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duly sworn b^' uie according to law, deposes and makes oath to the following state-
ment, viz :

My name is James Granger; I am forty-two years of age ; I was born iu Scotland,
kingdom of Great Britain ; I am residing in San Dimas, district of San Dimas, Statu
of Durangp, Mexico. I know the company called ^'La Abra Silver Mining Com-
pany," and knew the superintendents and employees of the same, while said com-
pany was mining and carrying on their large mining operations at and near Tayol-



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THE LA ABBA SILVER BilNINO COMPANT. 371

Uta, ID said district of San Dimas; I was one of tbe assistaut saperinteuUeutd, and
was, also, clerk of said company for about two years, and I bad all tbe memorias,
showing tbo uaiues of all tbe meu working for said company, in tbeir mines and
otber work done in and about tbeir mining works, eaob week. I speak and under-
stand tbe Spanisb language, well.

I know General A. W. Adams, attorney for said company. 1 was present in tbe
room of tbo court of tbe JueM de Primera /natoncui, or Judge of tbo First Instance, at
said 8an Dimas, in tbe district of San Dimas, State of Durango, Mexico, on or aboat
tbo 2nd day of May, 1870, and I commenced to act for said Adams as bis interpreter
to tbe judge, or for botb parties, in tbe taking of depositions by said Adams, as at-
torney in bebalfofsaid **La Abra Silver Mining Company." but tbe said judge, whose
name is Anastacio Milan, refused, in my presence, to taike depositions at all while
either myself or said Adams was present, and ordered us out of his court-room. Said
Adams, not bein^ able to speak Spanisb, reqnested me to ask said judge if bo would
take the depositions of tbe two witnesses then before tbe court, in accordance with
tbe provisions of tbe joint rules for taking depositions, which had been made by the
Commissioners of the United States and tbe Mexican Republic, in obedience to a
treaty, or convention between those two Republics ; a copy of tbe trea^ and the
rules were presented to tbe judge by said Adams, and be askcid said judge if he would
be kind enough to make tbe certiiicate of the court also in accordance with tbe re-
quirements ot said rules, as tbe Commission, he said, bad authority in tbe treaty for
making tbe rules, and said Judge Milan replied that ho would not, that he would
do neither; that be had nothing to do witii the treaty mentioned by said Adams,
he said, and nothing to do with tbe joint roles, and he would not respect or obey
them. He admit ted, however, that be bad read tbe treaty and rules, and that be
understood them. Tbe said Adams then asked said judge, through me, as inter-
preter, if he, the judge, would obey tbe treaty itself, and tbe said judge, Milan,
answered, that he would not; that he bad nothing to do with the treaty, and did not
intend to respect or obey it.

Deponent then retired from tbe court- room, leaving Col. F. Dana as interpreter.

One of tbe witnesses spoken of above, Aqnilino Calderon, who had, to my knowl-
edge, worked for La Abra Company, at Tayoltita, more than two years, his name
borne on most of the memorias during that time, when he was summoned before
said judge, seelued so affected, he having beard tbe judge or«ler him, said Adams,
and myself, out of tbe court-room, that be actually swore, in effect, that he had
never worked for the company at Tayoltita; that he had only worked at Yentanas

and Buena Vista during the five years last past.
€9 I then became perfectly well satisfied that no depositions ooold be taken in

that district in snpport of the claims of American citizens. I know the fact
that tbe feeling there, on the part of citizens and authorities, is intense and hostile
to American citizens mining in that district, and esi>ecially so to the taking of testi-
mony to support the claims of Americans who have been deprived of their mines and
propert V by acts of Mexican citizens and authorities.

Ajid turtner deponent sayeth not.

(Signed) James Grakobr.

Sworn to and subscribed before me, this 23d day of May, A. D. 1870.

[BMAL OF THE U. 8. OOXSULATB.] (Signed) ISAAO SiSSON,

U. 8. Commercial Agent.

(Here follows, in the original on file, a certificate of United States commercial
agent to the proper taking or execution of the deposition; to the respectability and
credibility of the witness, and that his statements are entitled to full faith and
credit)



Doc. No. 20.

In the matter of the claim for damages of La Ahra Silver Mining Company against the
Bepuhlie of Mexico. DepoeiUon of Francie F, Dana on behalf of claimants. To be
submitted to the Commissioners acting under the Convention of July 4th, 1^68. In ses-
sion at Washington, D. C.

