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while on bin way to tbo company's mines from Mazatlan, with a mule-train of
enppliiM for tbe company, iind the mules and supplies were taken by the soldiers. I
did not set) the .'u^t done, but know that the man was killed, and it was a matter of
common re|H)rt tbat he was killed by the soldiers, and the males and supplies taken
by them, and sometime after tbe act I beard one of the officers of tbe Hepoblican

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army of Mexico boast of having taken fKirt in said act, whose name I can not now xe*
member. He avowed the act, and Jastifled it on the ground that the army of Presi-
dent Jnarez needed the males and supplies, and theie was no other way to obtain
them. In my hearing, some Mexican authorities said that they intended to drive out
all the American mining companies, as they had done with the '*Candelero Com-
pany," and get their mines and property ; they were local anthorities at San Dimas ;
amongst the number, I heard the acting prefect and Judge of the first instance say
so. The same remarks, or similar remartoB as those apphed to the ** Candelero Com-
panvp" and by the same authorities at San Dimss, were made as to the driving out
of * ' La Abra Silver Mining Company." This was in April, 1868. I speak and under-
stand readily the Spanishlanguage, spoken by Mexicans.

Immediately after said expulsion from the mines Mr. Exall left the country, as his
life was not safe there, and the mines and property of the company were abandoned
by the company, and up to the time when I was forced to leave San Dimas, in De-
cember, 186B, said <'La Abra" company had not resumed work.

There was no cause on the part of that company, or its employees, that I knew or
could hear of, for those acts against the company. Mr. Exall, the superintendent,
was a very peaceable, quiet, and law-abiding man.

After the expulsion oi said '* La Abra Company," which I have mentioned, in March,
1868, Mexicans were engaged in carrying off its ores, and it would have been impos-
sible for the company to have returned and continued its mining operations. Any
persistent attempt to do so, I am sure, would have only resulted in the killing of the
superintendent and his officers. My long residence in Mexico, and my ability to con-
verse in the Spani^ language, and the interest which I had taken in the Liberal
cause, and services I had rendered it, ^whioh were well known in the State of Du-
ran^,) enabled me to mingle freely with the inhabitants, and for a long time, and
until a short time before I was driven away from San Dimas, I was regarded bv most
of the Mexicans more as one of them tb»n as a foreigner, and matters were talked of
by the citizens before me as freely as if I had been a native-bom Mexican, and I
know well the state of feeling of the citizens of the State of Durango, and the Mexi-
can authorities, civil and military, against foreigners in general, and citizens of the
United States of America (or Americans, as they were called) in particular, at and
subseouent to the commission of the acts against said *' La Abra Silver Mining Com-
pany," which I have mentioned. It was very bitter, and ended in open hostility and
violence. The report was industriously circulated that the object of the Americans,
and especially '* La Abra Company," was to annex Durango, Siualoa, and other
border States to the United States of America. Such, I know, were not the views or
aims of Mr. Exall, nor of other Americans in charge of neighboring mines, whom I
knew. The report was circulated to inflame the more ignorant classes. The real
object, it was evident, was to set possession of the mines and property of the Ameri-
can companies, and the benefit of their expenditures.
27 On several occasions, in January, February, and March, 1868, in San Dimas

district, I have heard Mexican citizens and authorities say that .they meant to
drive out and kill off all the Americans, and get their mines and property.

This feeling of hatred and hostilitj^ was snared by the military anthorities and
soldiery, and by the local civil authorities, and was encouraged by them. It grew in
intensity and boldness until it culminated in open violence and forcible dispossession
of < * La Abra " and other companies. Several other American companies, besides ' ' La
Abra," were driven off in a simUar way. Any attempt to obtain restitution or pro-
tection from the anthorities was vain, and only increased the personal danger. The
feeling became so general against al 1 foreigners having mines that at last it extended to
me, not withstanding my long residence ana services. I was arrested in said Sa^ Dimas,
by order of Camllo JPerez, Judge of the first instance, on a fictitious charge^ and im-

Erisoned for about thirty days, and when I got my liberty found that my mine ** San
ouis" had been seized, and was in possession of some Mexican citizens and authori-
ties. I applied for redress to the civil authorities at San Dimas, Gabilanos, and at
the capital of the State of Durango, without being able to get any protection or res-
titution of my property. Through the influence of some friendly Mexicans witli
Camllo Perez, he released me.

