United States. Congress. Senate. Committee on Fore.

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Mr. Foster. No, because we will come to that in answer to another

The Witness. I referred him to that correspondence.

The Chairman. Shall I have the letters you first introduced this
morning placed on file f

Mr. Kennedy. That has not bf'en done 5 but they will be kept subject
to the inspection of counsel or the committee at any time.

The Chairman. In case other members of the committee might wish
to see them.

By Mr. Foster :

Q. I continue to read \

I knowy too, that a Mexican citizeDi whose name is Francisco Torres, and who is
now, and has been for the the past year and more, the occupant of said haciendas and
mining property and machinery of said company, claims ownership of the same ; and
that he works the mines of claimant sncoessfuUy, by '' Patio'' process, a part of them
ander a *' denouncement " made of the " Rosario'' mine in the name of one Granger, an
Englishman ; and although the denouncement is said to legally cover only one of the
principal mines of said company, ** £1 Rosarlo," which is probably the richest and
most valuable of them all, ne, nevertheless, works some of the other mines ot said
company in '* Bonanza,'' and claims to own them all, as he told me when I was there,
but a few months ago.

Please state whether that answer is correctly given as you testified
at Mazatlan T

The Witness. That is in reply to question 6.

Mr. Foster. Yes ; so far as I have read. Did you testify to anything
as to the denouncement of the Rosario mine by Granger t

A. I believe I did. A mine in Mexico, when it is not worked, is sub-
ject to denouncement, and I knew that people had denounced it; but
I don't think that they ever did much of it, and if they did it was only
with loss to themselves.

Q. Did you testify that the Bosario was probably the richest and most
valuable of all the mines T — ^A. No, sir; I never did.

Q. Did you know anything about the value of the Bosario mine t —
A. Only from tradition, that a great deal of ore had been taken out of it.

Q. But as to its then present condition, I mean at that time t — A. I
knew nothing about it, sir.

Q. Did you state that he ^^ nevertheless works some of the other mines
of said company in bonanza F — A. No, sir; I didn't testify that any
mines were ever worked in bonanza when I was there.

Q. You made no such statement to General Adams t — A. No, sir.

By the Chairman :

Q. What is meant by the phrase working a mine in bonanza t — A.
The consolidated Virginia mines on the Oomstock were worked in bo-
nanza by Flood and O'Brien.

Q. What is the signification of the phrase t — A. It means that they
are paying, paying handsomely.

S. Doc. 231. ptii ^

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By Mr. Foster :

Q. In large quantities t — A. Yes, sir.

Q* Why did yon mention the Flood and O'Brien mines being worked
in bonanza as an illustration f — A. Because they were yielding very rich
results. They had rich ores in abundance.

Q. I proceed to read :

I know that parts of the stamp-miU and machmer^ of 'La Abra'' Company have
been taken away from the company's works at Tayoltita, and that the same are now
in nse, and have been for two or three years past, by other mines and mining com-
panies in distant places, some of them as far as three days' ride ftom Tayoltita. I
know that a Mr. Hapgood, of Bnena Vista, has a part of the claimant's mining tools
and machinery.

Q. Did you make any such statement as that in regard to Mr. Hap-
good t — ^A. I might have made it, for this reason, that everybody who
wanted any pieces of machinery went there and helped themselves.
There was nobody to prevent them.

Q. I continue to read :

Mr. Hapgood has in use at his works in Bnena Vista a "Jack-screw," a large pair of
scales, and many other things taken A*om said claimant at Tayoltita, and sold to him,
as he told me, at a mere nominal yalne, by unanthorized persons. I visited Bnena
Vista in Jane last, where I saw and recognized those articles in use, and was told by
Mr. Hapgood that he had been using them for his mining operations there for the

gasttwo years or more, and that they came from claimant's nacienda at Tayoltitia.
inena Vista is abont two days' ride, and for packing machinery it is three to four
days' travel from Bnena Vista to Tayoltita.

Is that substantially your statement given at that mine t

The V7ITNBSS. Where is that ?

Mr. Foster. That is on page 402.

The Witness. No, sir ; and I did not recognize any of the articles.
Mr. Hapgood told me that be bad bought of different parties, and Gran-
ger also told me that he had sold a number of things belonging to the

Q. Did Mr. Hapgood tell you firom whom he bought them T — A. No,
sir; bu Granger told me that he bad sold different pieces of machineiy
to different people, and that he had to do it to support himself.

