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Mr. Kennedy. No, I mean the charges. The report did not say a
thing against General Adams. There was nothing in the report that
bore on General Adams at all, but the report was accompanied with an
appendix in small type from some other previous report that reiterated
those charges. That is all; Mr. Lines.

Mr. Foster. It is well enough to say that this book from which these
documents have been read is a book entitled " Arguments before the
House Committee on Foreign Aflfaire."

Mr. Kennedy. Certainly. I read the title of the book to Mr. Lines.

Mr. Foster. It was not before the Senate.

The Chairman. I do not remember any report that I ever made or
in my consideration of this question that General Adams's official con-
duct had any bearing or was commented upon or referred to in any

Mr. Kennedy. No ; I think there was nothing about General Adams
in the report itself, but I do remember distinctly — and I will show it to
you by and by, if you desire me— I do remember distinctly that in an
appendix to the report these then disproved charges against General
Adams touching his military history were reiterated.

The Chairman. Do you mean that the appendix of the report con-
tained a copy of some previous report made in the House of Representa-

Mr. Kennedy. No, I do not think it was a report in the House of
Representatives. But I do want to say that I never have believed and
had no intention of suggesting here that you or any other Senator
would knowingly print anything about General Adams or anybody else
reflecting on his character without what would be considered satisfactory
proof 5 and my only purpose was to get out of Mr. Lines whether he or
his associates took any pains after these documents were filed with the
House committee — I mean the official reports from the War Depart-
ment and the Third Auditor's office and the certified copies of the courts-
martial — whether Mr. Lines or any of his associates took any pains to
redress the wrong that had been done to this man touching his military
history, which, of course, every soldier regards as precious. That is

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Mr. FoSTEB. It is to be noted that in this investigation we have
taken knowledge of the fact that General Adams is dead, and have not
attempted to look into his record or history in any regard.

Mr. Lines. I should be very glad to make any offer of formal with-
drawal of anything that I have said and am responsible for that tarns
out to have been incorrect.

Mr. Kennedy. Well, every one of the charges against General Adams
affecting his military history is printed in the document entitled " New
Evidence offered by Mexico," and my purpose in asking those questions
was to give you an opportunity to do what I felt sure you would do when
your attention was drawn to the fact that official documents under the
seals of the proper 4lepartments had been filed showing that these charges
were mistaken. Now, I have just one more question to ask Mr. Lines,
and it is this;

Q. Were you the author of the statement in Mexico's "New Evidence ^
that Elder had evidently found a market for his letters and that La
Abra Company had swindled him, as it had its other witnesses, by not
sending him to China? — ^A. I think I am responsible for that, Mr.

Q. Well, in this investigation, have you noticed that instead of the
offer to go to China coming from La Abra Company, the first mention
of the China business was in a letter from Elder to Bartholow ? — A.
The first mention of it that I have seen in this investigation is in one of
those letters.

Q. Yes. — A. Perhaps it is not exactly fair to remind you that that
one of Elder's letters to Bartholow, claimed to be in reply to a letter
from Bartholow to Elder, which letter from Bartholow to Elder we have
not had here. I would like to see it.

Q. It is true the record shows there is a previous letter from Bartho-
low to Elder, but the record shows that no mention was made of the
ofier to go to China until subsequently, and that that letter mentioned
the matter to Bartholow, and asked Bartholow whether he would not
like to take some shares in that China enterprise. — A. Bartholow said
perhaps he would.

Q. Yes ; that is all.

Mr. Foster. Mr. Chairman, I desire to file the certificate of the clerk
of the city and county of New York which I read :

The clerk of the city and county of New York, in the State of New York, will plea«e
search in his office for all annnal reports of the ''La Ahra Silver Mining Company"
filed therein between the 20th day of January, 1868, and the 2lBt day of January,
1877, and certify the result in writing for

Sullivan & Cromwell,
Aity^s at Law, 3 Broad Street, Xew York Citif.

La Abra Silver Mining Company annual report filed Jan'y 2lBt, 1868, and annua
report filed Jan'y 20, 1877.
Nothing else found for the period.
Feb'y 15th, 1889, 9 a. m.
[seal.] Edward F. Reilly,


I desire now to present in evidence for record the letter of the Secre-
tary of State in reply to the application made by the committee for
the list of assignments made by La Abra Silver Mining Company and
the list attached.

The Ghaibman. That can go in.