I went to Durango, the capital, for restitution and protection, but did not find Gov>
emor Palacio, as he had gone to the city of Mexico. I applied to the next in author-
ity, and failed to get from him any protection. In December, 1868, the '^ Jnez de
Paz " of San Dimas, or Justice, summoned before him some of the parties who had
taken possession of my mine and property, and thereupon the demonstration of said
parties became so great and violent, threatening the magistrate for his interferenoe
with them, and to t^e my life if he did me Justice, that the magistrate was over-
awed, and told me that nothing could be done for me and my fHends ; and said Jus-
tice advised me that my life was no longer safe there, which I believed to be the fiiot^
and to save it I left the oountry.
From my knowledge of the feelings of the citizens and anthoiitiea in San Dinuia,

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and the sitnation of affairs there, and from my own case, I am confident that after the
acts against said " La Abra Company/' any effort on the part of said Ezall, or of any
one else for said company, to continue mining oi>erations wonld haye resnlted in hU
or their death by violence. In the foregoing statements, owing to not having my
pai>er8 here, official and unofficial, I am not able to giye the exact dates or names in all
cases, but have given the same according to my best recollection, and have also given
the names of the Mexican officers and authorities, so far as I have known them and
can now remember them.

I am well acquainted with said mines ''La Abra," and with the quantity and rich-
ness of its ores ; the silver ores were abundant, and were rich in silver, and would
yield, in my opinion, from one hundred dollars to two thousand dollars of pure silver
per ton of ore, and in those respects it was reputed to be the second best mine in the
State of Durango. When said '' La Abra Company " was compelled to abandon its
mines and property, as I have stated, it had dug out and ready for reduction a very large
quantity of silver ores — ^in my best judgment — ^more than one thousand tons. This
would have yielded the company over and above the ootit of its reduction, several hun-
dred thousand dollars w<urth of pure silver | firom my knowledge of the ores of
28 that mine, I should sav at least a half a million of dollars. I am well acquainted
with the cost and value of mining labor, materials, stamp-mills, machinery,
constructions, and erections for mining purposes in the State of Durango, and trans-
portation in Mexico in and prior to the year 1868, and, in my opinion, the stamp-mill,
machinery, mining structures and works which I have mentioned aa having been,
and being done by said *' La Abra Company" in January, February, and March, 1868,
were worth, and were of the value of, when said company was compelled to abandon
them in the latter part of March, 1868, not less than three hundred thousand dollars
gold. In my opinion, they must have cost the company that sum, or more. From
my knowledge of mining and of said mines *'La Abra," and of the facilities of said
" La Abra Company " for carry iujc^ on its mining operations, in my Judgment that
company could have taken from its mines silver ores and reduced them to silver to
the value at least of one and one-half millions of dollars, over and above the cost of
mining and reducing the same, between the first day of April, 1868, and the first day
of December, 1869, if said company had been left free from outside interference, and
had not met with more than the usual and ordinary difficulties and obstructions in-
cident to mining in that region.

I have no interest* of any kind or nature, direct, contingent or otherwise, in the
claim of said ''La Abra Silver Mining Company " against the United States of Mexico,
to support which my testimony is now taken and given ; nor am I the agent or attor-
ney of said company or of any person having any iuterest whatever in said claim;
nor have I any prejudice or hostile feelings aeainst the authorities or people of Mex-
ico, but, on the contrary, I still cherish for them a warm feeling of friendship and


Aur. A. Grbsk.

Subscribed and sworn to before me, this 13th day of December, A. D. 1869.
(Signed) Qborgb Q. Barnard, J. 8, C.

United States of America, State op New York,
City and County of New York, $$ :

I,Qeorge G. Barnard, a justice of the supreme court of the State of New York, do
hereby certify, that Alfred A. Green, whose deposition is hereinabove contained, at-
tended before me, on the thirteenth day of December, A. D. 1869, at the county court-
house, in the city of New York, and was publicly and duly swern by me, according to
the laws of the State of New York, to tell the truth, the whole truth, and nothing but
the truth, and thereupon ho deposed and testified as hereinbefore set forth ; that said
deposition was carefally read to said Alfred A. Green by me, and that he thereupon
siflmed the same in my presence.