Q. I continue the reading:

I know that the *' retort " beloDging to that stamp-mill, and without which the whole
mill is completely crippled for use, was taken from the ** La Abra Company's works
at Tayoltita, and it is now in use by a Mexican citizen named Juan Cuevas, who
works the same in the mineral district of Huahuapa, at a place called ** Haahuapa,"
abont three days by pack mules from Tayoltita.

A. No, sir; I took the retorts myself.

Q. Did you make any such statement to General Adams t — A. No,
sir ; I did not. I knew there was a small district called Huahuapa ;
but 1 took the two retorts out of that hacienda myself and packed them
over to San Dimas, and put them up and used them.

By the Chairman :
Q. I understand you to state that you did not make the statement
as there recorded in that statement that General Foster is reading
from f — A. No, sir ; 1 did not.

By Mr. Foster :

Q.. (Beading:)

Said Cuevas has many other valuable parts of said machinery, or the iron taken
from the same, together with large numbers of claimant's mining tools, which I saw
there myself, and recognized as the property of claimant, adjusted to other machinery
belonging to said Cuevas and in use. This was in or about the month of Peoember,

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Does that agree with your statement as made t- A. That was toward
the end of 1871 ; yes, sir.
Q. (Keading:)

I spoke to said Caevas aboot the matter, as I had to Mr. Hapgood, and be said it
was uie property of claimant.

A. That is false.

Q. You made no such statement t — A. That is falsa

Q. State more explicitly its false character. — A. It says here that 1
spoke to said Ouevas about the matter. I did not know Cuevas.

Q. You had no conversation with himf — A. None. It also reads

And he also told me he had boaght it of some one at a mere nominal price, and
considered himself, he said, very fortunate, in getting hold of snch machinery so

By the Chairman :
Q. You deny having said that f — A. That is false. I never was in
Huahuapa; so I couldn't say it.

By Mr. Foster :

Q. Did you state to General Adams, in answer to his question, that
you recognized any of the property belonging to La A bra Company in
Cuevaa's possession t — A. No, sir.

Q. (Reading:)

I know of a nnmber of thousand dollars' worth of said machinery and tools taken
from the stamp-mill and hacienda of claimaut and now in use in San Dimas, and in a
number of mineral districts adjoining the San Dimas district, and the same scattered
over a territory of a hundred and fifty miles sqnare, more or less, a part of which has
been in use three years or more, and probably much of said machinery and tools worn
out or nearly so.

How far does that conform to your answers as given to Oeneral
Adams ? — A. That does not conform to my answers. The common re-
port was that this machinery had been taken by whoever wished it ; it
was there as abandoned, and I went over with my head machinist and
head carpenter and four or five of my best men, and we looked over the
hacienda, and we helped ourselves to such things as we wished ; and
in correspondence with the judge I said that I was responsible for them
and I would pay whoever came forward and demanded payment ; and
I signed my name to that offer to pay whoever came forward ; I didnt
care whether it was the Mexican Government or the company or any

Q. I continue to read :

I also know of other parts of said machinery belonging to ** La Abra Silver Mining
Company/' at Tayoltita, havrcK been sold to the company of which I am superintend-
ent and for which we are now held responsible for its appraised valne by the judge
of first instance in the district of San Dimas. with the privilege of using it all until
called for, at an appraised valne for the use oi the same. After making some inquiries
in reference to the real ownership I heard, bj common report in t^e district, that no
individual bad a right to sell and dispose of ^id property of claimant, but that its
ownership was reaUy with the Mexican Goyemment ; that a suit was pending before
the Joint Commission of the two Governments^ for reclamation, at Washington, and
that the acts of the local aothorities in compelling claimant to abandon its mining
enterprise, it was claimed, had given the real ownership of said property to the Mex-
ican Government. Last spring or summer I found out the mistake made in buying
some parts of the machinery of claimant from the wrong parties ; I received a note
from Judge Cipriano Qniros, the highest Judicial authority in the district of San
Dimas, last snmmer or spring, asking me to call upon him at his court-room in San
Dimas, and settle the mattor referred to with him. I oaUed as requested, and the
said Jndge then told me that only Mexican authorities could exercise any control over
the said mines, stamp-mill, macninery, and other property abandoned by ** La Abra