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It is as follows:

Department of State,

Wcuhington, February 21, 1889.
SiK : In compliaDce with the recjnest contained in year letter of the 11th instant, I
have the honor to inclose herewith a list of assignments made by La Abra Silver
Mining Company to various parties, as they appear on the files of this Department
I have the honor to be, sir, your obedient servant,

T. F. Batard.
Hon. John T. Morgan,

United States Senate,

Lint of assignmente made ly La Ahra Silver Mining Company,

Conditional assignment by Alonzo W. Adams (dated Dec. 13, 1871) to Wed worth
Wadsworth of tV of his interest (one-third) in this award to secure notes of |2,000
and interest. Endorsed on this assignment is a transfer of interest by Wadsworth
to Henry C. Hepburn. (Filed in Dept. January 25, 1879.)

Note. — This assignment has been satisfied so far as the Department is concerned.

Agreement between Sumner Stow Ely, A. W. Adams, and Geo. H. Williams (dated
Oct. 9, 1879), whereby Mr. Williams is to receive $16,000; $8,326.50 out of Ist and 2d
installments and balance pro rata out of subsequent installments. (Filed in Dept.
Oct. 18, 1879.)

Assignment by La Abra Mining Co. (dated Feb'y 4, 1881) to Charles T. Parry and
Joseph Hopkiuson of $4,400; $1,257.20 to be paid out of third installment and $:n4.28
ont of each of ten succeeding installments commencing with the fifth. (Filed in Dept.
FeVy 5, 1881.)

Decree of supreme court of D. C. (dated Jan'y 21, 1881), that $15,000 shall be paid
cat of 4th installment, as follows:

F. P. Stanton $3,333.33; T. W. Hartley $3,333,33 ; W. W. Boyce $3,333.33; A. W.
Adams $5,000.00. (Filed in Dept. Jan'y 25, 1881.)

Assignment by La Abra Co. to Cyrus C. Camp (dated May 6, 1880) of $10,000, to be
taken in 11 payments of $909.10 each. (Filed Sept. 14. 1880.)

Assignment by La Abra Co. to Sbellabarcer and Wilson (dated Feb*y 4, 18;^1) of
$5,266; $2,633 to be paid out of the 5th installment and $2,633 out of the 6th install-
ment. (Filed FebV 8, 1881.)

Assignment by La Abra Co. to W. W. Boyce (dated Feb*y 5, 1881) of $8,666, to be
paid pro rata. (Filed Feb'y 8, 1^81 . )

Assignment bv La Abra Co. to Thomas W. Bartley (dated FeVy 5, 1881) of $6,166.66,
to be paid pro rata. (Filed Feb'y 8, 1881.)

Assignment by La Abra Co. to Frederick P. Stanton (dated Feb'y 5, 1881) of $6,166.66,
to be paid pro rata. (Filed Feb'y 8, 1881)

Assignment by La Abra Co. to Thomas W. Bartley (dated Nov. 23, 1881) of $2,500
out of the 5th installment and $833.33 out of each of the succeeding eight installments.
(FUed in Dept. Nov. 25, 1881 )

Assignment by La Abra Co. to Frederick P. Stanton, same as above to Bartley.
(Filed Nov. 25, 1881.)

Assignment by La Abra Co. to George Ticknor Curtis of $850 ; this assignment is
conditional. (Filed June .30, 1884.)

Assignment by La Abra Co. to John H. Rice (dated Jan'y 10, 1883) of $3,857.15, pay-
able in sums of $428.27 oat of each installment, commencing with the 6th. (Filed
Feby. 26, 1886. ;

Assignment by La Abra Co. to George Tickner Curtis (dated May 29, 1885) of $1,650,
on same terms as previous assignment. (Filed April 29, 1886.)

Conditional assignment by A. W. Adams to Shellabarger & Wilson (dated May 12,
1881) of $5,000, to be paid out of the 6th installment, (Filed Sept. 23, 1886.)

Assignment by La Abra Co. to Eugene Jones (dated June 29, 1880) of $34,000, to be
paid in eleven equal installments. Mr. Jones admits having received $6,181.80 on this
account. (Filed Mch. 28, 1887.)

Assignment by La Abra Co. to Shellabarger ds Wilson (dated March 5, 1887) of
$3,333.34, to be paid out of 6th installment. (Filed April 1, 1887.)

Conditional assignment by Alonzo W. Adams to Crammond Kennedy (dated May
20, 1886) of $2,500. (Filed April 2. 1887.)

KoTE. — Mr. Kennedy claims that the foregoing amount has been increased to
$5,000, but no agreement to that effect has been fil^ in the dept.

The committee adjourned uutil Monday, Febraary 25, at 10 a. m.

