q. Was he or not in, your opinion, drunk or sober? — ^A. In my opin- ion he was sober. Q. What was the condition of Talbot at that time? Did you see him there at that time? — ^A, Yes sir. Q. What was his condition as to sobriety? — ^A. Well, he was just as sober as Biggin was; both of them were sober. Q. Was he under the mfluence of liquor or not? — ^A. He was sober, sir. He didn't appear to me as though he was drinking. Q. Were they or not, in your opinion, drunk or sober, either of them? — ^A. In my opinion they were sober. Q. Did you see Eiggin and Talbot leave the "True Blue" saloon at this time? — A. Yes sir; they left me there and went on down the street, but how far they went, I don't' know. ^ . 5^ (Sgd.) Jeurt X Anderson. mark. Witness to mark : (Sgd.) W. EOWBOTHAM', P. H. Ergot, U. S. K, B. F. Lantar. T. H. Williams, seaman apprentice, flrst-class, "U. S. S. Baltimore'', recalled. The Judge Advocate-General. — Q. Did you see boatswain's mate Eiggin, and apprentice Talbot, of the crew of the "Baltimore", when they were on liberty at Valparaiso, on the 16th day of Octobei* last, in th^ saloon there caUed the "True JBlue"? — A. Yes sir, I did. Q. About what time of day was it when you saw them there?— A. I couldn't say the time. I should judge it was about half paist three or four o'clock in the afternoon. Q. What was the condition of Eiggin at the time you saw him there as to sobriety? — A. He was sober. Q. Did you see him drink anything there? — ^A. Ko sir; he didn't drink anything. I drank myself, and called for the drinks for all of them in there; and Eiggiti said he was not drinking, so he didn't take anything at all, sir. ' Q. What was the condition of Talbot at that time as to sobriety? You saw him there too? — ^A, Yes, sir, I saw him there. Q. What was his condition as to sobriety? — ^A. He was sober. Q. Did you see Eiggin and Talbot when they left the saloon to- gether? — A. Ye^ sir; I saw them when they left. Q. It was about the same time? Who went out first? — ^A. Davidson went out first, of the three; and Eiiggtn and Talbot went out after. All three of them went out about the same time. Q Did you hear of any difBculty or disturbance occurring outside about that time? — A. Yes sir; about that time a man came up and told me, a seaman of one of the ships who had been with us in there, he came running in and he said, "The Chileans are killing one of your shipmates." Q, About how long was thkt after Eiggin and Talbot left the saloon ? — A. It was about half an hour after, I should judge. (Sgd.) ' T. H. Williams. 536 RELATIONS WITH CHILE. Charles 0. Willis, seaman apprentice, "U, S, S. Baltimore," recalled. The JuDOE Advocate-Geneeal,— Q. Did you see boatswain's mate Eiggin and apprentice Talbot of the crew of the "Baltimore" in a saloon at Valparaiso, known as the " True Blue" on the 16th day of October last, when the crew was ashore there on liberty?— A. Yes sir. Q. Did they leave the saloon while you were there?— A. Yes sir; they did. They left me in there. Q. Both of them?— A. Yes sir; both of them went out. Q. What was the condition of boatswain's mate Eiggiu when you saw him iq the saloon there, as to sobriety?— A. He was sober, sir. Q. Had he -been drinking in there?— A. No sir; he didn't diink any- thing while I was there. Q, What was the condition of the Talbot at the time you saw him in the saloon there as to sobriety?- A. He was sober also. • Q You saw both of them there for sometime, did you?^A. Yes sir; they were there, I should judge about 15 or 20 minutes, or half an hour, probably. Q. Did they go out at about the same time, Eiggin and Talbot? — ^A, . I think so. Eiggin went out a little ahead of Talbot. (Sgd.) ' C. C. Willis. John W. Talbot, apprentice, U. S. S. "Baltimore ", recalled. The JxiDaE Advooate-Geneeal. — Q. On the occasion that you followed Boatswain's mate Eiggin jQ?om the saloon in Valparaiso, known as the 'True Blue' on the afternoon of the 16th of October last, when you were ashore there on liberty, what was the condition of Eiggin at the time he went out with you, as to sobriety? — ^A. He was perfectly sober. Q. What was your condition at the time as to sobriety? — ^A. I was perfectly sober, too. Q. About how long after leaving the saloon was it, before this attack was made, upon Eiggin and yourself? — ^A. It was a couple of minutes afterwards. (Sgd.) John W. Talbot. r John Henry Davidson, landsman, U. S. S. "Baltimore", recalled. The Judge Advocate-General. — Q. Were youin a saloon known as the " True Blue" in Valparaiso,on the 16th day of October last, when boatswain's mate Eiggin and apprentice Talbot were in there? — ^A. Yes sir. Q. Did you see them leave the saloon? — A. No sir. * Q. You went out ahead of them, did you? — A. No sir. I went back to the water closet, and when I came in again they w^re gone. Q. How long had you seen them before they went out? — ^A. I should judge it was about a quarter of an hour. Q. You saw them then, about 15 minutes before they left? — A. Yes sir. Q. What was the condition of Eiggin as to sobriety, when you saw him there in the saloon? — ^A. He was perfectiy sober. Q. What was the condition of Talbot as to sobriety at that time? — A. He was the same. Q. They were both sober? — ^A. Yes sir. Q. About how long after they left the saloon was it when you saw them again; when you saw Tall)ot and Eiggin again?— A. It was about three-quarters of an hour; between that and an hour. BALTIMORE INQUIRY. 537 Q. There was a quarter of an hour that you were in the water closet?— A. Yes sir; they might have gone out as soon as I went back to the water closet. Q. Where did you see them next, Eiggin and Talbot?— A, I saw Eiggin lying in the street, and I saw Talbot running across the street. Q. Was there a mob about about them at the time? — A. Yes sir. Q. Did you go close to Eiggin? — ^A. .Yes sir. Q. What did you do ?— A. I stopped to pick him up, and some Chilean sailors jumped me. ' i Q. Did you notice his condition at the time?— A. Yes sir; he looked to me like he was .beaten. His head was bleeding; he, looked uncon- scious to me. He didn't say anything. Q. Where was Talbot?— A. Talbot was running down the street. I didn't see Talbot then. (Sgd.) ' J. H. Davidson. Fbank Honnors, seaman apprentice, flrst-class, IJ. S. S. "Baltimore," recalled. The Judge ; ADV0CATE-GrBiO!RAL.^Q. Were you in the saloon known as the "True Blue" in Yalparaiso, on the afternoon of the 16th of October last, witli boatswain's mate Biggin and apprentice Talbot of the "Baltimore"? — ^A. Yes, sir. Q. How long had you been with them that afternoon? — A. From the time we went ashore, at one o'clock. Q. Were you in the saloon when they left? — ^A. Ko, sir. Q. You left first, did you?— A. Yes, sir. Q. What was the condition of Boatswain's mate Eiggin as to sobriety when you saw him in that saloon there? — ^A. He was sober. Q. What was the condition of Apprentice Talbot at that time? — A. He was sober, too. Q. Did you see Eiggin after that that day? — ^A. ¥o sir. Qi Did you see Talbot after that that day? — ^A. ISo, sir. (Sgd.) Prank Honnors. John Downey, coal-heaver, U. S. S. "Baltimore", recalled: The Judge Advocate-General. — Q. Were you in the saloon at Valparaiso, known as the "True Blue" on the afternoon of the 16th day of October last? — A. Yes, sir. Q. Did you see Boatswain's mg,te Biggin, and Apprentice Talbot of the "Baltimore" there? — A. Yes sir. Q. How long were they in there with you? — ^A. We were in there about 15 minutes; round about there. Q. You left before they did? — ^A. Yes sir; myself and Honnors went over to the barber shop to get shaved. Q. What was the oohdition of Boatswain's mate Eiggin as to sobriety when you saw him there? — A. He was sober, sir. Q. What was the condition of Apprentice Talbot at that time? — ^A. He was sober. Q. Did you see either of them after that that day? — ^A. ISo sir. (Sgd.) . . John Downey. James M. Johnson, Armorer, TJ. S. S. "Baltimore", recalled. The Judge Advocate-General. — Q. When you picked Eiggin up in the street at Yalpar^so on the afternoon of the 16th day of October^ last, what was his condition as to sobriety? — ^A. He was sober, sir. (Sgd.) Jas. M. Johnson. 538 EELATIONS WITH CHILE. John Hamilton, carpenter's mate, U. S. S. "Baltimore", recalled. The Judge ADVO0ATE-saw him on shore that day? — A. I saw him first oft' up near the " Shakespeare" with Talbot and B,iggin. That was before the trouble began, sir. The next time I saw him was down on the Mole. Q. What was he doing when you saw him (Jown on the Mole? De- scribe the scene, whatever it was.— A. Well, he was laying on his back, and the whole mob was around' him, kicking him and beating him; and he was trying to protect himself. Q. How was he trying to protect himself? — ^A. By covering his face. Q. With what?— A. With his arms. Q. What else?— A. That was all, sir. That was when Sullivan and I broke into the crowd. Q. That was about when?— A. That was about six or a quarter to six o'clock. Q. Howmuchof acrowdwasthere?— A. The crowd was thick. There must have been two or three hundred people there. Q. Was Davidson alone? — A. Yes sir. Q. Was he the only one of the " Baltimore's " crew in this crowd ?— A. The only one I saw there was Davidson. Q. What was the crowd doing to Davidson?- A. The crowd was kicking him, and stones were flying through the air. They were trying to beat bim; kill him, in fact, if they could possibly do it. Q. Wfere the stones flying in the direction of Davidson ?— A. Yes sir; they were flying in Davidson's direction. Q. You mean that they were thrown at him, while he was Ivine on his back?— A. Yes sir. . - Q. Did you notice any police there?— A. Yes sir; I noticed police BALTIMORIi INQUIRY. 547 and soldiers too. They were mixed with the crowd, and they never at- tempted to stop it, or anything of the kind. ' Q. Were they armed police? — A. Every one of them that I saw wore side arms. Q. You say they were police? — A. Yes sir; I think they were police; police and soldiers. Q. Both armed, were they? — A. Yes sir. Q. Did you at any timfe during the day see Davidson offer to make any attack upon any person? — A. No sir. Q. What was his condition as to sol^riety ? — A. He was perfectly sober when I saw him. Q. When you saw him up about the Shakespeare there, did he have any arms or weapons about him to your knowledge? — A. No sir. Q. Was he in uniform? — A. He was in full uniform, yes sir. Q. Was he in uniform when he was being assaulted on the Mole? — A. Yes sir. Q. What was the' character of the mob; what was the mob that you refer to, that was about him, principally? — ^A. The mob seemed to be composed of Chileans. They were all native; citizens. Q. Did you hear them cry out anything? What were they saying? — A, They were crying out, "Gringo Americano ", something like that. (Sgd.) Joseph Quigley. William Sullivan, oiler, XJ. S. S. "Baltimore ", recalled. The Judge Advocate-G-eneeal.^— Q. When you were ashore o;a liberty at Valparaiso, Chile, on the 16th day of October last, did you see John H. Davidson, landsman of the "Baltimore" there? — A. Yes sir. - Q. Where did you see him, and what was he doing at the time you saw him? — A. The first place I saw Davidson was on the Mole. Q. About what time, was that? — A. That was between half-past five and six o'clock, as near as I can judge. He was lying down on the flat of his back, and a Chilean soldier over him, kicking him, or one wear- ing the uniform of a Chilean soldier. Q. Wa4 he armed; this Chilean soldier? — A. Yes, sir; he had a knife in his hand, and Davidson was stiU on the ground, and a big crowd around him. Q. Davidson was on the ground, on his back? — ^A. Yes, sir. Q. What was the crowd doing? — ^A. They were trying to get near to him to kick at him. I got DaAddson on his feet, and the two of us made oux way out of the crowd. Q. You rushed into the crowd? — A. Yes sir. Q. Who were the other men with you? — A. Canning and Quigley were behind me, coming down at the time. *" Q. Was any other of the " Baltimore's " men surrounded by the crowd when you came down, than Davidson? — A. No sir; Davidson was the only man I saw. Q. And he was alone? — A. Yes sir; he was alone. Q. Did you see any police about there at the time? — A. No sir; I didn't notice any police. Q. How long did you remain there? — A. I remained there about five -minutes, as near as I could judge. Q. You put him on his feet, and then what occurred?— A. The two of us made the best of our way out of the crowd. We had to run for it. Q. Did, the crowd attack you?— A. Yes sir; they made after me with stones. I was arrested right on the corner by policemen. 548 RELATIONS WITH CHILE. Q. What were you doing when you left there; where wei'e you ' going? — A. I was trying to get into some place for shelter, sir. Q. You were trying to escape from the crowd? — A. Yes sir. Q. Is that the only time you saw Davidson 1— A, That is the only time I saw Davidson. Q. What was Davidson's condition as to sobriety when you picked him up there?— A. As near as I could judge, he was sober. The man looked as though he had nothing to drink at aU. Q. What, in your opinion,' was his condition?— A. In my opinion he was sober. Q. Have you any doubt about his being sober? — A. 'So sir. (Sgd.) W. SULLIVAK. Owen Canning, coal-heaver, U. S. S. "Baltimore," recalled. The Judge Advocate-General. — Q. When you were ashore on liberty with the other members of the crew of the J' Baltimore, "on the 16th of October last, at Valparaiso, did you see John H. Davidson, landsman of the "Baltimore" on shore there? — ^A. Yes sir; I saw him down on the Mole. Q. About what time of day was that? — A. I should judge it was between half past dve and six o'clock, as near as I can guess; Q. What was he doing when you saw him down on the Mole at the / time?-;— A. He was defending himself from a mob of Chileans. Q. Describe what occurred there? — A. When I saw him, he was just getting on his feet; he had just got on his feet. He was all bleedfing, and he was getting attacked, and I (Jidn't see any more, because I had to look out for inyself. Q. Was there a crowd about him?-^A. Yes sir; there was a big ctowd around him. Q. About how many, do you suppose? — A, I should judge about five hundred, by the looks of them. I wouldn't ^y for sure. Q. Was he surrounded by this crowd? — ^A. Yes sir. Q. Was there any other person in there with him, any other mem- ,ber of the crew of the "Baltimore"? — ^A. So sir; not at the time he got there. He was all alone. Q. You saw him assisted to his feet, did you? — ^A. Yes sir. Q. By whom! — A. By William Sullivan. Q. Did this crowd attack you, too? — A. Yes sir. Q. With what? — A. With sticks, and they kicked me and hit me with their fists. Q. Had you molested any of the crowd? — A. No sir; I had to de- fend myself though. Q. Were you in uniform? — A. Yes sir. Q. That is the only time you saw Davidson during the day, you say? — ^A. Yes sir; that was the only time. Q. What was his condition as to sobriety when you saw him? — A. He must have been perfectly sober. If he had been otherwise, I don't see how he could have stood up there. Q. How do you mean, " stood up"? — A. If he had been any way un- der the influence of liquor, I don't think he could have^been able to have stood there. Q. In your judgment, what was his condition as to sobriety? — ^A. He was perfectly sober, sir. (Sgd.) OwTEN Canning. BALTIMORE INQUIRY. 549 Charles B. Semper, Seaman, U. S. S. "Baltimore", recalled. The Judge Advocate-G-eneral.— Q. When you were on shore on liberty with other members of the crew ot the " Baltimore", at Valpa- raiso, Chile, on the 16th of October last, did you see John H. Davidson, landsman of the "Baltimore" there?— A. Yes sir. Q. Where did you. see him, and what was, he doing when you saw him?^A. I saw him down towards the Mole, going down th^ street. Q. Were you with himl — A. No sir; I was not with him. Q. What was he dping ?— A. Myself and Sylvester Hodge were going down the street, and Davidson came around the corner and waved his hand to us aiid said, "Come on, boys; they are fighting down here," We hadn't run more than ten yards, before the three of us were assaulted with stones by a mob on the street. Q. About how large was this mob? — A. The streets were crowded with people. I could not count them. Q. Who were they; what were they? — ^A. They were citizens; men, women a.nd children ; all ages and sizes. Q. What were they doing? — A, They were throwing stones at us. They threw stones at ris as we were going down. Q. How close were they to you? — A. They wfere about ten yards from us. Q. As I understand you, you were going down the street? — A. Yes sir. I Q. Was Davidson with you? — A. Hp came down, and we saw him. Q. He joined you, did he? — ^A. Yes sir; he joined us in the street, Q. What did Davidson do then? — A. Mys^f and Hodge started to run to go down to where the fight was ; and Davidson ran around the corner; and he says, "Come down," and he waved his hand to us; he saw us going down, and he waved his hand to us, and said, "Come on, boys, they are fighting down here." Q. Was this down, in the direction of the Mole? — A. Yes sir. Q. Was this crowd following you at the time? — A. No sir; they were ahead of us. Q. Between you, and the Mole? — A. No sir; not between us and the Mole. We had passed the Mole, going towards the north end Mke. Q. In the direction of the Plaza Yictoria? — A. No sir. Q. Towards the lighthbuse? — A. Yes sir; the other way towards the lighthouse. Q. You were going from the Mole then, were you? — A. Yes sir; we were going from the, Mole. They commenced to throw stones at us, Davidson and Hodge ran a little faster than I did, and of course they met the crowd before me; they got up towards where the crowd was be- fore I did. And people saw us coming down, and they commenced throwing stones at us. And Davidson was a little in advance, and that htrew him into the thick of it more than me. Q. Do you faiean you ran into the crowd? — A. Yes sir; because we heard they were fighting our shipmates, and we went to assist them if we coiild. Q. When you approached the crowd, -do I understand you that they xRttacked you?— A, Yes sir; they attacked us. Q. Did you make an attack upon the crowd first? — A. No sir; we did not provoke them. We were going down, running down to where our shipmates were, and they commenced throwing stones and bricks at us, Q, What became of Davidson ?^A. Davidson and Hodge ran faster than I didj and they were thrown in the thick of |ilie crowd. Of course, they were surrounded by the mob. 550 RELATIONS WITH CHILE. « Q. Where were they then? — A. They were in the street. Q. About where was it; down near the Mole?— A. Down near the Mole, but past the Mole, north of the Mole. Q. It was near the Mole?— A. Yes sir; it was near the Mole; north of the Mole. Q. Describe the scene there; whatever you saw there?— A. I saw the crowd throwing some bricks at them. Of course they were envelope^ in the crowd, and 1 didn't see them any more. Q. You didn't see them anymore? — A. No sir; not before they came aboard. Q. Did Davidson make an attack upon the crowd? — ^A. Ko sir; he did not. Q. Did he assault any person there, to your knowledge? — A. Fo sir, Q. Did you see him when he was surrounded by the crowd? — A. Yes sir ; I saw him when he was surrounded by the crowd. He was making his way through them; he didn't mind them. They were throwing stones at him. He was going down towards where he thought the fighting was. Q. Did you see him after that?— A. No sir; not until after we came aboard ship. Q. What was Davidson's condition as to sobriety when you saw him that day ashore ?-^A. As far as I could see he was sober. Q. Have you any doubt about whether he was sober or not? — A. No sir; he was sober. (Sgd.) C. B. Semper. JoHK H. Davidson, bandsman, U. S. S. "Baltimore," recalled. The Judge Advocate-General. — Q. You have already testified that you were on shore on liberty with other members of the crew of the "Baltimore" on the 16th day of October last at Valparaiso? — A. Yes sir. Q. , State what occurred, so far as you were concerned, with reference to any difiSculty on that afternoon in Valparaiso. — A, The first part of the row I saw, I saw Eiggin lying in the street. Q. The boatswain's mate of the "Baltimore"? — A. Yes sir; the man that was kiUed. He was lying iii the street; he looked as though he was bleeding very badly; and I went to give him assistance, and I was jiunped on by some Chilean sailors. Q. Eiggin was lying in the street? — A. Yes sir. Where I saw Eiggin was on Calle de Arsenal. Q. He was lying in the street? — A. Yes sir. Q. What occurred then? — A. I went to give him assistance, and these men jumped on me, and I was fighting them. And I left there; I went to look for assistance for Eiggin. I saw it was no use of iny stand- ing there alone by myself. And when I came back Eiggin was still lying in the same place, and I went to give him assistance again, and the m'ob jumped on me again; and I saw Hamilton about to be stabbed with a knife by a one-armed man. Q. Who was this one-armed man? — A. He was dressed in a Chilean man-of-warsman's uniform. Q. The man had a knife in his hand ? — A. Yes sir; he had it raised over his head; and I struck him with a stone smd knocked him down, and I tried to get the knife, and I couldn't find it. Q. Was this man chasing Hamilton? — A. Yes sir, he was running behind Hamilton. Q. Did Hamilton see him? — A. No sir; he was about to stab HamU- BALTIMORE INQUIRY. 551 ton, and I struck hijii. And I saw two policemen, and I went to them for protection and one of them struck at me with a cutlass. Q. Did he strike you?— iSTo sir; I struck him with a stone. Q. Ton struck the policeman with a stone? — A. Yes sir. Q. Was that before or after ^ he struck at you with his sword? — A. That was afterwards. Then I ran to the Mole. Q. What was the crowd around Eiggin, that you spoke of ? — A. They were Chilean sailors and citizens. Q. What were they doing to Eiggin? — A. They seemed to be stand- ing there over Eiggin's body, beating everybody that came to give him assistance. 'Q. Eiggin was lying in the street? — A. Yes sir. Q. Were any police there just at that time? — A. I never saw but these two policemen that I told you about. Q. You ran dot^n to the Mole? — A. I ran down to the, Mole; and there seemed to be a crowd following me. Q. What kind of a crowd ? — A. A crowd of citizens and sailors. Q. What were they dtoing when they were following you? — A. They were throwing stones at me. Q. They were following you? — A. Yes sir; I was running the best I could to get down to the Mole. Q. What occurred when you got to the Mole? — A. I ran on the Mole, and the crowd followed me right on there, and pressed me overboard with sticks and stones. Q. Off the steps, you mean? — A. Yes sir. Q. And into the water? — ^A. Into the water; and then they threw stones at me after I was in the water. I managed to get back on the Mole. . . I Q. What occurred then, when you were getting back on the Mole, if anything? — A. Yes sir, they stood there trying to prevent me getting out of the water. ^ • Q. How; what were they doing? — A. By kicking at me and-hitting me. Q., Were you struck when you were in the water? — A. Yes sir. Q. Where? — A. In the back of the head with a stone. Q. With a stone thrown by this crowd ?---A. Yes sir. After I got back on the Mole, I got a stick, and I was fighting them the best I could, try- ing to get away from them. Q. You were surrounded by them then, were you? — A. Yes sir. I was surrounded by them. Q. After you got out of the water, were they attacking you then? — A. Yes sir. Q. What with? — A. With anything they could ^et. Q. What did they have?^A. I never saw any knives, or anything like that. Q. What did they have? — A. They were kicking me, and hitting me with planks and boards. There was a big pile of lumber there, and they had those, using them on me. Q. Were you badly injured? — A. I got one wound in the side that gave me a great deal of trouble. It looks Mke a bruise. I was bruised aU over, from my head to my feet. I couldn't move the next morning, when I was in the hospital. Q. About what time vas it that this happened? — A. This was about dusk. \ \ Q. And you had come then down from where you saw Eiggin? — A. Yes sir. 552 RELATIONS WITH CHILE. Q. After you got on the Mole, what did you do! Describe the scene further? — A. I ran, and I jumped over the rail by the statue, and I got a larger stick than what I had, and I came out again, and tried to get away from the crowd. Q. This was after you got out of the wtiter and on the Mole!— A. Yes sir. Q. You jumped over the fence around the statue?— A. Yes sir, there is a railing fence there, and I jumped out of there, and the crowd seemed to be all around the railing; and they had me right in there, so I jumped Over the fence again. ' Q. Did they continue the attack!— A. Yes sir; they were throwii;ig rocks at me then. So I jumped over the fence and ran up the street, and when I got around this corner, (showing on diagram), I fell into a kind of door. The crowd passed me, and then this man of war ofQcer, this navy officer came along, and I reached out' and grabbed him by the pants, and he carried me over into a clothing store across the street, and from there I went to the hospital. Q. Who was this ofiScer?- A. A French Navy officer. Q. Attached to a French vessel there! — A. Yes sir; I suppose so. Q. What did he do? — A. He carried me across over into a clothing store. I stayed there; and I asked for a drink of water, and they gave it me; and I was turned over to a Chilean officer. He had white pants on, and a blue coat; and he got a hack, and he carried me directly to the hospital. Q. What hospital was it! — A. I couldn't tell you the name of the Hospital. Q. Was it the city hospital? — A. I don't know the name of it. Q. Did anything further occur in this clothing store that you were placed in, than what you have stated! — A. IsTo sir; I was lying down in the office; it had a railing around it. It looked to me like a cashier's desk. Q. Why w;ere you lying down? — A. Because I was exhausted; I couldn't stand up. Q. On account of the wounds and bruises you had received? — A. Yes sir; I was unable to stand. I could not walk to the cab. Q. What was your condition as to sobriety at that time; that even- ing when this occurred! — A. I was perfectly sober, sii*. I had drank about two glasses of beer before that. Q. Did you or not make any assault upon any person on shore there, except when you were surrounded and attacked as you have stated^ — A. No sir; all that I did was in self-defence; and in defending ship- mates. The only wyeapons I useji were sticks and stones. Q. Had you any weapons, arms or knives about you at the time ? — A. No sir. ' Q. You were in uniform all the time, were you? — A. Yes sir. (Sgd.) J. H. Davidson. United States t)F Ameeica^ State and Northern District of California, ss: I, James S. Manley, a Commissioner of the Circuit Court of the United States, for the Northern District of Oalifomia, do hereby furthew certify that J. J. Bechtele, Sylvester Hodge, J. Butler, Jos. Quigley, Wm. Sullivan, Owen Canning, Chas. B. Semper and John H. Davidson, the witnesses who subscribed the foregoing depositions,' were by me duly sworn; that said depositions were taken on the 12th day of Jan- uary, A. D. 1892, at the Office Building of the Navy Yard at Mare BALTIMORE INQUIRY. 553 island, California; that said depositions were taken down in shorthand by stenographers Employed for that purpose, and afterwards by them reduced to typewriting, and read over to the witnesses, and by-them de- clared to be correct, and by them subscribed in my presence. In witness whereof, I have hereunto set my hand this 13th dav of January, A. D. 1892. (Sgd.) J, S. Manley, Commissioner, United States Circuit Court, Worthern District of California. DEPOSITIONS OP JOSEPH QUIGLBY and OWEN CANNING, members of the crew of ike U. S.S. "Baltimore,'" as to the condition; of William Turnbull as to sobriety, on the 16th day of October, 1891. Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Eemey, U. S. M. C, Judge Advocate-General of the U; S. Navy, by order of the Secretary of the Navy> held at the O^ce Building of the Navy Yard, Mare Island, California, on the 12th 'day of January, 1892, before me, James S. Manley, a Commissioner of tlie Circuit Court of the United States for the Northern District of Cali- fornia, duly appointed and qualified, personally appeared Joseph Quigr ley and Owen Canning, who, aftej? being duly cautioned and sworn, did depose and say as follows, to wit : i Joseph Quigley, coal-heaver on the " U. S. S. Baltimore,'' recalled. The Judge Advocate-Genejial. — Q. When you were on liberty on shore at Valparaiso, on the 16th day of October last, did you see William Turnbull, coal-heaver of the "Baltimore," on shore, on liberty, that day? — A. Yes sir. Q. About what time did you see him, and where? State if you had any conversation with him, and what it was ? — A. It was around four o'clock. Q. Pour o'clock in the afternoon? — A. Yes sir. Canning and I were together with Christie and SulMvan of the "Baltimore." I see Turn- , bml going down the street with two men in citizen's clothes. I asked him where he was going. He told me that he was going to see a man who was born in the same town with him, who was dying, or someiihing of the kind. I advised him not to go with these two citizens. Q. Why? — A. Because I did not like the looks of them, but he still persisted in goingj and I could not use any force to stop him. Q. What was his condition as to sobriety, at that time? — ^A. He was perfectly sober at the time. That was all I see of him until he was taken outboard the ship, (Sgd.) / Joseph Quigley.. Owen Canning, coal-heaver on the " U. S. S. Baltimore". Eecalled. The Judge Advocate-Geitoral. — Q. When you were on shore on liberty at Valparaiso, on the 16th day of October last, did you see William Turnbull, a coal-heaver of the "Baltimore" on shore there? — A. Yes sir, I saw him first in the afternoon. Q. About what time? — A. About four o'clock, I should judge, and he was up round the Shakespeare. He told me he was going down t6 see a friend of his, who was born in the same place afs he was, who was sick. Q. Was anyone with him ? — A. Two citizens. 554 RELATIONS WITH CHILE. Q. He said that this friend of his was sick?— A. Yes sir. Theu again I saw him in the evening between 7 and half past 7. Q. Where? — A. Lying in the drugstore, up near the Shakespeare; pne bloci below the Shakespeare. Hfe was all cut in the back. Q. Where was he lying? — A. Lying on his side on the floor. Q. In the drugstore? — ^A. Yes sir. (qj. What was the matter with him? — A. His back was all cut-up with stabs. Q. Any signs of blood about him? — A. Yes sir, there was blood on his back. Q. How close did you get to him? — A. About as far as from here to that desk (pointing). Q. About five yards? — A. Yes sir, about that. Q. Was there a crowd about him? — A. Yes sir, a large crowd outside the door. I had a job to get in the door, to see who it was. Q. Were you iu uniform ? — A. No sir. I had a light coat and hat on Q. That was after you had changed your uniform ? — A. Yes sir. Q. Was there a crowd of Chileans Inhere? — A.^Ohileans, men-of-wars- men, soldiers and citizens. Q. Were they making any noise at all ? — A. ISo sir, not much noise. Q. Were many of them in the drug-store? — A. No sir; there were only three peoiJie in there. Q. What were they doing to TurnbuU, when you saw him lying on the floor of the idrug-store? — A. One young fellow was kneeling down alongside of him. He was not doing anything. Q. What was the condition of Turnbull as to sobriety, when you saw him that first time? — ^A. He was sober. Q. Was he in uniform! — A. Yes sir, he was ih uniform. (Sgd.) OwnN Canning. United States of America, State and Northern District of California, ss: I, James S. Manley, a Commissioner of the Circuit Court of United States for the Northern I)istrict of California, do hereby further certify that Joseph Quigley and Owen Canning, the witnesses who subscribed the foregoing deposition, were by me duly sworn ; that said depositions were taken on the 12th day of January, A. D. 1892, at the OflSce Building of the Navy Yard at Mare Island, California; that said depositions were taken down in shorthand by stenographers employed for that purpose, and afterwards by them reduced to type-writing, and read over to the witnesses, and by them declared to be correct, and by them subscribed in my presence. In witness whereof, I have hereunto set my hand this the 13th day of January, A. D. 1892. (Sgd.) ' J. s. Manley, Commissioner, United States Circuit Court, Xorthcrn District of California. DEPOSITION OF E. R. STITT. B§ it remembered, that at the above-entitled examination, conducted by Colonel W. B. Eemey, U. S. M, C, Judge Advocate-General of the U. S. Navy„ by order of the Secretary of the Navy, held at the Office Building of the Navy Yard, Mare Island, California, on the 12th day of January, 1892, before me, James S. Manley, a Commissioner of the BALTIMORE INQUIRY. - 555 Circuit Court of the United States for the Xorthern District of Califor- nia, duly appointed and qualified, personally appeared E. E. Stitt, who after being duly cautioned and sworn, did depose and t^ny us follows, to-wit: E. R. Stitt, having been duly sworn, testified as follows : The Judge Advocate-General.— Q. What is your name, rank, and station'?— A. My name is E. E. Stitt, Assistant-Surgeon, U. S. Navy, serving on board the " U. S. S. Baltimore." Q. Were you attached to the "U. S. S. Baltimore," when that vessel was in Valparaiso, Chile, in October last? — A. I was. Q. And prior to that? — A. Yes, sir. Q. How long have you, been attached to her? — A. Since January 7th, 1890. Q. Were you on shore in Valparaiso on the 16th day of October last, when members of the crew of the "Baltimore" were on'Mberty there? — A. I was not on shore on the 16th, the day that this assault occurred. Q. Did yoiT see any of the members of the crew of the " Baltimore" who were wounded, when they were on liberty on shore in Valparaiso, on the 16th day of October last? If so, under what circumstances and when did you see them? — A. I was not on shore on the 16th. Q. I am not confining my question to that date? — A. On the morning of the 17th of October I was ordered ashore by Captain Schley to see the men in »the San Juan de Dios Hospital. Q. At Valparaiso ! — A. Yes sir. On arriving at the hospital, I went into the prison' wards of the institution, and saw there Tumbull, David- son, Hamilton, Panter, and Talbot. Q. Who were these men ? — A. Sailors attached to the "Baltimore". After speaking with them, I told them I would return in a few mo- ments. I then went to the dead-house of the hospital and saw the body of boatswain's mate Charles W. Eiggin of the "Baltimore" lying on the table. An autopsy had been previously held by the physicians attached to the hospital or belonging to the city. Q. That is, on the body of Eiggin? — A. Yes sir. On account of the number of incisions made at the wound of entrance by the examining surgeon, it was impossible to locate it absolutely, but it was very near the inferior angle of the right superior carotid triangle, the ball taking a course downward, backward, and outward, fracturing two cervical vertebrae, and lacerating the internal jugular vein. The wound of exit was just internal to th^ vertebral border of the left scajiula. From the direction pursued by the ball never deviating from a straight course, the great length of the track traversed by the projectile, the character of the tissues passed through, and the appearance of the wound of exit, which was from one to one and a quarter inches in diameter Q. Thatiswheretheballiiassedout? — A. Yes sir, and remarkably lace- rated border, I judged the bullet to have been of lead, and fired from a rifle. On examining' the other parts of the body I found two or three contusions about the head as if they had been made by stones or sticks. Q. Blows on the head? — A. They were contusions and also two in- cised wounds about the lower part of back, and buttock, which were of a trivial nature. The bullet wound was necessarily immediately fatal. I think that is about all in regard to the character of the bullet wound. Q. What was the appearance of the two incised wounds to which you refer? — A. They were very superficial. Q. By what kind of an instrument, in your judgment, were those wounds inflicted? — A. By a sharp instrument, a knife. 656 * RELATIONS WITH CHILE. Q. Were any or all of those wounds, or the contused wounds on the head, of such a character as to have caused the death of Eiggin ! — A. No sir; they could have produced unconsciousness however,; temporarily unponspiousness. Q. But they were not fatal? — A. They were not fatal. Q. What experience had you had with reference to gunshot wounds ? — A. Only a month previous to this time, I was in two Chilean hospitals at Valparaiso, whef e 1 had under my charge 200 of the wounded in the battle of Placilla. Q. Wounded Chileans? — A. Yes, sir; and I also had' opportunity; for examining 150 to 200 other wounded Chilean soldiers which wounds had been caused chiefly by lead bullets fired from rifles. Q. Was the wound that you have described, caused by the shot which passed through Eiggin's back and killed him similar to any of those which were caused by rifle shots in the cases to which you have referred in the hospital? — A. It was. I may state that it was the largest wound of exit, I have ever seen. Q. In the case of Eiggin t— A. In Eiggin's case. Q. Then, as I understand ypu, from the experience which you had but a short time prior to the lame that you examined the body of Eig- gin, in' cases of gun-shot wounds, you were satisfied from the appear- ance of Eiggin's wound that it was caused by a shot fired from a rifle? — A. I was, from my own experience, reasonably satisfied, th^t the ball had been fired from a rifle. What made me absolutely certain was that on board ship, I had a p ece of cloth pierced several times by United States Ifavy rifle projectiles, and by pistol projectaleSi The rifle ball perforations corresponded exactly with perforations made in the sMrts of Johnson, the armorer of the "Baltimore", who held Eig- gin when he was shot, the pistol holes being vastly smaller — a great deal smaller — than that made by the rifle ball. Q. From your examination of the body of boatswain's mate, Eiggin, what in your judgment, was the immediate cause of his death ? — A. The bullet wound from the rifle which passed through the neck, and fractured the vertebrae. , Q. Did you make any further investigation or report upon the ques- tion as to the character of the projectile with which Eiggin was shot on the occasion referred to; if so, what was if. State all the circum- stances connected with it. — A. Some time after I examined the body of Eiggin, the judge of crimes of Valparaiso requested Captain Schley to have the medical ofl&cer who examined the body of Eiggin make a cer- tificate as to the character of the wound, and especially as to the char- acter of the projectile which caused the wound, whether a rifle or pistol- ball. I wrote a certificate, giving as reasons for believing it to have been a rifle ball, those I have stated before to this court. Q. To whom did you give this certificate? — A. I gave this certificate to Captain Schley, who sent it to the judge of crimes. A few days after- wards, I was ordered with past assistant surgeon White, of the " Balti- more," to appear before a board consisting of Lieutenant McCrea, of the "Baltimore," and two Chilean officers. Q. Who were those oflScers? — A. A line oflacer of the Chilean army, and one in the navy. Past assistant surgeon White and myself pre- sented the proofs given above. The two Chilean physicians who had made certificates that the fatal projectile was fired from a pistol, or re- volver, stated that they claimed it was a pistol projectile, on account of their experience in such wounds. We then had a paper drawn up by the secretary of the judge of crimes, which stated, that the Chilean / BALTIMORE INQUIRY. 557 physicians, mentioning them by names, |ave as their opinion that the pistol ball produced the wound and that the American physicians, by name, gave as their opinion, that the ball was fired ffom a rifle. Q. That is Doctor White and yourself? — A. Xes sir. All four signed the paper. , ' Q. Where did this paper go then? — A. I do not know. Q. Where did you last see it? — A. I last saw it in the hands of the secretary of the judge of crimes. Q. You delivered it to him? — A. He wrote the paper. It was written, in Spanish, and on translating it, I saw what it was, and signed it. Q. Was this at the court? — A. This was in the office of the' Secre- tary of the judge of crimes, practically in court. Q. It was in the building where the sessions of the court were held ? — A. Yes sir. • ' Q. Who were these Chilean physicians ? Did they belong to the Army or Kavy? — A. They were civil physicians; 'I think the city physicians, Q. Did you express your opinion to this board to which you referred, in addition to this written certificate which was given to the -Secretary of the court.^ — A. I did. , Q. Please state the opinion, as given to the board orally. — A. From the great length of the wound, about 9 inches, the lacerated character of the wound of exit, and large diameter,' one and a quarter inches, the character of the tissues traversed, and the similarity between the per- forations in the shirts, of Johnson, armorer of the " Baltimore " and those produced in a piece of cloth on board the "Baltimore" by United States navy rifle projectiles, and the vastly smaller size of perforations pro- duced by United States navy pistol projectiles in this same piece of cloth, and also from the straight direction pursued by the ball, it was my opinion that it was caused by a rifle-ball. Q. After making an examination of the body of boatswain's mate Eiggin, as stated, did you then return to the other wotinded men of the "Baltimore" who wer^ in the hospital and examine theui? — A. I ^d, and found on John Hamilton, carpenter's mate,on board the "Baltimore", two contused wounds of the head, and also two incised wounds, one just above the bnttock, and one on the buttock. It was just above the crest of the ilium. These incised wounds were not of a grave character. The wounds of the head also were comparatively slight, but he had lost a great deal of blood from these wounds, and was exceedingly weak. Q. When you say they were not of a grave character, I understand you mean they were not wounds that weije Jikely to prove fatal? — A, Exactly; they were not fatal. It was impossible for Hamilton to rise from his bed without fainting. You could see it coming on. I ttiink that is all I have to say about Hamilton. John Talbot, apprentice on the " Baltimore," had two wounds of the back, one just over the last cervical vertebrae, about an inch and a half in length, not very deep, and the other oVer the right scapula, about 5 or 6 inche.s in length. One was supposed by the surgeon in charge of the prison' wards, to have been a penetrating wound of the lung. In my opinion, it was not a penetrating wound of the lung. George Panter, a coal-heaver of the " Baltimore," had one contused wound at the back of the head; rather serious; probably produced by a rock or stone. John Davidson, landsman of the "Baltimore," had one wound of the head, which was probably produced by a cobble-stone. His body was bruised in many places, and he was very weak from loss of blood, and the bruises he had sustained. 