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Silver Mining Company/' at Tayoltita, and instructed me that the said porohaae
made of the tools and machinery named, and then in use by my company , was all
right, if I would settle the matter with him, as representative of the Government of
Mexico, for the value of said property ; and as I was superintendent of the Duraneo
Company, he said he was district judge — representing the Gk>vemment of Mexico in
this matter, could dispose of said property to me, by Tease, or b^ sale, as he had, he
said, received recent instructions on that point urom the authorities of the Supreme
Government. Finally, our interview end^ by the sale or lease of said property,
for use by my company— the Durango Silver Mining Company— and he. Judge
Quiros, made out to me, and he signed a written authority for me to take down and
use for the benefit of my said company, all of the machinery left there, including the
stamp-mill of claimant at Tayoltita, and to put it in use at San Dimas, making me
responsible to him or to the Mexican Government for the appraised value of the same,
or for its return to Mexican authorities bv paying the use of it, to be appraised also.
I cannot remember the exact language of the lease or sale ; but this is the substance
of it. He explained, at the same tmie, that in case said "Abra Company'* should get
a Judgment against Mexico, as it seemed Ukelj they would do before said Joint Com>
jnission at Washington, that said mines, hacienda, machinery, and stamp-mill then
'becomes the property of Mexico, and that it was, he said, his business, as district
judge, to look out only for the Interests of Mexico, and to secure, as nearly as possible,
the value of said machinery and stamp-mill for the Government. He executed the
lease, or paper obligation, authorizing me to take from Tayoltita such parts of said
mining property as my company desired, or all that was left of said stamp-mill and
machinery, if I wished it all, and to remove the same to San Dimas for use by the
Durango Company ; and he authorized me also to keep and make use of the parts of
said machinery and tools which I had bought of Irresponsible or unauthorized parties,
holding me responsible to him— Judge Quiros— or Mexico, for the appraised value of
that abo, or for the value or its use as I might elect. I have a part of said machin-
ery, so leased to me, in use now at San Dimas, and I intend to remove the balance of
said stamp-mill, and all that remains of the tnachinery and mining tools uf said **Abra
Company '' to San Dimas, or to such other place in that district as may be must prof-
itable to my company, in order to work said mill and machinery under the lease, or
written obligation referred to by and between said district judge and myself, to have
the privilege of paying to Mexico the appraised value, and owning the same, or of
paying Mexico for the use of said stamp«mill, tools, and machinery, and of turning
over to the Mexican Government the same again when said suit shall be decided by
the Commission at Washington. I do not remember now the exact language of said
sale or lease, for I have not seen it since the day it was taken, but I have stated its
substance correctly.

Now, I will ask you to state how far what I have just read conforms
with the statement by yoa to General Adams at Mazatlan. — A. My
answer was in my letter to the jadge, and the jadge^s reply to me, and
I also said that I would be responsible to whoever should turn up as

By the Chairman :

Q. Have you those letters f — A. No ; I have not.

Q. Did yon furnish them on that occasion to General Adams, or copies
of them T — A. He had them with him, or copies of them.

Q. The answer you gave was what you had embodied in those let-
ters! — A. Yes, sir; they are the letters and the answers.

Q. Then do I understand you to say that the statement made here is
not correct f — A. It is made out of whole cloth.

By Mr. Foster:

Q. That is, it is alto^i^ether incorrect T — A. Tes, sir ; it is made out of
whole cloth.

Q. Did you over state to Adams that the ownership of this property
left by La Abra Company was really with the Mexican Government f —
A. No, sir; because I didn't know with whom it was left.

Q. Did you ever state to him that a suit was pending before the joint
commission of the two Governments for reclamation at Washington, and
that the acts of the local authorities in compelling claimant to abandon
its mining enterprise, it was claimed, had given the real ownership of
said property to the Mexican Government f Did you ever make any

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sach statement as that to Adams t — A. No, sir ; I never did. I did not
know anything about it. I knew that there was a controversy, and I
had heard it bandied about by both sides. But I did not know who
were the partisans, and therefore I did not know, and I did not care.
I wanted that machinery to start my enterprise, and took it and gave
documents for it.