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Senate op the United States,
Committee on Foreign Relations,
Washington^ B. 0., February 25, 1889.

The committee met pursuant to adjoarnment.

Present: Senator Morgan (chairman), Hon. John W. Foster, and
Robert B. Lines, counsel for the Government of Mexico: and Mr. Gram-
mond Kennedy, of counsel for La Abra Silver Mining Company.

Mr. B^ENNEDY. Mr. Chairman, I have a note from Shellabarger &
Wilson's office saying that Mr. Ely is in town and that Judge Wilson
would like to examine him. Mr. Wilson is in court this morning, and I
request that you will have the goodness to appoint to-morrow, or any
other time, for the examination of Mr. Ely.

The Chairman. I can not do that, Mr. Kennedy. Mr. Ely has had
all the opportunity that it is possible to give any person. He is sum-
moned to-day for 10 o'clock, and I will not delay this investigation any
longer. Is Weed here f

Mr. Kennedy. No; I called at the Sergeant-at- Arms' office this morn-
ing to see the young man who has charge of the subpoenas, but he was
not in.

The Chairman. I can not stop the business for that.

Mr. Kennedy. Now, I have a formal motion to make that I want to
go on the record. This motion^ Mr. Chairman, if it please you, is to
have a subpoena for Domingo Danglada [presenting telegram from

The Chairman. Mr. Foster, are you prepared to admit that that
man would swear to what is contained in these telegrams, taking them
in consecutive order, to explain the situation, as if he was here f

Mr. Foster. That is, he would confirm Sisson's testimony on that

The Chairman. No; that he would swear to just what is there, tak-
ing the telegrams just as they appear, the telegram inviting the answer
and then the answer; that he would swear to the statements made

Mr. Foster. Well, suppose we ask the chairman, if we should decline
to admit that, would it involve a postponement of this investigation —
the adjournment of this investigation ?

The Chairman. It would involve, in my opinion, the order of a sub-
poena for that man to come here. I think it would. 1 shall insist that
we shall make a report of progress in this case and take the advice of
the general committee as to whether it is necessary to go any further
or not : but as to the testimony of this particular witness, he has been
located at last, although there is delay about it and all that; I think the
other side has the right to the benefit of the statement that he may
make, that Dahlgren was there and signed that paper after the deposi*
tion had been written up. You do not admit the fact; you admit he
would swear to it if he were here!

Mr. Kennedy. Uf course; that is all your admission means.

Mr. Lines. My suggestion to General Foster is — of course this has
taken us by surprise — that this matter be postponed until later in the
day, when we can probably have Mr. Sisson's testimony in print.

The Chairman. I will not postpone it. I declined to postpone it on
account of Mr. Ely. I must close this matter up, and have some time
to devote to my own business.

Mr. Foster. May 1 ask, Mr. Kennedy, have you any witnesses to ap-
pear nowf

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Mr. Kennedy. Yes ; there is Mr. William S. Weed.

Mr. Lines. We shall have Sisson's testimony very soon. I think, in

The Chairman. Where is Mr. Weed f

Mr. Kennedy. You remember we spoke about it on Saturday

Mr. Foster. We will decide this question before ^you are ready to

The Chairman. I am ready now. If there is no witness now ready
to be put on the stand I shall close this examination.

Mr. ElENNEDY. There is one witness, and I am not sure whether you
will allow me to put him on the stand.

The Chairman. Who is that?

Mr. Kennedy. I shall be satisfied, Mr. Chairman, if you will allow
me to put in an offer of proof by Representative Ketcham and Gt. H.
Warner, of the Post-Office Department, to the good reputation of
ex-consul Isaac Sisson for truth and veracity in the community where he

Mr. Foster. Well, fix the location, the place.

Mr. Kennedy. At Litbgow, in the town of Washington, Dutchess
County, New York.

The Chairman. Now the offer made by Mr. Kennedy can go upon
the record, but the committee do not consider that the case is in that
situation where it is necessary or proper to bring in testimony to sup-
port the character of Mr. 8isson. It opens an inquiry that might pro-
duce a good deal of expense and delay, and it really is not made neces-
sary by the fact that the Government of the United States requested
Mr. Sisson's resignation as consul, and that he resigned.

Mr. Kennedy. Well, have you any objection to saying what you
said a moment ago, that that fact in no way impeaches in the judgment
of the committee the reputation of Sisson for truth and veracity ?