558 EELATIONS WITH CHILE. William TuriibuU, coal-heaver attached to the " Baltimore," had 21 wounds all of the back. IS'one of them were serious, with the excep- tion of one, which from my examination, probably penetrated the lung. Ah Prom your examination, it appeared to have penetrated the lung? — A. Yes sir, the others were not of a grave character. Q. Explain what you mean by that ?— A. I mean wounds that were not liable to cause death. There seemed to be no reason on my first examination^ that a fatal resvilt should ensue. Q. I understand, from what you say, that the wounds were not, in your judgment, of such a character as would probably result fatally?— A. They were not. The day after this examination, Sunday, the 18th inst., I found TurnbuU in a critical condition — he was still in the hos- pital — from the elevation of temperature, and circulatory disturbance, I asked permission from 'the sister in charge of the hospital, to dress the wounds of all the men. This was refused on the first day, they, the sisters, stating that it was imppssible to interfere with any wound, without permission from the surgeon in charge. On the second day of my examination of TurnbuU, I more strenuously insisted on their allow- ing me to attend to the wounds of the sailors in the hospital. This was alsp refused, although the sisters did everything in their power to make our men comfortable. The person in charge of the ward was simply a nurse — a man — with no knowledge as to the proper x;are wounds should receive. The wounds of our men in the hospital, wei;e in one or two instances irrigated most imperfectly by antiseptic solu- tions, but in the great majority of the wounds, no such attention was bestowed upon them; simply a little iodoform ointment was put on a piece of cloth and applied over the wound. The condition of Tumbull becoming more serious, and as there was no ntght attendant, I called in 6ohsultation past assistant surgeon White, of the " Baltimore," who agreed with me, that it was imperative that TurnbuU should be taken on board the ship. For two, days, the Judge of Crimes refused to allow the sailors, including TurnbuU, to leave the prison wards of the hospital. The sisters . were exceedingly anxious to remove TurnbuU from the prison wards. It was only upon representing to the Judge of Crimes that TurnbuU might die in the prison wards of the hospital, that he gave me permission to remove the sailors, including TurnbuU, from the prison wards. Q. Was or was not the condition of the prison Avards in the hospital as well adapted, and as comfortable, for the ti-eatment of wounded men, as the other wards in th« hospital 1 — A. I don't think it was. Those in authority in the hospital thought the same thing. It being very late in the afternoon, it was impossible to remove Hamilton and Turn- bull, but I brought on board ship, Talbot, Davidson and Panter. and the next morning Hamilton and TurnbuU, using a stretcher for Turn- buU. Q, How long did TurnbuU live after he was removed to the ship? — A, TurnbuU was removed to the ship on the 22nd of October, and died on the 25th. Q. To what do you attribute his death? — A. To blood poisoning. Q. Eesulting from what?— ;A. Resulting from imperfection in antisep- tic methods, which aUowed' blood-poisoning to take place in these wounds. Q. Was the death of TurnbuU, due to the wounds tliat he received on the 10th of October? — A. It was not due to the wounds directly. Q. Was it or not a result of these wounds that he received on the ♦ BALTIMORE INQUIRY. 559 IGtli day of October? — A. It was a result of the wounds. Blood- poisorting set up in the wounds. Q. How many of these men were in the hospital at the time! — A. Five. Q. In your examination of the wounds of these men in the hospital, or at any time subsequently, did you see any wounds which appeared to have been inflicted by the use of a sword bayonet*? — A. I did, in the case of Hamilton. Q. What part of the body was that wound? — A. There was a wound of the buttocks. The reason I thought it was caused by a sword-bay- onet, was from the character of the perforation in the drawers worn by Hamilton being very broad and cut smooth. Q. About how broad was the cut? — A. About an inch and a half to two inches. Q. As I understand you, these cuts or wounds in the bodies of these men that you examined, independent of the appearance of the clothing they were wearing at the time would not show whether they were caused by' a bayonet, or any other sharp instrument in the shape of a knife? — A. They would not. Q. Was that the case with Hamilton's wound, independently of the condition you found the hole in the drawers? — A. It was. It w^s im- possible to say whether it was made with a sword-bayonet, or another sharp instrument. Q. With reference to the wounds of the other four wounded men, are * you able to say whether or not they were made by sword bayonets? — A. I am not. Q. Why? — A. Because the point of a sword-bayonet is practically identical with a knife, or some other sharp cutting instrument, and in some of these wounds it might have been a sword bayonet. The instru- ment had not penetrated sufficiently far to indicate that it was a sword bayonet. Q. Could you tell from your examination of those wounds, without reference to their depth, and independent of the hole made through the clothing, whether or not they were made by a knife or a sword bayonet ? — A. If a sword bayonet should penetrate sufficiently to give the wound the width which a wound made by a sword-bayonet would have, I think it could. It is possible to have a knife similar to a sword-bayonet. I think it could be as broad as a sword-bayonet. Q. Then are you able to state whether or not those other wounds were made by a knife or a sword bayonet? — ^A. I am not. Q. So far as you are able to judge, from your own observation, what was the feeling existing among the residents of Valparaiso, with refer- ence to Americans, or American sailors, or offtcials, prior to the time that liberty was given to the crew of the "Baltimore," on the 16th day • of October last? — A. I know that an extremely hostile feeling existed towards Americans. I can no better illustrate this, than by the follow- ing incident. The hospital officials were in need of physicians after ' the battle of Placilla, about the 1st of September, and when past assist- ant surgeon Edgar of the " San Francisco," and myself had been given wards in one of the city hospitals at Valparaiso, a Chilean_army officer, high in rank, flew into a rage, because his son was being treated by ,- American physicians, and he said that he would rather his son died than have Americans touch him. Q. Who was attending him?— A. We were attending him. Q. Hadi the son been wounded in the Chilean army?— A. The son 560 RELATIONS WITH CHILE. had been wounded in the Chilean army, and was extremely anxious to remain in our wards. . Q. Was this Chilean officer to whom yon refer, as high in rank, pres- ent in the hospital at the time he made the remark to which you have referred, and in your presence and hearing? — A. He was. I do not understand Spanish sufficiently well to translate a long remark, but he was gesticulating wildly, and I could catch the word "Yankee", and another American, who had been many years in the country, translated what he said for me. Q. Was this American present at the time? — A. This American was present at the time, and the sou was removed from our wards to prevent trouble. Q. Were you, at this time renderiijg voluntary service to the wounded of the Chilean army? — A. We were. • Q. By request of the hospital authorities'? — A. By request of the hospital authorities, and the orders of Admiral Brown. They requested our services of Admiral Brown. Q. What difference, if any, in the feeling of the residents of Valpa- raiso towards the Americans, did you notice as between what you ob- served when the'" Baltimore?' first visited Valparaiso in May last, and that existing after the fall of Valparaiso in the latter part of August last? — A. It was totally different. " ' Q. How ? — ^A. In May they were excceedingly friendly. After the fall of Valparaiso, they were most unfriendly. Q. Did WiUiam Turnbull, the coal-heaver of the "Baltimore," who died, as you have stated in your testimony, make any statement mth reference to the attack upon him when he was on shore at Valparaiso on the 16th day of October last? If so, please state what it was, and under what circumstances it was made? — ^A. He made an ante-mortem statement to me. Q. Where was it made, and when? — A. It was made in the prison ward of the hospital. Q. On what day ?— A. On the 18th of October, ,Q. Two days after he was assaulted? — A. Yes sir. Q. Did he make it to you ? — A. Yes sir, he made it to me, and I took it down at the time. Q. Have you that statement? — A. Yes sir. Q. Will you please read it? — A. It is as follows (reading): "I was not intoxicated. I was talking with a friend, an American, and we went into a bar-room, and they in the bar-room told me there was a crowd outside waiting for me and not to go out, so I waited for awhile until I thought they had gone away. Then I went out and as soon as I was outside was struck on the head with a stone. I turned around and tried to get back into the saloon, but they would not let me in. The mob was around me on all sides, and in a short time I was knocked . unconscious, and I only came to in tlie hospital. I do not remember when I was stabbed." That is the statement he made to me. Q. Did Turnbull ask to make his statement? It was voluntary on his part? — A. It was voluntary on his part, I asked him for it of course, but I tlid not give him an order to make it, or anything of that kind. Q. When you called at the hospital in Valparaiso on the 17th of Oq- tober last, the day after the disturbances on shore, to see the wounded members of the crew of the "Baltimore", Turnbull, Talbot, Panter, Hamilton and Davidson, did you make an inquiry of the Sister in BALTIMORE INQUIKY. 561 charge of the Ward where these men were, as to their condition as to sobriety, when they were received at the Hospital? — A. By order of Captain Schley, I made inquiry of the Sister, who was in charge of the prison wards of the hospital where these men were, whether the American sailors were drunk, at the time they were re- ceived at the hospital and she replied "no", in Spanish. Q. What American sailors did you refer to? — A. The American sail- ors, Talbot, TurnbuU, Hamilton, Davidson and Panter. Q. What did she say? — ^A. I asked her in Spanish whether they were drunk at the time they were received at the hospital, and she replied "no". Q. What did she say? — A. She answered "no". Q. She said they were not drunk? — A. Yes sir. Q. Did you understand from her that these men were sober when they were received at the hospital? — ^A. I did. Q. When were they received at the hospital? — ^A. The evening of the '16th of October last. (Sgd.) E. E. Stitt, Asst. Sv/rg. U. 8. JT. TTnited States op Ameeioa, State and NortJmrn District of Galifbrnia, ss: I, James S. Manley, a Commissioner of the Circuit Court of the United Stfites for the Northern District of California, do hereby further certify that E. E. Stitt the witness who subscribed the foregoing deposition, was by me duly sworn; that said deposition was taken on the 12th day of January, A. D. 1892, at the OfQce Building of the ISTavy Yard at Mare Island, California; that said deposition was taken down in short- hand by stenographers employed for that purpose, and afterwards by them reduced to type-writing, and read over to the witness, and by him declared to be correct, and by him subscribed in my presence. In Avitness whereof, I have hereunto set my hand this 13th day of January, A. D. 1892. (Sgd.) - ' J. S. Manley, Commissioner, United States Circuit Cowrt, Northern District of CaUfornia. DEPOSITION OF STEPHEN S. WHITE. Be it remembered, that at the above-entitled examination, conducted by Colonel W..B. Eemey, U. S. M. C, Judge Advocate-Gceneral of the IJ. S. Navy, by order of the Secretary of the Navy, held at the Office Building of the Navy Yard, Mare Island, California, on the 12th day of January, 1892, before me, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of Cali- fornia, duly appointed and qualified, personally appeared Stephen S. White, who, after being duly cautioned and sworn, did depose and say as follows, to-wit : Stephen S. White, haying been duly sworn, testified as follows: The Judge Advocate Geneeal. — Q. Please state your name, rank, and station.— A. My name is Stephen S. White; past assistant surgeon in the United States Navy, and serving as such on board the "U. S. S. Baltimore". Q. Were you attached to the "Baltimore" when that vessel was in the harbor of Valparaiso, Chile in October last?— A. Yes sir. 36 562 RELATIONS WITH CHILE. Q. Howlong have yon been attaclied tothe "Baltimore"? — A, Since June, 1891. Q. Were you on shore in Valparaiso, on the 16th day of October last, when the members of the crew of the "Baltimore" were on shore on liberty? — A. I was. Q. Did you see any members of the crew on shore that day? — A. I did. Q. About what time of the day did you last see them? — ^A. About 20 minutes after 5 in the afternoon. Q. About how many of them did you see? — ^A. About 10. Q. Where were they? — ^A. Walking along Calle Esmeralda and CaUe Prat. Q. Between the Intendencia and the Plaza "Victoria? — A. I also saw several men around the Intendencia and that part of the town, between the Plaza Victoria and the Plaza Intendencia. Q. What was the condition of the men whom you saw on that occa- sion as to sobriety? — ^A. AU the men I saw were sober, and saluted offlcers that passed, as they would on board the ship. Every man whom I saw, was perfectly sober. Q. Did you see any disorderly conduct on the part of any members of the crew of the "Baltimore" on .that day? — ^A, I did not: I saw the man saluting aU ofl&cers as well as our own, and the officers of other vessels in the harbor, English, French, German and Chilean. Q. Did you see any of the wounded members of the crew of the " Baltimore" when they were on shore on liberty in Valparaiso, on the 16th day of October, last, and if so, under what circumstances, and when did you see them?— A. The first wounded man that I met, was Jerry Anderson, whom I saw on board the ship on the morning of the 17th of October. Prom time to time, during the following three days, I had men come to the sick bay for treatment, who had been wounded on the 16th of October, on shore. On the afternoon of the 21st of Oc- tober, I t^ent on shore in consultation with assistant surgeon E. E. Stitt, to see the wounded men from our ship in the hospital San Juan de Dios. After visiting Talbot, apprentice, Davidson, landsman, and Panter, coal-heaver of the " Baltimore", and finding their wouijds not of a serious nature, I went and examined carpenter's mate John Ham- ilton, and found him suffering from severe pain in the abdomen and back. The sister-of-charity had reftised Doctor Stitt permission to give this ma.n any treatment. Q. This hospital was in charge of sisters-of-charity?— A. Yes sir, stating that no one would be allowed to treat prisoners in this ward, without permission from the doctor in charge, but Hamilton's condition was such, that I demanded that he receive attention at once. After a delay of half an hour, I obtained hot water and soap, and an improvised syringe, and gave him an enemata of warm water which eased him for the time being. I had taken on shore with me some sulphate of mag- nesia, as I thought it more than likely that the men had not received proper attention, and would probably be constipated. Hamilton was the only one requiring the salts. Then I examined Turnbull. I found his wounds had received imperfect treatment, and after consultation with Doctor Stitt, determined that the best thing to do, would be to take that man on board the ship. We then went to the Judge of Crimes, stated the condition of this man Turnbull, and obtained a verbal con- sent to take the men off. Doctor Stitt returned to the hospital, but ^ey wo-ald not allow him to remove them, without a written permission. Ue finaUy succeeded in obtaining permission, and took Davidson, BALTIMORE INQUIRY. 563 Talbot and Panter, in a carriage down to the Mole, and brought them off to the ship. I went off to the ship, reported the condition of the men to Captain Schley, and gave my reasons for wishing to briag them on board tjie ship. The following morning, with an escort uhder com- mand of Lieutenant McCrea, I went to the San Juan de Dios hospital, placed Hamilton in a carriage, and sent him to the Mole, put TurnbuU in a stretcher, carried him to the Mole, placed him in a boat, and took him off to the ship. Q. Did you take Hamilton off at the same time? — A. Hamilton had been placed in a boat and carried off" before we arrived. As soon as we arrived, I dressed Hamilton's wounds, and then thoroughly cleansed and dressed the wounds of Turnbull. The bathing and attention he received, refreshed him very much. His condition remained the same for 24 hours, when great elevation of temperature was observed, with disturbances of circulation, and respiration, and inability to sleep. Every means were used to produce sleep, but failed. The wounds were dressed on the following day with similar relief of his condition, but lasted a short time. His temperature began to mount up rapidly, and it was impossible to reduce it by drugs. Wei kept him alive with stimu- lants during the day and night, and the following morning, after a careful examination of the lungs, found fluid and pus. We determined to aspirate the chest, and- removed a small amount of serum, blood- stained. The temperature dropped immediately to within one degree of normal, and he seemed somewhat relieved. About 2 o'clock in the afternoon his temperature began to rise, and he grew rapidly worse, be- coming delirious about 'sundown, sank gradually, and died at 12:45 the following morning. Q. What date was that?— A. October 25th. Q. Please describe the wounds of "Turnbull, Hamilton, Talbot, David- son and Panter t Did you see the body of Eiggin ? — A. Ko sir ; I did not see Eiggin's body at all. Talbot, the apprentice, had two incised wounds in the back, one over the left cervical vertebrae, and the other over the scapula, over 5 inches in length. These wounds must have been made with a sharp cutting instrument, such as might be produced by a knife, or a sword bayonet. John Hamilton, carpenter's mate of the " Baltimore " had several contused wounds on the back of the head, and incised wounds of the buttock, and one-just above the crest of the right ilium. These wounds were also made with a sharp cutting instru- ment. The wounds on the back of the head being contusions, were not of a serious nature, and were produced with a blunt instrument, such as a stone, or a piece of wood. John Davidson, landsman, of the " Baltimore", had a severe but not fatal contused wound on the bacs: of the head, which also was produced with a blunt instrument, either a stone or piece of wood. George Panter, coal-heaver, of the " Baltimore", had a severe contused wound in the back of the head, which was produced with a blunt instrument, and there were contusions on the body as well. Q. Were these other wounds to which you have referred, similar to those of Talbot, which you have stated might have been produced or made with a knife or sword-bayonet ?— A. They were aU. clean-cut sharp wounds, such as might have been produced with a knife or s^ord- bayonet. It is impossible to say whether it was a sword-bayonet or knife. They were sharp, clean-cut wounds. Q. What, in your judgment, caused the death of Turnbull'?— A. The immediate cause of death was blood-poispning, which resulted fi-om im- 564 RELATIONS WITH CHILE. perfect dressing, and attention to the wounds lie had received from the mob in Valparaiso. Q. Where was this imperfect dressing and attention'^ — A In the prison-watd of the San Juan de Dios hospital in Valparaiso. Q. Were not those wounds, of a serious nature? — A. They were of a serious nature, but not necessarily fatal. Q. Please state the names and ratings of any other members of the crew of the "Baltimore," who were injured and wounded on shore, when on liberty in Valparaiso, on the 16th day of October last. Also the nature of the wounds or injuries"^ — A. Jerry Anderson, coal-heaver, had an incised wound of the upper lip, and two wounds on the back, in- cised, one about an inch deep, and the other 5 inches in depth, pene- trating the left lung between the 7th and 8th ribs. Q. Was that a serious wound? — A. A very serious wound, from which he lost a great deal of blood, and from which death would have followed Avithout proper treatment. This man Anderson was under treatment from the 17th of October to the 30th of ISTovember, on account of this in- cised wound in the back. William Caulfleld, private-marine, stremma on the calf of the leg, due to a blow which he received from a blunt instru- ment, wMle on shore in Valparaiso; also the right knee where he was kicked by some one in the mob. He was disabled four days. Joseph Quigley, second-class fireman, stremma of the right thumb, which was the result of an attack by the mob in Valparaiso. Quigley was dis- abled 8 days. Frederick Chfford, Marine drummer, contusio of left eye, the result of a blow from a stone, by one of the mob in Valparaiso. He was disabled for three days. Michael Houlihan, incised wound of the left thuihb, which was .the/ result of a sharp instrument in the hands of some one in the mob on the 16th of October, in Valparaiso. Houlihan was disabled six days. Frank Smith, apprentice, incised wounds on the right side of the scalp, not of a serious nature, proba- bly produced by a stone. Smith was disabled for two days. John Butler, apprentice, incised wounds right side of scalp, contusion of the right arm and leg, none of a serious nature. Butler was disabled two days. John McBride, an incised wound of the left wrist, and also of the scalp, and a contused wound at the back of the head. Kone of these wounds were of a serious nature. He was disabled for six days. James Gillen, coal heaver, etremna of left wrist; considerable swelling and pain, but not of a serious nature. He was disabled for two days. William Lacy, coal-heaver, contused wound on the back of head of a serious nature, but from which he recovered speedily, also re- ceiving incised wound across left elbow-joint, which was very se- rious, as it involved the elbow joint, and might possibly render . the arm stiff. He was disabled two days. E. J. J. S. Hodge, contu- sion of the body and head ; result of an attack by the mob in Valparaiso on the 16th day of October. He suffered a great deal of pain for. sev- eral days while confined in the jail ai Valparaiso. He-was disabled six days. John Eooney, coal-heaver, contusion of the body and head, the result of an attack by the mob in Valparaiso, not serious; disabled three days. Herman Fredericks, ordinary-seaman, incised wound over right eye; result of an injury sustained on shore in Valparaiso; the wound made with a sharp cutting instrument; not of a serious nature but disfiguring; disabled five days. Q. Were the incised wounds, to which you have last referred in the list of wounded men given, of the same character .as those described in the cases of Talbot and others? — A.- Yes sir. Q. Did you make any investigation or report on the^question as to BALTIMORE INQUIET. 565 the character of the projectile with which Eiggin was shot on the oc- casion referred to, if so, what was iV>. State all the circumstances con- nected with it? — A. After making a number of experiments with a piece of cloth of the same character as that on the shirts Johnson wore while on liberty in Valparaiso, it was placed against a piece of meat and fired at with a United States Navy rifle, and a United States navy pistol, by assistant surgeon E. E. Stitt, for the pprpose of comparing the size of the hole made in this cloth, and that in the shirt of Johnson, the armorer of the U. S. S. "Baltimore", \^hich had been made in the shirt by a projectile fired on shore, and which produced the death of Eiggin the boatswain's mate. This piece of Tjloth was taken on shore for* the purpose of convincing,, the surgeons appointed by the Judge of 'Crimes Q. What surgeons? — A. The Chilean surgeons appointed by the Judge of Crimes to meet us and decide whether the death of Eiggin resulted from a pistol-shot, or a rifle-shot. After discussing the ques- tion with the" surgeons for some time, we gave our opinion and reasons for saying that death had resulted from a rifle-shot, while they stated death had resulted from a pistol-shot, but gave no reasons for such an opin- ion. We signed a paper in Spanish, giving our opinion that death re- sulted from a shot fired fr6m a rifle, and not from a pistols or revolver. This opinion was written out in Spanish, and given to the Secretary of the Judge of Crimes. ^ Q. For what length of time were Hamilton, Talbot, Davidson and Panter, respectively, disabled for duty, by reason of wounds received on shore at Valparaiso on the 16th of October last?-^A. Panter was disabled from October 17th to November 22nd. Hamilton was disabled from October 17th to November 17th. Talbot was disabled from Octo- ber 17th to November 25th. Davidson was disabled from October 17th to October 26th. Q. So far as you are able to judge, from your own observation, what was the feeUng existing among the residents of Valparaiso, with refer- ence to Ajnericans, or American sailors, or officials, .prior to the time that liberty was given to the crew of the "Baltimore", on the 16th day pf October last?— A. I had no knowledge of the feeUng that existed, with reference to the Americans, before the fall of Valparaiso, conse- quently I do not know what the feeling was, before the opposition sue- Q. What was it after the fall of Valparaiso, and when did the city fall?— A. My first opportunity for observing any feeling was while I was attached to the San Augustine hospital in Valparaiso. I reported . to the Surgeon-General in Chief of the Chilean Army, and informed him that I had been ordered ashore by Admiral Brown, to render serv- ice to the wounded in the War, and said that I would hke to have a Ward in the San Augustine hospital. He said that he would see. I was the last one to be assigned a ward. This ward was m the ba,se- inent of the hospital, without ventilation or hght, and with no assist- Q. That is, you had no assistants?— A. No sir. The first day I dressed and cared for 60 or more wounded Chileans. ^, ^ , Q. What were they? Soldiers?— A. Soldiers and sailors. The foL lowing morning when I returned to the ward, I found that nearly half of my patients had been changed, and new ones substituted. I asked them why this had been done, and received no answer, except that my ward was crowded, while to my own knowledge there were several wards in the floors -above overcrowded. I requested to be supphed 566 RELATIONS WITH CHILE. Tvitli a clinical thermometer and otlier instrnments necessary for the treatment of the wounded. They were promised me, but were never turned over. It was evident that they did not wish my services. Q. Were your services requested by the authorities of Chile on that occasion? — A. I do not know. I received orders from Admiral Brown: Q. To go there and treat the wounded?— A. To report on shore for duty; caring for the wounded in the Chilean hospitals. Q. Did you see any cases 'of wounded men in the hospitals of Val- paraiso, Chile, who were wounded by rifle-shots?— A. I should say I, examined at least 150, and saw from 300 to 500 more. (Sgd.) - Stephen S. White, .P.A. Swg. U. 8. Wmy.^ : United States oe America, State and Northern District of California, ss: I, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of California, do hereby farther certify^ that Stephen S. White, the witness who subscribed the foregoing depo- sition, was by me duly sworn; that said deposition was taken on the 12th day of January, A. D. 1892, at the Office Building of the Navy Yard at Mare Island, California; that said deposition was taken down in shorthand by stenographers employed for that purpose, and after- wards by them reduced to typewriting, and read over to the witness, and by hirn declared to be correct, and by him subscribed in my presence. In witness whereof, I have hereunto set my hand this 13th day of January, A. D. 1892. (Sgd.) • J. S. Manlet, Commissioner, United States Circuit Court, N'orthern District of California. DEPOSITION OP EDWARD W. STURDY. Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Eemey, U. S. M. C, Judge Advocate-General of the U. S. Navy, by order of the Secretary of- the Navy, held at the Office Building of the Navy Yard, Mare Island, California, on the 12th day of January, 1892, before me, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of Cali- fornia, duly appointed and qualified, personally appeared Edward W. Sturdy, who, after being duly cautioned and sworn, did depose and say as follows, to-wit: Edward William Sturdy, having been duly sworn, testified as fol- lows : The Judge Advocate-General. — Q. State your name, rank, and station. — ^A. My name is Edward William Sturdy; Lieutenant in the United States Navy, serving on board the " U. S. S. Baltimore". Q. Were you attached to the "Baltimore" when that vessel was in the harbor of Valparaiso, Chile, in October last?^-A. I was. Q. Did you go on shore at Valparaiso that day? If so, at what time It— A. I went on shore at about 7 p. m. Q. Did you see any of the members of the crew of the " Baltimore"?—. A. I did. Q. About how many, and where did yoil see them? — A. On landing BALTIMORE INQUIRY. 567 I saw 2 or 3 at the head of the Mole. I saw afterwards 15 or 20 near the statue of Arturo Prat. Q. In front of the Intendencia? — A. No sir. Q. Is it near the Mole? — A. Between the Intendencia and the Mole. I saw directly afterwards, on my way up town, in the Plaza in front of the Intendencia some 10 or 12 more of the crew of the "Baltimore". I saw no more on that day. Q. What was the condition of those men as to sobriety, when you saw them? — ^A. To aU appearances perfectiy sober, Q. Were they in uniform? — ^A. Yes sir. Q. How were they conducting themselves at the time? — A. With perfecj; propriety. Q. Did you notice any evidence of disorder on shore when you landed ? — A. The men that I saw near the Arturo Prat monument, as I passed those men by, two of them came to me and said Q. That is two of the crew of the "Baltimore"? — ^A. Two of the crew of " Baltimore^' whom I saw near the Arturo Prat monument; they came to me and said that the authorities wished them to return to the ship at once, referring to two men, apparently policemen, standing near. They gave as a reason for this, that there had been some trouble, or trouble was threatened. They stated further, that as they had not oeen in any trouble, and as their liberty extended until the next morning, and they . were perfectly sober, they did not see why they should be sent off to the ship, but were perfectly willing to abide by any advice I should give them. I told them, if there was any row going on, or one was threatened, it would be much better for them to go to the ship, as ariy liberty they might lose in consequence, would undoubtedly be given them again. To this they assented, and turned in a body and went down towards the Mole. I paid no further attention to them. Q. About how many of them were there? A. 15' or 20. After pass- ing the men in the plaza above, to whom I did not speak, and who were some distance from me — some 30 or 40 yards — I went oh up town, but returned in 15 minutes to the police station, which is near the Captain of the port's oflce, with the view of being of any assistance if possible, if trouble was threatened. Q. Assistance in what way— to the men?— A. To our men, or check- ing any trouble that might be threatened. I found the officer in charge, and he told me there had been a fight in the lower part of the town, but it was aU over, and everything was quiet. He thanked me, and said Wre was no need for any steps on the part of anyone. On my way to this police-station, I notitsed that the Plaza was clear of men; no one in it except the ordinary passers-by, and when I returned it was in the same condition. ,» . t Q. What time was this?— A. Between 7 and half past. 1 saw, or heard nothing more that night. The following day I was on shore, and went into a cafg, called the Ga£6 Pacifico. There I saw 2 or 3 ofacers. The only one I remember now, is Mr. Eowbotham, past assist- ant engineer of the "Baltimore" and perhaps a half dozen, possible more, of the crew of the "Baltimore". „„ . Q, That was the next day?— A. The day foUowmg; This was.be- tween 1 and 2 o'clock P. M.- One or two of the men who were m the Pacifico Caf6, expressed a fear of being attacked on tbeir way to the Mole They were about to go on board in a boat which had been sent from the " Baltimore " for that purpose. In conjunction with Mr. Bow- botliam I assured them that we would see, in so far as lay m our power, that they were not attacked; that we would go down directly ahead ot 568 RELATIONS WITH CHILE. them to the Mole, and be there when they reached the Mole, and see that they got safely into the boat. Q. Did they go?— A. Yes sir: we carried out that programine, and in~ a few moments after we reached the Mole the men showed up. At that time, there was quite a party of civilians collected on the Mole; one or two were very out-spoken, and talking in Spanish ,broken English, and EngHsi.. Q. What was the drift of their talk?— A. I am coming to that. We saw that a passage-way was cleared, and Mr. Eowbotham stood at the head of the Mole and I went to the foot of it. We got our men in the boat. One or two of the Chilean people at the head of the Mole began talking, swearing, and shakiag their fists at the men in theboat, to which our men replied by shaking their fists in return. At a word ficom me, our men in the boat were absolutely quiet. One of the Chilanos at the head of the Mole said to our men in the boat, that if they would come out of the boat, he would shoot the whole damned lot of them, or cut their throats. I really forget what the exact expression was. He was creating a disturbance, and there were several policemen there, and an officer or two of the police service of Valparaiso. I told this man, that he had taken a large contract on his hands, and that he had better keep quiet, or words to that effect. Then I went up to an officer on the Mole, and reported the fact that this man was creating an unneces- ■ sary disturbance. Q. A police officer? — A. Tes sir, and I would be very much obliged to him, if he would take him off the Mole until our men had shoved oft^ ' Q. Did he remove him ? — A. The police officer instantly took this man in charge, and hustled him off to the Mole. I.wiU add that I recall now that this man said he was a boatswaia on a Chilean man-of- war. Q. Which man ?-^A. The man who made.the offensive remarks. That is aU I personally know of what happened at the time. The other in- formation that I possess comes only from the result of the investigation Which we all knew from the report of the officers composing the board. (Sgd.) E. W. Sturdy, Lieut. U. 8. N. United States of America, State and Northern District of California^ ss: I, James S.Manley, a Commissioner of the Circuit Court of the United States for the Northern District of California, do hereby further certify that Edward W. Sturdy the witness who subscribed the foregoing dep- osition, was by me duly sworn; that said deposition was taken on the 12th day of January, A. D. 1892, at the Office Building of the Navy Yard at Mare Island, California; that said deposition was taken down in shorthand by stenographers employed for that purpose, and after- wards by them reduced to typewriting, and read over to the witness, and by him declared to be correct, and by him subscribed in my pres- ence. In witness whereof, I have hereunto set my hand this 13th day of January. A. D. 1892. (Sgd.) J. S. Manley, Commissioner, United States Circuit Court, Northern District of California. BALTIMORE INQUIHY, 669 DEPOSITION OF WILLIAM EOWBOTHAM. Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Eemey, U. S. M. 0., Judge Advocate-General of the U. S. Kavy, by order of the Secretary of the Kavy, held at the Oface BuUding of tihe K'avy Yard, Mare Island, California, on the 12th day of January, 1892, before me, Jam6s S. Manley, a Commissioner of the Cir- cuit Court of the United States for the Northern District of California, duly appointed and qualified, personally appeared William Eowbotham, who, EEfter being duly cautioned and sworn, did depose "and say as fol- lows, to- wit : William Eowbotham, havingbeen duly swOrn, testified as foUows : The JiJDGE Advocate -General. — Q. Please state your name, rank, and station.r— A. My name is William Eowbotham; I am past assistant engineer, TJ. S. Navy; aittached to the United States Cruiser "Balti- more". Q. Were you attached to the U. S.. Cruiser "Baltimore" when that vessel was at Valparaiso, Chile, in October last? — A. Yes sir. Q. How lohg have you been attached to the "Baltimore"? — A. Ever since the 7th of January, 1890. Q. When did the "Baltimore" first arrive at Valparaiso? — ^A. About May last, I think. Q. About how long did the vessel remain there? — A. I don't know exactly. In the neighborhood of a month; I think a little over that. Q. A little over a month? — ^A. Yes sir. Q. Then how long after that before the vessel returned to Valpa- raiso? — A. WeU, a couple of months; In that neighborhood. Q. Do you know when it was she got back there? — A. It was in the latter part of August; just before the fdU of Valparaiso. Q. What was the feeling existing amongst residents of Valparaiso towards Americans, or United States sailors or officials during the time the "Baltimore" was there on her first visit?— A. During the time of her first visit, the feeling seemed to be very friendly, with every one that I met; both Government and opposition. They were in the midst of a rebelMon at that time. Q. Did you meet many citizens and make many acquaintances in Valparaiso?— A. Not a great number; but I met casually quite a num- ber qf people. Q. iDid you meet a number sufficient to give you an idea of the feel- ing of the people generally?— A. I think so, yes sir. . Q. On the return of the "Baltimore" to Valparaiso, the latter part of August last, and about the time of the fall of Valparaiso, and subse- quently during the visit of the ship there, did you observe any difier- ence in the feeling shown by the residents of Valparaiso towards Americans or United States sailors or ofiacials; if so, what difference did you notice?— A. Well, on our arrival there the second time, on my first visit on shore, I discovered that their feeling had undergone a great Q. Whose feelings had undergone a great change?— A. The feelings of the Chileans had undergone a great change before our return, ihey were very much opposed.to us. They hadn't any kindly feehng left for us at all, apparently. . ^, ■^t, * t*?- n Q. State generally, what directed your attention to that I— A. Well, they would meet me with such questions as "WeU, if you are friendly 570 RELATIONS WITH CHILE. with the ChOeans, how do you account for the Itata affair"? "How do you account for the cutting of the cable"? "How do you account for Brown's going to Quinteros"? And subsequently^ they wanted to know how, if we were Mends, we accounted for taking care of their enemies, who were refugees from them, from their justice, Q, Were you accosted in this way by people whom you had known before; whom you had met before?— A. Yes sir. Q. By whom you had been before iJordiaUy received ? — A. Yes sir. The only Chilian that I recollect distinctly addressing me in this way had to have what they said interpreted, as I could not understand them. But their friends, who spoke English, in Valparaiso, all spok§ in that way. And that was about the way I was accosted. Q. Whose friends? — ^A. The Chileans, who had just got in power. Q. As I understand you, that was the feeling generally of the people, then, the officials of Valparaiso, was it? — ^A. Yes sir. Q. "What courtesies were extended, if any, to the officers of the U. S. S. "Baltimore," after your second return there, so far as you know? — A. I don't recollect of ever having heard of any courtesies having been extended to us. (Sgd.) W. EOWBOTHAM, P. A. Ungnr., U. S. ¥. United States op America, State cmd Northern District of California, ss: I, James S. Manley, a Commissioner of the Circuit Court of the TJnited States for the Iforthern District of California, do hereby fiir- ther certify that William Rowbotham the witness who subscribed, the foregoing deposition, was by me duly sworn; that said deposition was taken on the 12th day of January, A. D. 1892, at the Office Building of the Navy Yard at Mare Island, California; that said deposition was taken down in shorthand by stenographers employed for that pur- ' pose, and afterwards by them reduced to»typewriting, and read over to the witness, and by him declared to be correct, and by him sub- . scribed in my presence. In witness whereof, I have hereunto set my hand this 13th day of January, A. D. 1892. (Sgd.) J. S. Manley, Commissioner, United States Circuit Court, Northern District of California. DEPOSITION OF HENRY CASS. Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Remey, U. S. M. C, Judge Advocate-General of the U. S. Navy, by order of the Secretary of the Navy, held at the Office Building df the Navy Yard, Mare Island, California, on the 13th day of January, 1892, before me, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of Cali- fornia, duly appointed and qualified, personally appeared Henry Cass, who, after being duly cautioned and sworn, did depose and say as fol- lows, to-wlt: Henry Cass, seaman apprentice, first-class, U.S. S. " Baltimore", re- called. The Judge Advocate-General.— Q. When you were on shore on liberty at Valparaiso, Chile, on the 16th day of October last, did you have any knife, weapon, or any arms about you of any kind?— A. No sir. , BALTIMORE INQUIRY. 571 Q. After your iirrest were you searched, and if so wliere and by J^^-!^^: I y^® searched in the lockup by one of the policemen. Q. What did they take from you?— A. Nothing, sir. Q. y^hile you were on shore that day, or at any time that evening, did you have an iron pestle?— A. ISTo sir. Q. Did you see an iron pestle in the hands, or possession of any member of the crew of the "Baltimore" on liberty that day, or that evening m Valparaiso? — A. If o sir. Q. Did you see one at any time on shore while you were there? If so, when and where did you see it?— A. I saw it first in the court- room. Q. When was that?— A. The next morning after I was locked up That was on the 17th. Q. Are the court and the prison in the same building? — ^A. Yes sir. Q. Then you saw one in court?— A. Yes sir. Q. Who had it?— A. I don't know what he was, an under Judge, or secretary, or some one in the courtroom. Q. Were you asked whether that pestle belonged to you?-^A. Yes sir, it was charged to me. Q. What did you say?— A. I told him I did not have it. Q. When you saw this pestle in the courtroom as you have stated,, did you see any other articles belonging to ahy members of the crew of the "Baltimore" who had been arrested?— A. Nothing but pocket or pen knives. Q. Did you see Cunningham there when he was searched?— A. Yes sir. Q. What did you see them takie from him?