Q. Did Judge Quiroz ever make any claim to you of ownership of
that property or the control of.it by the Mexican authorities as the
owner of itt — A. No, sir; he did not. He claimed the right of pro-
tecting the property against being pillaged.

Q. I now read from House Executive Document No. 274, Forty-
ninth Congress, first session, page 112. I propose to read your appU-
cation to the judge and his answer:

Charles B. Dahlgrbn, reeident of this mining district and general administrator
of the American company entitled Darango Mining Company of New York, appears
before yoa, making faithful and legal manifestation that being in need for his ma-
chinery used in the reduction of ores, of an iron wheel belonging to the machinerjr of-
La Abra Mining Company of Tayoltita, and which has been abandoned, he is going
to dispose of said wheel, as also of its attachments. On making known to yon what
he intends to do, it is with the object that note of it be taken by the court in voor
worthy charge, so an to make it public, and that the value thereof be charged to him,
to which effect he makes the necessary protestations to pay what he will be made re-
sponsible for either by a cash payment or by the return of said wheel.
• He requests your honor to be pleased to keep this petition in your court for his le-
sponsibility at all times, and publish it, should you think necessary to do it.

Charles B. Dahlorek,
Administrator of the Durango Mining Compann of New York,

San Ddcas, May twenty-third , eighteen hundred and eeventy-two.

Court of the first instance of San Dimas.
May twenty-third^ eighteen hundred and seventy-two.

The above petition having been presented, the undersigned judge, taking into con-
sideration that La Abra Company referred to has filed a claim against the Mexican
Republic, this court does not. authorize the petitioner, Mr. Charles B. Dahlgren, to
dispose of the wheel above mentioned, and if^he does it it will be under his own re-
sponsibility^ to which end let this order be published and posted in prominent places
of this district. This order is to be made known to Bir. Daiilgren for bis information.
The undersigned judge so decreed, ordered, and signed before the witnesses.

C1PRL4NO Quiroz de La O.

£. Padilla.
NiCANOR Perez.

On the same date the citizen Charles B. Dahlgren was notified of the above order,
and said that he heard it. He signed it in the presence of the witnesses.

Charles B. Dahlgren.
Witnesses : Ciprlano Quiros de La O.

£. Padilla.
M. Cordova.

How does this correspondence which I have jnst read conform to yoar
recollection of what occurred at that time t — ^A. That is correct ; that is
the correspondence which ensued.

Mr. Kennedy. Can yon not read on, Mr. Foster, so as to make the
record complete and show that testimony was taken and that an order
was made! Yon will find it there.

Mr. Foster. Yes; I will if you desire. I continue the reading :

On the thirty-first of May, eighteen hundred and seven ty-seven. by judicial order
of this date a legalized copy was taken of this docoment, as also of the testimony re-
lating thereto.
In witness whereof:

FxLiPB Salcedo.
£. Padilla.


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Q. I continae to read qaestion 6 from the deposition already cited :

Question 6th. Did said Jndee Quiros reoeive ftom yoa any mone^, or other thing
of yaloe, for exeoating said btll of sale, or paper obligation, anthoriziog yoa to take
down and make use of said company's stamp-mill, to<UB, and machinery T

Ans. Yes ; I sent him a present of twenty dollars in money, and I also sent him a
week's rations for himself and his employ^, which he received.

State whether that conforms to the answer yoa gave to General
Adams at Mazatlan t — ^A. No, sir ; I never said that ; I never had any
business transactions with Jndge Qniros ; I never paid him any money ;
and I never sent bim any rations for himself or employes; never in the
five years that I was there.

Q. Was any sach question as that asked yon by General Adams at
Mazatlan t Did he ask yon that or any similar qaestion f — A. I don't
know ; I don't recollect ; I don't think he did, becaase he was very
tender-footed in approaching me on the money qaestion.

By Mr. Wilson :
Q. Who was very tender-footed T — A. General A. W. Adams. I had
seen some of his transactions there, and I did not sanction them, and
he held aloof abont asking aboat any of my transactions at all.

By the Chairman :
Q. Do yon refer to transactions in connection with this business t — .
A. Yes, sir ; in regard to this business.