Consulate of the Uioted States,

Port of Mazatlany State of Sinaloa, RepubUo of Mexico, ss :

Personally appeared Francis F. Dana, who, having been by me first duly sworn,
according to law, deposes and testifier, as follows :

My name is Francis F. Dana ; I am forty-eight years of age ; I was bom in the
town and county of Athens, in the State of Ohio, in the United States of America ; I



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372 TItE LA ABBA SILVER MINING COMPANY.

uow reside in Mazatlan. State of Sinaloa, Mexico: my oocapation is that of a miner;
I resided, at the time of the events abont which I am called npon here to testify, In
the said port of Mazatlan, and was of the same occupation. I was a lieutenant colo-
nel in the Mexican army during the late war between Mexico and the French, and
traitors. I know A. W. Adams, attorney for La Abra Silver Mining Company.

I accompanied said Adams from Mazatlan, h'inaloa, to San Dimas, State of Durango.
Mexico, within the last two months, as his interpreter, and as chief of his guard. I
was present with said Adams, at San Dimas, in the State of Durango, whUe he was
taking, or trying to take de[>ositions there, in support of the claim of La Abra Silver
Mining Company against the Republic of Mexico, and as I speak, read, write, and
understand perfectly well the Spanish language, I had an opi>ortunity, while mixing
freely with the people, and with the Judges of the courts, and the prefect at San
Dimas, to learn the real feeling with said authorities and people, in regaid to the
possibility of American citizens carrying on mining operations there.

After being in San Dimas but one week, I came to the conclusion that it is not
safe for any citizen of the United States of America to even attempt mining op^«-
tions in that district, with the slightest hope of security of life or property, nor with
any thought of protection. I was present in San Dimas, and assisted said Adams as
interpreter and translator, in preparing his application to the Judge of first instance,
of San Dimas, to take the depositions of two witnesses, whose names were

70 Aquilino Calderon, and Henriquez. The said Judge of first instance, when he
found out that the witnesses were to be examined before him, became suddenly

ill, and actually locked up his store, and refused to see any one. I called on him,
and sent my name, and he said he was very sick. This went on for two or three
days, and finally said Adums announced that he should stay there uutil the judge re-
covered from hi$ illne$i; that he was determined to take the testimony of the wit-
nesses, when the said Judge became euddenly well, and said he ** would attend to the
matter, but it was perfecuy useless for said Adams to try to get the testimony of
Mexican witnesses, against their country, for they would give no testimony that
would do him or his case any good, or reflect upon Mexican authorities."

The next day the case was cidled, but I saw by the actions of the two witnesses
that they had been talked to, and they seemed much fHghtened.

The feeling there, on the part of the authorities and the people, was up to fevor
heat, and I feared that violence might be used against said Adams before he could
get away from San Dimas.

I went with said Adams to the court-house; the witnesses came into the court-
room, and were so badly frightened that they shook like an as]>en leaf; and when
Calderon was called up to testify, either from fright or from deaigp, he actually de-
nied that he had worked for La Abra Silver Mining Company within the past tive
years, but said that he had worked during that time only at Ventanas and Bnena
Vista, although Mr. Granger, one of the principal clerks of said company, was sittiug
before him, and claimed that the name of this man Calderon was on their rolls for
two years and more, and that he knew him perfectly well, as one of their old em-
ployees.

At this point. General Adams requested me to ask the Judge of first instance, who
was presiding in said court, and whose name is Anastatic Muan, to put the question
to the witness again, that he might understand it, claiming at the same time that
the witness could not have understood the question ; but Judge Milan deolined to
read the question a second time to witness, and remarked that he thought the wit-
ness understood the question, and would not ask it again, or give him any chance to
explain the matter, and hereupon General Adams, attorney for said company, asked
said Judge to abandon the examination of the said witnesses, and declined to take
their depositions; but said Judge remarked that he would not abandon the examina-
tion, under any circumstances, that he would finish their depositions now. whether
the attorney wanted them or not. Said Adams then asked saia Judge if he, the Judge,
would take the depositions, and make his certificate in accordance with the printed
rules of the American and Mexican Joint Commission, handing a copy of said rules
to said Judge, at the same time, who refused to take them, and said he would not.
Said Adams tnen offered said judge a correct copy of the treaty y or oonventUm, of July
4th, 1868, between the United States and the Mexican Republic, and asked said Judge
if he would obey the treaty itself, and said Adams announced to him, the Judge, that
the rules of the Commission were made by authority, and the presiding judge re-
marked, thereupon, that he knew all about the treaty, or convention, of tne 4th of
July, 1868, and the rules of the Commission to6; that ne, Judge Milan, had a copy
of both, but that he did not respect said treaty, and would not obey it ; that he had
nothing to do with the Commission at Washington, and did not want anything to do
with it, and that he would not obey them ; and at this moment said Judg^ Milan
ordered deponent, and also said Adams, out of his court-room, and stated that