The Chairman. I will say, that it may go in the record, that it does
not impeach, in the judgment of the committee, as legal evidence, the
reputation of Sisson for truth and veracity. The committee, however,
have a right to keep in mind Mr. Sisson's personal bearing upon this
investigation and all other facts that produced legitimate impressions
upon their minds.

Mr. Foster. Is there anything else, Mr. Kennedy?

Mr. Kennedy. Yes, I have another offer of testimony that I want to
make in a somewhat formal manner. I would like it to go on the record
if the chairman has no objection.

The Chairman. Let me hear what it is first.

Mr. Kennedy. It is affidavits in regard to the conduct of Alfred A.
Green in his employment to obtain testimony for the Mexican Govern-

The Chairman. The committee do not feel authorized under the
orders of the Senate to admit ex parte affidavits in this investigation, ob-
jections having been made on both sides to any other than strictly legal
testimony in this case.

Mr. Kennedy. I want to ask the chairman if he will not give us a
hearing for Mr. Ely at the same time that we have Weed here; whether
he will fix an hour to-day ?

The Chairman. I can not do it.

Mr. Kennedy. For Ely's examination 1

The Chairman. I can not do it. My time is due to my own constitu-
ency in some sense, and I have been spending days and days together

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waiting upon counsel and the movements of Mr. Ely, and now that he
is in Washington he deliberately keeps away from the committee.

Mr. Kennedy. But I stated the reason.

The Chairman. Well, Mr. Ely's private business or Judge Wilson's
private business can not either answer tiie demands of justice or the
demands the public business makes upon this committee.

Mr. KlENNEDY. Judge Wilson, I ought to say, anticipated that Weed's
examination, and these motions, and the examination of the two wit-
nesses to prove Sisson's good reputation, would take up all the time
that you could spare to this case this forenoon, and he told me to ask
you to appoint a day that would suit your convenience, and if a day
other than to-day would not suit your convenience, then I was to ask
you to appoint an hour to-day that would suit your convenience.

The Chairman. Well, there is no hour to-day or any other day that
would suit my convenience, except the time assigned by this committee
and which they pay no attention to.

Mr. Foster. K you are now prepared to adjourn f

The Chairman. I am.

Mr. Foster. Before you adjourn we will answer the opposition that
we reluctantly, and in order to avoid any excuse for further delay in
this investigation, will admit that Danglada, if present, would swear
to this statement contained in the telegrams.

The Chairman. I will read it. Shellabarger & Wilson, counsel of
La Abra Silver- Mining Company, sent a dispatch addressed to Domingo
Danglada, at Mazatlan, Mexico, dated February 21, 1889, at Washing-
ton, D. C, as follows :

Dahlgren swears he did not siga his deposition taken September, 1872, before Sis-
son, about La Abra claim, but signed a blank sheet of paper. Sisson swears that
Dahlgren signed said deposition when fully written out^nd that it was read to Dahl-
gren by Pe&a in your presence, and you tied it up. Which is the truth f Wire at
our expense.

Shellabarger & Wilson.

Via Galveston, February 23, 1889. dated Mazatlan, 23.

Shellebaroer, R. J. Wilson, JVash^fij D. C. :
Sisson is correct. Dahlgren signed deposition when fully written out.

D. Danglada.

It is admitted by the counsel for Mexico that if D. Danglada were
here he would swear that he received the telegram above copied and
made the answer above copied and would swear that:

Sisson is correct. Dahlgren signed deposition when fully written out.

Is there any further testimony, gentlemen!

Mr. Kennedy. Will you allow me to have it on record that at there-
quest of Judge Wilson I ofi'ered to produce Mr. Ely here at any hour
to-day or to-morrow that would suit your convenience f

The Chairman. Yes ; with the statement that this committee met to-
day after due notice at 10 o'clock for the purpose of hearing the wi^
ness. Mr. Ely is in town, has not appeared, and has sent no other
excuse for his non-appearance than the fact that Mr. Wilson desired to
examine him, Mr. Kennedy being present and considered by the com-
mittee quite competent to conduct this examination.

Mr. B^ENNEDY. Now, Mr. Chairman, what will you do about Mr-
Weed ! It certainly is not our fault that he is not here.

The Chairman. Well, it is not ours, or mine, rather. I have done all
I could to get him here.

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Mr. Lines. To that statement we perhaps might add that it is not
our fault.

Mr Kennedy. I do not mean to intimate that it is anybody's fault.

The Chairman. This examination is now concluded so far as the
subcommittee is concerned until further directed by the general com-
mittee. I will take this case before the general committee on Wednes-

The committee adjourned.