— A. I did not see them take nothing but money, and a small pen knife. Q. Are you sure he had a small pen knife? — A. Yes sir. Q. Did you see them take any other knife, a sheath knife or a dirk from Cunningham? — A. No sir. Q. HoAV far vwere you from Cunningham when he was searched? — ^A. Eight by the side of him. Q. You saw the police search him? — A. Yes sir. Q. You saw tj^em commence and complete the search of Gunning- ham ?— A. , Yes sir. Q. And no sheath knife, as I understand, was taken from him?— A. No sir. (Sgd.) ' Henkt Cass. United States op America, State cmd Northern District of California, ss: . I, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of California, do hereby further certify that Henry Cass, the witness who subscribed the foregoing deposition, was by me duly sworn; that said deposition was taken on the 13th day of January, A. D. 1892, at the Oflice of the Building of the Navy Yard, at Mare Island, California j that said deposition was taken down in shorthand by stenographers employed for that purpose, and afterwards by them reduced to typewriting, and read over to the witness, and by him declared to be correct, and by him subscribed in my presence. In witness whereof, I have hereunto set my hand this Wth day of Janijary, A. D. 1892. (Sgd.) ' J. S. Manlet, Commissioner, United States Ciremt Cowrt, Northern District of Calif omAa. 572 RELATIONS WITH CHILE. DEPOSITION OF UEIEL SEBEEE, Be it remembered, that at the above-entitled examination, ccmdncted by Colonel W. B. Eemey, U. S. M. C, Judge Advocate-General of the TJ. S. Navy, by order of the Secretary of the Navy, held at the OfBce Building of the Navy Yard, Mare Island, California, on the 13th day of January, 1892, before me, James S, Manley, a Commissioner of the Circuit Court of the United States for the Northern District of Califor- nia, duly appointed and qualified, personally appeared Uriel Sebree, ■who, after being duly cautioned and sworn, did depose and say as fol- lows, to- wit : Ueiel Sbbeee, having been duly sworn, testified as fisllows : The JuDfeE Advocate-GtENEKAL. — Q, What is your name, ranli, and station? — A, My name is Uriel Sebree, lieutenant-commander in the United States Navy, and executive officer of the U. S. S. " Balti- more". Q. How long have you been attached to the " Baltimore"! — ^A. Over two years. Q. Were you attached to the "Baltimore" when that vessel was in the harbor of Valparaiso, Chile, in October last? — ^A. Yes sir. Q. As executive officer? — ^A. Yes sir. Q. How many members of the crew of the " Baltimore" were granted liberty on the 16th day of October last in Valparaiso, Chile, and for what length of time were they granted liberty? — ^A. 117 men of the crew of the "Baltimore" were granted liberty from one P. M. of the 16th, untU 3 P. M. of the 17th of October. Q. Were there any foreign men-of-war in port at that time? — ^A. There were. Q. Of what nationality? — ^A. I think English and German, and lam not sure whether there were any French or not. I think there were. Q. Were the crews of those vessels being granted liberty on shore at the time? — A. They had been. I don't know to what extent, but they had been giving liberty to the men, I do not know whether any had been given liberty on the 16th or not, but previous to the 16th, they had been giving liberty. Q. Just immediately and about that time? — A. Yes sir. Q. Did you hear of any assaults by any body of Chileans on any of vg-Jihe members of the crew of the foreign vessels of war, when they were on shore? — A. No; only by hearsay. I heard that some days pre- viously, one of the German sailors had been attacked by some of the Chileans on shore. I merely heard this. I think one of the German ofiicers told me. Q. By a mob or what? — ^A. I do not know whether it was by a mob or not. He told me that one of their men had been attacked and beaten. This was several days previous. Q. Did you understand that there was ainy general assault made on any of the members of the crews of those vessels, while they were on shore? — A. No sir; I heard that this man was taken for an American sailor. Q. Which man ? — A. This German sailor who had been beaten or at- tacked on shore. Q. Were you on shore at Valparaiso, on the 16th day of October last, when some of your crew were on liberty there, and if so, what time did you go ashore, and how long did you remain there? — ^A. I was on BALTIMORE INQUIKY. 573 shore in the afternoon of October 16th from about 2 or half past 2 p. m. until about half past 5. I went on shore with Captain Schley. Q. Did you see any members of the crew of the " Baltimore" on shore that day? If so, about how many? Were they in uniform, and what was their conduct at the time that you saw them? — ^A. I did see prob- ably during the afternoon 30 or 40 of our men who were on liberty. ' They were in uniform, and I remember remarking to the Captain that the men were in good condition. They were conducting themselves in a proper manner. I saw, out of the 30 or 40, probably two or three men who were more or less under the influence of liquor, and had been drinking a little, but they were doing no harm to anyone — ^walking along the street. From my knowledge of these two or three men I knew they h&.d been drinking. Q. With reference to the 2 or 3 men who appeared to have been drinking to excess as stated by you, how was your attention directed to that fact! Please state the names of those men, if you can recall them. — A. My attention was directed to one of them by seeing him across the street from me, walking along the street with two of his com- panions, and he was staggering. To the others, by meeting them and seeing them, by their manner. Q. What was the conduct of these 2 or 3 men to whom you refer? ECow were they conducting themselves?— A. They were not interfering with anyone on the. street. This one man was staggering, and the others I do not remember exactly about. Probably from the way they saluted me, or something of that kind, I noticed that they had been drinking. I do not remember the names of them. Q. State whether or not, any of the 2 or 3 men to whom you refer, were included in the Mst of men who were wounded on shore that day ? — A. I do not recall the names of those men whom I saw, and whom I noticed were more or less under the influence of liquor. I do remember that two of the men who were wounded whom I saw, were not under the influence of liquor. Q. Who were they? — ^A. John Hamilton, carpenter's mate, and Jerry Anderson, coal-hearer. I saw Hamilton with a number of other men at about I should say, between 4 and half-past 4 P. M. I remember him stopping' and saluting the Captain and myself, as we passed. Q. Where was he? — ^A. At or near the Plaza Yictoria. Q. Hamilton had not been wounded then? — ^A. Ko sir, Hamilton was perfectly straight. I saw Jerry Anderson in company with one or two other men, sometime in the afternoon. I cannot recall the time; some- time between 3 and 5 down near the Mole. He was perfectly straight. I again saw Jerry Anderson at about 8 P. M. when he came on board, very severely wounded, and he was not under the influence of liquor then. I saw his wounds, and saw the man. (Sgd.) Ubiel Sebbbb, Ideut-Comdr. U. S. Wavy, United States op AmebicAj State amd N'orthern Mstrwt of California, ss: I, James S. Mauley, a Commissioner of the Circuit Court of the United States for the Northern District of California, do hereby fur- ther certify that Uriel Sebree"; the witness who subscribed the foregoing deposition, was by me duly sworn; that said deposition was taken on the 13th day of January, A. D. 1892, at the Ofdce Building of the 'Na.ry Yard at Mare Island, California; that said deposition was taken down in shorthand by stenographers employed for that purpose, andaf- 574 RELATIONS WITH CHILE. terwards by them reduced to typewriting and reaxi over to the witness, and by him declared to be correct, and by him subscribed in my presei^e. In witness whereof, I have hereunto set my hand this lith day of January, A. D. 1892. (Sgd.) J. S. Manlet, Cominissioner.^ United States Circuit Court, Northern District of California. DEPOSITION OF JAMES H. SEARS. Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Eemey, U. S. M. C, Judge Advocate-General of the U. S. Kavy, by order of the Secretary of the Navy, held at the Oflce Building of the Navy Yard, Mare Island, California, on the 13th day of January, 1892. before me, James S. Manley, a Commissioner of the CLr- cuit Court of the United States for the Northern District of California, duly appointed and qualified, personally appeared James H, Sears^ whO;, after being duly cautioned and sworn, did depose and say as foUows, to- wit: James H. Sbaks, having been duly sworn, testified as follows: The Judge Advocate-Ubnbeal. — Q. Please state your name, rank, and station. — ^A. James H.' Sears; lieutenant in the United States KavyjServing on board the "U. S. S.' Baltimore". Q. How long have you been attached to the " Baltimore ""^-rirA. Two years. Q. Were you serving on board the "Baltimore", when that vessel was in the harbor of Valparaiso, Ohile, in October last? — A. I was. Q. Were you on shore at Valparaiso, on the 16th day of October last, when some of the crew of the "Baltimore" were on shore on liberty? — A. I was. Q. Did you see any of the members of the "Baltimore's" crew onshore that day? — ^A. I did not. Q. When did you next visit the shore at Valparaiso? Under what circumstances, and for what purpose did you go on shore? — ^A. On the 17th of October, the commanding oflBcer sent me on shore with orders to call on the intendente in company with the vice-consul at Valpa- raiso, and arrange about the funeral of boatswain's mate Eiggin; also to caU at the iail, and see the chief of police, or people in authority there, and endeavor to get the release of our men who were in jail, and also to go to the hospital, and see what could be done about getting the wounded men out of the hospital. I carried out the instructions given me, and at the jail I saw the chief of police, and the judge of crimes. The judge told me that probably a number of them would be released that evening, and that there were no charges against them. Q. How many men belonging to the "Baltimore" were there in prison?— A. There were, at that time 31 in jail. Q. How many were there in the hospital? — ^A. Five wounded men in the hospital. Q. The jail and the courtrooms are in the same building, as I un- derstand?— A. Yes sir. After attending to my other duties in the city, and about tlio town, I returned to "the jail, and procured the re- lease of 20 of the men. The judge told me that I could have all of the men, but that some of them who had wounds on their faces and persons might have been involved in a row, and that he would have to ask me BALTIMORE INQUIKY. 575 to guarantee their return in case lie should want them before the court. I declined to give the guarantee, so 11 of these men were retained in jail. 20 were delivered to me and taken on board ship. Q. What time was it, when you first visited the prison, and saw the judge of crimes that day first?— A. It was about noon, and I saw the chief of police, and not the judge of crimes at that time. Q. At what time was it then, when you saw the judge of crimes, and the 20 prisoners were turned over to you?— A. In the evening. Q. About what time? — A. About between 6 and 7 o'clock. Q. At this time what did the judge say, with reference to the men? — A. He said that I could take all the men on board ship. The judge said ia addition, that it was a case involved in a good deal of obscurity, and he did not know which, if any of the men, were guilty. He said probably the majority of them were not guilty; that he did not know which ones to retain, if he retained any, but he said, some showed wounds, and he would have to ask me to guarantee their return to the court-room when he wanted them, or that he would keep them, Q. When the 20 men were turned over to you by the judge, what did he say regarding them — the men that you took off to the ship on the night of the 17th? — ^A. He said there were no charges against them. Q. Do you or not know, from information that you obtained during your two visits there that day, whether or not any charges had been formulated against any or either of the 11 men who were retained? — A. I do not. Q. Then I understand from your testimony, that the 11 men were retained by the court for the reason that they showed evidences of- hav- ing been wounded? — ^A. Yes sir, and the judge said they might have been implicated in some disturbance. He meant that the wounds were some sort of an evidence of that, and he wanted to keep them for fur- ther examination. When the 31 men were delivered to me first in the corridor of the jaU, an interpreter of the court. appeared with a paper, and while I was forming the men, in the dusk, he started to have the men in the rear sign this paper on a counter in the corridor. I stepped up and put my hand on the paper and said " What are these men signing "? The interpreter answered me that it was a mere formality, a declaration by these men that they had taken no part in any row on shore. Q. Had the judge said anything to you, with reference to this paper to which you refer? — ^A. ISo sir. Q. Was it written in English or Spanish?— A. In Spanish. Q. Did aU of the 31 men sign the paper in your presence?— A. Tes sir. Q. Had you any doubt as to the contents of the paper, after the state- ment made by the interpreter?— A. I had not. Q. Did you read it?— A. I did not. Q. About how long a paper was it?— A. A legal paper, Q. I do not mean the size of the paper, but the writing?— A. I doubt if I could say. The paper was partly folded over. The latter part of the declaration was shown, but the upper part was bent under as he laid it on the counter. Q. Then you did not see the upper part?— A, No sir. Q. Ton do not know what was in it?— A. :So sir. Q. Was it light enough for you to read it?— A. Yes sir. Q. Could you read Spanish?— A. At that time, with great difficulty. Q. There Avas part of it that you did not see?-^A, Yes sir. 576 EELATIONS WITH CHILE. Q. Did these men to your knowledge, sign any other paper that day, at the court, or in the jail? — A. 'No sir, Q. Was the intrepreter to whom you refer connected with the court ? — A. He was an official of the court. Q. Did the interpreter inform you, at the time, that the signing of this paper was required by the court? — ^A, Yes sir; he did. Q. How many of the members of the crew were in the hospital^ at the time you visited it that day, and who were they? — ^A. Mve. Hamiilton, Turnbull, Panter, Davidson and Talbot. Q. These were the wounded men? — ^A. Yes sir. Q. What further duty did you perform, and wh'en, and under what instructions were you acting, with reference to the 11 men, who were retained in jft-ison by order of the court? — ^A. The next day, the 18th of October, I went to the jail under orders from the captain, to see what the men needed for their comfort, and carry them some clothing and supplies, and to get them out, if possible; to use every effort to get them out of jail. Q. How? — A. In any way that occurred tome. Q. You did make every effort? — ^A. Yes sir. Q. What did you do? — ^A. I kept sending in to the judge, and ask- ing him when I could have them, and if he would not hurry up the ex- aminations. Q. What replies did you get from the judge? — A. They were putting it off for some reason. I don't know why. The judge had a great deal of bustaess at that time before the Court; he was working early and late. Q. What were the judge's replies to your inquiries? — A. I would send the interpreter in to ask him when I could have them. Q. That is the Court interpreter ? — ^A. Yes sir, and he would come back and say at sometime further on. I also perfected arrangements for the funeral of boatswain's mate Riggin on the 18th. On Monday, the 19th, I buried Eiggin, and visited the hospital again. I asked the judge oi crimes if I could not take the men who were in the hospital off to the ship, and I also requested medical attendance for one of the men in the jail. Q. You were doing this as a representative of Captain Schley, the commanding officer of the ship? — A. Yes. sir. The answer in regard to the men in the hospital was, that they could not be released at pres- ent, as they h^d not been examined, but that he would send an official to take their testimony. On Tuesday, the 20th, the examination of the II men having been set for that day, the Captain gave me instnictions, similar to the previous instructions, and in addition to attend the ex- amination. I was with the men while the interpreter was asking them some preliminary questions as to their age, and preparing testimony, I should say, for the use of the judge, before they went up before the court. While engaged in this, word came from the judge, that he was ready to examine these 11 men. Q. What time was this?— A. Between 3 and 4 o'clock in the after- noon. As they passed out of the room to go into the court-room, I pro- ceeded to go with them, but was told by the interpreter that I would not be allowed to go, as the summary was a secret one. Q. What did you understand the summary to be? — A. It was an in- vestigation by the judge to get at facts. Q. An examination of the witnesses by the judge. Is that what you understood it to be? — A, A personal examination of these XI men, by the judge. BALTIMORE INQUIRY. 577 Q. That it was secret, and you could not go in? — ^A. Yes sir; in the evening, they were released. Q. How long did this examination continue? — A. I should say about 2 hours. Q. 11 men were released? — ^A. Yes sir. Q. How, and under what circumstances, were they released? — ^A. I was waiting for them in one of the ante-rooms, and word was brought to me by the interpreter that the judge had finished his examination, and I could have the men. Q. This word was brought from the judge? — ^A. Yes sir, Q. Did youreceive any further information from the judge at thattime, directly, or through the interpreter? — ^A. I received no information from the judge. I spoke to the interpreter about the matter of the guaran- tees that the captain had finally agreed to give, to return such of the men as might be required. Q. Were you informed by the judge directly, or through the inter- preter at that time, that the examination of these 11 men hadbeen con- cluded? — A. The interpreter stated that the examination was concluded, at the same time saying, that a further examination of some of them, might be required. The interpreter also stated, that he did not think there were any charges against any of these 11 men in jaU except per- haps for carrying weapons. I took these 11 men in carriages to the Mole, and thence in a boat to the "Baltimore". Q. Did the 11 men who were released on Tuesday the 20th, sign an- other paper, if so, when and where did they sign it? — ^A. I was informed by some of the men afterwards, that they had signed a paper at this ex- amination in Spanish, which was explained to them to have the' same significance as the one i)reviously signed. I understood from what the men said about the paper that it was of the same description as the one previously signed, which was explained to me to be a paper — a mere formality — a statement that the men took no part in any row on the 16th. Q. Did you understand from.these 11 men, that this paper which they signed on the 20th day of October last, was signed by them after they had given their evidence, and in the court-room, secretly? — ^A. Yes sir. Q. Did you also understand that the paper which they signed, was written in Spanish? — ^A. Yes sir. Q. And that the substance of it was explained to them? — ^A. Yes sir. Q. By whom? — A. I do not know. They signed it in the court-room. Q. When did you first learn that the 11 men had signed this second paper, or the paper which they signed on the 20th ?^A. Later, upon learning that this former paper, or some paper that they had signed, had become a matter of some importance, that they had signed some pa- per exonerating the police. When I learned that, I inquired of the men what papers they had signed. Q. Did you learn whether or not they had signed a paper exoner- ating the police?— A. The men all stated that they had not signed such a paper. Q. Pleas« state everything within your knowledge in relation to any examination or action taken by the authorities towards the five -wounded men in the hospital.— A. At different times while in attend- , ance at the jail, after the 16th of October, I requested the authorities of the jail to allow me to take the men from the hospital. Q. What authorities do you refer to, when you say thb authorities at the jail? Do you mean the court authorities?— A. I spoke to the court oflicials and the jail officials, and was informed that they could not be 37 578 RELATIONS "WITH CHILE. released from the prison ward at the hospital, antil an examination of them had been made. Q. To whom do you refer — ^the wounded men in the hospital? — ^A. Yes sir; subsequent to this, the examination was made, I understand, at the hospital, and they were brought off in charge of the twto doctors, Doctor Stitt and Doctor White. Q. About when was this examination made of these men in the hos- pital, and about when were they returned to the vessel? — A. I should say the examination took place about the 20th of October. Some of the wounded men were brought off that day, and the rest the next day. Q. Were you present at the examination at the hospital, to which you refer? — A. I was not. Q. Do you know whether the men were required to sign any paper there? — A. I do not. Q. Did you see the articles which were reported to have been taken from the members of the crew of the "Baltimore" after their arrest, and when searched by the police at the jaU; if so, state what you know in relation to such articles? — A. When I first saw the articles alleged to have been taken from our men when searched by the police on Octo- ber 17th, they were in one of J;he offices of the jail. There were several pocket knives, a small revolver, two sheath knives, and an iron pestle, about 4 inches long. Later and on the 20th of October I again requested to be shown the alleged weapons, and was shown 5 or 7 pocket-knives and the iron pestle, by the court interpreter, and was told that that was all the weapons thsit our men were charged with having in their possession. None of these knives could in any sense be called a weapon. Q. What kind of knives would you call them? — ^A. I would call them ordinary pocket-knives, and in no sense weapons. Q. When the interpreter of the court pointed out to you and said that the articles consisting of the pocket-knives and the iron pestle, constituted the articles taken &om the members of the crew of the "Baltimore" by the police after their arrest, was there a sheath-knife with those articles? — A. There was not. Q. Then the sheath-knife, to which you referred, you saw on theT7th, when your attention was first called to the articles which were alleged to have been taken by the police? — A. Yes sir, the two sheath-knives. (Sgd.) James H. Sears, Lt. U. S. Navy. United States op America, State and Northern District of California, ss : I, James S. Mauley, a Commissioner of the Circuit Court of the United States for the Northern District of California, do hereby fur- ther certify that James H. Sears, the witness who subscribed the fore- going deposition, was by me duly sworn; that said deposition was taken on the 13th day of January, A. D. 1892, at the Office Building of the Navy Yard at Mare Island, California; that said depqjjition was taken down in shorthand by stenographers employed for that purpose, and afterwards by them reduced to typewriting and read over to the- witness, and by him declared to be correct, and by him subscribed in my presence. In witness whereof, I have hereunto set my hand this 14th day of January, A. B. 1892. (Sgd.) J. S. Manlbt, Commissioner, United States Circuit Court, Northern District of California. BALTIMORE INQUIRY. 579 DEPOSITIOK OP ROBEET M. DOYLE. Be it remembered, that at tlie above-entitled examination, conducted by Colonel W. B. Eemey, U. S. M. C, Judge Advocate-General of the U. S. Navy, by order of the Secretary of the Navy, held at the Ofdce Build- ing of the Navy Yard, Mare Island, California, on the 13th day of Jan- uary, 1892, before me, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of Cabfornia, duly appointed and qualified, personally appeared Robert M. Doyle, who, after being duly cautioned and sworn, did depose and say as fol- lows, to-wit : EoiBEET M. Doyle, having been duly sworn, testified as follows: The Judge Advogatb-G-eweral.— Q. Please state your name, rank, and station.— A. My name is Eobert M. Doyle; lieutenant in the United States Navy, serving on board the "U. S. S. Baltimore". Q. How long have you been attached to the "Baltimore"?— A, Two years. Q. Were you attached to the "Baltimore" when that vessel was in Valparaiso, Chile, in October last? — ^A. I was. Q. Did you go on shore at Valparaiso under instructions from the commanding officer of the "Baltimore", for the purpose of receiving and conveying to the "Baltimore", articles and money which were taken from members of the crew of the "Baltimore", when they were searched by the police, after being arrested on the 16th day of October last? — A. I did. Q. Please state what youi? instructions were, and what you did ? De- scribe the articles which were delivered to you in Valparaiso, and state by whom they were delivered? — A. On October ,23rd, 1891, the "Balti- more" then being anchored in the harbor of Valparaiso, Chile, I was ordered by Captain Schley, to convey a letter to the Intendente of Val- paraiso, which was ii;i answer to a letter received from him, which con- tained a list of articles which had been taken from the men of the "Baltimore" when they were searched on the 16th of October, after their arrest. This letter authorized me to receive and receipt for the said articles which had been taken from our men-. I went to the Inten- dente, and thfe Intendente delivered to me seven pocket-knives, also a sum of money — I do not remember the exact sum — aboxit $100 I think, partly in gold, and partly in Chilean paper. I sighed a receipt for the same. Q. Where did these pocket-knives, and the money to which you re- fer, come from? — A. They were said to be the articles that had been taken from our men. Q. Who said so? Were they turned over to you as the articles taken from your men?— A. Yes sir,. they were turned over to me, as the articles which had been mentioned in a letter to Captain Schley, which was written by the judge of crimes, and transmitted to the captain by the intendente. Q. Who .turned them over to you?— A. The intendente of Valpa- raiso. Q. Did he tarn them over to you as the articles taken from the men, after their arrest?— A- Yes sir. fSpd ) EOBT. M. Doyle, ^ ^ ' Lieut, U. 8. N. 580 KKLATIONS WITH CHILE. TJifiTED States of Ame-eica, State and Northern District of California, ss: 1, James S. Mauley, a Commissioner of tlie Circuit Court of the TJnited States for the Northern District of California, do hereby further certify that Robert M. Doyle the witness who subscribed the forgoing deposi- tion, was by me duly sworn; that said deposition was taken on the 13th day of January, A. D.'1892, at the Oflace Building of the Navy Yard at Mare Island, California; that said deposition was taken down in short- hand by stenographers employed for that purpose, and afterwards by them reduced to typewriting and read over to the witness, and by him declared to be correct, and by him subscribed in my presence. In witness whereof, I have hereunto set iuy hand this 14th day of January, A. D, 1892, (Sgd.) J. S. Manlet, Commissioner, United States Circuit Court, Northern District of California. DEPOSITION OP HENEY MoCEEA. - Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Eemey, IT. S. M. C, Judge Advocate-General of the U. S. Navy, by order of the Secretary of the Navy, held at the OfQce Building of the Navy Yard, Mare Island, California, on the 13th day of January, 1892, before me, James S. Manley, a Commissioner of the Circuit Court of the TJnited States for the Northern District of Cali- fornia, duly appointed and qualified, personally appeared Henry McCrea, who, after being duly cautioned and sworn, did depose and say as follows, to- wit: Henet MoCrea, having been duly sworn, testified as follows : The JxiDGE Advocate-Genekal. — Q. Please state yoiir name, rank, and station. — A. My name is Henry McCrea; lieutenant in the TJnited States Navy, serving on the U. S. S. "Baltimore". Q. How long have youbeenattaclied to the "Baltimore"? — A. About 22 months. Q. About what was the date of the "Baltimore's" arrival at Valpa- raiso, on the first occasion? — A. Early in April, 1891. Q. About how long did the vessel remain at Valparaiso, at that time? — A. About a month. Q. How long after that, was it, before she returned to Valparaiso? — A. About three months. She returned August 21st. Q. Were you detailed by the commanding ofiicer of the "Baltimore" for any duty on shore'^ iu Valparaiso, in connection with the investiga- tion by a Court at that place with reference to the disturbances and diffi- culties which occurred on shore between Chilean sailors or others,and mem- bers of the crew of the "Baltimore"* who were on liberty there, on thel6th day of October last? If so, what was that duty, and what did you do in pursuance of any such orders? — A. I was so detailed on three occasions. Tlte first occasion was on October 17th, when Captain Schley o.rdered me to go on shore to see why our men were detained at the police station, as he had heard a nuipber of men had been arrested on account of dis- turbances, the day before. I, accompanied by Doctor Stitt of the "Baltimore", went to the police station, and after a time met the judge of crimes. Judge Foster, and asked why our men were arrested, and if I could not take them on board? He told me he did not himself know BALTIMORE INQUIRY. 581 ■ what charges were against these men, and untU that had been investi- gated, the men would have to be detained, but that he would liasten ,the proceedings as much as he could. This being clear, I sent Doctor Stitt to the hospital, to look after the wounded men belonging to the "Baltimore", who we heard had been taken there the night before. I returned to the ship, and reported what I had done to Captain Schley. •My second visit to the Court of Crimes, under orders, was on I^Tovember 20th, whien I had verbal orders from the captain, to conduct nine men of the crew of the "Baltimore" to the criminal court of Valparaiso, to witness and authenticate their testimony before that court. These nine men were J. M. .Jolmsou, J. W. Talbot, J. feutler, J. W. Davidson,' G. Panter, J. Quigiey, J. Hamilton, C. G. Williams, and P. McWilliams. The court was opened about 3:30 p. m. The men were admitted, and I was sworn as an interpreter to represent the subject-matter of the statements of our men, in Spanish. The proceedings consisted of calling upon each of the witnesses present, in turn, to express to the Court, under penalty of ^30 days' imprisonment for perjury, all he knew of the affair of October 16th last, in which C. W. Eiggin, boatswain's mate, lost his life, and from which WilHam Turnbull died, and five others of the " Baltimore's" crew, were wounded. As the testimony of each wit- ness was given in, and at convenient intervals, 1 translated its import to the J^idge, who made notes thereon. Q. These witnesses were, as I understand the nine men of the "Bal- timore" to whom you referred? — A. Yes. As each of our nine men finished his testimony, he was called lipon by the Judge to look upon the Chilean sailors present in court, and say if he recognized any of them as participants in the recent attack of October 16th last. In no case could oiir men identify the Chileaiis. Q. How many Chileans were there present at the time? — ^A. At this time there were three Chilean sailors in more or less Chilean uniform. These Chilean sailors present gave their testimony also. The taking of testimony lasted until about 6 :15, p.m. Themen were told to waitun- til the testimony was written up_ smoothly, and in ink, that they might sign their testimony before they "left for the ship. I was asked by the secretary of the court to be present during the dictation of this testi- mony to the court writer, by the judge, from his notes. Q. Ton mean by the writer, the person who was taking it down from the judge's notes? — A. Yes sir. I left the men and was with the judge until the testimony was all written out smooth. In this way I was ab- sent from the men in my charge from 6 :30 until about 9 p. m. Q. Where were the men? — A. The men, by permission of the judge, were allowed outside of the police station, in the Plaza Victoria. The smooth copy being ready, all the men were admitted, and I noticed at once that one of our men, P. McWilliams, byname, was badly under the influence of liquor. With this exception, all the men signed their testi- mony. He was too drunk to sign his. Q. Did he sign it subsequently?— A. He has never signed his testi- mony. Q. Did you give the men permission to go and get their luncheon or supper?— A. I- gave the men permission since they had had no supper, to go and get refreshments in the neighborhood. Q. And McWilUams was one of those men?— A. Yes sir, Q. During the two hours and a half that the men were away, Mc- Williams indulged to excess in intoxicating drinks? Is that what you mean ?— A. Yes sir. , ^, ^ -, j ■■ Q. Was he sober when he first went to the court that day and dur- 582 EELATIONS WITH CHILE. ing the time that he gave his testimony? — A. Perfectly sober. As the reading of each man's U'Stiiiiony was completed, I translated it to the mau, and such corrections as were necessary were then made, in the presence of the court, and all the witnesses. This was 'continued until all the evidence was read out, and each man had signified his approval of the matter going on file in his name. Q. These were the men belonging to the " Baltimore"? — A. Yes sir. All the witnesses present gave the same assent. The Judge then signed this paper and following came the names of all the witnesses, then my name, and the other court interpreter. •Q. It was signed by you and by him? — ^A. Yes sir. I then took the men back to the ship, using a carriage for Mc Williams. The next occa- sion of my appearing before the court of crimes in Valparaiso, was on December 1st, 1891. On this occasion my orders were to attend the court with the five men, J. M. Johnson, J. H. Davidson, Jerry Ander- son, L. A. Wallace, and Charles Langen of the " Baltimore", witness and authenticate their testimony and at the same time, serve as a member of a board to fix upon the arm used, from which, tlie shot was fired which was supposed to have kiUed Eiggin, the boatswain's mate. The court was composed as before, of the judge, secretary, two interpreters, with tbe addition of a copyist, and arraigned before it as witnesses, besides the five men I have named, were about eight policemen and soldiers in charge of a captain of the police force, four Chilean sailors and an English negro. This time the testimony was recorded as it , came out. I translated it to the judge, he dictated its import to the writer, and the judge made no notes. , Before the start of proceedings, the interpreters were sworn in, and the witnesses cautioned to speak the truth under penalty for perjury. Q. What langTiage was the testimony given in? — ^A. The testimony in the case of our men, was given in English. Q. What was the other interpreter doing? — A. He was the court in- terpreter, and was present to tell me the meaning of any part of the evidence of the Chilean sailors,, which I could not understand, they using a great deal of brogue, or slang. Q. I understand you are familiar with the Spanish language? — ^A. Yes sir. The evidence was given in- as before, and when called upon to try and identify the other witnesses, L. A. Wallace, landsman, thought he recognized one of the Chilean sailors present as the man who had robbed him on October 16th. J. Davidson, landsman, said he could almost swear that another Chilean sailor in court who had lost his right arm, was the man whom he had seen making for J. Hamilton, carpenter, with a knife in his left hand, when he, Davidson, knocked the one-armed man down with a stone. Langen, Avhen asked if he recognized any of the policemen or soldiers present, said, as he pointed to one of them, "I think he was in the squad, but not one of the lead- ers." In neither of these cases could the witnesses swear to the iden- tity claimed. Q. When you refer to the squad in Langen's testimony, what do you mean; the squad of soldiers, by whom the shot, was fired which killed Eiggin?— A. I refer to that squad. In the investigation or proceeding in the court, I noticed there was a careful avoidance of the subject of police treatment, by which I mean the handling which our liberty-men received at the hands of the police-force and soldiers. Q. When?— -A. On October 16th, last. Q. That is in the examination of the witnesses by the court?— A. That is what I refer to. As I considered this one of the material issues, BALTIMORE INQUIRY. 583 I reported this matter to Caijtain Schley. On this visit to the court, and during^the investigation, I was called out into "another room in the same building, to give my opinion upon the arm used in killing Eiggin. Q. By whom was this board, before which you were called to give your opiniou, or of which you were a member, appointed? Under what circumstances was it appointed, and for what purpose? — A. I was in- formed that I was a- member of it, by Captain Schley. Q. Who were the other members? — A. The other members were a c&mmander in the Chilean navy and an oflBLcer of major's rank, in the Chilean army. Q. Did you understand that l^his board was appointed by direction of, or with the consent and instructions of the court? — A. I presumed it was the wish of the court, that this board be appointed. Q. That is what you understood? — A. Yes sir. I know that the re- port of this board was to be filed with the proceedings by the court. Q. In these cases? — A'. In these cases. As we did not agree as to the arm used, my report did not tally with that of the Chilean officers. Mine was in substance as follows. "From evidence of Doctor Stitt and Doctor White, and from comparison of the holes in Johnson's shirt and neckerchief, with those made by a rifle and revolver in a piece of flannel, that same day, I judge that the shot which went through Johnson's clothing, was a rifle-baU of medium or ordinary calibre, or else a revolver with a calibre greater than our service revolvers. Our service revolver is .38 calibre. The shot-hole was from a projectile of about .45 calibre." This last calibre tallies with the arm used by the Chilean police, about .45 calibre. Q. What is that arm? — A. I do not know the name of it. Q. Is it a rifle, revolver or pistol? — A. It is a rifle. Q. Did you ever see a pistol of the calibre of .45? — A. Kot since we threw out the Eemington pistol from the United States navy. Q. Were they, to your knowledge in use about Valparaiso, of that size? — A. I never saw one on this visit to Valparaiso. Q. You saw the rifle, the arm that was used by the police and sol- diers of Valparaiso?— A, Yes, I did, and we compared the bullet from that rifle with the holes in Johnson's shirt. Q. How did they compare? — A. They passed through with a slight pressure, such as would be the contraction due to any elastic material, Q. How did the bullet frpm the revolver, or the bullet of the size that the Chilean members of the board claimed, compare in passing it through this hole in the clothing of Johnson through which the rifle- ball passed, before it hit Eiggin in the neck, and killed him?— A. Too loose. It would have dropped through without pressure. Q. 'After the examination of the nine men of the "Baltimore" on the 20th of November, before the court, as you have testified, all of those men, as I understand you, signed a paper in court before leaving?— A. Yes sir, aU except McWUliams, Q. How many of the five men that you took before the court on the 1st of December, were before the court with you on the 20th of Novem- ber?— A. Two of them. Q. Who were they?— A. J. M. Johnson and J. H. Davidson. Q. Did Johnson and Davidson, after the completion of their testi- mony on the 1st of December, sign another paper in court?— A. Be- sides their evidence? „ ^.,„ . ., Q They signed one on the 20th of November? Did they sign another one in court on the 1st of December?— A. Yes sir, but it was not a du- 584 • RELATIONS WITH CHILE. plicate of the first one. It was supposed to be new evidence of cou- ii'ontation, a,s there were new men in court to be confronted. Q. It was not then an examination as to the circumstances of the diffi- culty which occurred on the 16th, but to identify persons who were brought iiito court, as having been engaged in the disturbance, Chil- eans ^— A. There was some new matter introduced, of minor importance, but the main reason of their coming was, I think, to confront new faces. Q. To identify them?— A. lu order to identify them. Q. Chileans who had been arrested?— A. Chileans who had been brought to the court to be identified. Q. About how many Chileans werfe there there on that day, the 1st of December, for the purposes of identification?— A. 15 I should say, at the outsidie.. Q. Could you see, by looking at them whether they were Chilean sailors or soldiers, or what they were?— A. -There were perhaps 10 in the uniform of police and soldiers; half and half; four in the uniform of sailors, and one in the uniform of a police captain. ; Q. These' were Chilean uniforms, as I understand? — A., Yes sir, but they were not in all cases complete. Q. So far as they went? — A. So far as they went. Q. You have stated that the " Baltim ore " arrived in Valparaiso in April last, and remained there about a month. What expression of feeling, on the part of residents, or people in Valparaiso, at that time, did you notice with reference to Americans or United States officers or oflBciaJs?— A. At first we were received as I should say, with open arms, invited to the clubs, and being quite well acquainted there, I can personally ac- count tovet, good deal of welcome and Mildness. Q. You had been there before? — ^A. This was my third cruise there. Q. You had previously formed acquaintances in Valparaiso 1-:^A, Yes sir, as long as 20 years ago. We gave a dance or two on board of the " Baltimore," and people seemed glad to come aboard. Q. And the feeliiig, as shown by the people at this time, as I under- stand you, was, ? — ^A. (Inf g) — exceedingly, friendly. Q. When did the "Baltimore" return to Valparaiso, after the time which ypu have referred to? — ^A. The next visit was about the 21st of August, 1891, in that neighborhood. Q. How long after that was it, before the city of Valparaiso, fell, when it was taken possession of by the preseht Government of Chile? — ^A. Valparaiso fell August 28th of the same month. Q. Did you on your return to Valparaiso, at the time just referred to, and between that date and the date of these disturbances in Valparaiso on the 16th day of October last, notice any difference in the expression of feelings towards the Americans, and United States officers and offi- cials, than that which was shown when you were there in April before? If so, state what they were? — A. I did notice a great change. People who would receive us at all begged that we would not come in uniform, . apparently not wishing to have it known that their visitors were American officers, and friends of mine in the Navy, whom I had known for a number of yeais seemed to regret the situation. Q. In what Navy? — A. The Chilean Navy^ but even they, who had formerly been very cordial to me, coming to meals on board my ship, and my going to them in the same way, were not anxious to continue the same intercourse. At this time Valparaiso had an atmosphere of lies. The newspapers had all sorts of rumors, and we received warnings, referring to the feeling existing in Valparaiso, but that which we would ordinarily have paid much attention to, passed over as a part and BALTIMOEE INQUIRY. 