71 he, deponent, and said Adams, had no business there ; that ho, the Judge, could
read the interrogations to the witnesses, and that said Adams and depoueut

had no business there ; but finally he said that he would allow said AdaniB to be



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THE LA ABBA HILVEB MINING COMPANY. 373

there, as he did not anderstand the Spamsh laogpiago, and coald not tell what was
going on in the court-room.

Deponent farther says, that from the oondnct of this evidently prejudiced Judge
and the remarks he made on that occasion, in the presence of the witness, Calderon,
he is not surprised that said witness ignoi^ the fact that his name had been borne
upon the rolls, or memorias, of La Abra Silver Mining Company for over two years,
or that he declared that he knew nothing of the company or its miniug operations.
Deponent saw and heard enough, at San Dimas, during the six days he was there,
waiting the action of the authorities, upon the application of said Adams to take the
depositions of the witnesses named, to satisfy him that no testimony can be taken,
and that none will be allowed to be taken by the judges of that district, which would
do La Abra Silver Mining Company any good, or reflect upon the authorities of that
district, for any part they may nave taken in the driving out of said compauy from
their mining operations at Tuyoltita; and deponent is also satisfied that said Judge
Milan had proved this fact when he said in my presence ^* General Adams had as well
return to his country, for he shall get no witnesses here to swear against their country,
and no testimony that will injure Mexico, or do his company any good; " — ** this he
may rely upon ; ** and his subsequent conduct on the bench, when he refused to obey
the troaty between Mexico and t)he United States, or the rules made In pursuance
thereof, proves to m^ mind clearly that he knew the influence he was capable of ex-
erting in that direction.

I have no interest, direct, contingent, or otherwise, in the claim of La Abra Silver
Mining Company against Mexico, to support which my testimony is here given, and I
am neither agent or attorney for said company, nor for any person having such interest.
And further deponent sayeth not

(Signed,) Frans F. Dana.

Sworn to and subscribed before me, the 27th day of Biay, A. D. 1870.

[8BAL OP THB U. 8. C0N8ULATB.] (Signed) ISAAO SiSSON,

U. 8, Commercial Agent.

[Here follows the certificate of Isaac Sisson^ the United States commercial agent
for Mazatlan, to the credibility and respectability of the witness, and that his state-
ments are entitled to full faith and credit ; also certifying the lawful taking, and ac-
knowledgment of the affidavit.]



Doe. No. 17.
Depohition of Don Juan Castillo de Yalle as to sale of property to the company.

Felipe Villareal, notary public. — I certify, that on this day personally appeared
before me, the undersigned, Don Juan Castillo de Valle, a Spaniard, and merohant of
this place, personally known to me to be the same, and set n>rth :

That in September, 1865, he sold to a company styled the ** Abra Silver Mining Com-
pany," the mining enterprise at the mineral of Tayoltita, district of San Dimas,
72 State of Dnrango, compriBing the mine of the Rosario, in which is included the
La " Luz " mine, ** El Cristo," Los ** Inocentes," and ** Arrayan," together with
the ** Sanz " and ** Talpa " mines. The reducing works of " San Nicolas "and Lower
Chica for the sum of $50,000, which was paid to him in American gold, to his entire
satisfaction. That he also sold the same company the stock and fixtures of the store,
for which the payment was made, at $7,000, which was also paid to him in American
gold,

Mr. Castillo de Yalle further states that, as the lawful attorney of Don Antonio
Arayaza, and Don Francisco Yzurieta, he sold to Messrs. Thomas J. Bartholow, J.
Gkuth, and Ceorge Griffith, the mining enterpr.se located in Guarisaniey, district of
San Dimas, consisting of ^^ ^uestra Sefiora de Guadalupe del Promoutorio," and the
reducing works of ** Tamborlita de Arriba ** and ** Tamborlita de Abajo" for the sum
of $10,000, which was paid to him, in cash, in American gold at the port of Mazatlan.