United States Senate,
Committee on Foreign Kelations,

Washington, D. C, February 27, 1889.
The committee met pursuant to call. Present, Senators Morgan
(chairman), Dolph, and Brown; Hon. John W. Foster, and Mr. Hubert
B. Lines, counsel for the Government of Mexico, and Crammond Ken-
nedy, esq., of counsel for La Abra Company.


SxJMNEB Stow Ely, sworn and examined.
By Mr. Kennedy:

Q. Mr. Ely, state your full name, age, occupation, and residence. —
A. Name, Sumner Stow Ely 5 age, nearly sixty-three; occupation,
lawyer; residence, New York City.

Q- What connection, if any, have you had, and do you now have,
with La Abra Silver Mining Company f — A. I am one of its officers
and a trustee.

Q. What other relation have you held to the company ? — A. I have
been and am still its home attorney in New York — attorney and coun-

Q. For how long f — A. Since the company was organized, in the year

Q. Will you state whether your attention was drawn to certain alleged
letters of Charles H. Exall mentioned in the pamphlet by James E.
Slaughter, and if so whether you did anything and what it was on ac-
count of that matter! — A. My attention was called to it by the petition
itself. One of those was put into my hands here in Washington in
April, 1878, 1 think, when I was here on affairs of the company, and
some legislation was pending with regard to the award of the company
against Mexico. That is the first my attention was ever called to those
letters — the first knowledge I ever had of them. I had never heard of
them ; did not believe in their genuineness or their existence, and I
went immediately over to New York for the purpose of ascertaining
what I could about them, finding all the correspondence of the com-
pany, and to see Mr. Exall himself in regard to it. He was then living
there at that time.

Q. Now proceed to state what was done by you and Mr. Exall in re-
gard to those alleged letters of his. — A. I made all the search I could
for the original correspondence of the company ; not being able to find
it, I then went to see Mr. Exall, and I first inquired of him whether he
had any of the original letters or correspondence between him and the

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company, to which he replied that he had none. I then told him of

Mr. FosxEB. Ton had better wait a moment

The Chairman. Have you an objection f

Mr. FosTEU. We have to any statement made by Exall ; anything
that Exall did will be proper.

The Witness. I then told him of these letters.

The Chairman. Mr. Kennedy, do you wish to call out now the conver-
sation between Exall and Ely !

Mr. Kennedy. So far as it is connected with the affidavit that we
desire to prove by this witness as having been made at the time by
Exall, an examined copy of which Mr. Ely has in his possession.

The Chairman. Well, if the conversation relates to the affidavit or
what is contained in the affidavit, had you not better bring the affidavit
forward at once and let us see whether that is competent evidence.

By Mr. Kennedy:

Q. As the result of this interview which you had with Mr. Exall in
New York at that time was any sworn statement or affidavit made by
Exall ? — A. There was, yes. He prepared a statement. He made me
an oral statement, and then 1 asked him to reduce it to writing to the
end that it might be sworn to and to be used here in Washington if the
occasion required it.

Q. Now please state whether he made such a statement and whether
it was sworn to by himf — A. He did reduce it to writing and brought
it to me an«l I went with him to the notary, Mr. McClelland, and he
signed the affidavit, and swore to it before the notary and gave it to me.

Q. Now state what was done with that affidavit of ExalPsf — A. I
brought it with me here to Washington. 1 came back soon after and
brought it with me. I first gave it to Governor Stanton, who was the
* counsel of the company pn record here in Washington. It was not used
here before the House and he subsequently gave it back to me, and in
August, 1882, 1 handed it to Samuel Shellabarger, a lawyer of this city,
who was then one of the counsel of this company, and with him I came
to this committee-room, both coming into the anteroom, and he knock-
ing at this door and it was opened, and he stepped in with the paper in
his hand and almost immediately came out and said he had delivered
it to Senator Pendleton, of the Foreign Relations Committee. That
was on the 5th day of August, 1882.

Q. Will you state whether any search or inquiry has been made by
you for that affidavit since that time; if so, what! — A. Last fall, in
October, when this committee was in session, and I was here attending
it, mention was made to me that the document would become necessary,
and 1 was asked to look it up. I inquired of Mr. Babcock, the clerk
here, if it was with him, and he said it was not; it would not be among
his papers, but I must go to the file clerk or executive clerk for it. 1 went
upstairs to a gentleman who was introduced to me as Mr. Morrow, the
executive clerk, and described the paper that I wanted and asked him
if it was in his office. He said it was not; it was no use for him to look
among his files, it would not be among them any way. The place to go

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 138 of 156)