585 parcel of tlie other mmors afloat. For tliat reason I personally did not report to Cai)taiu Schley what I should have, under ordinary circum- stances considered most important. Q. What was the nature of these lies to which you refer?— A. It would be hard to define the nature of these stories in general. One feature of them was the antipathy in which the Americans were held, ~ Q. Do you mean the antipathy of the citizens and residents there? — A. I refer especially to the antipathy of the GhDians; the antipathy was not confined to Chileans, but included two-thirds of the foreign residentsr . Q. Please explain in what these statements were false. I understand there was an expression of hostile feeling? — A. Yes sir. Q. You have stated that there were lies circulating about? — ^A. Yes sir, in Valparaiso, these were called "bolas," an expression which means floating stories or rumors, and among so many of these, I mean, it was hard to track the truth. Q. That is, they were conflicting? — A. Yes sir, often coiiflicting. The Quinteros affair seemed to absorb the most, attention. Next to it seemed to be the refugees; the Itata; the cable; and in general our neutrality. Q. What was the question with reference to Refugees? — ^A. We had taken refugees from Valparaiso up ta Mollendo, Peru. Q, Many of these stories to which you have referred as being circu- lated in Valparaiso at that time, as 1 understand you, were alleged statements, of conduct on the part of representatives of the United' States?— A. Yes sir. Q. Such as the Quinteros affair, the Itata, the cable matter, and the ~ question of refugees? — A. Yes sir. Q. Floating stories were circulated on these general subjects?— A. Yes sir. Q. Have you anything further to add, to what you have testified to here, on this subject? If so, proceed.— A. No sir. Q. After thp conclusion of the examination of the nine men belonging to the "Baltimore", whom you had before the court on the 20th of No- vember last, what did the judge say to you at the conclusion of the ex- amination, when the men were turned over tp you, to be returned to the ship, or what did any official of the court say?— A. The judge said to me that he was glad the proceedings pointed fair to a speedy solution of this difficulty, and that he was much obliged to me for my assistance on that occasion. I was to take the men, and he thought he would not need them again. . ,. ^ , j. a Q. Did he say whether or not any charges or indictments were stand- ing against any of these men ?— A. He did not mention any such in- dictments, charges or proceedings. . ,, ^.^„ . xr • i„o„-/l Q. He did not say anything about it; is that it?— A. No sir; he said nothing about anything of that kind. , . -, +, „^„^,-„„ Q. On the second occasion, after the conclusion of the examina- tion of the witnesses on the 1st of December, which you had there, when the iudge turned them over to you, what did he say to you at that time?— A. The same stereotyped remark about his thanks, and again, there were no charges spoken of against any one of these individuals. Q He said nothing about the question whether or not there were charges o? indictments found against them ?-A. The subject was not ^""Q^DidThe judge say anything ?-A. The judge did not bring up the subject. 586 RELATIONS WITH CHILE. Q. He did not say vcliether there were any charges or indictments in either case? — ^A. No; he did not, Q. In the report made by the police officers to the court at Valparaiso, after their search of the men of the " Baltimore," who were arrested on the 16th day of October last, they included among other articles, such as penknives and money that had been taken from the men, one iron pestle, and one knife. State anything that you may know in relation to an iron pestle, or a knife, other than a pen-knife or pocket-knife, having been taken from any of the crew of the. "Baltimore" on that occasion by the police, when they were searcliing them? — A. I went to the police station unofficially on October the 23rd, or thereabouts, and saw these trinkets, knives, etc., on a table, and was told that these were the articles taken froni our men on their examination, after arrest on October 16th. There were several pocket-knives, such as sailors use to cut tobacco, and for their finger-nails. Q. About how many? — A. Seven, I should say. Also a pestle, such as an apothecary would use, but made of iron. This was about 4 or 5 inches long. I do not consider the articles I saw there things which could be called weapons, barring the pestle which might be used as a pair of knuckles, or as a stone could be used. Lieutenant Sears and an American were with me on that occasion, and neither of them con- • sidered these articles as weapons. Q. Did you see a sheath-knife, among these articles at that time! — A. I did not. Q. Who had Immediate charge of the articles at the time? — ^A, They were in charge of the secretary to the judge of crimes. Q. Did he say those were the articles that were taken from the men? — ^A, That is what he said. , (Sgd.) Heney McCeea. United States oe Ameeica, State and Northern District of California, ss: I, James S. Mauley, a Commissiouer of the Circuit Court of the Uni- ted States, for the Northern District of California, do hereby further certify that Henry McCrea, the witness who subscribed the foregoing, deposition, was by me duly sworn; that said deposition was taken on the 13th day of January, A. D. 1892, at the Office Building of the Navy Yard at Mare Island, California; that said deposition was taken down in shorthand by stenographers employed for that purpose, and after- wards by them reduced to type-writing and read over to the witness, and by him declared to be correct, and by him subscribed in my pres- ence. In witness whereof, I have hereunto set my hand this 14th day of January. A. D. 1892. (Sgd.) J. S. Manley, Commissioner, United States Circuit Court, Northern District of California. DEPOSITION OF WINFIELD S. SCHLEY. Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Eemey, U. S. M. C, Judge Advocate-General of the U. S. Navy, by order of the Secretary of the Navy, held at the Office Building of the Navy Yard, Mare Island, California, on the 13th day of January, 1892, before me, James S. Manley, a Commissioner of the BALTIMORE INQUIRY. 587 Circuit Court of the United States for the Northern District of Cali- fornia, duly appointed and qualified, personally appeared Winfleld S. Sehley, who, after being duly cautioned and sworn, did depose and say as follows, to-wit: WiNPiELD S. SOHLEY, having been duly sworn, testified as follows : The Judge Advocate-General.— Q. Please state your name, rank, and station.— A. Winfleld S. Schley: captain F. S. Navy, command- ing the U. S. S. " Baltimore." Q. HoAvlonghaveyoubeen in command of the U. S. S. "Baltimore"?— A. Since the 1st of August, 1889. » Q At what time did the " Baltimore" under your command first ar- rive at Valparaiso, Chile?— A. We arrived at Valparaiso on the 7th day of April, 1891, about eight o'clock in the morning. Q. How long did the vessel remain at Valparaiso, Chile, on the oc- casion: of her first visit there?— A. She remained there until the 13th day of May, 1891, when we were ordered by the Navy Department to proceed to Iquique in connection with the "Itata" question, the matter of the escape of the " Itata" from San Diego, California. Q. When the "Baltimore " was in Valparaiso, on the occasion referred to, did you grant the crew of the vessfel liberty? — A. Yes sir. Q. On more than one occasion? — ^. Yes sir; on a number of occa- sions, between the arrival of the ship at that port, and her departure for Iquique, on the 13th of May. , Q. Was there any difSculty, or were the men attacked on the occa- sion of their liberty on shore at that time, so f^r as you know? — A. Not at all. The government of the city of Valparaiso at that time was under the control of the Intendente, Admiral Vial, and a more perfect system of control I never saw in any city in the world, or greater se- curity for either life or property. Q. What expressions of feeling on the part of the residents of Valpa- raiso, and the vicinity, towards Americans, or United States officers or officials, did you observe on the, occasion of your first visit to that place, and during the period of your stay there at that time? — A. That of -the utmost cordiality. Q. By the residents? — A. By residents of both political creeds. Q. And by Chilean officials? — A. The Chilean ofScials were always polite to us. Q. What expressions of feeling on the part of the residents and of- ficials of Iquique did you observe on your visit there, after leaving Val- paraiso; and in whose possession was Iquique at the time? — ^A. On our arjival at the port of Valparaiso, we found the republic of Chile engaged in a civil war. The party in possession at Valparaiso were known as Gobiernistas; that is, those who were the adherents of the Government. When we were ashore at Iquique^ we found that port in the possession of those who were opposed to the Government, and known as Oppositores. The feeling with which we were met on the occasion of our first visit to Iquique was, whilst not demonstrative, yet friendly; and so continued during our stay there. Leave was granted during the day-time our men, until sundown in the evening; and there was no change whatever from this friendly spirit with which we had been met, until after the escape of the "Itata" from San Diego. That altered to some extent the relations that we held with these people in that port during our stay; and you could see that there was a change in the ap- pearance, and a change also in the manner and conduct of the people towards officers of the United States. 588 RELATIONS WITH CHILE. Q. You saw a change. How; and in what way? — ^A. Less friendly, and less cordial. I would like to say at this point that in the "Itata" question, the Junta de Gobierno, surrendered that vessel because, they stated, tjiey could not endorse so palpable a violation of the neutral po- sition assumed by the United States, nor could they defend the course of their officers in escaping its municipal jurisdiction. Consequently there was a determination upon their part to restore this vessel imme- diately to the control of the United States, in order that she might be remanded to the possession of the Court. I don't think that the opinion of the Government was ever gjven publication, because after the " Itata" arrived at Iquique, there was a general consensus of opinion that she had been forcibly taken. The government at Iquique might have cor- rected that impression at any time, had ii chosen to do so. Q. On the part of whom was this opinion ? — ^A. Of the people at large. Q. At Iquique? — ^A. At Iquique; yes sir. They were all Oppositores. After her delivery into our hands, the whole tone of pubUc opinion changed manifestly. There were then articles occurring in one of the dailies, in which great disappointment was expressed, a good deal of bitterness uttered, and a good deal of hostility inferred. The general sense of those articles was, that this powerful republic at the north, in consequence of this act of injustice in seizing the "Itata", which had violated no law, according to their understanding, had disappointed three millions of people in Chile, and would leave on their minds an im- pression of unfairness that could not be forgotten and perhaps never forgiven, Q. When you say "act of injustice", you refer to the act as they looked at it? — ^A. As they looked at it; as they regarded it. We re- mained at Iquique after our arrival, until the 18th of June; when we sailed ; the " Charleston" and " Itata" having left the day before. We sailed for Callao in Peru; and there Admiral McCann, who had been in charge of the operations, was directed to seturn to the United States. While at Callao, the agent of the Central American and South Ameri- can Cable Company, which is an American corporation, called upon Admiral McCann and solicited his assistance to secure, if possible, a continuation of the telegraphic cable route from MoUendo, a point in Peru, and in neutral territory, directly to Valparaiso. Q. Had it been interrupted- there? — A. The cable passed from Mol- lendo into Iquique, and there looped from Iquique out to Valparaiso. This cable had been laid under a concession from the Government of Chile; and the agent stated that they had sought in vain for a number of months to secure the right to pass through Iquique under any sur- veillance that the Junta de Gobierno might impose; but that they had delayed action; they had denied the right, and had ultimately refused to sanction any continuation of that cable route beyond the point of Iquique, asserting as a reason, that they, themselves, were the legiti- mate government of Chile. Telegraphic messages were sent to the Consul to arrange the matter, if possible, and to secure a direct contin- uation of this route through Iquique under any conditions which the Junta might impose ; under any surveillance that they might wish. But this was steadily declined. The Admiral instructed me to protect the cable. steamer "Relay" if the company chose to break connection off Iquique, in the free sea, outside their jurisdiction. I went to Iquiquej and sought an interview there with the Consul, in this matter, to ascer- tain what steps he had taken as to the arrangement of this difficult matter. ' Q. You went there in your ship?— A. In my ship. The Consul in BALTIMORE INQUIEY. 589 formed me immediately, that it was absolutely useless for me to see the officials; that they had declined the application of the Company, and had denied its right in toto; and he assured me that they regarded themselves as the Government of Chile, and that they would permit this line to go no further. Under those circumstances, there was but one step to be taken, and th'at was to notify them that the cable steamer would cut that cable, and I would advise them not to touch her. Q.' Notify the Government?— A. Notify the Government, yes sir. Q. At' IqUique?— A. At Iquique. The cable steamer, "Eelay" ap- peared, and immediately went to work locating a buoy, which we ascer- tained subsequently to be five and nine-tenths, miles from the light- house. , But observing that she worked inside of that buoy on two or three occasions, it occurred to me that it might be only proper to verify the distance that the buoy was located oft' shore, as well as to be sure that she did not cut it inside. That was very tentative, in view of the fact that the water was much shallower. I then went out and cen- cluded to spend the night with her; for the double purpose of being certain that the cable was not cut inside, and to resist any attempt that might be made by their Navy, which was then there, to interfere with the operation. Q. You went out with yoiir ship?— A. Yes sir; I went out with the ship. The next morning, the Eelay signalled to me that the cable had been cut, and that he was in communication with Valparaiso. I then went into the port of Iquique, and reported to the consul the distance that the cut was off shore; and advised him to inform these people that they had better not interfere with it. Q. How far off was ifF^A, Five and nine- tenths miles. I went then directly to Caldera to look for the Admiral, as my instructions were to report to Admiral Brown. I remained over night at Caldera and one or two of their vessels came in; one or two of .the Opposition vessels came in, that port al^o being in their possession; and we extended the usual courtsey of a visit. The officer who I sent aboard to extend my compliments to the Captain, and the offer of services, as usual when ves- sels arrive, was met by the first lieutenant of that ship with the saluta- tion that they knew we were all Gobiernistas, that is, adherents of the Government. He replied that he had not 6ome to discuss thatquestion; that he had come simply to present the compliments of the Captain. The next morning I sailed from Caldera, and went to Coquimbo, where I fell in with Admiral Brown. Q. About what time was it you arrived at Coquimbo? — A. I arrived at Coquimbo on the 24th day of July, 1891 ; and remained at Coquimbo until the 20th. day of August, when I sailed for Valparaiso. During my stay at Coquimbo, which was in possession of the Government , people, we were met as pleasantly as we had been met before on our first visit to Valparaiso. Q, That was known as the Balmaceda government? — A. Yes sir; that was Imown as the Balmaceda Government. Our men were per- mitted the usual privilege of liberty there in the same way that they had been at Valparaiso and Iquique. Q. Without molestation?— A. Without molestation. We remained there until the 20th of August, when I was notified by telegram from the Admiral, that the insurgents, or opposition forces, had landed at Qninteros Bay, about 18 miles north of Valparaiso; and directing me to proceed with all dispatch to Valparaiso; which I did, and, arrived there on the afternoon of the 21st of August, the same day that the battle of Concon was fought. On my arrival at Valparaiso,,! found 590 ' RELATIONS WITH CHILE, there was a very great excitement j business houses were mostly closed; people kept within doors ; and all the conditions of the place appeared to present that of a city besieged. Under the circumstances, of its be- ing so threatened, we didn't give liberty to the men. In the meantime, the battle of Vina del,Mar and of PlaciUa had been fought; all within . a week from the time of landing. Q. And -in the immediate vicinity of Valparaiso? — ^A. Yes sir; in fact, within sight of the ships. You could see some of the movements that were taking place, and could hear distinctly the artiUery and the musketry firing. Q. That was the afternoon of the 21 st? — A. Between the Balmaceda forces and the Opposition forces; the Balmaceda forces were defending the city of Valparaiso. On the morning of the 28th, the battle of PlaciUa was being fought, and about half past seven o'clock I was awakened by the artillery fire. By half past nine o'clock, that battle appearedto be finished; and many of the colonels and officers had sought refage on the various vessels in the harbor. ' Q. At Valparaiso? — A. In Valparaiso. They sought reluge on the German, French and English vessels, and on our own. The larger part, however, having sought protection on the jGerman vessels and American ships. Q. What otherAmericanvessel was there besides the "Baltimore"? — A. The " San Francisco." Of course, after the capture of the city, dur- ing that night, there were fires in every direction. The city itself ap- peared to have been given over to sack and pillage and murder. And the next morning, there were three hundred people, men, women and childre:n, found shot in its streets. There were several fires of consid- erable magnitude, involving, it was said, the public property. Fires toak place the most of the night, and the next morning the condition of excitement was intense. The morning of that day, however, in order to protect the American interests there, the "San Francisco" and myself sent a body of sailors and marines on' shore in charge of Lieutenant- Commander Tilley, Lieutenant McOrea, Cadet Edie, and a junior officer from the "San Francisco," whose name I do not remember. That was on the 2"8th. Q. On the morning of the 28th? — ^A. On the morning of the 28th, the same day as the battle of PlaciUa. They were landed to protect the Consulate, and remained on shore until the morning of the 30th, when they were brought back on board ship, having ftdflUed their duty. The Consulate was in Plaza Victoria. AH the foreign men of war in the interregnum had sent parties on shore with the same purpose, to pro- tect their consulates; and after order was to some extent restored, fhese forces were withdrawn. Immediately, however, after the recep- tion of so many refugees on board, under the instructions which we had received to continue them only so long as the necessities of the case might require, it was important to proceed immediately to take some steps by which they cou5d be landed in neutral territory; and to that end the Admiral transferred aU of the refngees that had escaiied to his ship to mine; and I sailed for the port of MoUendo on the 5th day of September, and reached there on the morning of the 9th. We arrived at Mollendo on the morning of the 9th; authority having.been secured in advance by telegraph, to land all of the refugees at MoUendo, in Peru, which was upon neutral territory. Most of them preferred to go in a steamer that arrived that same afternoon, directly to CaUao, however; and permission having been obtained from the authorities to do either, they were sent to this ship, and ultimately reached CaUao. I returned BALTIMORE INQUIRY. 591 immediately to Talparaiso, arriving there on the forenoon of the lith , -of September with the "^Baltimore." The Admiral signalled me imme- diately to have my mail ready; that he was going to San Francisco; and that I was to be left at Valparaiso as the senior officer in the South Pacific. On the afternoon of the 14th of September, the Admiral sailed; and matters appeared to be rather quiet about Valparaiso; order seem- ing to be restored to a gfeat extent. But later, after the Adnural had sailed, the Legation in Santiago, in which a number of the Balmaceda people had fled, was surrounded by the police. ~Q. The American legation?— A. The American legation was sur- rounded by the police, and arrests made of every one who entered, or left that legation. The Minister telephoned immediately for me to come to Santiago, which I did ; and I spent two or three days with him in consultation. The result of that consultation was a vigorous note to the Junta Government, that was then installed at Santiago. I re- turned to Valparaiso, and I found each day that the excitement over this matter of the refligees was increasing in extent. Q. Among the the residents? — ^A. Among the residents of Valparaiso. Another difficulty which added to the excitement, was an untrue tele- graphic report, which had been transmitted on the eve of the " San Francisco's" departure, that Balmaceda was on board. Although the authorities at Santiago knew that that was not the case, and although the Ad-loiral had assured the Intendente, when he left, that Balmaceda was not on board, and would not be, there was no official denial of this report, and the excitement was simply permitted to take its course, ^rom that culminated a number of unpleasantnesses. Q. There was no official denial of the report by the authorities of Chile? — ^A. 1^0 sir; the authorities of Chile made no official denial of the report. Therp was a personal denial by myself in every direction where I could reach the report; but as the matter had been published, and as the papers had found th^ir way into households and in the com- munities which I could not reach, naturally the rumor had gained such headway that it was impossible to correct the impression in anybody's mind, that it was not true. However, that excitement subsided. I con- sidered that in view of the exfcited condition of the public mind on shore, that I would restrain the liberty of the men, and limit that of the officers to sundown; with a purpose in view to avoid, as far as possible, any complication additional to that which had a,lready been inaugurated by the Government in surrounding the, legation, and arresting every one who had simply gone into, or come out of it. That excitement in time, wore away; and as the Admiral had given liberty to his men, the crew of the "San Francisco", and a^ every foreign man of war in port had been doing so for one month previously, I gave the crew of the "Baltimore" liberty on the 16th day of October, 1891. On that day there was sent on shore, about 117'people. Q. Before giving liberty to the crew of the "Baltimore" in Valparaiso, on the occasion of your first visit there, did you consult the authorities as usual in such cases?— A. It is always usual, and we did consult the authorities; more with the view to ascertain the port regulation affect- ing it; and that is always done during the first visit to every port, when you reach your station. Subsequently, it is extended in its hospitality to you. On- the return of my ship from Mollendo, the captain of the port on the 14th of September visited my ship, and extended not only the courtesies of his office, but the hospitalities of the city also to me; which is customary in all places, after ships ha^e once gone up the coast. 592 RELATIONS WITH CHIIiE. Q. Was that understood to include the granting of liberty to the crew? — A. Yes sir. Every hospitality which the city could offer to a foreigner is included in this ofier. Q. BetTveen the 14th of September, the date of your return to Valpa- raiso, and the 16th of October, did you give liberty to your crew?— A. Between that time I gave no liberty, excepting some special case. Q. Between those dates, as I understand you, the unsettled condi- tion of the affaifs of the people, about there had been corrected? — ^A. Yes sir; the excitement had subsided to a very great extent. Q. On the 16th of October last, when you granted liberty to the crew of the "Baltimore", what other foreign vessels of war wereintheport? — A. There were three German, two English, and two French vessels of war in port. Q. Were they granting liberty to their crews? — ^A. Yes sir; they had been ever since a week or so after the battle of Placilla. Q. Up to the time yo\i granted liberty to your men? — A. Yes sir; up to that time. Q. Had you heard of any serious attack upon any of the crews of those vessels? — A. No; except there was a roTv^ with soiiie of the Ger- man sailors, but its extent I did not ascertain, I don't think it involved, however, more than two or three men. Q. Just an ordinary street fight or row? — A. Yes sir; just an ordi- nary row. One of them was cut pretty badly. That is usually tl^ way in which vengeance is meted, out there; with the knife. Q. Now, proceed. — ^A. On the 16th day of October, about half past one to two o'clock, I gave liberty to 117 men; about one-third of the ship's company of the " Baltimore." At half past two o'clock the first lieutenant and myself went on shore, as I customarily did for an after- noon's walk; and I met a very large number of the crew between half past two and half past five o'clock, walking about the streets in the Calle Esmeralda and the CaUe Arturo Prat, in the Plaza del Orden, and the Plaza Victoria. I was very much impressed by their orderli- ness, "their cleanliness and their politeness to everyone whom they met on the streets. It was a matter of such gratification, that the first lieutenant and myself, commented very, frequently on the spectacle. During this time I saw Hamilton, one of the men who was grievously wounded, perfectly sober; for I held a conversation with him. Q, Where was this? — A. It was near the corner of the Plaza Victoria, and the Calle ITeure. Q. When you saw these men on shore at the time you stated, did you notice any of them passing OhUean officers, and what their conduct was towards them; if so, what was it? — A. Yes sir; I noticed them passing Chilean officers; some of whom saluted, and others passed them with- out notice. Q. Were they in uniform? — ^A, Yessii\ Q. Someof them passed without notice? — A. I say some saluted them, and others passed them without notice. Perhaps they may not have seen them; perhaps they did. That I can't say. I saw also Jerrry Anderson, one of the men who was dangerously stabbed. He was per- fectly sober, for I spoke to him. I saw Wallace; I saw TurnbuU and Stewart, and anumber of others whose names just now escapeme. I also sa'^ Talbot. Q. Membersofthecrewofthe "Baltimore"?— A. Members of the crew of the "Baltimore", and of the liberty party. Talbot and Kiggin, my impression is, I saw in a carriage, driving in the direction of the Plaza Victoria. BALTIMORE INQUIRY. 593 Q. About wliat time was that?— A. As nearly as I can locate it, it was about half past three o'clock. Q. Whg,t was their condition?— A. They were perfectly sober. They were laughing and chatting in this carriage; and as everybody else that I had seen was sober, I assumed, of course, that they were. Q. You refer to the other men of the- crew? — ^A. Yes sir; I refer to the other members of the crew of the " Baltimore" on Kberty. Most of these men, I saw towards five o'clock; and many of them after five o'clock. Now I left on shore about half past five; my impression is that it was twenty minutes of six. I looked up at the Intendente's clock, because I had kept my boat's crew after its meal hour; and I fixed the time by looking at the Intendente's clock, and it was twenty minutes to six o'clock. I had seen, I suppose, fully seventy men of the crew of the ship. Q. Was there assembled more than the usual crowd around the , Mole? — ^A. Not more than the usual crowd. There were quite a num- ber of fleteros and boteros; lightermen, boatmen and longshoremen. Q. Was the crowd creating any disturbance? — ^A. No sir; everything was perfectly quiet, and I went off to the ship. At half past eight o'clock, I was informed by an American captain by the name of Potter, who came off with another gentleman, a young Chilean, and reported to me that there had commenced in various parts of the town an assault upon my men ; and that one, whose personal description he gave, he thought was killed; that it was in his opinion, the most unprovoked, the most brutal and the most cowardly assault upon sober, unarmed and defenceless men that he had ever seen. Q. He was a captain of an American vessel in port there! — ^A. He was the captain of an American vessel in port at the time. All that,he said was corroborated by the young Chilean who was with him. His name, perhaps, I had better not give, on account of his being a resi- dent. He seemed to be very much affected, and thought that it was a most dastardly outrage. Both of them seemed to be considerably sur- prised at the fact that I was not at all excited over the news that they had conveyed. I said to them that if there was ever an occasion when a man who was a principal in an affair of such gravity should be him- self, and entirely himself, and free frojn excitement, it was at a moment of that sort; and that after the matter had been arranged so far as we were able to do it, then my time for excitement would perhaps more properly arrive. Later along, a message came from, I think, one of the oflBcers that order had been restored, and a number of people had been Q. One of the officers of your ship?- A. Yes sirj from one of the officers of my ship. My impression is that it was Lieutenant Sturdy. The message was that order had been restored, a number of people had been arrested, and that evc'rything was aU quiet. I went to bed. Of course, that night I immediately began to reflect upon what would be the course of action; and the next day I went on shore and called upon thelntendente; and made a most urgent demand fw the mimediate trial of these people. _ , . . , ^ j. i Q. For the trial of what people?— A. For the trial of my arrested people; those who had been arrested. The Intendente informed me that he had already handed the matter over to the judiciary, and that his only concern in it was a friendly one, and he advised me to go and see the judge of the criminal court, I told him that I was a little sur- judg th at 38 prised that he should manifest simply a friendly interest if «iis t^^^^gj ^d that his authority should not extend beyond that; but that I could 594 RELATIONS WITH CHILE, not, Tinder any circumstances, communicate with an under official, I think that was the term I used. I told him that the question was one of such gravity that it was a matter of sufficient importance, it oc- curred to me, for him and myself to deal with directly. He then prom- ised that the matter should take precedence of all others; and that afternoon I wrote him a letter in which I informed him of this matter, and said that if my people in the investigation were found to blame, he might rely upon it that they would be punished to the fullest extent of the law; and that I felt certain that if it should happen that the people on shore were to blame, that I could expect the same justice from Chile. I immediately sent that same day an officer. Lieutenant Sears, with a request for representation for the men at the trial. Q. What day was this? — A. This was the 17th. I sent Lieutenant Sears with a request for representation, in order that the men in their defense might make no mistake in pleading or in testifying. He in- formed Lieutenant Sears, as the Intendente did me, that the process was a secret one, and that until a certain period of the enquiry had been reached that it would be improper under Chilean law, to permit any testimony to be heard or to be known. I went to see the Judge of the Court personally, the following day, and in my interview with him, after a pleasant introduction, he said to me, " Your men appear to know nothing about this affair". Q. What affair was he referring to? — 'A. The disorders of the 16th. He said that it was the direct consequence of the hatred which the lower classes of people had taken towards the United States, because they felt that they had helped the Government of the Dictator. Q. To whom do you refer as the Dictator? — ^A. The Dictator was Bal- maceda's government. I was glad to hear an admission of that sort, because it agreed absolutely with just what I had supposed to be the case. ' Q. Then you understood from the judge of the criminal court, if I understand you correctly, that these attacks, or a combination of at- tacks upon the crew of the "Baltimoie," members of the crew who were on shore at Valparaiso on the 16th of October, resulted from this iU- feeUng on the part of that class of residents of Chile, towards the United States?— A. Towards the United States, yes sir. I certainly inferred that that was precisely what he meant. But when I expressed some surprise, he qualified his admission by stating that it might be with rea- son, or without itj of course he could not state that. That, however, ended our interview; with the promise that the men who were then under trial would be immediately discharged; that he had been able to find nothing against them. Q. Was this on the 17th, the next day?— A. N"o; this was on the 18th. Q. On Monday?— A. I don't remember the day. The- 18th or 19th was the occasion of this visit. I cannot"'remember the day. I think the occasion of this admission to me was on the 19th. That ended, of course, my interview with him. I left and went on board ship, and I didn't have the pleasure of seeing him again. ' Q. At the closing of the interview to which you have testified with the Judge, he stated that he could not find anything against the men. Did he refer to the 31 men who had been arrested on shore there and confined ?— A. He referred to the eleven last, who had been retained : to the eleven who were discharged on the 20th. The other twenty had been discharged on the Saturday previous, and given in charge of Lieu- tenant Sears with a similar statement, that nothing appearing against these people, they were returned to my authority from the court. In BALTIMORE INQUIRY. 595 the meantime I had organized a board of inqiiiry, composed of Lieu- tenant Sydney May, Lieutenant Sears, and Past Assistant Sturgeon White, and directed them to investigate most carefally, all of the causes leading to the disorders of the 16th of October while my men were on shoriB on liberty. This board began their proceedings on the 19th day of October, and handed their report to me on the 23rd. I was a good deal siu-prised I must admit, at the, finding of the board ; because I had not . known before that the assassination of my people had been so brutal; that the assault had been so cowardly, or that it had been so general. It was my first intimation that the attack was a premeditated one; and the fact that it had occurred in several parts of the city that were widely Separate, almost simultaneously, induced the conclusion almost irresistibly, that that was the fact. Now, that my men, the great majority of these men were sober on shore at that time, was tiirther corroborated by Captain Potter, by Captain Jenkins, by Mr. McLean, and hosts of other people on shore; and by Mr. Frederick May who had , seen ^these people after the assault had begun. Q. You say the greater majority of the men on shore? — ^A. Yes sir. I say they aU corroborate the fact that they were perfectly sober. The fact that they were sober was corroborated by the greater majoritv of the people I spoke of; consequently the inference was incontestably correct that these men were perfectly sober during the time; but to fortify myself in relation to those that were wounded, who had been carried to the hospital, as to their condition, I sent Dr. Stitt with my compliments to the lady superior of the prison ward. Q. Was he one of the medical ofQcers of the ship? — ^A. Yes sir; he was one of the medical officers of the ship. I sent him to inquire pair- ticularly whether the men when delivered there that night were sober; and the answer returned to me was that they were all sober. So that I felt perfectly satisfied in the statement in my report to the Secretary of the Navy, that the assault had been made upon sober, unarmed, and defenseless men. My men had no arms; and the fact that after an ex- haustive examination before ihe court, seven small pen knives were all that could be found upon them, and were returned to me in an oflcial communication, established as complete a refutation of the charge that they were armed as I might desire .to establish, myself. Q. You were requested, as I understand you, by thelntendente, to send for these articles which had been taken from the men when they were arrested? — ^A. Yes sir, I was requested in an ofiicial communication to send for them ; and I deputized Lieutenant Doyle of the Navy. He went and returned to me a certain amount of money belonging to each of the people who had been arrested, and also seven little pocket knives, pen- knives that had been taken from those who had been declared to be armed, by the press of Valparaiso. I do not believe, and I never have believed that the assault was made by Chilean sailors belonging to their fleet as a body. On the contrary, there were one or two instances in which these men had assisted some of jmine to places of safety. It was composed prjncipaUy of discharged sailors from transports and other vessels, and added to them 'longshoremen and boatmen, and the lower order of people of the town ; I mean of that west end of the town. That was my conclusion. , ■ -kt jn. <3. That was your conclusion?— A. My inference, yes sir. Now after this difficulty had occurred, there was a very noticeable difference m the feeling of the people towards us again. Those who had been for- merly most cordial, avoided us. We werenotmvited to the Olubs. We were not invited toapubhc banquet that was given at Santiago, to 596 RELATIONS WITH CHILE. wMch every foreign officer lying in the port of Valparaiso at that time was invited. I wrote to enquire whether this was an oversight, or whether it was an intentional slight. Q. you wrote to whom?— A. I wrote to the American minister. I had returned to me, some two weeks after, an apologetic letter that was so evidently lame that I hardly regarded it as worth retention. Q. From whom was the letter? — A. From one of the gentlemen who was manager of this Congressional banquet. Q. What was his nationality? — A. He was a Chilean gentleman. In connection with that same subject, I would like to say that there were manifest discourtesies exhibited to us on the part of the Chilean war vessels. When I returned from MoUendo on the 14th' to Valparaiso, the senior ofiScer dispatched me an officer with the general official cour- tesies. The next morning at ten o'clock, within 24 hours, as required by the international rule which governs such ceremonies, I returned that visit and left my official card. I waited for the return of that visit for nearly six weeks. Q. Was the vessel lying in the immediate vicinity of your ship aU this time? — ^A. Yes sir; she was in plain view; not a cable length away. Q. Was the commanding officer present during this time? — ^A. The commanding officer was not on board on the occasion of my visit, but in order that there should be no misapprehension as to the visit itself, I left my official card. Q. I mean during this interval of six weeks, was hte present? — A. There had been a change in commanding officers. After waiting six weeks, I sent an officer aboard with my compliments, to know whether or not my visit had been reported to the captain; whether the omission to return it was intended, or whether it had been neglected. Immedi- ately an officer returned to state that his captain would be on board in the morning. The following day he appeared on board, when a most ample apology was made, and it was hoped that I would accept it. I said there was no'thing left for me to do but to accept it, and that I would regard the matter as though I had only come in to the Port the day before; and would therefore carry out the rules which this inter- national circular required; and I went immediately the next day and called upon all the Chilean vessels that were then in port on the occa- sion of my return from MoUendo, on the 14th of September; they were the " O'Higgins," the " Esmeralda," and the " Huascar ». And I took very good care to explain to these gentlemen why my visit had been de- layed so long. At the same time, the South American line of steamers under the Chilean flag had been in the habit of leaving the port of Val- paraiso and dipping their colors to every foreign man-of-war in the harbor, excepting the " Baltimore." Q. Theretofore they had? — ^A. Yes sir. I observed this, and I sent to the agent on shore to know whether it was an intentional discour- tesy, or whether it was within his knowledge. While I personally ap- preciated the fact that a merchant steamer was not obUged to dip to any vessel of war, yet if she did it to one, and omitted to do it to an- other, the discourtesy was very apparent. He sent these captains off to apologize to me immediately. They came off and rendered a very full apology. They simply said that was a matter that they had placed entirely in the hands of the quartermasters, and that they were not aware that the courtesy had been omitted. I said it was a singular omission. Q. Had you noticed them dipping to other vessels on the same oc- casion? — A. Yes sir; on the same occasion. Then later I was coming BALTIMORE INQITIRT. 