That by virtue of these sales, he delivered title-deeds of possession and ownership
of the aforesaid mines and reducing works, to their lawful owners, aforesaid, in the
presence of Joa6 Antonio Aldrete, notary public of Mazatlan.

In witness whereof, Juan Castillo de Yalle signs these presents, with me, which I
issne at the request of A. W. Adams, a citizen of the United States, and attorney of
said Abra Silver Mining Company, for such purpose as may serve his rights.

Dated, city of Dnrango, May 9th, 1H70.

(Signed) ** Juan Castiulo dk Yallb," " Fkupe Yillakeal,"

Notary PuhUc,

(Here follows, in the original on file, the certificate of Jeans Hernandez y Marin,
oonstitntional governor of the State of Durango, to the aignatoreof the nota^, YiUe-
real, dated Dunuigo, May 11th, 1870.)



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374 THE LA ABliA SILVER MINING COMPANY.

Doc. No. i:». ^

In the matter of the Claim for danuuf^s of '^ La Abra iiilvfr Mining Company" against
the Republic of Mexico. Deposition of John P. Cryder on behalf of Claimants. To be
submitted to the Joint Commission of the United Slates of Amei'ica and the United States
of Mexico in session at Washington, I). C.

Consulate of the United States, Port of Mazatlan,

State of Sinalottj Republic of MexicOfSs:

Personally appcartMl before nie, Ibuac Sisson, United States commercial ageut, iuaud
for the port of Mazatlan and its dependencies, on this 24th day of May, A. D. 1870,
at 2 o^clock in the afternoon, at my consular office, in said port, John P. Cryder. who,
having been introdnced as a witness on the part and behalf of claimants in the above-
entitled matter, and having been by mo duly sworn according to law, to tell the
truth, the whole truth, and nothing but the truth, in relation to the matters and
things which he is called upon to tentify, makes oath to the following statement, to
wit:

My name is John P. Cryder. I am fortynine (49) years of age. I was born in Cal-
mtta, in British India. I reside, at present, in Limon, district of San Ignacio, State
)f Sinaloa, Republic of Mexico. My occ upation is that of a miner and farmer, and
£ sometimes practice law, but have not done much of that in this country. At the
time of the events about which I am hero Kummom^d to testify, I resided, and was do-
ing business temporarily, at Tayoltita, district of San Dimas, State of Durango,
73 Mexico, and was emphn t <l ibero by a mining company calletl " Nuestra SeQora
de Guadalupe Gold and isilv* r Mining Company," whose mines, hacienda, stamp-
mill, and other works, wero situatt^ about one league from the town or village of
Tayoltita.

I was employed there as one of the assistant superintendents of said work, and was
so employed from January, 18(;8, or the hust of December, 1H()7, up to about the lirst
of March, IriGS, and remained in and about Tayol ita until about the last of March,
1808. I know the mines and mining works of La At)ra Silver Minin<j Company, or I
did know them in the year 18l>8, when I was engaged in business tliere. They are
situated at Tayoltita, in the mining district of San Dimas, in the Stat^ of Durango,
Mexico. I was engaged for some months as one of the assistant superintendents of
the Nuestra Sefiora de Guadalupe Gold and Silv(!r Mining Co iipany, a neigh bo'ing
mining company.

John Corell was chief superintendent of our mines and works. They were within
a few minutes' walk of La Abra Silver Mining; Company's hacienda, stamp-mill, and
redaction works. I had a good opportunity to know what was going on there in the
winter and spnng of 18()8.

I was frequently at the hacienda of said La Abra Company's works, and intimately
acqnainted with Mr. Exall, superintendent of said Abra Company. I know their
mines, called *• La Luz,'' **El Cristo," "San/.," **La Abra," ^^Rosario," " Talpa"
or **Tapia,"and "Arrayan," which belong to that company— all situated within about
one league of their hacienda and redaction works at Tayoltita aforesai<i.

Their said mines are exceedingly rich with silver, and valuable mines, and their
lodes, or veins of abnudant supply.