1 do further certify that said deposition was taken by me in the city of New York,
in the State of New York, in the United States of America ; that I am competent, by
the laws of said State and of the United States, to take depositions; that I have no
interest in the claim to which the testimony of said Alfred A. Green in said deposition
relates, and that I am not the agent or attorney of any person having such interest.

I do further certify that said deposition was reduced to writing by Michael Phillips,
in my presence, who has no interest, and is not the agent or attorney of any person

having an interest in said claim.
29 And I do further certify that I do not know the said Alfred A. Green, but do

know William B. Gorham, who certifies below upon oath to the credibility of
said Alfred A. Green, and I do hereby certify to the credibility of said William B. Gor«

(Signed) Gsobob G. Babnabd,

Ju$Hoe Sup, a.

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United States of America, State op New York,

Citif and County of New Yorkf $$ :
William R. Gorbam, of New York City, being publicly and duly sworn according
to law to tell the tmtb, the whole tratb, and nothing but the tmtli, depoeea and says,
as follows; I reside at No. 135 west 26th street, in the city and State of New York;
I know Alfred A. Green, who has made the foregoing deposition ; that he is a cn)di-
ble witness, and his deposition is entitled to full faith and credit; that I have no in-
terest in the claim to which the foregoing testimony of said Green relates, and that I
am not the agent or attorney of any person having such interest.

(Signed) Wm. B. Gorham.

Subscribed and sworn to before me, this 13th day of December, A. D. 1869.

(Signed) Gbobgk G. Barnard.

Doo. No. 25.

In the matter of ike claim for damagee of La Abra Silver Mining Company ^ againei ike
United Statee of Mexico under the convention between the United Stain of America €Uid
the United States of Mexico ^ of Julyfourth^ one tkoueand eight hundred and eixty-mghty
to be eubmitted on the part of ihe United Statee of America to tke oomimi$9ioner$ ap-
pointed under that convention.

Deposition of George C. Collins, a witness on the part and behalf of eaid ''La Abra
Silver Mining Company," taken before Hon. Calvin £. Pratt, a justice of the su-
preme court of the State of New York. .

Said Gtoorge C. Collins, being duly sworn according to law, deposes and says as fol*
lows, to wit : I am sixty-one years of age ; I was bom in South Uadley, Hampshire
county, Massachusetts; I reside in the city of New York, in the county of New York,
and State of New York, and have resided here since the year 1842.

I am a wholesale tea merchant, doing business in said city of New York, and dur-
ing all the time hereinafter mentioned was such merchant, doing business at said

I am the President of "La Abra Silver Mining Company," and have been since
October 23, 1866. Said company was incorporated November 21, I860, under and pur-
suant to an act of the legislature of the State of New York^ entitled *' An act to autnor-
ize the formation of corporations for manufacturing, mining, mechanical, or chemical
purposes," passed February 17th, 1H48, and the several acts extending and amending
saia act ; and one of the objects for which said company was incorporated was the
mining of argentiferous and other oros in Mexico. The principal office of the com-
pany was and is in the city of New York.

Said company purchased the following-naraed mines and haciendas in Mexico, to
wit : The mines Rosario, La Luz, £1 Cristo, Los Inocentes, 550 feet of the mine
Nuestra Se&ora Guadalupe, 22 equal undivided 24th parts of the mine La Abra, and
the haciendas St. Nicholas and Guadalupe, and the water power appertaining there-
to, all situate at Tayoltita, in the State of Durango, and the mines La Arrayon, £1
Sous and LaTalpa, situate in La Talpa mountain, in the State of Sinaloa; and
30 the following-named mines were denounced by Thomas J. Bartholow, as super-
intendent of and for said company, viz: Sau Felipe, San Antonio, and Bartho-
low, all situate at Tayoltita aforesaid. The said mines situate at Tayoltita were com-
monly known collectively by the name of ^'La Abra Mines." Prior to the purchase
of said mines and property said Bartholow and David J. Garth (both of whom are
stockholders in said company) were sent to Mexico by the parties forming said com-
pany to examine, and if dcsirablo to purchase the same. They purchased them, and
by advice, took the deeds in their own names, though in fact, in trust for said com-
pany : they paid for the same with the means which the company have fumishedy
and they subsequently duly conveyed the same to said company.