597 off one evening from the Mole, and it was with very great difBculty that I eonld avoid being run down by the Captain of the Port's launch, in command of the coxswain. I was obliged to back water to keep clear. The day following that one of my boats was going on shore about one o'clock, when a boat from the " Cochran", with oflcers on board, pulled out of her course across the bow of this boat of mine, obliging her -to back water in order to avoid a colMsion. The same afternoon, the " Esmeralda's" steamlaunch, in charge of her coxswain,' was going in to the Mole, and speeded up out of her course and ran across the bow of my steam launch; and they were obliged to stop and back, to avoid a collision again. I immediately wrote a note to the senior officer present, in which I recited the two occasions. Q. To the Chilean senior officer?— A. Yes sir; and I invited his at- tention to these two occasions of discourtesy, reminding him that I had always placed an officer in charge of my boats to avoid just such dis- courtesies to his boat and that I hoped that the two instances were accidents which would not be repeated. I received from him a very civil answer, in which he expressed much mortification, and promised to correct this trouble, if it should occur again; and it did not occur, so far as we were concerned. At the same time I wrote a note to the captain of the port calling his attention to this discourtesy to me, and from him likewise I received a very pleasant note, iu which he promptly acknowledged the discourtesy, and dismissed the coxswain; so that I really had nothing whatever to complain of. Q. As I understand you, these were instances of the expression of hostile feeling on the part of these subordinates; is that if?— -A. Yes sir. I would very often hear, being somewhat familiar with their language, very ungracious and very impolite, and oftentimes very discourteous remarks made about the Americans; some of which were, that it would be a good idea if they had aU been killed on the night of the 16th, and a better one still if they all who lived in Chile had been killed. I heard those remarks on the street; I would catch snatches of conversation as they passed me, as one does in English in passing; 'people. Putting the newspaper expressions together with the evidences of hostility as exhibited by the officers themselves, and their boasts, and the unkind and ungracious expressions on the street, and with what his honor the judge of the court of crimes told me, I felt that I had a pretty conclusive case against the Chilean people for discourtesy and hostility; as it was manifested it seemed to me, in about all quarters. Q. What difference, if any, did you observe in the expression in the feeUng of the people from what you noticed when you were there the first time, on your arrival in September following, and during the period that elapsed between your arrival and the date of these difficulties, the 16th of October?— A, I observed no hostility, and I observed no. par- ticular courtesy. It was a condition, it seemed to me, of neutrality. I saw nothing that was offensive, or nothing that would assure me that there had been any very marked change in the feeling from our first visit. But the occurrences I have described are all those which occurred subsequent to the 16th of October. These discourtesies, and these ex- pressions of opinion which I heard on the streets, were all subsequent to October 16th, Q. Did you understand fi'om the information you received from the authorities at Valparaiso when you sailed from that port, that there were no charges or indictments existing against these men of the " Bal- timore" who had been arrested and examined and returned to the 598 RELATIOlSrS WITH CHILE. ship? — ^A. Yes sir. I wrote a letter to the Intend en te, a day or two before I left Valparaiso, to ascertain whether they desired my men as witnesses, or in any capacity before that Court; and he replied to me that there was no farther need for the "Baltimore's" men, nor were there any pending citations against them; consequently I sailed. I would like to add a very noticeable feature in connection with these disorders of the 16th of October, that I never heard an of&cial regret expressed, I never saw any call or request in the public daily papers for a rigid investigation on the part of the authorities; nor did I ever hear one private expression of regret that the thing had occurred, by any Chilean or Chilean official. In fact I might almost say, until I had initiated the proceedings myself, I was never ofBciaUy informed that there had been a slaying of two of my men, and a stabbing and wound- ing of a number of others in the streets of Valparaiso. The press de- sired to induce the impression that it was an ordinary drunken row. But I never could understand what that had to do with it; because even though the men might have been drunk, there could be no alter- ation in the Chilean responsibility for what occurred under such circum- stances. Q. Do -you mean that even should the men have been drunk, still that would not justify the treatment they received by the Chileans? — A. Yes sir; even should the men have been drunk, it strikes me very forcibly that their proper punishment was not death and such maltreat- ment as they received. Q. Was there to your knowledge any expression of regret from any official of the Chilean government or any newspapers, in relation to these occurrences on the 16th of October? — ^A. I never heard any ex- pression of regret from any individual; nor did I see one expressed in any of their papers. Q. Do you know how many Chileans were arrested on shore that day? — ^A, Eleven were arrested, on October 16th. Q. Are you familiar with the appearance or uniform of the guard that is usually on duty about the Intendencia at Valparaiso? — ^A. JTo; I am not. There was such a variety of uniforms after the Insurgent authority became the Government, that it was impossible. Q. Were they soldiers or police?— -A. They were partially soldiers and partially police. Q. How were they armed? — ^A. The police were armed with sword bayonets; and the Intendente's guard were armed with muskets, Mau- ser rifles. The general distinction though is, that the police are dressed in blue, and the military people usually have red pants and red caps. Q. What kind of coats?— A. Blue coats. Q. The soldiers?— A. The soldiers, yes sir. Then there is another set who wore gray uniforms, but I don't know what their distinc- tions are. I don't know the corps to which they belonged. Q. Do you know what time these disturbances ended on shore there that day? — ^A. I was informed that they ended about a quarter or half past«Beven o'clock. They began about six o'clock, Q. Have you any knowledge, captain, as to the manner in which the police at Valparaiso treated the crew of the "Baltimore" when they were on shore on liberty that day?— A. I have no personal knowledge. My only information is derived through the report of the board of in- vestigation. (Sgd.) W. S. Schley, Captain Oomdg. U. 8, Orvdser Baltimore. BALTIMORE INQUIRY. 599 United States op America, State and N'orthern District of California, ss : I, James S. Manley, a Commissioner of the Circtdt Court of tlie United States for the Northern District of California, do hereby further certify that Winfleld S. Schley, the witness who subscribed the fore- going deposition, was by me "duly sworn; that said deposition was taken on the 13th day of January. A. D. 1892, at the office building of the Navy Yard at Mare Island, California; that said deposition was taken down in shorthand by stenographers employed for, that purpose, and afterwards by them reduced to typewriting, and read over to the wit- ness, and by him declared to be correct, and by him subscribed in my presence. In witness whereof, I have hereunto set my hand this 14th day of January, A. D. 1892. , (Sgd.) J. S. Manley. Commissioner, United States CircvAt Gowt, Northern District of California. DEPOSITION OF SYDNEY H. MAY. Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Bemey, U'. S. M. C, Judge Advocate-General of the U. S. Navy, by order of the Secretary of the Navy, held at the Office Building of the Navy Yard, Mare- Island, California, on the 13th day of January, 1892, before me, James S, Manley, a Commissioner of the Circuit Court of the United States for the 'Northerh District of Cali- fornia, duly appointed and qualified, personally appeared Sydney H. May, who, after being duly cautioned and sworn, did depose and say as follows, to- wit: ' SiDNET H. Mat, having been duly sworn, testified as follows: The Judge Advooate-Gbnbral. — Q. Please state your name, rank, and station. — ^A. My name is Sidney H.May; lieutenant in the United States Navy, serving on board the " Baltimore". Q. How long have ybu been attached to the "Baltimore"?— A. A little over two years. Q. Were you attached to the "Baltimore" in October last, when that vessel was in Valparaiso, Chile? — A. Yes sir. Q. Were you on duty on board the "Baltimore," the day the liberty- party went on shore; if so, what duty were you performing?— A. I was officer of the deck on the 16th of October, 1891. Q. You were officer of the deck, at the time that the men went on hb- erty, at Valparaiso?— A. Yes sir, I also had the first watch, as it was caUed, from 8 to 12 o'clock at night, when Jerry Anderson was brought on board stabbed. , r. j » Q. What was his condition as to sobriety, when he came aboard I— A. As near as I could make out he was perfectly sober. I think he had four wounds ia his back. He was helped up the side by some of the crew, and went down in the sick-bay. tx, . • Q. What inspection was made of the men who went on liberty, im- mediately prior to their leaving the vessel?— A. The ordinary mspec- tion. We saw that they were not armed; that they had no arms at all, not even their jack knives. They were in uniform with their knife- lanyards, but no knife on the lanyard. ^ . . , , . , . ., Q. There were not allowed to carry their ja,ck knives on shore with 600 RELATIONS WITH CHILE. them, is that it? — A. Tes sir; the orderss were for them to go ashore without any knives at all. I mean the ordinary jack knife which is served out aboard a man-of-war. (Sgd.) SiDNET H. Mat. United States op Ameeioa, State and Iforthern District of Oaliforma, ss: I, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of California, do hereby further certify that Sydney H. May, the witness who subscribed the fore- going deposition was by me duly swom ; that said deposition was taken on the 13th day of January, A. D. 1892, at the Office Building of the Navy Yard at Mare Island, California ; that said deposition was taken down in shorthand by stenographers employed for that purpose and afterwards by them redaced to typewriting, and read over to the witness, and by him declared to be correct, and by him subscribed in my presence. In witness whereof, I have hereunto set my hand this 14th day of January, A. D. 1892. (Sgd.) J. S. Manlbt, Commissioner, United States Circuit Court, Northern District of California. DEPOSITIOISr OF WILLIAM H. CHEISTIE. > Be it remembered, that at the above-entitled examination, conducted by Colonel W. B. Eemey, U. S. M. C, Judge Advocate-General of the U. S. Navy, by order of the Secretary of the Navy, held at the Ofllce Building of the Navy Yard, Mare Island, California, on the 14th day of January, A. D. 1892, before me, James S. Mauley, a Commissioner of the Circuit Court of the United States for the Northern District of California, duly appointed and qualified, personally appeared William H. Christie, who, after being duly cautioned and swom, did depose and say as foUows, to-wit: William H. Christie, having been duly sworn, testified as follows: The Judge Advocatb-Geneeal. — Q. State your name, rating, and present station,— A. William H. Christie; coal-heaver on the U. S. S. "Baltimore". Q. What is your age? — ^A. I am 24 years of age. Q. Were you attached to the U. S. S. "Baltimore" when that vessel was at Valparaiso, Chile, in October last?— A. Yes sir. Q, Did you go on shore at Valparaiso, on the 16th day of October last, with other members of the crew of the " Baltimore", on leave? — ^A. Yes sir. Q- Do you know of any difficulties or disturbances, that occurred on shore at Valparaiso, that day, between Chilean sailors or others, and members of the crew of the "Baltimore", who were on libei^ty?— A.' Yes sir. Q. State all the facts and circumstances within your knowledge re- lating to any such difficulties or disturbances?— A. I went ashore at one o'clock; I left the ship at that time. I and SuUivan and Owen Canning and Quijgley; and I went into a place and got some money ex- changed. BALTIMOEE INQUIRY. 601 Q. Were these men members of the crew of the "Baltimore"!— A. Yes sir. . And then we went up the street. Q. Which way did you go!— A. We went up Calle Cochran, and then up on Ship street. And when we got down there, we came across coal-heaver WilUam Turnbull; and we saw him with two citizens, and we asked him to come with us; and he said "no," that he was going to see a school-mate of his, and these two citizens were going to show him where he was. We left there and went down to Oalle Cochran, and had supper: and when we got out of there, we met Jack Carson, oiler on the U. 8. S. "Baltimore," and he told us there was trouble on the Mole; and y^e went down there, and we saw some, of the members of the crew of the "Baltimore"; and I got struck with a rock and knocked senseless. • Q. By whom! — A. By one of the Chileans, I suppose it must have been. Q. Was there a crowd abput you? — ^A. Yes sir. Q. Were they chasing you! — A. Yes sir, they were chasing me very hard ; and I got in among the mob, and I couldja't see any more. I saw Sullivan, an oiler on the " Baltimore", so when we come out of there I saw Davidson. Q. Where did you see Davidson? — ^A. On the Mole. Q. Was Sullivan there too! — A. Yes sir, Sullivan was there at the same time; and we left there. Everything was quiet. We ran into a place there, and we started to get a bed to sleep all night; and police- men came up and arrested us, and beat us quite bad. Q. Did the policemen arrest you! — ^A. Yes sir. Q. Why did they arrest you? — 'A. I was walking along the street quietly, saying nothing to anybody; and there was a lot of policemen came up to me with charged bayonets, muskets, and told me to go aboard the ship ; motioned to me. Q. What did you do ? — A. I started to walk away from them. Q. Towards the ship? — A\ Yes sir; I started to walk toward the Mole; and there came along a gang of them and arrested me. Q. Who arrested you! — ^A. The policemen. Qi These same ones who told you to go aboard the ship? — ^A. Yes sir. Q. What did they do!— A. They put cat-gut around my wrists and dragged me along. Q. Did you resist them? — A. No sir; not in any way or shape. Q. How did they treat you on the way to the prison?— A. They treated me pretty bad. They struck me across the back, with a musket. Q. What for! — A. I don't know. Q. Were yOu resisting them?— A. JTo sir. I was struck four or five times across the back with a musket. _ Q. Did it hurt you much?— A. Yes sir; it hurt my back quite bad. Q. Did you have any arms or weapons or knives of any kind about you at the time? — ^A. 'So sir. Q. Were you in uniform?- A. Yes sir, I was in uniform. ' Q. What was your condition as to sobriety?— A. I was perfectiy Q. Where were you arrested; near the Mole!— A. I was arrested just by the statue at the Mole. , j... c Q. Just by the Prat monument!— A. I couldn't say what the name of Q. About what time was it that you were arrested!— A. It was just a Uttle after dark. I couldn't say just exactly what time it was. 602 RELATIONS WITH CHILE. Q. Was it about dark, when you arrived at the Mole?— A. Yes sir; just about dusk. Q. How long before this was it^ when you saw Tumbull and the others up town there? — A. About 20 minutes I think. I couldn't say eiactly. Q. Do you know the neighborhood in which yon saw Tumbull; about where it was? — ^A. Yes sir; it was up at the top of the B^rt that tiiey caU Ship street. Q. Was it in the direction of the saloon called the Shakespeare; up around that neighborhood? — A. Yes sir. Q. What was Turnbull's condition as to sobriety when you saw him? — ^A. He was sober sir, Q. When were you released fropi prison? — A. On the night of the 17th. • Q. Did you at any time, or to any person or official in Valparaiso, Chile, express your approval of the action of the police on that occa- sion? — A. No sir, I did not. (Sgd.) W. H. Chkistie. United States op Ameeica, State and Northern District of California, ss : I, James S. Manley, a Commissioner of the Circuit Court of the United States for the Northern District of California, do hereby further certify that William H. Christie the witness who subscribed the fore- going deposition, was by me duly sworn-; that said deposition was taken on the 14th day of January A. D. 1892, at the Office Building of the Navy Yard at Mare Island, California; that said deposition was taken down in shorthand by stenographers employed for that purpose, and afterwards by them reduced to typewriting, and read over to the wit- ness, and by him declared to be correct, and by him subscribed in my presence. In witness whereof, I have hereunto set my hand this 15th day ot j;anuaty. A. D. 1892. (Sgd.) J. S. Manley, Commissioner, United States Circuit Court, Northern District of California. DEPOSITION OP SAMUEL W. COOK. Be it remembered, that at the above-entitled examination, conducted by Col. W. B. Eemey, U. S. M. C, Judge Advocate General of the U. S, Navy, by order of the Secretary of the Navy, Mare Island, Cali- fornia, on the 14th day of January, 1892, before me, James S. Slanley, a Commissioner of the Circuit Court of the United States for the Northern District of California, duly appointed and qualified, personally appeared Samuel W. Cook, who, after being duly cautioned and sworn, ' did depose and say as foUows, to wit: Samuel W. Cook, having been duly sworn, testified as follows: The Judge Advooate-Genebal. — Q, State your name, rating, and station. — A. My name is Samuel W. Cook ; I am a private in the United States Marine Corps, serving on the U. S. S. "Baltimore." Q. Were you attached to the "Baltimore" when that vessel was in Valparaiso in October lastf^-A. Yes sir. Q. Did you go oashore on liberty with other members of the crew at Valparaiso in October last? — ^A. Yes sir. BAT.TTMORE INQUIRY. ' Q0$ Q. What is your age? — A. 47. Q. Did you se^ any difilculty or disturbance wMch occurred on shore in Valparaiso that day, between any Chilean sailors or others with mem- bers of the crew of the "Baltimore" on liberty there?— A. No sir, I did not. Q. How long did you remain on shore?— A. I went ashore on the 16th, and came aboard the ship at three o'clock of the 17th, in the afternoon. Q. What if anything occurred to you on the 17th, when you were on shore at Valparaiso?— A. I was going up the street alone about eleven o'clock on the morning of the 17th, and three men were sitting in front of a door. They were Chileans. They all got up at once as soon as , they saw me. It looked suspicious to see them getting up. They started down towards me, looking down the street towards the houses on the side of the streetj^and when they got close to me they all turned around at once, hauled oif iand struck at me. One hit and struck me on the side of the eye. Q. With his flst?— A. Yes sir. Q. The police saw it, and two of them came up on horseback, and took me to the station. I did not get any more licks at all. These three men went away. Q. Did the police arrest either of these three men? — ^A. No sir; they did not. They just put me in the station where the guard was. All of them, I think, were officers, and officers were sitting in the room. I waited there until abotit half past two, and they had not said any- thing more to me. Q. How did the police treat you when they took you to the station ? — A. They treated me all right. Q. What were you doingwhen you were walking along the street? — A. I was going to make a purchase of some things that I wanted. I was perfectly sober. Q. Did you say anything to these men who attacked you?— A. I never said a word to any one. I had not seen any row or anything. Q. When you were walking along the street, had you said anything to either of these men who attacked you? — A. Not a word. Q. How long were you kept in the police station? — A. From about eleven o'clock in the morning, until about a quarter past two in the afternoon. Q. Was any charge made against you? — ^A. I don't think there was. These officers put me there, and they went away again. Q. Did you return alone to the ship? — ^A. I did. Q. Were you alone at the time this attack was made upon you? — ^A. Tes sir. ^ Q. Were you in uniform?— A. Tes sir. •Q. -What was your condition as to sobriety at that time?^A. I was sober at the time. I came aboard sober. Q. Had you any arms of any kind, or weapon or knife about you?— A. No sir. Q. Did you at any time, to any person in Valparaiso, express your approval of the action of the police on that occasion towards you?— A. No sir. ^ __ ^ /gg(j \ Samuel W. Cook. United States op AmeeioAj State Q. Did you notice any such threats as you have described made to- wards any of them? — ^A. No sir; I never saw any trouble with other iban-of-war's-men. In general conversation with other classes of peo- ple, the higher class of people; they would make a great many sarcastic remarks. Q. Do you know of any difficulty or disturbance which occurred on shore that day at Valparaiso, between any Chilean sailors or others, and members of the crew of the U. S. S. "Baltimore" who were on shore at that place, on liberty? — A. Yes sir. Q. State all the facts and circumstances within your knowledge which relate to any such disturbance- or dif&culty? — ^A. On that eve' of that day, the 16th of October, 1891, at Valparaiso, at,half past five o'clock, I was taking my dinner in the Hotel Eolf. Q. Locate it. — A. It was situated on the CaUe Cochrane, not quite on the corner of an alley way. Q. It was between CaUe Cochrap and what other street? — ^A. It was on CaUe Cochran: the front door is on Calle Cochran, and it extends through to Calle JBlanco; theire is another entrance on Calle Cochran. It is near the Plaza Intendenoia. It is bounded by CaUe Cochran, CaUe Blanco, and this square. It is about one block west of the Plaza Intendencia. Q. You were in there at your dinner? — ^A. Yes^sir; I heard a mob cry- ing outside on CaUe Cochran. I immediately got up and went out to see what was the trouble; and on getting out into CaUe Cochran I saw an American sailor from the Baltimore running ,up toward the Inten- dente's ofllce, and when he got up to the door these soldiers put their giins up and stopped him from going in, and chased him down the square; and the mob tackled him and knocked him down; and he was afterwards rescued by the poUce and taken to the police station. That is all that I saw of this man. Q. What did this mob consist^of? — ^A. It consisted of saUors and the general populace of the town. Q. Do you mean ChUean sailors?— A. Yes, sir; ChUean sailors; and the middle class of people of the town. ' Q. About how many were there?— A. I should say.there were about 25 or 30. Q. Were they pursuing the saUor from the Baltimore ?—A. Yes, sir. Q. Was this sailor iniiniform?— A. Yes sir. Q. After he was knocked down what was done?— A. The mob gath- ered around him and the poUce came and took the sailor away. Q. Did this man, when you saw him, appear to be molesting any body, or was he trying to escape?— A. No sir; he was not molesting any body. He appeared to me to be running for his life. I took it to be such because he was running for the Intendent's ofBce and trying to get in to be protected. I then went down abreast of the Prat monu- ment there, and while standing there I should say there were 12 or 14. soldiers came along in charge of a Ueutenant. . , ^^ -. • •■ Q. ChUean soldiers?— A. ChUean soldiers, yes sir. And the friend that r was standing with made the remark to me, that we had better get in out of the way, because they would commence firing around 606 EELATIONS WITH CHILE. there, and we -vrould be liable to be shot. Before I started to go into the house there was another sailor came, not exactly up the Mole, but next to the Mole. . Q, What kind of a sailor?— A. An American sailor, a member of the ■ Baltimore's crew; he came up pursued by some 12 or lo of these Chilean sailors and he was all covered with blood. He ran up into the square and then went up Galle Blanco, atfd he was stopped by the police and taken charge of and run into the station. Q. What was the crowd doing when they were pursuing him up as you have stated ?— A. Thfey were hitting him with clubs and rocks. He was a sight to behold. He was covered with blood from head to foot. Q. Was he molesting any person, so far as you saw? — A. No, sir, Q. What was he doing?— A. He was running away; fleeing for his life; trying to get away. I judged he had been down to the Mole try- ing to get off in a boat; but the mob drove him away, Q. This was about what time?— A. This was in about the neighbor- hood of about 6 o'clock. This all happened very quickly, within a half an hour. After that I went around to the hotel and went in, not con- sidering it safe to be out. Q. You went back to the same hotel? — ^A. The same hotel, the Hotel Eolf. At that time they had stopped the horse cars from running, and all the stores had closed up in th^t vicinity, on account of this mob. While I was looking out of a back window of the hotel a sailor came running up through Pass No. 3. Q. Washeoneof the "Baltimore's" crew?— A. Tessir; hewasoneof the Baltimore's crew. He came running up through Pass No. 3 into • Calle Blanco, which is the street on the back side of the hotel. And we hollered out to him, "Run into a doorway ". Q. You hollered out to him? — A. Yes sir. And the lady that was standing there with me was looking out at the same time; and we hollered out to him "Bun into a doorway, and get out of the way." Q. Were any persons following him? — A. Yes sir; there were eight or ten following him. Q. What were they? — A. They were Chilean sailors and the mob. Q, What were they doing? — ^A. They were heaving stones at him; and when they got right abreast of us, one man came up and gave him a shove and knocked him down. Q. One of this crowd? — A. Yes sir; and another one picked up a paving stone and hit him around the shoulders here, (showing). Q, Hit him with a paving stone while he was down? — ^A. Yes sir; and that laid him out stiff. We concluded that he was dead. The lady that was standing with me at the window fainted away, and we took her to her room. It was the most cruel thing that ever I saw, but we could not do anything. And then I saw a lieutenant of the police come up on horseback; he took no notice of the crowd or of the sailor that was lying there; but he continued on down the street. In the course of four or five minutes morej some policemen came along, and they got a team and took and put him in to it, and carried him off, I suppose, to the police station. Q. Thatwasthe "Baltimore" sailor who was knocked down? — ^A. Yes sir. Q. What was the condition of these men, members of the crew of the " Baltimore " to whom you have referred in your testimony, as to so- briety? — A. So far as I know, and what I saw during the afternoon, they all appeared to be sober. They had evidently come ashore to en- joy themselves, and were enjoying themselves. Some of them were rid- BALTIMOEE INQUIRY. 607 ing horse-back; some driving in carriages; and some walking about the streets. , Q. I am referring to these three men whom you saw followed by the mob? — ^A. They could not have been drunk, the way they were running for their lives; because if they had been drunk they could not have run so. , Q, About how many other members of the crew of the " Baltimore " did you see on shore there that day, during the afternoon? — ^A. I saw probably twenty. Q. What was the condition, as to sobriety, of those that you did see? — A. All that I saw appeared to be enjoying themselves, the same as any person would, Q. Did you notice any acts of this order on the part of any of them? — A. No, sir. There were five or six Americans and English people in the - hotel, and none of us thought it prudent to go out on the street that night to go to the theater. There were some five or six people staying in the house who belonged to the theatrical troupe. I was going myself to the theater that evening. I had a ticket for the theater, but I didn't think it was prudent to go out; neither did any of the rest — ^there were so many people in the street creating disorders, and especially in that section of the city. There were no horse cars running at the time, and they did not commence to run ujitil after nine o'clock that nSght. Q. Were all these sailors from the Baltimore to whom you refer in uniform at the time you saw them? — A. Yes, sir. (Signed) Wm. H. Jenkins. United States of America, State and Northern District of California, ss. I, James S. Mauley, a Commissioner of the Circuit Court of the United States for the Northern District of California, do hereby further certify that WiUiam H. Jenkins, the witness who subscribed the foregoing deposition was by me duly sworn; that said deposition was taken on the 18th day of January, A. D. 1892, at the Appraiser's Building at. San Francisco, California, that said deposition was taken down in short- hand by stenographers employed for that purpose, and afterwards by them reduced to type- writing, and read over to the witness, and by him declared to be correct, and by him subscribed in my presence. In Witness Whereof, I have hereunto set my hand this 18th day of January, A. D. 1892. ^ „ ,. (Signed) J- S. Manley . Commissioner, United States Circuit Court, Northern District of California. INDEX. No. 1, John WiJUam'Tattjot ^ No. 2, James Martin Johnson """" 355 No. 3, Charles Langen ..'.'.'.'.'.'.'..'. 388 No. 4, John B. Larsbn ''.'.'.'.'.'.'.'.'.'.'..'. 375 No. 5, John H. DaTidson ,, '.'.'.'.'.'.'.'." 383 No. 6, Jolin H. Hamilton oaa No. 7, CharlesEble I'"'.".^!]'.:."!'!!!'." 393 No, 8, Jeremiah Anderson ..'.'.'.'.'.'. 395 , No. 9, Lee Andrew Wallace '...'.'.'.'.'."" 400 No. 10, Frank Honnors '.-"'."!! I" I! ]1 1 II! 402 No. 11, John Downey ;. IIIIIII' 405 No, 12, John Butler - .. 4aq No. 13, Thomas H. Williams IIIIIIIIIIIIII ill No, 14, James Gillan HI 4^7 No. 15, A. J. Stewart I 420 No. 16, John Carson II 424 No. 17, Owen Canning : ' 409 No. 18, E. J.J. S. Hodge HIIIIII 432 No. 19, Condy Boyle , 435 No. 20, John McBride 437 No. 21, P. H. Smith ""' 440 No. 22, William E. White _ 443 No. 23, John F.. McAdams 445 No. 24, William Lacey 448 No. 25, Peter Johnson 451 No. 26, Frank Borstel 454 No. 27, William Canlfield ..'. 456 No, 28, Frederick CliiFord 459 No. 29, Jqhn Joseph Bechtele 461 No. 30, Joseph Qnigley : 465 No. 31, George Panter 467 No. 32, William Sullivan 470 No. 33, Charles B, Semper : 473 No. 34, Herman Fredericks 476 No. 35, Charles G. Williams 479 No. 36, Michael Houlihan 482 No. 37, JamesTinney - 486 No. 38,P. McWilliams 1 487 No. 39, JohnRooney : 490 - No. 40, Warren Brown 492 No. 41, John W. Freese - 495 No. 42, Patrick O'Neil 497 No. 43, Patrick Eagan 500 No. 44, Thomas Gallagher 502 No. 45, Andrew Nelson - 505 No. 46, Neil Boyle 506 No. 47, Charles H. Guth 509 No. 48, Alfred Pfeiffer......: - 513 No. 49, Adolph Swanson..- - 516 No. 50, Edward Duncan - 518 No. 51, Henry Cunningham ..; ■ 521 No. 52, WiUiam H.Nichols r...... 523 No: 53, Henry Cass - 526 No. 54, Henry C. Jarrett 527 No. 55, Olaf Wetteland 531 609 39 610 RELATIONS WITH CHILE. Page. No. 56, Jeremiah Anderson, T. H. Williams, Charles C. Willis, John W. Talbot, John W. Davidson, Frank Honnors, John Downey, James M. John- son, John Hamilton, Lee A. Wallace, James Gillan, Alex. J. Stewart, Charles Eble, Charles Langen, Charles Wilson, Joseph Van Dam, ana John P. Gustafson, Members of the Crew of the "Baltimore" as to the condition of Boatswain's Mate Biggin, and Apprentice Talbot of the ' ' Baltimore ", as to sobriety on the 16th day of October, 1891 534 No. 57, J. J. Bechtele, S. Hodge, J. Butler, Joseph Quigley, William Sullivan, Owen Canning Charles B. Semper, and John H. Davidson, niembers of the Crew of the "U. S. S. Baltimore", as to the attack on Lands- man John H. Davidson, at Valparaiso ChUe, on the 16th day of Oc- tober, 1891 .'. 542 "No. 58, Joseph Quigley and Owen Cunning, members of the crew of the " U. , S. S. Baltimore " as to the condition of William Tnmbnll- as to so- briety, on the 16th day of October, 1891 553 No. 59, E. E. Stitt(Ass't Surgeon)....., '.. 554 No. 60, Stephens. White (P. A. Snrgeon) 561 No. 61, Edward W. Sturdy (Lieutenant) 566 No. 62, William Eowbotham (P. A. Engineer) 569 No. 63, Henry Cass '. 570 No. 64, Uriel Sebree (Lieut. Commander) 572 No. 65, James H. Sears (Lieutenant) 574 No. 66, Robert M. Doyle (Lieutenant) .....'. 579 No. 67, Henry McCrea (Lieutenant) 580 No. 68, WinfieldS. Schley (Captain) 586 No. 69, Sidney H. May (Lieutenant) 599 No. 70, William H. Christie .' 600 No. 71, Samuel W. Cook 602 No. 72, WiUlam H. Jenkins 604 OF THE OFFICERS MD CREW OF THE STEAMER KEWEENAW RESPECTING THE ILL TREATMENT OF PATEICK SHIELDS BY THE CHILEAN POLICE,. TAKBX UNDER THE DIRECTION OF THE ATTORNEY-GENERAL. 611 INDEX. Page. Shields, Patriot 613 McKinstry, Andrew --- 628 Jenkins, William H 631 Jerome, Arthnr E - 638 Baxter, Frederick ■ »-- 643 Sprague,HerbertE ■"- 644 Campbell, John - 646. Flanagan, Bernard - - - 648 Malia, Michael 650 Malcolm, Charles K 651 Blaisdell, Abel , , 654 Alexander, "William S 656 WheelLi-, Charles A 656 Weasel, Pedro M '. 660 612 City and County op San Fbancisoo, State of California: Be it remembered, that pursuant to the request of Charles A. Garter, Esq., "United States Attorney for the Northern District of California, in the City and County of San Francisco, State' of California, on and commissioned to administer oaths &c., personally appeared Patrick Shields, Andrew McKinstry, William H. Jenkins, Arthur E. Jerome, Frederick Baxter, Herbert E. Sprague, John OampbelL Bernard Flanagan, Michael Malia, Charles E. Malcom, Abel Blais- idell, William 8. Alexander, Charles A. Wheeler, and Pedro M. Wessel, witnesses who appeared then and there to depose and testify, in the matter of the investigation as to the injuries received by Pat- rick Shields, fireman on board the American ship "Keweenaw", while ia Valparaiso, Chile who, being first by me duly sworn, were then and there examined and interrogated by Charles A. Garter, Esq., as United States Attorney, and did depose and testify, as follows, to- wit; as appears by the following several depositions: San Feanoisco, December 24, 1891. Deposition of Patkick Shields, taken before Clement Bennett, notary public, on board the " Keweenaw." By United States Attorney Gaetek. — Q. Give your fiill name?— A. Patrick Shields. Q. What is your age? — ^A. Thirty years of age. Q. What is your nativity?— A. I was born in Ireland. Q. Are you a citizen of the United States? — ^A. I have been sixteen years in the trnited States. Q. And you are a naturalized citizen? — ^A. ITo sir, I have not got my papers out. Q. Did you ever declare your intention to become a citizen? — ^A. 'So sir. Q. But you have been in the United States all the time? — ^A. Tes sir, all the time from one port to another. Q. What is your occupation? — ^A. I am a fireman. Q. On board of a steamship?— A. Tes sir. • Q. MHiat steamship are you connected with? — ^A. The " Keweenaw." Q A you a member of the crew? — A; Tes sii-. A .1 fireman on this steamship?— A. Tes sir. 613 614 RELATIONS WITH CHILE. Q. Ho'w^ long have you been acting in that capacity ?— A. Five months and seven days. Q. Who is the captain!— A. Captain W, H. Jenkins. Q.-When did yon ship on board of her?— A. In Brooklyn, opposite New York. , Q. Do you know the other ofiBcers of the steamship?-— A. The first officer is Charles Wheeler, the'second oflftcer is named Cole, The chief engineer is William Malcolm. Q. When did you ship in New York?— A, Five months and seven days ago. Q. What voyage did the steamship make then? — A. We left New York and came to Newport News and took in coal. Q. Then where did you go? — A. We proceeded then to Eio de Ja- neiro. Q. Where did you go then? — ^A. Went from there to Valparaiso. - Q. When did you get to Valparaiso?— A. The 28th day of September,; Q. That is Valparaiso in Chili? — ^A. Yes sir. Q. State whether or not you had any difficulty there with the author- ities, and state the circumstances. — ^A, I had no difficulty with any one. I never said a word to any one, good or bad, exce]^|j in a barber's shop I was getting shaved, and paid him, and went out. Q. State everything that happened to you when you went on shore. What time did you leave the ship to go ashore? — ^A. About six or half- past six, on the 24th of October, I left the ship to go ashore. Q. Now, then, from that time on. state what happened to you. — A. I walked about half a mile up the town. I could not say what way, as I never was in Valparaiso before. I went into a barber shop, got shaved, and had my hair cut. Q. Do you remember the man's name who owned the shop? — ^A. No sir, I walked about the town until about eleven o'cloct. The man who was along with me was stopping ashore all night, and I wascoming on board the ship. Q. Had he been with you all the time? — ^A. All the time until about eleven o'clock. Q. Did he go to the bs^rber's shop with you? — ^A. Yes sir, he got shaved and hi^hair cut too. We was until nine o'clock at the barber's shop, and there was a crowd inside getting shaved, and we had to wait our turn. We walked about until about eleven o'clock. He was stopping ashore and I was coming on board the ship. Q. Do you know his name? — A. Andrew McKinstry. He is on board the ship now. So on my way down^ where I could get a boat two policemen stopped me on the street and spoke something. J did not understand Ohilanean. I learned afterwards that they asked me for money, and they took me and locked me up. Q. Did they inform you what they locked you up for? — A. No sir. I beheve it was money they asked me for. Q. What makes you think that? — ^A. Some one told me so since. Q. Who told you so? — ^A. McKinstry. They asked him for money on the next day. That is the reason I think so. Q. Was he with you then? — A. No sk. Q. You had left him at that time? — A. Yes sir. Q. Where did you leave him? — A. A little piece from the barber shop. Q. He was going to stay ashore ithat night? — A. Yes sir, and I was coming aboard. ILL TREATMENT OF PATEICK SHIELDS. 615 i^. Ton went to look for a boat?-r-A. Yes sir, I was coming to the wharf to get a boat. Q. The "Keweenaw" was lying out in the stream? — ^A. Shewaslying in the dry-dock. Q. They arrest«d you?— A. Yes sir. Q. Put you in jail? — ^A. Put me in jail. Q. What time was this? — ^A, About eleven o'clock at night, Q. Had you been drinking any? — ^A. All I had was two small bottles of beer. Q. What time was it when they put you in jail? — ^A. I dare say it would be about quarter past eleven when they had me down in jail. It must be about eleven o'clock when they arrested me on the street. Q. Did any one inform you in jail what you were put in jail for? — A. No sir. Q. How did they use you when they took you to jail? — ^A. They did not iaterfere with me at all. Q. How far was the jail from where you were arrested f^^A. About a quarter or half a mile, about that distance. Q. Did you walk? — A, Yes sir. Q. How many oflBcers? — ^A, Two. Q. Do you know their names? — ^A. No sir. , Q. Were they dressed in uniform? — ^A. Yes sir. Q. Did they talk to you at all on your way to the jail? — ^A. They were talking some time, but I could not understand what they were saying. Q. Did they misuse you? — A, No sir, not coming down at all. Q. What happened after you got to thejaU?— A. I was kept there an night. About five o'clock in the morning I was locked in along with ten or twelve parties in the cell. Q. In the same ceU?— Al Yes sir. Two got up about five o'clock, and had a look at me. I had a new cap the same as this. They took it off and kicked it about the*place, and then they put it in their clothes. Q. Hid it in their own clothing?— A. Yes sir. Q. That was your cap?— A. Yes sir, the same asthisMie, only a new one. ' When I was going out at "the gate an ofiScer could speak Eng- lish. Q. What do you mean by going out at the gate?— A. Going out altogether. They let me out of the gate at nine o'clock. Q, Out of the gate entirely?- A. Yes sir. Q. Who were these parties who hid your cap?— A. Prisoners. Q. Not an officer at all?— A. No sir, I pointed out to the officer at the gate, who could speak English, the two men who kicked my cap and had it. ' ^ ™ A ^r • Q Did you make complaints to the officer ?— A. Yes sir. Q Before that?— A. No sir, no one was there. I did not see any officer before that. He only laughed at me and told me to go out. - Q. And he let you out of the jail?— A. Yes sir. Q. Were you tried for anything?— A. No sir, nothing at all. (}. When you were going out you say you found an officer there who could talk English?— A. Yes sir. a, ^« a -vr • a Q. You pointed out the man who kicked your hat?— A. Yes sir, and who had it. ^ . , . u j. „„„ Q He laughed at you?— A. Yes sir, and told me to go away. q'. He told you to go away from the jaU?— A. Yes sir. 616 EELATIONS WITH CHILE. Q. Did you got— A. Yes sir, I walked out t6 find a hat shop to get a cap. I dare say I walked half a mile looking for a hat shop. Q. Did you know that officer's name at all? — ^A. No sir. Q. He was an offlcer in uniform? — ^A. Tes sir, he had a long sword on him, down to his heels, and braid across his coat. Q. He had charge of the gate? — A. He appeared to b'e in charge of the gate. Q. He let you out? — A. Tes sir. He gave me four dollars. He was the man who took the four dollars out of my pocket at night, and gave it to me when I went out the next morning. Q. Ton were taken to jail Saturday night? — A. Tes sir. Q. And let out on Sunday- morniag about nine o'clock? — ^A, Tes sir, about nine o'clock. Q. After you got out what happened? — ^A. I walked about looking for a hat shop, I dare say about half a mUe, one street and another; before I could get a hat I was taken back again. Q. By whom? — ^A. By a policeman. Q. A man in uniform ? — ^A. Tes sir. Q. Were you told what you were arrested for? — ^A. l^o sir. Q. Did the policemaiU talk English? — ^A. ISo sir, he could not talk English. Q. Ton could not understand what he said? — A. 'No sir. Q. State what happened to you when you were taken? — ^A, I dare say that was about half past nine or ten o'clock when I was takenback. I was kept there until Monday morning, and turned out on the street on Monday morning at daylight. Q. Did they take your money away from you again? — A. 'So sir, they never searched me, or put my name down, only put me in.- Q. They did not take any registration of your name? — ^A; No sir. Q. Was any register of your namQ» made either time? — ^A. The first time, on Saturday night, I believe there was. Q. On the second time, on Sunday, there was not? — A- ^^ sir. Q. Put in jaU again then? — ^A. Tes sir. Q. What happened then ? — ^A. I was taken out Monday morning, Q. After you were arrested and taken back there, put in jail on Sun- day, you say you were kept there until Monday morning? — A. Tes sir. Q. What happened during that time to you? — A. Nothing at all hap- peiied, only I was locked up there along with some other prisoners. Q. The same prisoners that w«re in there when you were up there before ?-?rA. No sir, I think they were different— I think some were the same, and some not. They were eoming in at aU times. Q. Theytreated you all right the second time you were in? — A. Tes sir. Q. Did you get plenty to eat?— A. No sir, nothing at all— beans about that length, an inch long, with a small bit of bread. Q. Any other Americans in jail there with you ?