Q. I continue the reading :

Question 7th. Will yoa now please present to the consul the written obligation, re-
ferred to as having been executed by Judge Quiros, selling or leasing for use said
property of claimant, in order that a certifi^ copy may be taken by the consul, and
filed with this deposition at Washington f

Ans. It is not possible for me to present that paper called for by the question, be-
cause I did not bring it with me, as I would have done if I had known that it would
have been required; or had I anticipated this examination, of which I had no knowl-
edge or intimation until I was notified to appear here for examination. I left that
paper with the other papers of the Durango Mining Company, of which I am superin-
tendent, all in charge of Dr. Stoeck, in my absence, and it would be impossible for
me to produce the paper, as it is in the mountains, about two hundred miles from this
place, and it would require, probably, a month to produce it here, if indeed It could
be done At all, as the rebels have taken Mazatlan, and the entire road to the district
of San Dimas, Unce I came down here and from the present political excitement and
uncertainty, I can not say when I may find it convenient or fiofe to return, as my feel-
ings and views are known to be in favor of the Qovemment, or constituted authori-

Please state how far that answer, as read, conforms to any statement
you made on that subject at Mazatlan. — A. That name Dr. Stoeck
should be spelled Storch. I do not recollect as to the rest of the an-
swer except the last part of it. It says:

I can not say when I may find it convenient or safe to return, as my feelings and
views are known to be in favor of the Qovemment, or constituted authorities.

I returned that same day. That story is absolutely manufactured,
for I returned that same day.

By Mr. Wilson :

Q. Beturaed where f — A. Up into the mountains of San Dimas from

By Mr. Fosteb :
Q. Do you remember of his saying anything in regard to a paper of
that character? — A. Yes, sir ; I do.

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Q. I will finish the answer :

I was fifteen days coming from San Dimas to Mazatlan, including delays and hin-
drances occasioned by political disturbances.

How far does that conform to your recollection of what you said t —
A. (Referring to memorandum book.) I started on Monday, August
19, 1 872, and I reached Mazatlau on Tuesday, September 3, 1872. That
was on the 15th day I got in.

Q. 1 continue the resuiiug :

Question 8th. Did the attorney of *'La Abra" Company, or other person, request
you to come to Mazatlan and give this deposition, or was the giving of your testi-
mony in this case suggested to your mind, or thought of by yon, before you arrived
in Mazatlan t

Ans. This question is answered by my reply to one of the foregoing qnestions. I
think I have said that I knew nothing of the purpose of the attorney for ** La Abra
Company '' to have me examined, until notified m writing by the consul to appear
and l>e examined in the case; nor had I the remotest idea of it. I came here with
my sick wife and family, to get them on board the steamer for New York, and also to
purchase supplies for tne Durango Company.

A. That is correct except that Adams himself asked me if I would

By Mr. Lines :

Q. You got no notice in writing from the consul t — A. I don't recol-
lect of any.

Q. You do not recollect getting a subpoena! — ^A. No; but in general
effect that is correct. When I came down to Mazatlau I did not know
that I was going to remain. I did not know that Adams was there, and
it was not until I met him and he asked me if I would testify that I
consented to remain for that purpose.

By Mr. Foster :

Q. You have no recollection of receiving any written notice or sub-
poena from the consul f — A. No, sir ; I was in the consul's of&ce every
day, and in conversation it may have turned up, but I don't recollect of
any formal papers being served upon me.

Q. 1 continue the reading :

Question 9th. What is the character of the mines owned and worked hy said " Ahra
Company/' at Tayoltita, which you have named, so far as regards their richness of
metaX and supply of the same.

Ans. It is good. They are undoubtedly among the best and most valuable of all
the silver mines of Mexico, and some of them are not unknown to fame for their rich
and abundant productions. I refer more particularly to '*La Abra/' '^ £1 Rosario,"
" La Talpa," and *'£1 Cristo" veins. I should like to own them, and if it were pos-
sible to raise capital to work them, and to secure proper protection from the local
authorities, which I think improbable, if not impossible; in Tayoltlta, to secure any

Please state how far the answer which I have read conforms to the
statement made by you to General Adams at Mazatlau. — A. I can only
say in reply to that tbat that is false in every particular. I could have

Online LibraryUnited States. Congress. Senate. Committee on ForeCompilation of reports of Committee ... 1789-1901, First Congress, first session, to Fifty-sixth Congress, second session .. → online text (page 102 of 156)