All the said mines and haciendas which were purchased by said company, except
the a parts of the mine La Abra, were purchased or and conveyed by Don Juan Castillo
de Yalle and Don Ygnacio Manjarrcs, by deed dated at Mazatlan, September 25, 1865,
for fifty thousand dollars, and said f|th part^ of said mine La Abra, were purchased
of and conveyed by J. V. tlardy, by deed dated at Mazatlan in July, 1865, for tweuty-
two thousana dollars.

Said company obtained from subscriptions for and sales of its stock two hundred
and thirty-five thousand dollars ($235,000), and there have been lent and advanced
to and paid for said company sixty-four thousand two hundred and ninety-one dollars

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and Bix cents (|64,291.06) more, makiniir a total of two hundred and ninety- nine
thousand two hundred and ninety-one dollars and six cents ($299,291.06), and this
amount was expended by said company in the purchase of said mines, as aforesaid,
and in the purchase of supplies, mules, machinery, and a ten-stamp mill, to be used
at said mines, and for transportation of the same, and in the construction and erec-
tion of said mill, machinery, houses, dam, raceway, and mining works generally at
said miDes, and in work upon said mines and the extraction of ores therenrom.

The said company Justly owe for office rent and expenses, salaries of officers, at-
torney and counsel fees, court legal expenses, forty-two thonsand five hundred dol-
lars ($42,500), and that said sums, with interest thereon to September 1st, 1870, amount
to fonr hundred and thirty-seven thousand and sixty dollars and fifby-nine cents

Said company abandoned their said mines, works, silver oies extracted, and prop-
erty, in March, 1868, the same at that time being under the oharee, control, and
supervision of Charles H. Exall, for said company. Upon said abandonment, and in
consequence of it, the stock of said company became wholly valueless, and has so
ever since remained, and the said company have wholly lost the moneys so expended
and owing by said company and the profits which they would have realized from said

Said company has not made any dividend, nor received any returns, nor been reim-
bursed for said expenditures, in whole or in part, and the silver ores which said com-
pany had extracted from their said mines was their reliance for getting back the
moneys so expended and owing by them, said company.

As to the circumstances causing and attending said abandonment, the situation and
oondition of said mines and property of said company at that time, the quantity of
silver ore which the company had then extracted at the mines, and its value and the
quantity and value of silver ore which the said company could thereafter have ex-
tracted, deponent has no knowledge, except what is derived from statements of
others, and the depositions of others made m this matter, which deponent believes

to be true.
31 In the opinion of deponent, the said mines, improvements, and property (ex-

clusive of ores extracted) of said company, at the time of said abandonment
were of the value of about one million of dollars, and that deponent estimates the loss
which said company have sustained by reason of said abandonment, at not less than
three millions of dollars, including therein the value of the ores extracted at the time
of said abandonment, and which might have been thereafter extracted, had said com-
pany been left in the quiet x>ossession of said mines and property, as deposed to by
others in this matter ; deponent, as already stated, having no personal knowledge of
the quantity and value of those ores.

The following are the names of the stockholders of said company, all of whom are
citizens of the United St^ites, viz : Thomas J. Bartholow, Miss Henrietta Bartholow,
J. Wilcox Brown, 6. C. Chase, George C. Collins, Isaac C. Day, Thomas Dougherty,
M. J. FreedHom, Thomas M. Finney, Dabnev C. (>arth, D. J. (iarth, John H. Garth,
A. H. Gibbes, George F. Griffith, Irby V. Hardy, William L. Heam, C. F. Masi'n,
Frederick Mead, Mrs. J. A. Nettleton, S. F. Nuckolls, John D. Perry, William H. Ross,
Sydney Shackelford, J. Oswald Swinney, F. Westwray, W. N. Worthington, Mon-
tague Ward, White &, Earicksou.

Deponent is the president of said company, as before stated, but he is not the attor-
ney of said company, nor of any person having an interest in the claim of said com-
pany against the Republic pi Mexico, nor is he the agent of said company, or of any
person having an interest in said claim, unless the fact that he is said officer of said
company shall be deemed to make him an agent for said company and its stockhold-
ers. Deponent is a stockholder of said company to the amount of five thousand dol-
lars, at the par value of his stock, and he has been paid nothing by said company for
his services as said president, and he loaned and advanced to said La Abra Silver
Mining Company $21,145.17, which amount, with the interest thereon, is due and
still owing by said company ; and that deponent has no interest in said claim of said
company against the Republic of Mexico, direct, contingent, or otherwise, except
what may consist in the fact that he is said stockholder and president, and the mon-
eys so lent and advanced by him to said company are still owing and unpaid by said

(Signed) Gsorob C. Collins.