— A. One. Q. Do you know what he was put in there for?— A. Something con- nected with his ship. He left the ship, something like that. He was not walking outside the same as I was. Q. Now, go on and state what happened to you while you were in there?— A. On Monday morning I was put out on the streets to sweep the streets from daylight until five o'clock in the evening, and if I stood up for half a minute I would get a kick or a bat of the broom. Q. From whom? — A. From the officer in charge. There were two or three officers in charge of the crowd. Standing over us. Q. There was a gang of prisoners that were at work?— A. Tes, sir. Q. In charge of officers of the jail?— A. Tes, sir. ILL TREATMENT OP PATRICK SHIELDS. 617 Q. Two or three oflScers? — A. Yes, sir. Some of them were in uni- forin, and some in plain clothes. They were all policemen. That was on Monday. On Tuesday the same. I was locked up about half-past 5 until daylight the next morning and then turned out to work, sweeping the streets, grinding corn, and cleaning up horses. There were about two hundred horses in the yard, and I had to clean them after we had done sweeping the streets, and then we had to clean up the yard, and throw water over the horses, take them round about, and grind corn, and carry hay. I ,had to carry water to the horses, and hay and oats. Q. Who did these horses belong to? — A. The Government. Q- The Chilean Government? — ^A. Yes, sir; the soldiers' and police- men's officers. Q. That was on Tuesday 'J-^A. Yes, sir. Q. Were you abused in any way personally on your person during this time? — A. Not in the prison. All outside on the streets and in the shed. Q. Any serious injury done to your body? — A. I was beat from the back of the head down the back. I was as black as your hat. All my back when I came on board after nine days, and a cut on my head. Q. This was kept up for nine days? — A. From Saturday evening until Monday evening. All but Sunday and Monday. Seven days it Was kept up, and I came out on Monday, and they did not interfere with me on Sunday and Monday. Q. What was this beating done with? — ^A. A long broom, that length. Q. A broomstick ? — A. A broomstick about that length, and a broom thai? length at the end of it. • Q. A street broom? — A. Yes sir. There is a cut from it there, and there is another here. (Pointing to both temples.) Q. How many times were you struck with this? — ^A. Different times. Q. How.many times altogether? — A. Perhaps five or six times a day; on the head and on the back. If I was going to.stand up in the yard for half a minute I was knocked down. Q. Were you knocked down at all? — A. I was knocked down differ- ent times. ' Q. Frequently?— A. Yes, sir. Q. With this stick?— A. With this stick, and the broom, too. Q. By the ofilcers in charge?— A. Yes, sir. 'So, one else interfered. Q. What excuse did they give for doing this?— A. Nothing at all; only because I was an American. Q. This is an American vessel that you are on?— A. Yes, sir. She hails from New York. I believe the owner's name is Jerome. He is aboard her now. . . „ Q. You say they bruised your body?— A. AU around my kidneys. From the back of my head down my back. I was not fit to Uft my hand or arms, or turn over in my bed. When I came aboard I was all black from my waist to the back of my head. / , -kt Q. Did they give any excuse for treating you m this way?— A. No, Q. Did they complain about your not working?— A. No, sir; I worked all the time. . . ,, «> a -v-^ O Did they treat the other prisoners in the same manner?— A. JNo, 8ir7'they were natives, only "myself, except this man McKmstry, on Q^ ^e was not in jail, was he?— A. On Monday he was. Q. Was he put in on Monday?— A. On Sunday. 618 RELATIONS WITH CHILE. Q, The same time as you were?— A. Ko, sir; I did not see him nntil Monday. He came in on Sunday. x. ^ ,« ' Q. When was he put out?— A. He was put out Monday, about 12 o'clock. Q. They did not put him back again?— A. He run away when he see the way I was beaten with a broom. Q. Could you understand anything that was being said by the other prisoners and the officers?— A. No, sir;' I could not understand it at all. I could not speak the language at all, I did not understand it. Q. You did not understand a word that was said to you during all the time you were in there?— A. Not a word in English. Q. Who spoke English?— A. Only the officer. Some officer came to the door, would speak a little English, and if you went to ask him he would not speak any English at all. Q. You say they did not treat any other prisoner in this way but you? — A. No, sir; they were all natives but me. Q. They did not treat any of them, except you, in that way?— A. No; none at all. Q. Did they make the natives work?— A. Yes, sir; but they get away in the evening at 5 o'clock. Q. Was any charge preferred against you? — ^A. None at all. Q. Was there any trial or examination before any magistrate or com- missioner? — ^A. No sir, none' at all. Q. How did they happen to turn you out of jail? — ^A. There was a man belongiag to the ship came up to the prison and paid an interpreter a dollar Or two to go and ask if I was there in the prison. The Inter- preter went and asked this officer, who spoke EngUsh, at the door if I was inside, and they denied all about it.. * . Q. They denied that you were there? — ^A. Yes sir. Q. Do you know the man who came from the ship? — ^A. Yes sir. Q. Who was that? — ^A. Bernard Flannigan. Q. Is he a member of tljis crew? — A. Yes sir, he is on board now. Q. You say they denied aU about it? — ^A. Yes sir. But he came there on the Monday next. Q. Can you commence from the first time when actual violence was used towards you, and detail each occasion, and the circumstances thereof upon which violence \t'as used during the time that you remained ta custody? — ^A. Yes sir, I can. Q. Now, go ahead and do so. — A. The first violence that was used on me was on the 26th of October, on Monday. On the 24th I went ashore, that was Saturday. Sunday was the 25th, and Monday was the 26th. After sweeping the streets and knocking about the yard cleaning horses, and the stable, I was abused when I was grinding corn ; that was on Monday. I was abused and beaten and treated very badly. That was in the forenoon, before twelve o'clock. McKinstry was present at the time until twelve o'clock. He went away after twelve on Monday, and knows nothing more about me after that. Q. What was done? — A. I was abused and knocked about with a stick and brooms and everything. Q. By the jailer? — A. There was no jailer there; by policemen and soldiers knocking me about. Q. Were you knocked down on that occasion? — A. I was knocked 4own two or three times on that occasion. Q. On the 26th? — ^A. Yes sir, I was knocked down twice. Q. That was in the corral where the horses were? — ^A. In a little ILL TREATMENT OF PATRICK SHIELDS. 619 piece off from where the horses were. There was a little square outside where I was abused also. Q. Tou were knocked down at ihattime? — A. Yes sir. Q. When was the next time?— A. The next time was Tuesday morn- ing. 1 was abused up and dowri the yard, aud out in the streets, and around the shed. I was beaten all the time. As soon as I stood up for a quarter of a minute I was hit with a broom rdund the head, or where they could get at me. When I stopped to rest or take a breath, I was hit with something. 1 either got a kick, or a bat with a broom. Q. Did the officers pay particular attention to you?— A. Certainly; the others were all Chileans, and they did not pay any attention to them. There were two Germans and one American, and me, inside, but the American was in for something else — for leaving his ship, I think. He was not on the streets working. Q. Did the Germans have to work? — ^A. Ifo sir, the three were from one ship. I don't know what they were in for. It was the Captain who put til em in there. Q. Were they all treated in this way? — A. No sir; they were not out working at all. They only had to stop in the cell. Q. !Now proceed and mention any other times when they assaulted you? — A. The first Tuesday evening about half past five o'clock I was let out, and I walked down to the dock where all the little boats are. I could not get a boat because I had no money, and the Consul's office was closed. Q. What had become of your money? — ^A. It was all gone. All I had was four doUars, and I gave some money inside to different chaps to do this and that, to get me a box of cigarettes. Some of them kept the money altogether. When I saw I could not get aboard my ship, I went up and slept on a high rock a long way from the town, a mile or two miles. The Consul's office was closed and I had no place to go to. I had no money, and I was destitute. If I had stopped on the streets, I should have been taken back, and perhaps killed inside. Q. Was this outside of the town, where you went to? — A. Yes sir, just up on the bare rocks. Q. Did you try to find the Consul that night? — ^A. That was the first thing I tried to do, but I could not find where he was stopping. I made inquiries of a man on the street named Murphy, or something like that. He could speak English, and he pointed out the direction of the Con- sul's office, and I went down there; and when I saw the eagle flying over the window like, then I knew where I was. Q, What time of day was it that you- went to the Consul's office? — A. I got out about six o'clock in the evening, and before I was down there it might be a quarter to seven, or half past six. It was not very far from the prison. I went down and made inquiries, but when I could not find where his private place of residence was, I cleared away. Q, Then you went off and slept on this rock?— A. Yes sir, I got there before it got dark. I knew if I stopped about the streets I would be taken right back again. . ' Q. When they turned you out of the prison was anythmg said to you? — A. No sir. Q. How did they happen to let you out that night?— A. They let me out and told me to go away. They said nothing at all. There were three prisoners called up along with me, and they said, "Go away." That was what I could make of it, "Go away." It might have been Q. Fp to that time had they said anything about your being an 620 RELATIONS WITH CHILE. Anierican'? — A. Oh, yes, at different times. They often said to me, "Are you American?" Some of them conid speak a little English, Perhaps a couple of words Uke. I said, " Yes," Q. You could understand enough of their language to know that they referred to your being an American? — A. I could understand a little, but I might be wrong. Q. Were these remarks about your being an American made by the officers or fellow prisoners ? — A. One man came up once and ^ut a sword agaiust my breast, and he said, " You American green grocers," Some- thiag like that. " You American " something. " Me stick this sword through you," and he put it up against me. Q. Was he a police officer or a prisoner? — A, I don't know what he was. He had a long sword on. He had no braid on his breast the same as the officers had. He came up to me two or three times and put his sword to my breast. I could not tell what he said, but a fellow, a Maltese, explaiaed it to me. Q. You do not know why they let you out on that Tuesday night? — A. No sir. Q. On Wednesday morning what happened? — ^A. I stopped all night Tuesday on the rock, and on Wednesday I came down about half past live or six o'clock to the town. Before I got two lengths of this room on tlie iirst street I was taken by a policeman and locked up again. Q. Did he tell you what he arrested you for? — ^A. No sir, he could not speak a word of English.' Q. Did he talk to you at all? — A. No, sir; he said sometMhg'after he put his hand on me but I could not teU what he said. Q. Were you put back in the saine prison? — A. Yes sir. Q . Did they make any charge again st you then ? — A, Not the slightest, Q. What was done to you after you were put iu there on Wednesday m ornin g ? — A. About five minutes after I was put in I was turned out to work on the streets. Q. Just as you had been before?^- A. Yes sir, Q. To do the same kind of work? — A. Yes sir; about five minutes alter I was put in prison. Q. Did they have the same officers in charge that they had before?— A. I could not say. There were a lot of officers there, and a lot of po- licemen, to look after these things. I could not identify one officer from another, there was such a lot of them, and I suppose they changed them. The only one I know was a big fat feUow. Q. Did he say anything to you? — A. No, sir, he was very qiuet and civn. 1 asked him a couple of times for a drink of water, and he told me where to get it. He was the only man that did, K you asked for a drink from the rest they would give you a kick, Q. Were you assaulted or beaten on Wednesday at all? — A. Yes sir; badly. That was the day I was beaten so that I will remember it all the days of my life. Q. How did you receive those wounds on your head? — A, I received them on Wednesday, Q, State the circumstances under which they were received by you? — A. I worked away until twelve o'clock cleaning horses, carrying hay, and cleaning sheds. About twelve o'clock on Wednesday I saw a couple of natives go away, and I thought I would get away myself, I thought , I would foUow them, but as soon as the policemen saw me go away they followed me and took me back. I got away about a, quarter or half a mile, and they beat me back from there to the prison, " Q. That is, while they were taking you back, they were beating you ILL TREATMENT OF PATRICK SHIELDS. 621 all the way back? — ^A. There was one olficer, and one inau in charge of the horses, a Farrier, one on each side of me, beating me all the way back. The Farrier was employed by the Government to look after the horses. Q. What was this beating at this time done with? — ^A, The Farrier nad a bar of iron about three feet long, and the ofiacer had a stick about three feet long Avith some leather on the end of it, to hold it up on his arm., and they beat me back to the prison. Q. Where these wounds that you received on your head, where the scars now show, received by the beating you got at that time ? — ^A. Yes, sir. Q. Were either of those wounds made by the bar of iron ? — ^A. This one was made by one of those weighty brooms. It was slit open there. This one on the right side was done the same. Q. Which one of those, the officer or Farjier, had the broom ? — ^A. The man in charge of the horses had the bar of iron. He did not hit me. Q. Who had the broom? — A. Thejnanwho was along with him had a long stick about that length (illustrating), and then when I came into the yard another policeman had a broom and he did this damage tome. The man who had the bar of iron did not hit me, but he told me if I made a move he would split my head open with it. The other officer who was along with him, beat me aU , the time from my head to my back with the stick he had. Q. Was it a sort 6t policeman's club? — A. Yes, sir; but not shaped in the same way. It was longer than a policeman's club, and had leather on it. Q. After they got you back into the yard there was a police man who had this broom, and he hit you after you got there with that ? A. After they got me into the yard the other policeman pulled me round and beat me with this stick with the leather until I was quite stupid. I stood there for a couple of minutes. I got a drink of water. They started me to work again. One policeman with side whiskers came up and hit me two bats on the head with a long broom. He knocked me down, and knocked me quite stupid, and then he came up again and hit me in the back of the head, and on the back near my kidneys. After that I don't know anything at aU. About an hour after that I was picked up and carried over to a place to rest. After I came to myself I looked round and see a young fellow standing alongside, and I asked him to get me a drink. He got it me. I came to my senses, and I got up and heaved off a lot of blood. I suppose about a quart of blood. It was running out of my nose and ears. I heaved up a quart of thick blood out of my body. They wanted me to go and carry hay then. I couldn't do that. I was not fit to move. I did not know anything at aU. I couldn't teU my own name at the time. Then they put me to work to scour bridle bits for the horses. There are over 200 horses. They put mfe to scour them sitting down. I scoured them on up to five o'clock. Then I was let in about half past five, and was kept ttiere untd Satur- day and treated all the same. If I stood up for half a minute I was hit. ■Q. This occurred on Wednesday?— A. Yes sir; , . ^ ^^ O From that time on to Saturday you were taken out mto the yard ! A i was taken out into the yard every morning at sunrise. First sweeBing the streets. About twenty streets, and then to the stable vard It was on Thursday that I got these wounds on my head. O ' How did you get those wounds ? A. In grinding corn there is a kind of a wheel you turn away for hours and hours. You might turn 622 RELATIONS WITH CHILE. the whole day, and no one would come to relieve you. There were forty or fifty prisoners in there. I was five or six hours at this wheel grinding corn, making cornmeal for the horses, splitting the com. I asked the man who was in charge to send some other man there for a little bit so that I could get a drink of water, and he hauled off and hit me, and said, ^''SSo, ,no, you stop there:" He did not say it in English, but I understood him that way. He knocked me down. I got nine or ten bats on the back of my head. Q. What was this done with ? A. With a long handled broom. He knocked me down with that. I got two cuts. One here and the other there. (Pointing to each temple.) Q. That was the way you got those scars on your head ? A. Yes, sir. Q, That was on Thursday ? A. Yes sir, and I was treated all the same up to Saturday. Q. It was a repetition of the same thing from that time up to Sat- urday ? A. Yes, sir. On the Thursday I had to go out in the town and carry an iron bedstead for about three or four miles. Q. What for ? A. I don't know what for. Q. They made you do that ? A. Yes, sir. Q. They made you go out id the city and carry a bedstead? — A. Yes, sir; on my shoulder. I had to lay down a hundred times before I got to my destination. I was not fit to csgrry it. I dare say it was about a hundred and fifty pounds weight, and it was sharp, and I had it on my shoulder. Q. It was on account qf weakness that you had to lay it downt — A. Yes, sir; on account of being abused and beaten inside. Q. Was that after you received these wounds? — ^A. Certainly, and after I had received bats on the back of my head, and all the way down. After that I was beaten all the time. In fact I could not tell you when I was beaten, and when I was not, because I was beaten all the time I was in there except the last two days. I was as sUly as a child. I was beaten up to about three o'clock on Saturday evening. They made me carry firewood through the town also. Q. Do you know why they did not beat you on Sunday and on Mon- day? — ^A. I think it was to let my scars get a bit well, to let me out, but I don't know. They put me in a different prison on Sunday and Mon- day. I was working on Saturday, and when I stopped work, they put me in a different prison altogether. I had nothing to do on Sunday or on Monday, until I was let out on Monday. There were two hundred prisoners in the prison who were tried, and I asked to be tried. I see them going before the Magistrate, and I wanted to go in, but they always shoved me back in a most cruel way. Q. They never would give you any trial? — ^A. Ko, sir; they never took my name at all, only the first Saturday night. Q. Did you ever hear what they accused you of? — ^A. No, sir; they never accused me of anything. They could not. I never did anything at aU. Q. How did they feed you while you were there ? — ^A. Only with beans twice a day, and a little bit of bread. Q. Did you tftat with the other prisoners ? — A. Yes; if not you would go without. Q. Did they give you the same as they gave the other prisoners ?— A Just the same. I never eat anything, only twice, from the time I went in until I came out. If I got it I could not eat it. It was only those ILL TREATMENT OF PATRICK SHIELDS. 623 long beans boiled iu water. I had to eat tbem twice when I could not get anything else. Q. How many times did you try to get them to take you before the magistrate ?— A. Only once; I suppose a hundred times I wanted to go and see the consul. Q. Did you ask to go and see the consul ?— A. Yes, sir : more than a hundred times, but they would only laugh at me and pomt a sword at me. Q. Did they give you any chance to see a lawyer?— A. No, sir; you could get leave to see nobody. Q. What sort of a place did you sleep in ? — ^A. A place about a foot from the ground, made of stones and cement. Q. Was there any bedding on it? — ^A. l>ro, sir; all the natives had ^ bedding, but I had none myself. Q. Did you work on Sunday and Monday? — ^A. No sir. Q. They did not ask you to? — A. No sir. Q. Did any of the prisoners work on Sunday and Monday? — A. No sir, none in the prison that I was in. This was a different prison. They were all tried on Monday. Q. Did you try to have a hearing at that time? — A. Tes sir, I went to the door at different times to try and get a hearing, but I was always ' taken back by an ofi&cer or pohceman and shoved into the cell again. Q. This place, where the magistrate was, was that close to the prison where you were? — A. Tes sir, it was the next room. Q. Did you try to go where the magistrate was? — A. Two or three times when I wafcs outside, whentheprisoners were called in by their names I wanted to go in, because I thought some of the judges or magistrates could, speak English, but I was always refused and sent back. . I was the last one out of about two hundred, and then I was taken out and got leave to stand with the rest. Then when they saw I was not called at all the man who had the list in Jiis hand could not see my name on it at all. He asked me a couple of times wliat my name was in his own language. I could not understand what he said, but I knew the way he was looking down his list he was asking for my name, but my name was not on it. About that time one of my shipmates came up to the prison, and gave a dollar or two to some man outside who could inter- pret. He came to the prison and asked for me, and they refused to give him any information. He went away, and he was satisfied I was not in the prison at all. About five o'clock I was let out of that prison into another, and about six o'clock I was let out altogether. This officer who could speak English asked me what I was in for. I said nothing at aU. Then he said, "You go away." Q. That was six o'clock on Monday night ?— A, Yes, sir. When I was going away I said, "I beg your pardon, you can speak good Enghsh. He said "yes." I said, "A hundred times I have askied to see the American Consul, or to send a note from here, and I ^as always re- fdsed, how is that?" He said, "I don't know anything at all about it, go away." I said, "I am going to walk up to him now." He said, "Go away go away." When I see he was so determined I walked away •Straight, and that was the reason that I went up and stayed onthehijl a second time. I was afraid I would be arrested again and taken back, and I waiited to see the American Consul. ^-^ ^^^ , O What was your condition when you left the prison that Monday 624 RELATIONS WITH CHILE. abused around the body, and from the hunger and starvation that I got inside, and the beating and everything,, I was as silly as a kid two months old. I did not know my own name hardly when I went on board the ship. ' Q. Can you recollect about finding the Consul ? — ^A. Yes, sirj I recol- lect that. That was the only thing I wanted to do. Q. When did you find the Consul ? — ^A. On the Tuesday morning I found the Consul. When I left the rock I went to his office, and stayed there until he got there. I was there about six or seven o'clock. I had no watch, and did not know the exact time. Q. What was the Consul's name ? — A. I think it was Barry or Parry. Q. Now, go on and state what you 'did when you found the Consul, and what he did 1 — ^A. As soon as his office was opened I told him my case, and he ordered me aboard. When I was telling him my state- ment one of the engineers came from my ship, and the Consul gave / him one or two letters to take aboard, one for the doctor of the Balti- more to attend to me. Q. That was the United States war ship that was there at that time ? — ^A. Yes, sir. He attended to me all the time until I left. Q. Was that all that the Consul did? — A; N'o, sir. Q. What did you do that day. Did you teUhim what had happened to you? — ^A. Yes, sir; I told him my story, and he sent me aboard with the engineer. I stopped aboard that day. The next day the doctor of the Baltimore came to see me — ^no, he came that day to see me. Q. Do you remember the doctor's name?— A. I think it is Smith. He came to see me that day, and the next day he came again. Q. I understand after you told the consul your story he made arrange- ments for the doctor of the Baltimore to attend you, and then you went back onto your steamship with the engineer? — ^A. Yes, sir. Q. Was it the Chief Engineer ?'t-A. l^o, sir; it was the Third Engi- neer. Q. Do you know what his name was? — A. Yes, sir; Jerome. Q. Is Jerome the name of the Third Engineer of your ship? — A. Yes, sir; and he is part owner. His cousin is owner of her. Q. He is the cousin of the owner of the ship? — ^A. Yes, sir. Q. Did the Consul say he would attend to your case, or anything of that kind? — A. 'No, sir; he told me nothing. Q. What did you go to see the Consul for?— A. To tell him my case and go and get protection from him and get aboard my ship; to see what could be done. Q. You do not recollect what the Consul did say except that?— A. He did not say very much; there were a lot of men there. Q. The doctor of the Baltimore did come and attend to you? — ^A. The Consul told me to go aboard my ship and tliat the doctor of the Balti- more would attend me, and he would come and see me. ^ Q- The consul said he would come and see you on the steamship ?— A. res sir. Q. Did the Doctor come and see you that same day ? — A. Yes sir, right iaway. Q. That was Tuesday?— A. Yes sir. Q. How long did he attend to you?— A. He attended me as long as I was there. Q. State what you know about what the consul did about your case? — A. The Doctor attended me on Tuesday, and they came aboard the next day and took me ashore. Q. Who did? — ^A. The Doctor came aboard and saw me, and said for ILL TREATMENT OF PATRICK SHIELDS. 625 me to try and manage my way to the gangway— something like that— that the steam launch was there to take me away, and I went ashore. Q. Where did you go?— A. I went to the consul's office and went to the Commandante— the headman of the Police. I don't know what him name was. Q. Did the Consul go with you ?— A. Yes sir, and Captain Jenkins, and a lot of gentlemen. They set me down on a sofa, and they wejnt into his room, and told him what had happened. Q. That is the head officer of the Chilean PoMce ?— A.' Yes sir, and they asked him to come out and look at my wounds, but he would not come out and look at me. Q, Was not that Judge Poster, the judge of the criminal court?— A. I don't know anything at all about him. Q. Oould he talk English?— A. I never seen him so I don't know. He would not come out and see me at all. He told the Consul that he would not come and see me. . Q. You were informed that he said he would not Come out?— A. I was sitting like on that sofa (pointing), and here was his room. They put me down there to strip off, to let him see my wounds. Q. Did you strip off?— A. Yes sir. The Consul came out and said to me, "Shields, he is afraid to come out 5 he wants to see you in a week or- two, when all your wounds are healed up, but he will not see you then." Then the Consul took me away. Q. Where did he take you? — A. He took me down to his office, and then I went down on board my ship. Q. Did jow make any statement of this matter to any officer at Val- paraiso? — A. Yes sir, there was one Doctor came on board and ex- amined me, a Doctor of the Chilean Government. Q. How many days was that after you were let but of jail? — ^A. He «ame for about five minutes three or four days afterwards. He got scared when he saw the wounds on my back, and cleared away. He said it was a bad case, I believe. Q. Who was present at that time? — ^A. Some of the crew forward who understand a little bit of Chilean language. - Q. Did any other Chileans come off with him? — A, Yes sir, two or three. Q. Did the American Consul come with him?— A. No sir, he gave- •orders that no Chilean should come on board at all to examine except ia his presence, and then there was another time when two more came aboard. , Q. Doctors?— A. No sir. I do not know what they were. They were Eeporters I thiak. They wanted to know the whole case. Q. Did the consul come with them at all?— A. No sir, the Consul never came with them. After this Chief of the Police refused to come and see me, the Consul told him in my presence, I would never be let ashore again. He said " If you- are not good eijough to come ou4and see this man'now you will never see him again." I could hear him say it inside, and he came out and told me the same. Q. Did you make any statement of this affair, which was reduced to writing and signed by you, to any one while you were down there?— Ak No sir only to one man who came aboard when I was lyiug ill in bed, and he took a Jittle about it. He said to me, " Do you want to write a book about it?" I said, no, I wanted to state the facts. I said, " I will tell you no more about it, if you want to know anything more go to the American Consul, and he win tell you all about it." Then he wanted me to sign my name to it, and I did not. 40 626 KELATIONS WITH CHILE. Q. Do you know what that man's name was ? — A. No sir. All he told me was l^e wanted to get prisoners or something like that, I said, " Then you go to the Police Station." Q. Do you know that man's name? — A. 2fo sir. Q. Did you e^'el• liear it ? — A. He had some old gray haired man with him, a]jd iis soon as he got a couple of lines he got the gray haired man to sign his name to it. ~Q. Did you make a statement of these facts to the Consul in writ- ing? — ^A. Yes sin Q. Who took that down? — A. After all was over the Consul went up to the Chilean Minister and told them all, and investigated the whole thing up there. Q. Did you make a statement in writing signed by yourself to the Consul? — A. I made a statement in writing to him Q. When? — A. After it happened. After I went on board * Q. After you went on board the ship ? — A. Yes sir, he came on board and took it himself. Q. Did he reduce it to writing himself? — ^A. Yes sir. He stopped one night on board the ship to take it. He did not go on shore at alL He was that much interested to take it. It took a lot of sheets of foolscap Then he went up to the Chilean Minister, I believe it was about this case. Then he sent a telegram down to the Vice-Consul to take my affidavit, and the Vice-Consul came down to take my afftdavit, Q. Did you sign the statement that you made to the Consul himself f—f A. Np sir. Q, Did you swear to it? — A. ]!fo sir. Q. Did you ever swear to any statement at all until to-day? — A. Yes, sir. Q. Where was that? — A. I swore to the vice-consul's satement, Q. Did you make a statement to the vice-consul? — A, I signed a- statement a couple of days before I left there, what the captain or no one else knew anything at all about, I signed it in the forecastle, Q. Who wrote that second statement out that you are speaking ~ about? — A. It is hard to say who wrote it; it might be the consul him- self. Q, Did he read it to you? — A, Yes, sir. Q, Did it contain all these facts? — ^A, All it contained was on a sheet of fool scap ? The consul says to me, " This is your claim for $5,000." . Q, Damages against the Chilean Government — money for you? — ^A. He said, "This is your claim for $5,000, It is to be forwarded to you' to San Diego by the Chilean Government." I do not know who he said it was to be forwarded to for me. Q. I understand you to say that the American consul at Valparaiso, , that after taking your statement, visited the Chilean authorities with reference to your trouble? — A. Yes, sir. Q,^Do you know what they did about it, if anything? — A. I don't know what they did. Q. Do >'ou know whether any Chilean official or officer made any promise to indemnify you for your injuries, or to pay any damages to you?— A. No, sir. Q. You do not know anything about that?, — A. I don't know anything at all' about that, Q. Did you ever hear anything about it ? — A. Nothing. Q. I thought you said that the vice-consul or consul presented a claim for you to sign, and told you that the money to pay your claim ILL TREATMENT OF PA'fRICK SHIELDS. 627 ■was to be forwarded to you to San Diego!— A. No, sir; I told you the consul did that. ^ Q. Did the consul tell you before you left that the Chilean officials* •would send money to you on account of your claim to San Diego? — ^A. Tes, sir. Q. Is that aU you know about it? — A. That is abou,t all. Q. Do you recollect the date that you left Valparaiso?— A. I recol- lect the date that I signed that paper. It was on the 22nd. Q. Tou signed that claim on the 22nd? — A. It was about 6 o'clock in the .evening when the consul came aboard, and there were a lot of passengers aft in the cabin. He took it forward to me in the forecastle for me to sign it, and read it to me. He told me in the presence of a man named John Campbell that the money would be forwarded to me in San Diego. , Q. Is John Campbell here? — A. Yes, sir; he is on board the ship noAv. Campbell says that the consul said when he came aboard, " This case is settled." Q. The Consul said that?— A. Yes sir, "This case is settled." Then he called me aside and he said to me, " This is your claim for $5,000; it is going to be forwarded to San Diego to you by the Chilean Govern- ment." Who to I don't know. He mentioned the names of the parties who he said it would be sent to, but I don't remember the names. Q. Did you try to find out in San Diego ? — A. 'So sir, we were only a few hours in San Diego. Q. Did he give you the n^me in writing? — A. No sir, he had a half a sheet of foolscap with writing on it, and he told me to sign it. He had a Chilean man albng with him, and he signed it. The three of us signed it, and the Consul took it away with him. Q. You never have received a cent, have you? — A. No sir, I have never received anything. Q. Did he read the paper to you that you signed? — A. Yes sir. Q. Did he read it, or did he simply tell you what was in it!--A. He almost read it. I don't know if he did or not. I am not a very good reader myself. He read it, and this is what he said : " This is your claim. Shields, for $5,000, you are going to receive it in San Diego from the Chilean Government. It is going to be forwarded by the Chilean Government." Who it is going to be forwarded to I don't know. Q. Did you ask him? — A. I did not ask him the second time. Q. Did he know the ship was going to touch at San Diego ?~A. Cer- tainly; we were leaving for there at the time'. Q. Was there more than one person present at that time besides that man Campbell?— A. Yes, sir; there was another little feUow. He was not paying any attention; he was studying some books. Q. Did you see the American Consul again?— A. No, sir. That was Saturday evening at 6 o'clock. We were going away that evening, but we did not go until Monday. He did not come aboard after that. On Sunday morning the Chilean Government boat was alongside of us, and not go ashore. sheet of foolscap was stamped. ., ^ , , Q. How do you know?— A. I did i^ot see it. I only know what some of tlie parties who saw it told me. , , . x, . Q. Who saw it?— A. Some of the sailors who were knocking about. I diijiot see it myself. 628 RELATIONS WITH CHILE. Q. Haw long is this steamship going to stay in port? — A. I dare say she will stop here about a fortnight. *• Q. How old were you when you came to this country? — A. I am thirty years of age now. I have been about fifteen years and half or sixteen years in America altogether. Q. Tou were not twenty-one years of age when you came? — A. 'No, sir. Q. Did your parents live here? — A. No sir, my father was here in the States for a good while, and he had a bit of money and went back again. Q. Was he in this country when you came? — A. ISo sir. Q. Do you know if he was naturalized? — A. I dare say he was. Q. Where did he live? — A. He lived in the north of Ireland. Q. I mean when he was in this country? — A. He died when I was seven years old. Q. Did he die in Ireland? — A. Yes sir. Q. How long did he live in this country? — A. A long time. Q. How many years? — A. I could not say how many years. Q. Did he go back and live permanently in Ireland.' Was he living there permanently when he died? — ^A, Yes sir. Q. Did your mother ever live in this country? — ^A. No sir, never; ex- cept on a visit here to see the place. Q. This steamship always carries the American flag? — A. She is a regular American ship. She carries nothing else. She belongs to New York. Q. When you first left the ship that Satm'day night did you get leave of the Captain? — ^A. I got twenty-fours leave through the Captain and the Chief Engineer. '(]g Q. You were prevented firom going back by being arrested ? — A. Yes sir. Q. Did you get back to the ship as soon as you could? — ^A. Yes sir. Q. Have you stated aU you know about this matter ? — A. Yes sir. His Patrick + Shields. mark. Patrick Shields not being able to write made his mark and I at his request, and in his presence wrote his name thereto. ' [l. S.J ■ Clement Bennett, Notary Public. San Francisco, December 24, 1891. Deposition of Andrew McKinstry taken before Clement Bennett, notai-y public, on board the " Keweenaw." By United States Attorney Garter : Q. Whatisyourname, age, residence and occupation? — A. My nam© is Andrew McKinstry; age, 29; residence, Paterson, New Jersey; oc- cupation, fireman on board the " Keweenaw." Q. How long have you been fireman on the " Keweenaw" ? — ^A. A littl© over five months. Q. Were you acting in that capacity on the 24:th of October while she Tvas lying in Chili, Valparaiso? — A. Yes sir. Q. Do yon know Patrick Shields? — A. Yes sir. Q. Was he acting iil the same capacity at that time, as fireman?—. A. Yes sir, he was my mate on the fires. , Q. Do you know anything about the treatment of him by the Chilean ILL TREATMENT. OF PATRICK SHIELDS. 629 police or aiitliorities at Valparaiso duxing the time that the " Keweenaw " was lying there? — A. Yes sir, on that Saturday night. Q. State all you know about that matter?— A. On that Saturday nigllt Shields and I went ashore together We got $10 each from the captain. We went ashore, and we went to a barber shop to get a shave and hair cut. I was the first man in the chair to get shaved and hair cut. Shields went outside, and when he came back again there were some more men inside, so he had to wait that much longer. When I got my hair cut I went outside to wait until Shields got his hair cut and shaved. When I came back again Shields was gone. I never saw him until Sunday when I was locked up. I was locked up about 7 o'clock Sunday. Q. Where did you stay that night?— A. I waswalkiug along the streets that night; I got a few glasses of beer on Sunday morning, nothing to do me any harm, but I fell across one of these policemen or soldiers. He had a sword by his side, and he a^ked me for "Pocaplata". I understood that was a little money. I told him I had none. He said " You Bngletarry ? " I said, '' ¥o ; me American. " With that he drew his sword and struck me four or five times across the backside, but did not cut me. I run into a house for protection, and there was a Naval OflBcer there belonging to the Chilean 'Na.Yj. .He hit me with a club, and struck me' across the head, so I got outside of there, and I was then arrested by the same policeman. Q. Are you an American? — A. Yes sir. Q. Where were you born ? — A. I was born in Ireland, but I have been for the last ten years living in Paterson, New Jersey. Q. Are you naturalized? — A. 'So sir. All my people are. I am a seafaring man. Sometimes I am on English ships, and some times I am on American ships. Q. You never have been naturalized? — ^A. No sir. Q. How long have your parents been living in this country? — A. Ten years. Q. Were you of age when you came to this country? — A. I was about nineteen years of age. (qj. Were your parents naturalized? — A. All my sisters and brothers are. I don't know about my father and mother. Q. You do not know whether your father was a naturalized citizen or not ''. — A. No sir, I don't know. Q. Are they living ?— A. Yes sir. Q. All living in Paterson, New Jersey?— A. Yes sir. Q. Do you know if your father ever voted there or not? — A. Yes sir, my father voted. Q. Healways voted there?— A. Yes sir. Q. Did you vote? — A. No sir; they live at 319 Grant Street, Pater- son, New Jersey. • ' Q. When that policeman arrested you what did he do to you? — A. I was taken to the police station and kept there until Monday morning. Monday morning about five o'clock, just daylight, we were put into a large yard with about two hundred horses, and we were started to sweep the yard up, and look after the horses. After we got the yard swept up about an hour and a half's work, we were put to grind corn. Two men were put there. They ground a gallon measure, and then took a spell of waiting. Shields and I were put there, and when we had ground a gallon each, we thought we should have spell of waiting too. Q You met Shields there?— A. Yes sir, on that Sunday. On IMon- 630 RELATIONS WITH CHILE. day morning Mm and I were engaged together sweeping the yard up and grinding corn. Q. Sunday morning you found Shields there? — ^A. Yes sir. Q. Was Shields let out that day at all?— A. Shields was out, but was arrested on the same day again, I believe. Q. What time did you meet him there on that Sunday morning?— A< About eleven or twelve o'clock. Q. Was Shields there then ?— A. He was then there when I went in on Sunday morning. Q. Did he tell you when you got there that they had let him out and had put him in again? — A. Yes sir, he told me that. Q. Now, proceed with your story?— A. On Monday morning we were engaged in sweeping the yard up, and afterwards ground the corn. When we had done a quantity of work we thought we Should have a spell of waiting. Shields went outside and I followed. When we got oiitside there was one man there that I recognized to be one of the cargo men aboard our ship. He had been talking about our being Americans. The oflcer left the cargo man and came over to Shields and asked him if he did not care for no more work. He said that in Spanish. I can not remember rightly the answer that Shields gave him, but he lifted the broom and knocked Shields to the ground right forninst me. When he got up he was bleeding from the mouth and nose. He struck him the second time and knocked him down-. I got in among the horses. I knew perfectly well that I would get the same. I crept away down to the end of the shed, and got over the shed and got away. That was all I see. On that night I went up. to the hills, thinking they might be in pursuit of me, so I stopped all night on the hill, and the next day I went aboard of my ship. When I went aboard of my ship they, refused to haVe me any more. Q. The officers of your ship? — A. The Captain refosed to have me any more, so I went to the American Consul and explained my case to hitn, and he sent me aboard my ship again. That is all I know. I ;saw Shields get knocked down twice with the broom. Q. Did they Icnock you down? — A. I^To, sir; they did nothinpr to me whUe I was inside. All I got was four or five slaps with the broad side of the s-word. Q. That was at the time you were arrested? — A. Yes, sir. Q. Did they tell you what was the reason they arrested you? — A. jSI^o, sir; it is just like this; they can arrest any one tliey like as lonj; as he is a foreigner; that is, as far as I can see. Q. When you went to see the Consul, did you tell him anything about Shields being in prison? — A. Yes, sir. Q. What did he say to that? — A. He took my affldnvit and I sinned my name to it. He took it either twice or thiee times. Twiee 1 am certain of. , Q. Did he take it that day when you went to the Consul, and when you found him? — A. He did not. I told him about my friend being in prison. Q. Did you tell him about their having knocked him down? — A. No sir, I did not. Q. Why not? — A. I told him my friend was in prison, and T would wish him to see after him. The Consul told me that he would see after him as soon as he could, but he would have to be punished for being a deserter from his ship. Q. Did the Captain give yon money to leave the ship tliat niglit ? — A. The Captain gave us $10 each that Saturday night. ILL TREATMENT OF PATRICK SHIELDS. 631 Q. How long a leave of absence did lie give you? — A. He did not give us leave of absence at all. He gave us the money, and I reckoned that was leave. Q. You went off -vWthout any further ceremony"?^— A. I got no leave. Shields got twent;y-four hours. I asked for do leave as long as I had the money. Q. Did you tell the Captain you were going ashore ? — A. Xo sir. Q. Were you on board ship when Shields came back!— A. Yes. sir. Q. Did you see him? — A. Yes sir. Q. In what sort of condition was he ? — A. The man was more like dead than alive, and he was talking like a stupid man more than like a man who was in his senses. He was black from his hips up to the back of his neck, I never looked at anything like it in my life, i Q. Did you notice the scars on his face? — A. Yes sir, right here and here (pointing). Q. On both temples ! — A. Yes sir. They were quite plain to be seen, and one of his eyes was black. As soon as the man took oiEf his shirt, the chief mate weat right to the " Baltimore" for the doctor, and the doctor visited him, I believe, every day while we were -there. I think the consul was aboard about five times, and stopped aboard all night to get the affidavit of both of us. Q. He did get the afildavit of both of you? — A. Yes sir, the last time I was along with the consul I signed my name to a paper. Q. You stated to him substantially what you have stated here? — A. Yes sir. Q. Did you go any more fully into it than you have' done now? — A. 1^0 sir, it is just about the same. That night, Tuesday, when I went on board the ship, and they refused to have me, I was bound to come ashore again. I got a dollar of one of my ship mates, so that I had to pay for my bed that night ashore. The next morning I went' to the consul, and explained my case to him, and he ordered me aboard of my ship at once. I then spoke about Shields, and he said he would see after Shields as soon as he could. Andrew McKinsteby. San Francisco, Dec. 26th, 1891. Deposition of William H. Jenkins, taken before Clement Bennett; notary public, on board the " Keweenaw." By United States Attorney Garter.— Q. What is your name, age, residence, and occupation?— A. My name is William H. Jenkins; age,.. 48; occupation, master mariner; residence, Boston. Q. What is youi; present position?— A. Master of the steamship "Keweenaw." Q. How long have.you been master of that steamship?— A. Since the 1st of June last. - ^^ „ i Q. Who are her owners? — A. The President is Mr. Arthur Hall; the managing owner is Mr. James Jerome. It is a stock company called the Saginaw Steel Steamship Company. Q A corporation of what State?— A. New Jersey. Q \re any of the members of that corporation, or persons interests in the ownership of that steamship, now in San Francisco ?— A. Yes sir, the managing owner, Mr. James Jerome. . ■ Q. Where is his permanent residence? — A. I think it is at Sagin,aw, Michigan. 632 RteLATIONS WITH CHILE. Q. During your recent voyage, have you been witli your steamship at Valparaiso, in Chile |— A. Yes sir. Q. Your steamship is owned by Americans? — A, Yes sir. Q. And carries thfe American flag?— A. Yes sir: Q. And did so, at the time that you were at Valparaiso, just men- tioned? — A. Yes sir. Q. On that voyage, when did you arrive at Valparaiso?— A. I think it was the 27th or 28th of September. Q. At this time, please state the names of the officers of your steam- ship?— A. Mr. 0. A. Wheeler, chief offtcer; Mr. A. E, Cole, second offi- cer; Mr. Cliarles H. Malcolm, chief engineer; and Mr. Blaisdel, first engineer, and Mr. Sprague, second engineer, and Mr, Jerome, third en- gineer. Q. Can you give the permanent residence of each one of these offi- cers, whom you have mentioned?— A. I think Mr. Wheeler's permanent residence is New York city. Mr. Cole's residence is somewhere in the western part of New York. Mr. Malcolm lives at Bath, Maine, and Mr. Blaisdel also, and Mr. Sprague. Mr. Jerome lives at Saginaw, Mich- igan. ■ Q.' Was there a fireman on your steamship, by the name of Patridk Shields, at the time you were in Valparaiso? — ^A, Yes sir. Q. Also a fireman by the name of Aiidrew McKinstry? — ^A. Yes sir, Q.' Have you any knowledge of the treatment of the two last men- tioned persons, namely, Patrick Shields and Andrew McKinstry, during the time your vessel lay at Valparaiso? — A. On Saturday, the 24th of October, I gave each of those men ten dollars in Chilean money, and told the chief engineer that he could give them leave of absence for 24 hours. They went ashoi'e on Saturday evening ; what happened to them or what they did after that, I could not say, except from the report that I got from them. On Monday the chief engineer reported to me that neither of those meii had showed up. On Tuesday afternoon, I think McKinstry came back, and the chief engineer told him he did not want liim any mor6, as he had deserted. The American consul said he would have to take him back, as he had showed up. I told him to go aboard the ship again, which he did. On Tuesday I had reported both of them to the American consul as deserters, and concluded they had cleared out. I did not think for a moment they were in jail, but that they had made up their minds to leave. The consul told me to send McKinstry aboard, and I did so. Q. Did he give you any reason that compelled you to take him back ? — A. He said the law compelled me. McKinstry told me that Shields had been ancstpd and let out again, and we supposed he was knocking around iijiiiiu and we looked around for him. I did not suppose he was arrested tlie second time, but from his statements I found he had been arrested again on Sunday. I forget what day it was he showed up at tlie American consul's. It was in the neighborhood of 7 or 8 days afterwards that he showed up at the American consul's in a very pitiful condition. We took him to the Intendente's office. He is the liciid man at Valparaiso. He is the chief official, as I understand it. Colonel McCreery, the American consul at Valparaiso, and myself took Ijim there, and made out a complaint to the Intendente about this man. We asked the Intendente if he would look at this man. We had him out in the other room. He made a reply that he did not wish to see him; that he would have it brought before the criminal judge, Jud^e Foster. His father was an American and his mother a Chilean. His father used to be a judge in New York. Tliat he would have to refer ILL TREATMENT OF PATRICK SHIELDS. 633 the whole thing to the Criminal judge. I then took him aboard the ship and went on board the United States ship "Baltimore" and had Doc- tor White of that ship to take care of him while we were in Valparaiso. Q. You had no surgeon on your vessel? — A. No, sir. After that, in about a week or ten days; I cannot state exfictly how long they, sent a summons off to me to appear at the criminal court, before Judge Foster. I appeared in answer to the summons. I was to be there at five o'clock. I was there, but did not see anyone except the clerk and he told me he would have to make some other arrangements about appearing the next day at 12 o'clock and give my deposition before Judge Foster, about this man Patrick Shields. In this court they would not allow me to have my own interpreter. According to the^ laws of phile, you must have the interpreter of the court. Q. Would he not permit you to have any interpreter present of your own, while the official interpreter was performing his duty? — A. No, sir. I made a request for my own interpreter to be present. They said no, I must take the interpreter of the court. Q. What was the nature of the evidence that you gave at that time; such ais you are now giving here? — A. Yes sir; just what the man told me that happened to him while he was in jail. There is one thing that is very important, I think. Shields told me that he made an applica- tion to ojie of the officials in the jail, that he wanted to write a letter to the American consul, or the captain of the ship, to let them know where he was, so that they could get him out, but they would not do it. He also told the judge that he could go and point out the very men that beat him, if he had the opportunity, but they never gave him thB opportunity. Q. Was he present in court while you were giving your deposition? — A- N'o, sir. No one is allowed to be there when you are giving a depo- sition but the judge and the clerk. , • ' • . Q, .Did he offer to go and point out the men that beat him?— A, Yes, sir. , Q. To whom?— A. To the consul and myself. He said he could pomt them out. Q. Did he inform any of the Chilean authorities that he could and would like to be able to do so?— A. He did not see any of the authori- ties at aU. * in » -vr ■ Q. Was he permitted to go and point them out at all?— A. JNo, sir. Q Did the consul offer to go and have them pointed out. Did he make that known to the Chilean authorities?— A. Yes, su-, and I also did the same thing. , ^ -j. ,. n Q What did they say to that?— A. They made no reply to it at all. Q What investigation, if any, did the Chilean, authorities institute into'these occurrences?— A. They came aboard and took his deposition on board The American consul also came down and took his deposi- tion Mr Bgan telegraphed down to have it done, while the American consul was at the legation at Santiago and the vice-consul went aboard and took his deposition a second time. ,t. . . T,/r t? Q. Who has those depositions?— A. I suppose the Mmister, Mr. Egau. I suppose they were forwarded to him. , , . ^ , ., . , (J Wliat if anything resulted from the taking of your deposition before Criminal Judge Foster?— A. I cannot say that it resulted m *^"o*^ Did Judge Foster make any judgment or decree or prder, in refer- ence to that examination ?-A. He made the remark to me, after he liad taken my deposition, that he would certainly punish the men that did 634 RELATIONS WITH CHILE. this beating, to the fullest extent of the law, and that he would go right on with the case and sift it out thoroughly, and find out where the trouble was, but nothing was done about it while I was there. I made the remark to him that I wanted him to see this man and would bring hiin up, but he did not say that he wished to see him. Q. You know of no order being made by him in reference to the mat- ter ?-^A. Xo sir. Q. What sort of a man, mentally, was Shields, when he left the ship ?— ' A. A good able-bodied man, as far as I know from observations from the chief-engineer; as good a man as we had aboard the ship, of the firemen. Q. Bright intellectually ? — A. Yes sir, always so. Q. What condition was Shields in when he came back, physically? — A. When he came back, he was physically, a wreck; he was black and blue from the nape of Ms neck down to his hips. Q. Did you make a personal examination of his person? — A. Yes sir, and also the doctor of the "Baltimore," Dr. White, who will be here in a few days. Q. Was his statement taken at Valparaiso? — A. I will not be posi- tive about that. Q. What was the nature of these injuries to him? — A. I am pretty sure it was taken by the American consul. Q. What was the nature of the injuries on this man's person, that you saw! — A. On the outside, as I-tell you, where he had been beaten, it was perfectly black and blue from the nape of his neck, down to his hips and he lost a great deal of blood, and it left him in a very stupid conditioii. At times I had my doubts whetlier he was in his right mind. It left him in a kind of a palsied condition. He is to day in that condition. . Q.-Did you notice any woitnds on his temples,when he came back? — A. I cannot say that I did. I have forgotten. It seems to me. over one eye there was a mark, where it had been cut open. Q. How soon after Shields made his return to the ship, was it, that you reported to the consul !— A. Shields came to the consul before I saw him. Q. When was tlie first time, that you took any interest to go to the consul about it? — A. The very same morning. Q. When he came back ? — A. .! or 3 hours afterwards. Q. After you had reported to the Consul, then he made his report to the Intendente?— A. Yes sir, tlic very sinie day. Q. The lutendente refused to see him or examine him, although he was present there, and said tiie whole iriattcr would liave to be refeiTcd to Judge Foster ?— -A. Yes sir. Q. And after that you received the suininoiis to appear before, Judge Foster to give your evidence ?— A. Yes sir. Q. Did Judge Foster take the evidence of Shields himself, at alH— A. No sir, he sent some men off aboard to take his deposition. Q. When was that, before or after your dep:)siti()n was taken before Judge Foster ?— A. Afterwards. Q. How long atterwards?— A. About a week afterwards. Q. Do you know who tliose men were who came there? — A. Xo sir, I did not see them. Q. What were tliey, Chileans?— A. Yes sir. Q. How many ?— A. I did not see tliein. I was not aboard. Q. Do yon know how many persons were present when that deposi- tion was taken ? — A. Xo sir. ILL TREATMENT OF PATRICK SHIELDS. 635 Q. You know nothing about that? — A. No sir. Q. Do you know who would know? — A. Yes sir. Q. Who?— A. The chief-mate, Mr. Wheeler. I think Mr. Jerome the third officer would know. They went off unknown to me. Q. You did not know they were there? — A. No sir. Q. Were you on the ship when they came there?— A. No sir, I was on shore on my ship's business. _Q. You were not informed that they were going there to take his deposition at all? — A. No sir. Q. Would you have been present, if they had informed you?— A. Cer- tainly. Q. Do you know how long they remained there? — A. No sir. Q. Did they make any inquiry" as to their being Americans? — A. Yes sir. When I was giving my deposition, Judge Foster asked me if Shields was an American? I told him he was a native of Ireland, but was un- . der the protection of the American flag. Q. And told him about being employed on an American ship? — A. Yes sir. Q. Were you present at the time that Shields' claim for indemnity or damages, was made out before the Consul? — A. No sir, the American Consijl attended to that himself. Q. Did he come on board the ship to do that? — A- Yes sir. Q. Do you know when that was done? — A. That was shortly before we left. Q. Were you present at the time? — A. No sir. Q. Have you any knowledge of the amount of the claim? — A. Only what I have heard, $5,000. ' Q. From whom did you hear about it? — A. From Shields. Q. Did you have any consultation with the Consul about it? — A. Only in this way, that he said he should make a claim. Q. He said he should make a claim? — A. Yes sir. Q. Did he say for what amount?-:— A. No, he did not."^ Q. Did you ever hear anything, or have any knowledge about any promise made by the Chilean officials of indemnity or j)ayment of^ dam- ages to Shields? — A. No sir. ' Q. No knowledge of that at all? — A. No sir. Q. You never heard of any promise being made? — A. No sir. Q. All that you know or heard in that connection, was the remark made by Judge Foster, that the matter should be fully investigated, and the parties who were guilty of this ill treatment to Shields, should be punished to the extent of the law? — A. Yes sir. Q. That is all you ever heard about that?— A. Yes sir. Q. Do you know of any promise being made to Shields by any per- son that money to pay him for these injuries should be sent to any person for him or to him directly at San Diego or any other place?— A. Q. Did you ever hear anything about such a promise as that? — A. No sir. .,,.., Q. Is this the first time that such a promise has ever been mentioned to you?— A. Yes sir. . ^x,. ^ , ^ Q. Did the consul at Valparaiso ever say anything to you about such a promise as that?— A. No sir. Q When was it that he said to you that such a claim would be made out for damages received?— A. It was about a week or ten days before he went away. Q. Was Shields still sick?— A. Yes sir. €36 RELATIONS WITH CHILE. Q. How long did Ms sickness continue? — ^A. Up to the time that he arrived. He has never been on duty since that time. We shipped another man to take his place. Q. Was he confined to his bed after that all the time you were at Valparaiso? — A. Yes sir. Q. Under the care of the doctorl— A. Yes sir. Q. Was he permitted to go ashore after he returned to the ship*? — ^A, No sir. The doctor said he was not in a condition to go ashore, and there is a written statement to that effect in thie hands of the Ameri- can consul. Q. On what occasion was it that he went with you and the consul to the Intendente's? — A. On the first day that he got out of jail. On reflection, however, I believe it was after he returned to the ship and was examined by the doctor that he went ashore with myself and went to the consul, and from there we went to the Intendente, as heretofore related by me. We returned to the ship after being away about two liours, and this was the last time he left the ship while we were at Val- paraiso, the doctor having given directions to that effect. I Qi Have you any knowledge of any effort on the part of the Chilean ofl&cials to procure the presence of Shields on shore during the time that your ship lay at Valparaiso? — ^A. I have no knowledge about it. Q. Have you any knowledge of any boat or vessel belonging to the Chilean government or ofllcials coming alongside your steamship on the day you sailed from Valparaiso for the purpose of summoning Shields to give evidence or take him ashore for that purpose? — A. I had no knpwledge until I got aboard the ship ready to sail. My ship sailed on Monday, tfie 23d of November last. I went on board about 9 o'clock in the evening, after finishing my business about clearing my ship. When I returned to the ship I was informed by my of&cers that some Chilean oflcers had been on board the ship to take Shields ashore to take his deposition in court and the ofiicers had refused to let Jiitn go as they had-^ositive orders from the American Consul and myself not to allow him to go ashore, on account of his condition. It was thought' by the ofiicers of niy ship and myself that this effort to take Shields • ashore at this particular time was intended to delay the sailing of the ship, as Shields' deposition had been taken previously by the Ajnerican Consul, and there had been abundant opportunity for the Chilean ofl- , cials to have investigated the f^cts of Shields' case before that if they so desired, and in fact Shields was not in a physical condition to go ashore at that time for any purpose. I sailed about half past 9 that evening for Coronado, Chile. No one ever told me that Shields' case had ever been settled by the Chilean Government or that-the American Consul had said so. Q. Have you stated all the facts that yon know touching the ill- treatment of Patrick Shields by the Chilean Police? — A. Yes sir, I think I have. I can not think of anything more. Q. Did you state the facts to Judge Poster that Shields had stated to you ? — A. Yes sir. (}. I will now ask Mr. Bennett, the Notary Public, to read to you the statement which has been made by Patrick Shields'during this present investigation. (The Notary here proceeds to read the testimony of Patrick Shields.) Q. In that substantially the same narration of facts as was made to you by Shields at Valparaiso ? — A. Yes sir, about the same thing. With regard to all his injuries and so forth, it was just the same. Q. And the way they were received? — A. Yes sir. ILL TREATMENT OF PATEICK SHIELDS. 637 Q. Did you make that same narration, or did you state these facts, in your deposition before Judge Foster?— A. Yes sir. Q. What were the habits of Shields as to sobriety?— A. As far as I know, he was always strictly honest and as good a fireman as we had aboard the ship. Q. A sober man generally? — A. Yes sir. Q. Did he generally get drunk when he went ashore?— A. He never had been ashore. Q. Did any of the authorities, Judge Fbster, or the Intendente, or any Chilean official, give any explanation, or reason, or excuse, for the.treat- ment of Shields? — A. No sir, not to me. Q. Did you hear of their giving one to anyone? — A. No sir. Q. Was any denial made by anyone that you know of, of the illtreat- ment? — ^A. I never heayd of any denial. Q. You never heard of any denial of his story? — A. No sir. Q. And no explanation was ever offered? — A. No sir. Q. Was it ever claimed that he was a troublesome man and got, drunk and made trouble, when he was on shore? — A. No sir. Q. Have you any knowledge of your own as to the treatment of Americans generally, at Valparaiso, while you were there"? — A. Yes sir, I know they had a very great degree of ill-feeling against the American people in Valparaiso. That is from the time they mobbed the "Baltimore" crew, when they were on shore. ,Q. Were yoii there at that time? — A. Yes sir. Shields got his leave of absence and went ashore. The night of the day that the fanSral of the "Baltimore" sailors took place there was a very bad feeling mani- fested by the Chileans against the Americans, and a bitter feeling against any one belonging to an American ship, no matter whether he was English, Scotch, Irish, or Dutch, it did not make any difference.! Q. How would the feeling be manifested'? — A. In different ways. The lower class of th& people would hoot at you and insult you in this way, and call you a "Gringo", and use insulting expressions and threats to- wards you, wherever they might come in contact with you. Q. Did you see any part of what is known as the outrage against the "Baltimore" sailors? — A. I was looking out of the window of the house on Calle Blanco and saw one of the sailors being chased by the mob, pushed down, and one of the mob picked up a stone and strufck him with it and laid him out for dead. Shortly afterwards they came with a team and took him to the station-house. I also saw them chase another sailor of the "Baltimore" who was all cut to pieces, and the Chilean officers got hold of him and took him to the station-house. Q. Do you know anything of the cause of that particular difficulty ? — A. No sir, I do not. Q. During the time that you were there, did you see any lawless conduct on the part of the crew or sailors of any American vessel there?— A. No sir. „ . -, Q. Eeferring to your own statement, and. to the Shields calse, was any complaint ever made to you, of the conduct of any member of your crew on shore?— A. No sir. , . '^ . :, -u ^ Q Did you ever know or hear of a complamt bemg made before or to any Chilean official, touching the conduct of any membprof your crew? — A. No sir. Q How long will you be at this port?— A. Probably until ajbout Thursday next. Then I shall proceed to Seattle, and back to San Francisco, not touching at any intermediate ports. I expect to engage in the coast trade on this coast for some time. Wm. H. Jenkins, Master. 638 RELATIONS WITH CHILE. San Feanoisco, December 36th, 1891. Deposition of Arthur E. Jeromje, taken before Clement Bennett, notary public, on board the " Keweenaw." By United States Attorney Garter — Q. Wbat is your name, age, occupation and residence? — A.Mynameis Arthur E. Jerome; age, 50; occupation, engineer; residence, Saginaw, Michigan. Q. What is your present position? — A. Third assistant engineer of the steamship " Keweenah". Q. How long have you occupied that position on that steamship? — A. I went aboard of her I think it was the 12th of April, somewheres about the middle of April, I have forgotten the exact date that we left Bay City. Q. Were you part of her crew, in the capacity mentioned, at Valpa- raiso? — A. Yes sir. Q. At the time of the difficulty of a sailor belonging to your crew, by the name of Patrick Shields, with the Chilean officials? — A, Yes sir. Q. Will you state the facts within your knowledge, touching the treat- ment of Patrick Shields by the Chilean Police at Valparaiso? — A. He had been gone from the ship I think one week, when he turned up in the Consul's office one morning. He had been missing, and no trace had been got of him. A fireman had been sent ashore, I think the day before he was let out. The Vice-consul told me he had sent an in- terprrtor with that fireman the day before to find that missing man^ but they did not find him in any of the prisons. The fireman also told me the same. Q. Will you please relate consecutively, the history of this affair in regard to Patrick Shields? — A. After Shields had been absent a week I went into the American Consul's office. The Consul was a resident of our country, and I have known him at home, and every time I went on shore, I called upon him. I was there on this occasion to make a friendly call upon him. When I went in, the American Consul was talking with a couple of men, and he said " step in to my private room until I get through." I had not much more than taken a seat, when he said to me "Jerome, come out and see if you know this man." I went into the room and recognized Patrick Shields our fireman, who had been missing for a week. I identified him immediately. Shields then asked the Consul "Cannot you send me to the hospital?" The Consul said "No; whydon't you go aboard ship?'' Shields said "lam beaten up so I am not fit to go aboard. I can not go aboard." Then the Consul took me into the room, and he said " Had you better not take this man -aboard?" I said,' "I will' take him aboard if you say so." He said " You take him aboard, and I will have the surgeon of the " Baltimore " come over and examine him, this may have a bea>ring on the " Baltimore's " case. He sat down and wrote a letter to Captam Schley of the " Baltimore " to send a surgeon aboard to examine this man. I went down to the Mole with Shields^ and as we had 20 minutes to wait before our boat went off, I said to Shields "You wait here until I get back, don't move," I stepped up to the Post-office and when I came back to the Mole I could not find him. I thought the man had given me the slip. I could not think why it should be so. Just as I got ready to go he turned up. He had not been off the Mole, but had been wandering round. I got him aboard of the boat, and he seemed to brighten up for a few minutes. ILL TREATMENT OF PATRICK SHIELDS. 639 Q. What means did you take to get aboard the boat?— A. There is a row-boat that goes up to the Mole, and carries people out to the ship. Q. The ship was moored out how far 2— A. Two miles. Tlien Shields began to show a little flightiness in going out, a thing I never saw him do.before. He got laughing and acted silly. I thought the man was under the influence of liquor, but he was not. The strain had got off from him, and when he found he was all safe, he seemed to light up. I got ' him aboard, and then took our own row-boat, and went over to the "Baltimore" with thislettei;and Captain SchleysentSurgeonWhiteoff, or Doctor White. He came and examined Shields, gave him a prescrip- tion, and I went over to the Baltimore and got it filled by the apothe- cary on board, and fetched it off. Q. Where were Shields' injuries?— A. The injuries were in the back of his head. It was swelled up badly there. It seemed to affect his brain, so that at times he was not able to tell a connected story. He told the straightest yarn, up at the Consul's oflace, when everything was fresh. Afterwards when he found he was in safety the tension seemed to get off his mind and it wandered. Q. Did you hear his story at the American Consul's befpre you left? — A. Yes sir, all he said was "I have been beaten so terribly that I can- not do alnything, I don't know what I am about half the time." Q. Did he tell you who had done it? — A. He said they had done it; in prison. He went on shore Saturdaynight he said, and was arrested that night, and put in prison, and had been there ever since. I said, "How did you get out?" He said, "They turned me out last night, and I slept away up on the hills." He said, "Tcame down to this office early this morning". The Consul's office is not open until 11 o'clock, and he said, he was waiting there until it opeued. He got aboard and was stripped off. On examination, we found he was covered from the top of his head clear down, with bruises. He had bruises on his arms and bruises clear down to his hips, on his neck, his back and shoulders. He was the worst beaten man I have seen for a great while. Q. You saw these injuries yourself? — A. Yes sir, I saw them that day. Q. Do you know anthing about his vomiting blood? — A. No sir, I don't know specially about that, because I did not happen to be in the forecastle. ' Q. Did you hear read the statement made by Patrick Shields to me ? — A. Yes, sir, and it is substantially the' same statement that was made to the consul, at the time I met Shields at the consulate, except that the present statement goes more into detail and more fully into the matter. My time was shbrt, and, I wanted to get back to the ship, and a full statement was not made % Shields at that time. As soon as the American consul. Colonel McCreery, ascertained that he was a member of our crew and was badly injured, he ordered him aboard the ship, and. as I have stated, gave directions about getting the doctor of the "Baltimore" to examine him, deferring investigation or examination until after an examination by Doctor Wliite, in order to ascertain the extent of the injuries received by Shields. The next day he was taken on shore to the consul's office to give his statement to the American ' consul. That was the last time he was on shore in Valparaiso. He was taken on board on the "Baltimore's" steam launch. . He went with Captain Jenkins. I did not accompany them, and do not know of my own knowledge what o,ccurred on that occasion, while they were ashore. They returned in a couple of hours, and I know Shields did not go ashore again after that, while we were in Valparaiso, the captain hav- 640 EELATIONS WITH CHILE. ing so ordered, under the direction of the " Baltimore's " doctor. The doc- tor visited him every day on the ship. Q. Will joxi state how long he was confined to his bunk? — ^A, I am unable to state exactly, but it was 2 or 3 weeks. Q. Was he und6r the care of the doctor all the time he was in Val- paraiso! — xV. Yes, sir. - Q. Was Shields a man of good habits? — ^A. So far as I know he was a man of good habits, and a competent good man in his position. I never saw anything quarrelsome or ugly about him in any .ship. Q. Do you know anything about his having made a statement on board of the- ship subsequently to the American consul or vice-consul or to any Chilean officer ? — A. I think about 5 or 6 days after he went ashore to make this statement to the American consul, a Chilean judge and an interpreter and clerk came aboard for his Statement, and they went into the forecastle where he lay and there got some state- ment from him. I was not present. I saw them come aboard, and I learned what their business was ftom a steward we have who speaks Spanish. I called him, and he stepped out to ascertain what they wanted. I think his name is' Frederick Baxter. He told me that they wanted a statement from Shields. Thereupon the first mate took them forward to the firemen's forecastle, and they sat down there arid asked Shields questions through an interpreter and got his answers. I was not present, so do not know what they asked him. They apparently delayed their investigations so that they should not be made while Shields' injuries were fresh. I Q. Do you know whether this investigating party, whom you have just mentioned, examined his injuries? — A. Ko sir, I do not. I could not say. I think Campbell can tell you that. He was present. Q. Do you know whether any member of the '^ Keweenaw's" crew was present at the time that this statement, now mentioned, was taken? — A. I think some of the firemen were in the forecastle at the same time, but I can not tell who they were. My impression is that Campbell went up there during this time, and I think he made the statement that the consul had ordered them not to allow, anyone to come on board io see him, for the reason that he woidd not be present when they examined him. Q. Who made that statement? — A. I think Campbell made it. I know he and the mate got into a controversy about it. Q. You yourself are not acquainted with the details of that statement, because you were not present? — A. No sir, I was not present. Q. How long did they remain^ there? — A. They were there about an hour. Q. Did they inquire for the captain? — A. I don't remember; I don't think they did. They spoke Spanish. •Q. The American cpnsul was not there at that time? — A. No sir. Q. And no one was present representing the Government ofiftciaUy ? — A. No sir, and no one knew of it at the American consulate until it was reported there, that they had been on board. ■ Q. \Y"as any statement made at any other time by Shields, besides the one you have now mentioned, on board ship? — A. Not to the Chileans, that I am aware of. He had made other statements to the American consul. Q. Do you know about the circumstance of those statements, made to thei American consul on board of ship? — A. No sir, I only know the consul came on board and got statements from him. AAerwairdSys ILL TREATMENT OF PATRICK SHIELDS. 641 when the consul found that the Chileans had been aboard and taken , his statement, he came on board and got further statements. Q. Did he take the statement of any one but Shields'? — A. I don't remember whether he did or not. Q. Do you know the vice-consul? — A. Yes sir; I met him there. , Q. What is his name? — A. MoUer. Q. Do you know whether he came and got a statement from Shields l — A. I think he did. Q. Was that after the consul had taken his statements — A. Yes sir, it was after the Chileans took Shields' statement, that these other state- ments were taken. Q. Do you know whether or not Shields ever signed a claim for damages against the Chilean G-overnmenf? — A. I do not positively know it, although the American consul came on board on one occasion and inquired for him. It was the Saturday before we saUed that he came aboard with this claim. He asked me where Shields was. I said he was in the forecastle. He said " We can go right up there, and get him to sign this.'' He inquired if there was pen and ink there. I said "I don't know." I went to the forecastle door, and asked the boys if they had pen and ink there, and they said "Yes." I left him there. As he came out to go ashore, I spoke to him again, and he said "We have got this settled," or "we have got Shields' claim settled." . Those were the words he used. I took it that he meant they had fixed the amount of the indemnity. Q. Did he mention any amount? — ^A. No sir. Q. Let me understand you. The consul came aboard with a paper which he stated was the claim of Shields against the Chilean Govern- ment? — A. Yes sir. Q. And inquired where he was?— A. Yes sir. Q. And asked for pen and ink, in order to get Shields to sign it, and he was shown where Shields was, and pen and ink were procured for him? — A. Yes sir. Q. You do not know if Shields signed it or not?--A. No sir, I do not. Q. When he came out, and was about to leave the ship, he told you that he had got Shields' claim settled?— A. Yes sir. Q. And you inferred that the amount of it was determined upon?— A. Yes sir. Q. Did you infer from that, that the Chilean authorities had agreed to pay anything? — A. Yes sir, that is what I took it to be. Q. You inferred, from what he said, that the Chilean Government had agreed to pay Shields some certain amount which had now been fixed upon?— A. Yes sir. Q. And it was determined to itay it?— A. Yes sir. Q. And the. exact language he used was "We Mve got Shields' claim settled."— A. Yes sir. , . -, ^ , Q Was anything said about how it was to be paid, and when and where, and through whom?— A. No sir, that I only learned through' ' Q, What hearsay?— A. The general talk about the ship, among the men. I don't know who it was. I cannot remember now; that he was going to get a certain sum — I think the sum of $o,000 — when he arrived Q Was it generally talked about where it was to be paid, and to whom? A, No sir. It was to be paid at San DiegO. Where they got the information from I don't know anything about. I was not in the forecastle at the time this thing was signed. 41 ' 642 RELATIONS WITH CHILE. Q. Do you know of any effort being macle by the OMlean officials to take Sliields asliore before leaving Valparaiso? — A. Yes sir, I know the steam-launch came off there with what purported to be a subpoena for him to go ashore aud give his deposition, Q. When was this ■? — A. On Monday afternoon, the day we sailed from Valparaiso. ^ (). Did you see the subpoena? — A. I saw the paper. I did not me the contents of it. I saw him hand it over, and I tnink it was taken to Mr. ^Vessels who interpreted it. (}. Did you hear it interpreted ? — A. No sir. (). What time of day Avas it,' that they caiiie there? — A. I think the first visit was about 3 o'clock in the afternoon. Q. Was tlie captain on board? — A. Xo sir. Q. Did Shields go ashore? — A. No sir. Q. Why not? — A. The iir.st mate said "this is a trick to delay the ship, and he cannot go ashore; we have had strict orders, not to allow him to g( ) on shore ; they have had plenty of time to investigate all these matters : we have been here four weeks since this occurred." Q. What object would they havie in delaying the ship? — ^A, Nothing, only the general enmity to the American people. The oiy other object in it would be, to get hold of Shields and hope that we would go off with- out him. It was one of those two objects, it might be eitSier of them. In case they could get hold of him, that would wipe out the indemnity. Q. All you know about any promises of indemnity, is what you have stated ? — A. Yes sir, that is the way we viewed it on board the ship. Q. Shields was a fireman in your department? — A. Yes sir. Q. What have you to say, touching the question, whether the treat- ment of Shields by the Chilean police, was due to his being a member of an American crew? — A. I have no knowledge of that personally, only what he reported at the time. Q. What generally was the feeling of the Chilean officials and the people generally towards Americans? — ^A. Quite bitter. Q. How would this be shown? — ^A. It would be shown by general talk and treatment on the streets. The conduct of the Chileans would be insulting. , Q. Did you have any knowledge from your own observation, of the Ul-treatmentof Americans, particularly by Chileans? — A. No sir; noth- ing out of the ordinary. I saw those " Baltimore" men when they were taken out of prison and carried aboard, and I saw thefr condition. I was on shore on the Mole one day when they brought them down to carry them aboard, after they could move them. I saw they were badly beaten and cut up. Q. How long before this affair of Shields occurred, was it, that the "Baltimore" outcage took place?— A. I should think it was about 8 or 10 days; I cannot tell precisely ; it might not have been quite so long. .Q. You do know that Shields left the ship in good physical and mental condition?— A. Yes sir; he was all right when he left the ship on that Saturday night. Q. When he came back, he came back under the circumstances you have described, and in the physical and mental condition you have de- scribed? — A. Yes sir. Q. Have you any reason to doubt or believe that the treatment of Shields was due to any other cause than his connection with that Amer- ican steamship? — A. No sir; I have not. Q. Did you hear of any turbulent, boisterous, or lawless conduct on ILL TREATMENT OF PATRICK SHIELDS. 643 . the part of Shields, while he was on shore at Valparaiso? — A. No sir; I did not learn of any. Q. Did you hear of any explanation made for the injuries of Shields ^by any Chilean officer or official? — ^A. No sir. Q. Did the consul ever say whether any explanation was made to him or not, about it? — A. No sir. Q. You met him almost daily? — A. Three or four times a week. Q. After this occurred? — A. Yes sir. Q. And no explanation of those injuries was ever offered, in any way that you ever heard of? — A. Not that I ever learned. Arthur B. Jerome. Deposition of Frederick Baxter, taken before Clement Bennett, notary public,' at the office of the United States Attorney. By United States Attorney Garter. — Q. State your name, age, residence, and occupation. — A. Mynaine is Frederick Baxter; age, 33; residence. New York City; occupation, steward on board the "Kewee- naw ". Q. How long have you been steward on' the "Keweenaw"?— A. From the 18th of July last, so far as relates to my present employment. Q. Were you steward on that steamship, while she was a,t Valparaiso, when the flireman Patrick Shields, had his trouble with the Chilean police? — A. Yes sir. ' , Q. What is your nativity? — A. I was born in Mexico, but speak Spanish. Q. Are you acquainted with the fact that Shields left the steaihship on one occasion, and was gone 8 or 10 days, and returned severely in- jured? — A. Yes sir. Q. Did you personally see his injuries? — ^A. Yes sir, he had blood running out of his ears and nose and mouth, and he was badly beaten all over. Q. Was he under the care of the doctor?— A. Yes sir, he was under the care of the " Baltiiinore's " doctor. Q. Do you know anything about any investigation of the facts, relating to the case of Shields, by any Chilean officials, at which his statement was taken, by Chilean officials on board ship, after the return of Shields? — A. Some of it at the first, but it was put a stop to. Q, State what you know about that.— A. A Chilean officer and a French doctor came aboard, and they got me to interpret for them. I was sent for by the chief officer. This doctor examined Shields aU over. The doctor himself said that he was ba41y beaten, when he saw his con- Q The' doctor himself said that to you ?— A. Yes sir, to me. That was'aU that he said. He said he only came there to see what the con- dition of Shields was. I asked him myself, "How about it?" Hesaid"! know nothing about it. I am only sent here to see how he is." Hesaid to me " he is badly beaten "- » . ^.^ . Do you know the doctor's name?— A. No sir. Q Did he talk French or Spanish to you?— A. He talked Spanish to me but I could see by his accent, that he was French. 6 Do you understand French at all?