Subscribed and sworn to before me, this 88th day of September, A. D. 1870.

(Signed) C. £. Pratt, J. 8, C.

[Here follows certificate of Calvin £. Pratt, Justice Supreme Court New York
Stats, to doc execution of deposition and to credibility and respectability of v itness.]

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Doc. No. 13.

In ike matter of the claim far damages of ** La Abra Silver Mining Company ** againet ike
United 8tate$ of Mexieo, to he eubmiiled to ike commieeionere appointed under iKe eon-
venUon of Julg fourth, one thoueand eight hundred and eixty-eight (1868) between ike
United States of America and ike United States of Mexioo.

Depoeitiou of Williiun H. Smith, a witneas on the part and behalf of ** La Abra Silver
Mininff Company/' taken before George £. Whitney, oommissioner and <derk of the
United, States cironit court, for the ninth oironit and district of Califoml

Umitbd Statbs or Amsrzca,

Staie of Ckilifornia, City and C^mntg of San Frandeeo, ss :
William H. Smith, of San Francisco, having been first dnly sworn aoooiding

32 to law, to tell the tmth, the whole tmth, and nothing bat the tmth in the
above-entitled cause, deposes and says as follows, to wit :

My name is William H. Smith; my age Is fifty-two years; I was bom in the vil-
lage of Whitehall, in the county of Washington, in the State of New York ; my ooon*
pation is that of a miner; I now reside in the city of San Francisco, State of Califor-
nia, and am a citizen of the United States of America. In the year eighteen hundred
ana sixty-one, (lti61,) in the month of November, I emigrated to the mineral district
of San Dimas, in the State of Durango, in the Republic of Mexico, and I followed
silver mining, as an occupation, in said district, for several years thereafter. I there
became well and familiarly acquainted with tne property and mines of '* La Abra
Silver Mining Company,'' a company organized under the laws of the State of New
York, to work their said mines at Tayoltita, in said district of San Dimas. I owned,
and worked to some extent, by Arrastra's and Patio process, a silver mine, called
<<Tecolota," distant by the road, about five miles firom Tayoltita, or said La Abra
Company's mines. I was immediately across the river and ravine from said La Abra
mines, and I could plainly see the works and mining operations of said company at
Tayoltita, from my said mine "Tecolota." I know the said mines, and have been
upon them fkeqneotly, and all over them. There are a number of veins or "lodes"
or silver, intermixed with a percentM^o of gold, at Tayoltita, all belonging to said
mines, now the property, I believe, of said La Abra Silver Mining Compauy, unless
they have been denounced and sold, or unless said mines and property have passed
from their possession, by act of the Mexican authorities, or by denouncement, since
said *' La Abra Company" were driven away and forced to abandon them, which
took place in eighteen hundred and sixty-eight, (1868.) I know, and haTe seen and
tested the ores of said company's mines, and I am well acouainted with their quality
and Quantity as to richness of their ores and abundance ot supply. Said mines were
well known, and generally spoken of as exceedingly valuable property — one of the
richest of the mines of San Dimas. All, or nearly all, of the veins or lodes, of differ-
ent names, at Tayoltita, were owned by, and constituted the property of said com-
Eany. They are somewhat famous in history, having been favorably spoken of by
;aron Yon Humboldt, in his Book of Travels, (''Essai Politique,") and commented
upon at length by the British explorer. Ward, in reference to this same " La Abra"

Eroperty, as follows, (Ward's Mexico, pages 559 and 573:) *'The great streets," (of
durango,) <Hhe Plaza Mayor, the theatre, and all the principal public edifices were
built by Zambrano, who is supposed to have drawn from his mines at San Dimas and
Gnarisamey upwards of thirty millions of dollars. A little below Onarisamey, and in
the same ra^nCi in the district of San Jos^ Tayoltita, which contains the celebrated
mines of ' La Abra,' one of the last worked by ' Zambrano.' It was opened in bo-

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 53 of 156)