— A. Yes sir. O Did they undertake to take the statement of Shields, at that +j^"i? ^_ Yes sir, but I saw myself what they wanted to do, and I knew they were going to make everything as smooth as they could. The doctor wanted mfe to interpret the way he was treated in jail, to this 644 RELATIONS WITH CHILE. Chilean officer. I saw what they wanted, and I would not do it, I just told them, rough and ready, how he was treated in jail; that he was treated badly. Q. Did Shields make a full, statement at that time, of how he was treated? — A. No sir, because they were only there 10 minutes alto- gether. Q. What do you mean by saying that you did not interpret folly what Shields said? Did you interpret what he said to them ftdlyl — A. The story Shields toldwa« so strong against the Chilean police, that I thought Shields was out of his head, and I did not give the details in interpret- ing to the Chilean officials but just gave a general rough and ready ac- count of it. I only gave a few instances of the assaults whjch Shields narrated, in the brief time occupied in taking his statement, and exam- ining him by the French doctor, who was with the Chilean official. I don't think the statement of Shields was taken down m writing at that time. The doctor himself understood a good deal of fenglish, and had a good part of Shields' story before I got there. The doctor said to me, that he understood about all that Shields said, although he cotild not speak English thoroughly. The Chilean official who accompanied the doctor did not say a word all. the time he was there. Q. Was that the only occasion on which any Chilean official under- took to make an examination of Shields or to take his statement on board the ship? — A. A day or two after this, some Chilean officers came on board again, and wanted to see Shields, but were told by the chief officer, Mr. Wheeler, that by the orders of the consul no one \fas allowed to see him. Q. Did you go on shore frequently, while your ship was lying at Val- paraiso? — ^A, Yes sir, I was on shore three or four times. Q, Did you talk freely with the Chilean population there? — A. Yes sir. Q. What was the feeling of the Chilean officials and the people gen- erally towards Americans? Was it bitter or hostile? — A. It was very bitter against the Americans. They felt about as bitter against this nation as any nation could feel against any other. I spoke to some of th6m and tried t;o reason with a great many about Americans being a great peoplie^ if they were treated half way decent, but they would not have it. Fred Baxter. Deposition of Herbert E. Spragtje, taken before Clement Bennett, notary public, at the office of the United States Attorney. By United States Attorney Garter. — Q. What is your name, age, age, residence and occupation? — A. My name is Herbert E. Sprague; age, 28; residence. Barker's Head, Maine; occupation, second engineer on board the "Keweenaw." Q. How long* have you been employed in that capacity? — A. About five months, and a few days. Q. Were you employed in that capacity on board of her, at the time that Patrick Shields, a fireman belonging to her crew, had any difficulty with the Chilean police of Valparaiso? — ^A. Yes sir. Q. Do you know Patrick Shields? — A. Yes sir, I have known him since he has been on board the ship. Q. What sort of man is he, in the position of fireman? — ^A. First dass. Q. A hard-working, honest man? — A. Yes sir, as far as I know. ILL TREATMENT OF PATRICK SHIELDS. 645 Q. Is he considered a truthful man? — A. Yes sir. Q. Do you know anything about his difficulty at Valparaiso' with the police there?— A. I know he went on shore sound and in good condi- tion, and when he came on board he looked as if he had had some hard trouble. Q. Did you see his injuries?— A. Yes sir; I saw that his back was black and blue and he was bruised up very badly.. Q. Do you know of any of the Chilean authorities coming on board to take his statement? — A. Yes sir; I saw them. Q. How many times did you see that occur?— A. Only once. I was in the forecastle when they came. ' Q. Did you see what took place when they came onboard? — ^A. They went and took his statement. It was written down. Q. "Were you there? — A. Yes sir. Q. Did he sign it?— A. I could not say if he did or not. Q. Did you see them writing it down? — A. Yes sir. Q. Who wrote it? — A. I cannot say who it was. I don't know his name. I saw him wrote it. Q. It was not one of your crew? — A. ^o sir; it was one of those fel- lows ashore. Q. Did you take him to be a Chilean? — A. 'Yes sir. Q. How many were there in the party? — A. Two; one man talked English and Chilean. Q. Was Baxter your steward there, at the time that statement was taken? — A- ^o sir; at the time I was there, he was not. Q. How long did they remain there ^ — A. I think an hour. Q. If the steward Baxter, acted as interpreter, at one time, that was • not the occasion ? — ^A. Ko sir. The time thait they came, Baxter was not there. Shields was not going to say anything, but the mate came forward and said he had to. The mate came down and told me I had better go up. I went up and sat there the remainder ' of the 'time. Shields asked me what was best for him to do. He says the American consul told him not to say anything to anyone who came there. I said " Do as you are a mind to; if he told you not to say anything don't do so." And then he said he would not. They could not get anything more from him until the first mate came up and said he had to give it^ so then he went on and gave the rest. Q. Did you hear what he said? — ^A. Yes, sir. Q. Did he make a pretty fall statement? — A. He said he did not give aU. He told them he had enough to tell them to fill a good many sheets. They said they had enough and went off. ^ , Q. Did any one talk English in this crowd?— A. Yes, sir; this man who did the writing. Q. Do you know if he was a Chilean or the American vice-consul? — A. He was not the vice-consul. He was kind of deformed; he had a hump-back; he had a bunch on his shoulder. Q. Was he a ChUean official? — A. I know he spoke Spanish. q! Baxter was not there at this time?— A. No, sir. Q. Do you know whether the Chilean Government had that state- ment taken or not?— A. I could not tell you. Q. Do you know for what purpose that statement was being taken ? — A. They said they had to have it. Q. Who said they had to have it? — A. This man who did the writing. Q. How long were they there? — A. An hour. I was there an hour. I did not see them when they came, and did' not know nothing about it, until some one on deck told me. 646 RELATIONS WITH CHILE. Q. What was the mate's name that you referred to ? — ^A. Wheeler. Q. Is that the only time that you know of a statement being taken? — A. Yes sir. Q. Can you tell what date that was? — A. No sir. Q. How long after Shields had returned to the ship, was this? — A. I guess it was a week. Then we calculated to sail the next week after that. Q. Shields did go on and make a statement, when the mate; told him he had got to do it? — A. Yes sir. Q. How much of a statement did he make? — A, On a sheet of paper like this (pointing to a sheet of letter paper). They wrote on both 'sides of it, while I was there. Q. Do you know anything about the consul coming on board to take a statement? — ^A. I saw him on board a number of times, and I saw Shields go aft to the after-cabin. These fellows that I saw took the statement in the forecastle. Q. Where did Shields generally lie? — A. In the forecastle. Q. Did he have a room? — A. They had a large room with bunks in it. Q. Do you know anything about Shields having made a claim against the Chilean Government? — A. I don't know anything about that except what I hteard on deck, that he was going to get something out of it. Q. Do you know the American consul at Valparaiso? — ^A. I know him by sight. Q. Did you ever hear him say anything about there having been a claim made, and thait it was settled? — A. No sir. Herbert E. SPBAatiE. Deposition of John Campbell taken before Clement Bennett, notary- public, at the offtce of the United States Attorney. By United States Attorney Garter. — Q. What is your name, age, residence, and occupation! — A. My name is John Campbell; age, 29; residence, Scotland; occupation, fireman on board the "Keweenaw." Q. Were you fireman on board of her at the time she was at Valpa- raiso, when a fireman by the name of Patrick Shields had a diflSculty with the officials at Valparaiso ! — A. Yes sir. Q. Do you know Patrick Shields? — A. Yes sir; I knew him before he joined the ship. Q. Do you know anything about the difficulty referred to ? — A. No sir. Q. You know that he left the ship? — A. Yes sii ; I saw him go ashore. Q. Do you know how long he was gone ? — A He was gone about 7 or 8 days. Q. W^hat condition was he in when he went away? — ^A. He went away healthy and sound. Q. What was his disposition as to peace and quietness! — ^A. He was the quietest man on board of the ship. Q. Peaceable disposition? — A. Very peaceable. Q. Do you know anything about what happened to him while he was ashore?— A. No sir; only what I heard. Q Do you kpow in what condition he came back? — A. Yes sir; he came back with his back all black and blue; he was not able to lift his arms. He was lying in bed and could not turn; he was all bruised up and black all oyer, and had lumps on liis shoulders. Q. Did he have any bruises on his face?— A. His face was cut, and his forehead was all cut. It was just beginning to heal up. ILL TREATMENT OF PATRICK SHIELDS. 647 Q. Did you go ashore at all? — A. Yes sir; 6 or 7 times. Q.''Did you hear of Ms having any difficulty on shore? — A. No sir. Q. Bid you hear of any complaint having been unide by the author- ities against hiin for disturbing the peace t — A. No sir. Q. What is the feeling of the Chilean population towards the people connected with American ships? — A. We were told when we 'were ashore, by 'the EngUsh people who lived ashore, that if any one asked us what ship we belonged to, to say that we belonged to an English ship or we would get beaten. Every house we went into warned us about that w'hea we told them that we belonged to the "Keweenaw," an American ship lying in the dry -dock. They said that we had better say- that we belonged to an English ship, as the Chileans were very bitter towards Americans. Q. Did any Chilean officer come aboard to examine or take Shields' statement after his difficulty? — A. Yes sir; two men came a board and took down his statement. One was a Uttle man with a lump on his back. Shields had given a lot of his statement before anyone in the engine room knew about it. ' Flanagan came and told me he was giving a statement to two Chileans. I was present when the doctor of the "Baltimore" and the American consul told him not to give any statement to any more Chileans. I walked right up to the room and asked him if he was giving a statement. He said, "Yes, the first mate told him to". I said, "Did not the doctor of the "Baltimore" and the American consul tell you not to give anymore statements?" He said, "Yes". I said, " Why don't you heed what they told you, and not heed the first-mate of the ship ? " So he stopped. Then this little man, who was interpreting, checked me, and told me I should mind my own business, that it was not my business to interfere with him. I said the doctor of the "Baltimore" had left Shields in my charge. The man who was writing down said, " We have got enough now." After that the first mate came up and ordered Shields to give the rest of his statement, so he did so. That was 8 or 9 days after Shields came on board. Q. Did they both talk Bn^hsh?— A. One. did. The man who was writing. The other one was an old gray-whiskered man, and he sat at the side of the table. He could not talk English. Q. Do you know who he -^ras?— A. I asked the man who was writiug, and he said the gray- whiskered man was the Judge, and he was the judge's clerk. , Q. Then it was a Judge and his clerk, who was present there taking the statement?— A. Yes sir. Q. Did he say what the Judge's name was?— A. No; I did not ask his name. He said he wanted to get the statement, to find out the people who had done it. - ■■ «, a ^r . Q. Did you hear any part of the statement that was made S — A. xes sir, a lot of it. » . ,r • ,. x i j t. -u Q. Was it a pretty full statement?— A. Yes sir, he told how he was beaten by the officials in the prison. x^xu- Q. Did he sign the statement?— A. No sir; we would not let him • ^^% Did you see the American Consul there at aU«— A. Yes sir; the 'f#; steward told us, it was the American Consul. a, . ,^ ^ Did you hear him say anything about a claim made by Shields, against the Chilean Government ?— A. No sir; I did not hear him say anvthing about a claim. 6. Do you know of Shields signing a claim?— A. Yes sir, I saw him sign a claim two days before he sailed. 648 ^ RELATIONS WITH CHILE. Q. Did he sign his name or make his mark? — A. He signed his mark j he said he could not write. Q. Who was present then? — A. Some other gentleman along with the Consul. Q. Did you hear the Consul say anything about the claim having been settled, or it having been fixed? — A. I heard him say something about $5,000. I did not understand it exactly. Q. Did you hear him say anything about Shields being paid $5,000, or where it would be paid? — \A.. No sir. Q. You heard nothing of that kind? — A. No sir. I only heard the American Consul ask him to sign his name. I heard him say something about $5,000. I seen Shields touch the paper to make a cross. Q. You did not hear the Consul say it was aU fixed and settled, and would be^paid at San Diego? — A. No sir. Q. Do you know anything about the Chilean officials trying to get Shields to go ashore the day you sailed from Valparaiso? — ^A. Yes, sir, I was there. The launch cametwice, first without an officer, to get him to go ashore, and then they went back and came back a half an hour or 40 minutes afterwards, and he was in his bunk. They came again with an officer, but we would not let him go. Q. Did they have a paper that they exhibited? — ^A. Yes sir, they had a paper with them. John Campbell. Deppsition of Beknakd Flanagan taken before Clement Bennett, notary public, at the office of the United States Attorney. i By United States Attorney Gautek — Q. What is your name, age, residence, and occupation?, — A. My name is Bernard Flanagan; age, 26; residence, 20 Montcalm street, Montreal; occupation, fireman on I board the " Keweenaw." Q. Were you fireman on board the " Keweenaw" recently at Yalpar-) also, when Patrick Shields had some difficulty with the Chilean officials? — A. Yes, sir. Q. Do you know anything about that difficulty? — A. I don't know anything about it, except I was ashore the same night as Patrick Shields, and I saw him in the barber shop, getting shaved, and I did not see any more of him until he came on board after his trouble. Q. What condition was he in, when he went ashore? — ^A. In good con- dition. Q. What condition was he in, when you saw him in the barber shop? — A. In good condition. Q. What condition was he, when he returned to the ship? — A.- In a fearful condition; he was not able to stand or walk. Q. Just describe about his injuries? — A. Whenhecame aboard, he was aU trembling and shaking. We wanted to know what was the matter with him. I said to him "What is the matter with you?" He said . " 1 am very nearly kOled." He was black from his neck down to his waist, and on his thighs, there were big lumps, where he had been hit with a club, and all around his shoulders there were big lumps, big ridges, and over his right temple was a scar, and one over the left. On the back of his head there were two big lumps, and he was very sore across his stomach. He complained of that, and about a pain around his heart. I thought something was wrong with his inside. Q. Did he throw up any blood? — A. Yes, I believe he did, when ashore. f ILL TREATMENT OF PATRICK SHIELDS. 649 Q. Did you see any of the Chilean officials come aboard? — A. I saw this judge and his clerk come aboard. Q. Was that the occasion that Campbell speaks of ?— A, Yes sir, the same day. Q. Were you present at the time Shields' statement was taken?— A. I was present before they took the statement. One of the men came down to the engine-room, and told me that some of the Chilean officials had come aboard to get his statement. Shields told me himself that he was told not to give any statement unless the Anlerican consul was present. One man came up and told me he was giving his statement, and 1 went and told Shields not to give it unless the America,n consul was present, and he said he would not give it. Then I went out in the «ngine-room, but it seems he gave his statement after I went down. Q. Did you go ashore frequently while you were there? — A. I was ashore twice while I was there. Q. Did you hear anything about Shields' difficulty on shore? — A. IS'o sir, I did not hear anything about it, on shore. I went myself to inquire after him. Q. From your own ojjseryations, what is the feeling of the Chilean population towards American citizens of the United States ? — A. I think it is a very bad feeling. You can not say you are, an American in Valpa- raiso. If you do, they rush on you. That is what the citizens of the United Sta,tes who are living in Valparaiso told me, that you were in danger of your life if you happened to say you were an American. That is what the time-keeper of the shop which was doing work on our engines told me. Every morning he would give me an account of the businesjs on shore, and he has been there 16 or 17 years. Q. Did you know the American consul when you saw him? — A. Yes sir. Q. Did you see him on board the ship? — A. Yes sir. Q, Did you hear him say anything about Shields having made a claim against the Chilean Government? And about it having been settled? — A. No sir, but I see him go in the forecastle to get this paper signed, and when I came in the forecastle 1 heard 2 or 3 men say that it was all settled, that the authorities on shore had settled it with the consul. They said that the consul had said so. That was right after the consul was there. Q. Did you go to the jail at Valparaiso while Shields was m prison there? A. Yes sir, I believe he was prison when I went to thejiail,but I did not see him. .,,,.., a t . u Q Statethecircumstancesof yourgomgtothejail.— A. 1 went ashore to see a doctor. Shields was missing from the ship and no one could find him. While I was ashore I went to the American consul to see if he had heard anything about Shields. He said he did not know any: thing about him; that he had not been there; that the captain had been there and told him he had deserted from the ship. He told me that he had perhaps been in some boarding house and was hiding away - until the ship sailed out of the harbor. I said I did not think the man would be likely to do that, as he had about $100 coming to him. The consul was not aware of that, but thought as the captain had said he had had an advance, that he was in debt to the ship. I said he was not in debt. The consul said, "The best thing you can do is to go up to the orison and see if he is in prison, and if he is, say you wUl ^ay his tine and come and tell me and we will get him out," or something to that effect. I went and got a sailor that I met, who could speak a Uttle Spanish, to go with me to the prison and inquire for Shields. 650 RELATIONS WITH CHILE. Wheu I told them at the prison who he was, and what ship he was on, — ? I had to say he was off of an American ship — they said he was not in the prison. At first the official at the prison was going to look for him, but when I told him he was off an American ship he would not look at all for him, and said he did not know nothing about l;iim ; he was not in the prison. Q. Did you describe Shields to him % — A. Yes sir, I asked him to let me look through the prison, and let me see if he was there, and I would point him out. He let me go up to the yard and then sent some soldiers after me and turned me back again. Then that night they allowed Shields to come out of prison. bis Beenakd X Flanagan, mark. Bernard Flanagan, not being able to write, made his mark, and I, at Ms request and in his presence, wrote his name thereto. [L. s.] Clejibnt Bennett, Nota/ry PuoUc. Deposition of Michael Malia, taken before Clement Bennett, notary public, at the oflSce of the United States Attorney. By United States Attorney Gaetee — Q. What is your name, age, residence and occupatioif? — A. My name is Michael Malia; age 31 ; residence, Montreal; occupation, fireman on board the "Keweenaw." Q. Do you know Patrick. Shields ? — A. Yes sir. Q. Were you acting in the capacity of fireman on board that ship, at the time that he had this difficulty with the Chilean police at Val- paraiso ? — A. I was. Q. Do you know of his leaving the ship ? — A. Yes sir, I was ashore that very same night. Q. State all you know about it ! — A. We parted with him when he went into the barber-shop, and I never saw him until be came on board after his injuries. Q. What condition was he in physically, when he went ashore that night ? — A. He seemed to be all right. Q. Did you see him when he returned ? — ^A. Yes sir. Q. How long was he gone from the ship ? — A. About 8 days. Q. What condition was he in, when he came back ? — A. Very ill. Q. What was the matter with him ? — A. He was all bruised. His back was all black. He seemed to bo bruised all over the body. He was a regular mass of bruises. Q, His face and back? — A. His face was a little better. He looked like as if his face had had a few scars, but they were getUng better. Q. Was he disabled by these injuries? — A. Yes sir. Q. How long did he continue so? — A. He has never worked up to the present time. Q. Was he attended by the doctor? — A. Yes sir, by the doctor of the "Baltimore." Q. Did you go ashore frequently, while you were at Valparaiso? — A. I was ashore three times. Q. What was the feeling and disposition of the Chileans towards the Americans there? — A. It seemed to be very bitter. Q. How would this be manifested ? — A. I could not see that they manifested anything bad towards me, because I did not give them any ILL TREATMENT OF PATEICK SHIELDS. 651 chance. Yoti had to deny that you belonged to an American ship. That was the only thiug I could see. Q. You were compelled to deny that yoii belonged to an American ship? — A. Yes sir. ositions aind so forth would go through the Minister's hands- to Washington, and as soon as he turned them over to the Minister he was through with them. s Q. He did not say that any of the Chilean officials had ever made any promise to pay any sum of money whatever? — ^A. No sir. Q. Did any Chilean official come aboard the ship to make any inves- tigation? — ^A. Yes sir. Q. State what you know about that? — ^A. They came aboard in four installments. Q. At four different times, do you mean? — A. Yes sir; they first «ame on board to take his deposition. They went forward to take it. Q. Who came? — A. I think they came from the Court of Crimes. Shields commenced to tell his story. I walked away. I was informed that the Consul had told him 'previously, which I was not aware of, that lie was not to give any testimony unless in the Consul's presence. So it stopped. They wanted him to sign it, and he would not and did not sign it, as I understand. They went on shore again. Then there was -a party came aboard afterwards to see him, some officials, I don't know -who they were. I told them he could not be seen. I could not speak their language, nor they mine, and they said something to one -another, and went on shore again. I tliink it was the day we sailed, 'On the Monday, that a party came on board and w.anted to take Shields "on shore, which I forbade. I told them he could not go ashore. Mr. Wessel, a passenger on board, who could speak their language, told them the same thing at my request. Then they went away, and shortly , •afterwards another gentleman came on board, who could speak quite ^ood English. He said he was a Doctor, and wanted to examine him. I would not allow that either. He had quite a talk with Mr. Wessel, intlie Spanish language, which I did not understand, and then he went ■on shore. That was the evening before we sailed. Q. On the occasion that you speak, the day you sailed, wheji you say the Doctor came on board, did the Doctor come first or last? — ^A. He "was the last one on board. Q. What was the reason you did not allow them to take Shields ILL TREATMENT OF PATEICK SHIELDS. ^59 asliore ? — A. Because I had received iustractions from the surgeon and the American Consul and the Captain, not to allow him to go ashore, and also from the Surgeon that he was not able to go on shore, and would not be able to go for three weeks. I have written instructions in a letter on board yet from the Surgeon of the United States steamer "Baltimore." Q. Was there any occasion previous to the one of the day of your failing, just mentioned, when an examination of Shields was ma.de by a Chilean doctor or ofScial? — A. Yes sir, there was an examination made by a Chilean doctor. He came on board and examined him thor- oughly as I should judge. Whatever conclusion they came to I could not tell. There were three in the party, but only one that examined! him. Q. Did they take any statement of Shields? — ^A. No sir, they took no statement at that time. Q. How long were they there at that time? — A. I suppose they wera aboard l^alf an hour. Q. Do you know the doctbr's name? — ^A. Yes sir. Q. Anyone else with him? — A. Two other parties, but they did noir seem to have any interest in it. They came off of the boat with him.. There was one party who did not go to Shields' quarters with him at; all, but just stayed round the ship. Q. Was there any other occasion when Chilean offlcials took any statement of Shields except the one you have mentioned, when it was; interrupted? — A. Not to my knowledge. Q. This interruption occurred solely on account of instructions that; . had been given by the Consul ? — A. Yes sir. Q. Is it a fact Mr. Wheeler that at any time after Shields had: refused to proceed farther with his statement, the Chillean ofQcials,. upon being informed that the Consul had directed that that should not be done except in his presence, or some one to represent the Amerifcan Government, that you directed him to go on and iinish his statement I' —A. No sir, I did not. x ^t, ^. Q. In this connection, go on and explain just what took place at that time referred to?— A. This humpbacked man from the Court of Crimes, went up there and commenced to take his deposition. I was there at, the time and was listening to it, and presently one of the firemen came been informed ^^ ^~ -v - - ^ . „ < x, t,- j> ^ j> " I should have thought they would have informed the chief olfacer ot that but if that is the case, I have got nothing more to do with it," and. I walked out of the forecastle. I came aft and saw the first assistant. The chief engineer was on shore. I said " I do not understand that. I do not think there would be any harm in taking his deposition." I sent the third engineer forward, and told him there was no officer in the forecastle and he had better go forward and kmd of hsten to those fel- Ws and'see what was going on, and he did so. It seems as though, the first assistant went forward and said "the mate does not think there is any harm in taking the deposition ". That is what I heard. I did not hear it myself. Anyway, I said " he need not sign it. It will not be irood for anything anyway as long aS he does not sign it." What thev did after that, I do not know. I never went near the forecastle. T did not tell him to go on with it. I only gave my views of the thing. O And did you not prevent him ft-om going on?^A. No sir. Q You did tell him not to sign it?— A. Yes sir, I told the consul ^60 RELATIONS WITH CHILE. •when he came off the next day the whole circumstance, and said I told Tiim not io sign it and he did not. He said "then it is not good for any- thing." Q. You know nothing at all about any indemnity or promise of indemnity made by the Chilean Government or any Chilean official to Shields, or to anyone on his behalf? — ^A. No sir, nothing further than -what I^said, what the consul told me, that he was going to make a claim for so much money. Q. Did you go ashore at Valparaiso? — ^A. I was ashore at Valparaiso four times, 11 hours aU together. Q. What do you say as to the treatment Americans, especially sea- :faring men, received from the Chilean population and others?— A. I "think there was a great deal of iU-feeling there; as far as their being anolested and so forth, I know nothing only hearsay. I know I was i;hreatened while I was there, threatened right on board my own ship. Q. What was the nature of those threats ? — ^A. For taking stolen 'Cargo; where they had pilfered the cargo. Q. Explain the circumstances of that. — A. We had quit* a quantity of Chileans, 15 or 20, to handle the cargo, to shift it from one ship to another, and I mistrusted that these fellows had been taking more or less, still I could not detect it. At last it got so open that I finally searched their baggage. They would bring off a bag with their din- ner, in their coats, and I found any quantity of sardines, candles, and cartridges, and they had them in their coat-sleeves. I took it away from them, and put it all out on the hatch. No one came to claim it, but they looked at me very strong, and went' ashore that night, and ^aid in their own language, which I understood afterwards, that they Tpould cut me and fix me, if they ever caught me ashore. The car- penter of the ship helped me out in that busijiess and searched their baggage, and they threatened him also. Q. WouM you say they had the same respect there for the American flag and the American Government that they had towards other flags and governments ? — ^A. I could not say that they did, not by their con- versation and manner. Q. Would you say they did not ? — ^A. I would say they did not. Sailors are generally proud to own up that they belong to an American ship in any country that I have ever been in, but it seems in Valpa- raiso they had to sort of keep that quiet, as I understood it, when they '•went on shore. ' Q, And generally would say that they belonged to an English ship ? — -A. Yes sir; that is what I understood. I would not like to go on shore at Valparaiso after dark myself. 0. A. Wheeleb. Deposition of Pedbo M. Wessel, taken before Clement Bennett, :notary public, at the office of the United States Attorney. By United States Attorney Gaetee. — Q. What is your name, age, "xesidence, and occupation?— A. My name is Pedro M. Wessel; age, 40; lesidence, Valparaiso; occupation, merchant. Q. How long have you lived at Valparaiso! — A. 26 years. Q. What is the country of your nativity? — A. Denmark. Q. What business do you follow at Valparaiso? — A. Merchant and Jail way builder. Q. How recently have you come to this city? — ^A. I came up on the ILL TREATMENT OP PATRICK SHIELDS. 661 American steamer "Keweenaw" direct from Valparaiso to San Diego and thence overland here. Q. Do you remember the day that you left Valparaiso on board the "Keweenaw"?— A. We left Valparaiso on the 22nd of November last, and went to Coronel and left there on the 28th inst.° Q. Do you know a man named Patrick Shields, who was a fireman .belonging to the " Keweenaw" ?-*-A. I do not know the man. Q. You do not recollect having seen him?— A. No sir; I don't recol- lect having seen hjm, but I know he was on board. Q. Were you on board the day prior to the " Keweenaw " leaving Valparaiso?- A. I came on board two days before we left, and was partly on shore and partly on board the ship. I slept on board those two nights. Q. Do you know anything about any investigation which was made or attempted to be made by the Chilean authorities in regard to the Shields' case? — A. Either the day we left, or the day previous, I can- not remember exactly which, a man came on board in a little steam- launch, with a notification from the Judge, Mr. Foster, to the Captain of the vessel ordering hift to let this man Shields go on shore, in case his illness did not prevent it. I was there at that time, and Mr. Wheeler, the fii'st officer to whom this was presented, asked me to translate it to him, which I did. He said the man was not well enough to go on shore, i asked him where he was. He said he was walking about somewhere. I then said to him that I would consider it well, in case he did not want to let the man Shields go on shore, to make him go to bed, instead of running about. Mr. Wheeler stated to nie, that he had received instructions from the American Consul, not to let the man go on shore, or to be seen. The same order that this man brofught stated that in case he_ could not go on shore, the city doctor would then come on board to examine him. I told Mr. Wheeler that. He said all right, they could do as they pleased. I gave this answer to the man, and he went off. Half an hour or an hour/ later, the city doctor came on board with the same order from the Judge, Judge! Fos- ter. Mr. Wheeler again asked me to be the interpreter and stated through me as interj)reter, that he could not allow him to see Shields. He repeated the same thing as before, that he could not be seen by anyone ft'om shore. Before giving this answer to the doctor, I told Mr. Wheeler I considered it would be more prudent to let the doctor see the man, if he was really ill, or had any marks of the thrashing that they told me he had received on shore. He said he could not, that the Captain was not on board, and that he had received strict instructions, and could not do it. I gave this answer to the doctor. The doctor said that he thought it would be well to let Shields be seen, because it might save any further trouble. He said if they did not let him see Shields, he would notjFonder, but what it might cause a delay to the steamer. I did not want to have any more trouble, or to be de- layed, so I told Mr. Wheeler, although he had received those orders, I considered he had better let the doctor see Shields, but Mr. Wheeler insisted that he could not do it. I told the doctor that he could not see him so he went away. That is more or less of what took place, as far as l' can remember it. The words may not be exactly as they occurred. We hitt that day without any further trouble. Q. Do you know whether there was a copy of that document left witli the officers on the ship?— A. No sir. Q Did you know this doctor who came aboard? — ^A. I did not know 662 RELATIONS WITH CHILE. ^ liiui, but he seemed to know me. He was a young man — a very pleas- * ant man. Q. You do not know whether he was the city doctor, except from what he .said ? — A. I did not, but he brought the order from the Judge. Q. Did you know the first man that came aboard? — A. JSo sir, I supposed it must have been some employee of the Judge. Q- Some attach^ of the court? — A. I suppose so. Q. Did he wear any uniform of any kind? — ^A. These men have no uniform down there of any kind. Q. He was a Chilean? — ^A. Yes sir. Q. Do not policemen wear uniforms? — A. Yes sir. Q. And soldiers do, I suppose? — A. Yes sir. Q. You have large interests at Valparaiso ? — A. I represent the house of Hemmenway & Brown of Boston. Q. Are you willing or able to make any statement, Mr. Wessel, touch- ing the feeling of the Chilean population towards Americans in Val- paraiso? — A. I can only state that the feeling of the better class of people in Valparaiso is as friendly now as it always has been. AU these rumors that I have heard since my arrival hePe have taken me quite by surprise, because when I left Valparaiso everything was very quiet, and the feeling was very good, although these small matters of the trouble between the sailors of the "Baltimore" and the Chilean sailors of Valparaiso had caused some newspaper writing, yet people did not give it any importance at all. Q. Do you include the Chilean police in that term of the better class ? — A. No sir, I do not, because the Chilean policemen are generally of the very lowest class of people that they can get. When these troubles with the " Baltimore " sailors occurred in Valparaiso, the authorities were not properly instituted, because it,was very shortly after the bat- tle had been fought, and it was not to be expected that everything could be in proper order. The police and the authorities could not very well have attended with the promptitude that otherwise they would have done, to such matters, and put a stop. to this kind of things. Q. Was the town filled with soldiers at that time? — ^A. Yes sir, there were a great many soldiers there. Q. Did you hear anything at all about the difftculty of Patrick Shields with the Chilean police while you were there, prior to the day when these Chilean persons came on bbard the "Keweenaw?" — A. No sir, ' th^ first thing I heard of it, was when I came on board. I was informed of it by the Captain or the Consiil. Q. You have mentioned the feeling of the better class of people at Valparaiso, as being friendly towards the Americans, what would you say about the class which would not be included in that term of " better class?" — A. I can simply say this. I suppose it is in Chile, as it is all over the world, that the lower class of people are generally inspired by what the better class do. The lower class has nothing to do but what is suggested by the better class. Q. You think the lower class is inspired by the better class? — A. I consider so. In case of any trouble, or anything of the kind, I should say so. The Chilean people as a rule, are a very quiet sort of people, and they do not go into any kind of war with outsiders, or their own people, unless they are very mijch provoked to do so. Q. As a resident of Vailparaiso, would you say there was a general friendly feeling prevailing on the part of officials, and the better class of society, and also the lower class of society, towards Americans? — ^A. Wh6n I left I would say so. ILL TREATMENT OF PATRICK SHIELDS. 663 Q. Do you think that an American seafaring man, would receive the same treatment, that a seafaring man belonging to other nations would, while temporarily sojoiirning there?— A. I would consider so. I have not had occasion to see anything to the contrary all the time I have been there. Q. Have you heard of any difdculty with any other than American sailors? — A. No sir; I can only say that in certain parts of Chile, there may be a kind of hard feeling towards the American minister, who is there at present. Q. You think it does not extend to persons entitled to the protection of the American iiag? — A. No sir. ^ Q. Do you not think, that that feeling against the American minister would iniluence their treatment of Americans, and those entitled to the protection of the American flag in Valparaiso"? — A. I do not think so. It is really and sincerely my opinion, that it is not so. Q. Do you know any of the facts relating to what was called the "Baltimore" affair? — A. Only from what the newspapers said. That is all I know. Q. You did not see any part of that difficulty? — A. No sir. In Chile it was talked of in the newspapers as a simple fight between drunken sailors on both sides. The newspapers deplored it very much, and every one who heard about it did the same. It is a thing that very often takes place there, not only with American saUors, but with German, English, and-otber foreign sailors, but pot in such large proportions as this was. I must frankly say that I consider it was a little rash of the American ofi&cials, ih those days of excitement, so soon after the battles had been fought, to let such a large amount of sailors go on shore, after what had happened in those days, when the American admiral went' over to observe the movements of the Congressional ships, the embark- ing of the troops at Concon, ^nd coming back immediately, and offlcers disembarking and going ashore, to see the Intendente. It created rather a disagreeable feehng. It looked as if they had gone there for news to bring back to the Chilean authorities. Q. You know nothing about that except what was the general talk? — A. I saw the ship going, and I saw the ship coming back, and I saw the American boat come away from the ship and come ashore, and the oflacer go up to the Intendente's. I observed that from my own resi- dence on the hill. ■, ^ « » Q. What is the nature of theofQcial position of the Intendente ?— A. In what way? . . . ., ^ j., Q. What is his duty?— A, I suppose it is somethl^g similar to the Mayor of San Francisco. „ . , ■ Q. He is the chief ofBcer of the town?— A. He is the representative of the President and the Government, Q. What was his name?— A. Mr. Arlaguy, I think. Q Mr Wessel, I wish to ask you if the feeling at Chile, when you came away, or Valparaiso, was of the friendly character which you have before described, why it was indiscreet to allow these sailors to go ashore even conceding the alleged conduct on the part of the Adrai- j.^1^ j^ I ^iu tell you. The Admiral ought to have known that after the'triumph of the Congressional Party, which was composed of sail- ors of the Navy, when they came over and took possession of Valpa- raiso that aU those men were at liberty to go ashore, and thinking they had l^een told upon in regard to what they had been ^omg, those men could not be expected to feel very well towards others, in those first 664 RELATIONS WITH CHILE. days. That is why I consider it was not wise for them to have allowed so many sailors to have gone ashore. Q. AtthattiHiethere was abad feeling towards the Americans?— A. Yes sir, amongst the sailors. Q. Do you not think that the Chilean officials would have been influ- enced by that conduct on the part of the Admiral, as much as other classes of the population ?— A. 'So sir, not to the extent of inducing: the Chilean, sailors to commit the outrages they are accused of. Q. Even if they did not induce them to commit the outrages, do you think they took the proper and effective steps to prevent anything hap- pening, and to punish them? — A. I believe they did, I feel certain that steps are being taken all the time to punish those men who are liable to be punished for their acts. Q. Do you think that the unfriendly feeling, in whatever class of peo- ple it might have existed, had at all become allayed at the time you left Valparaiso to come here? — A. Undoubtedly. Everything has quieted down since the first days. As I say when I left Valparaiso, everything- was completely quiet. Q. Are you acquainted with the Judge of the Criminal Court at Val- paraiso? A. No sir, I only knew him by sight. Q. Were you personally acquainted with the Intendente? — A. Yes sir, I know him personally. He is onTe of the most respected and emi- nent men in Chile. He is one of bur first lawyers there. P. M. Wessel. State of California, City and County of San Francisco, ss: I, Clement Bennett, a Notary Public in and for said City and County, do hereby certify that the witnesses in the foregoing depositions named, were by me duly sworn to testify the truth, the whole truth, and nothing but the truth; that said depositions were taken at the times and places mentioned in the annexed depositions, in part on board the steamship " Keweenaw," and in part at the of&ce of the United States Attorney, for the Northern District of California, in the City and County of San Francisco, in the State of California; that said depositions were reduced to writiilg by me, and, when completed, were by me carefaUy read to said witnesses, and beiag by them corrected, were by them subscribed in my presence. In witness whereof, I have hereunto subscribed my name and af&xed my seal of ofi&ce, this 28th day of December, A. D. 1891. [l. s.] Clement Bennett, Notary Public.