La Abra mine, alone, as it was said and generally believed by good judges there,
was worth more money than said La Abra Company paid for all their mines. I do
not, of my own knowledge, know the exact amount paicl for all of their mines at
Tayoltita, but I bave heard from good authority at Tayoltita that they paid Don
Juan Castillo de Valle tifty-seven thousand dollars ($r)7,060) for a number of the miuea
belonging to them ; and that they also pai<l to a Mr. Luce, and one Hardy, of Califor-
nia, thirty-two thousand iloUars ( S32,000) lor La Abra mine ; all of their mines, prop-
erty, and works, possessed under the title of, and were known and called ** La Aura,"
at Tayoltita; said company had there, when I knew them, a large ten-stamp mill,
mill-house, mill-races, hacienda, out-baildings, and reduction works of the largest
kind.

Their improvements, including stamp-mill, mill-house, mill-races, patios, and other
buildings there, i. ust have cost said company, as I should judge, not less than from
three to fonr hundred thousand dollars.

When I left Tayoltita, about the last of March, 18G8, said La Abra Silver Mining
Company no longer had existence in the said district of San Dimas ; they were broken
up by the interference and molestations of- the Mexican authorities in that district,
and the capture of their mule- trains, provisions, and supplies, by the military author-
ities of the Republic, while said trains were coming up with said snpplies from Ma-
zatlan.

I was, myself, a witness to an outrages upon the superintendent of that company,
Mr. Charles U. Exall, who was, to my own knowledge, improperly and anlawfally



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THE LA ABBA SILVER MINING COMPANY. 375

arrested and impnsoued by the local judge, or ''jaez'' at Tayoltita. I was present
wheu sai^l arrcHt was made, aud I >Yas also pre»eDt at the hacioudaof said La

74 Abra Conipaoy wheu the cause, or excuse was given, which appeared to me like
a miserable pretext tor t^uid arrest It was this : Said Superintendent Exall was

bitting in his private room at the hacienda, in consultation with some man on private
basiness, when the said '* juez " walked into an adjoining private store room, without
knocking or being invited in, and Mr. Exall remarked to said ^' juez " that it was his
private store room, aud if he, the *^juez" wished to see him on business, he, Exall,
would go out and see him, or words to this effect.

These remarks were made in a pleasant and gentlemanly manner, which should
have ^iven no offense to any reasonable man, but said *'juez" remarked that his
dignity was insulted, or somethiuv; to that effect, and that he would have sat isfaction,
or that he Exall, would hear troin him ; and about half an hour after the occurrence
named I saw an armed ^uard come with the orders of Haid judge, or ** juez," and ar-
rested Superintendent Exall, and took him before the judge.

I followed him, and I heard the said local judge. Nicanor Perez, order said Superin-
tendent Exall to be imprisoned in the hacienda that night, with a guard over him;
and said judge sent for Haid Exall the next morning to appear before him, which he
did, in charge of a guard, and the moment he entered the court room I h<*ard the said
judge call him, Exall, very bad names, and he poured out upon him the most vile
epithets in the Spanish language, abusing him in the most shameful manner ; all of
which Mr. Exall seemed to near without losing his temper; and said judge, after he
bad exhausted the vocabulary of abusive epithets, as I thought, then turned to said
Exall aud announced his determination to carry out ih<5 sentence of imprisonment for
two months in the common jail at San Dinias, and fifty dollars fine, but at the same
time ordered the guard to com])eI said Exall to o all the way to San Dimas on foot,
and not to allow nini even to ride his own mule, saying the judge would learn the
Grmgos (as Americans are callc<l) to treat him with deference and respect. He then
ordered said Exall to be locked up that night in Tayoltita in an old uninhabited house
that was said to have been occupied by diseased i)er8ons. It did seem to me that
nothing was too bad for said judge to say aud do against said Exall. The next morn-
ing I visited said Exall, in company with an Englishman, whose name wiis James
Granger. This Mr. Granger, not being an American, but au Englishman, had some
influence witii Judge Perez, although he was in the employ of the company, and he
was permitted to call on the prisoner. He invited me to go with him, and I did so ;
we found Mr. Exall, a gentleman of refinement, busily engaged in the work of defend-
ing himself from the attacks of millions of fleas. The house where he was confined
had a most disgusting smell, and was filthy beyond description.

It was said by the people there that this old house had been but recently occupied
by persons of loathsome diseascH, and that the judge knew this fact when he sent Mr.
Exall there.

This seemed to create so much sympathy and feeling at Tayoltita in favor of Mr.
Exall, even with those natives and unemployed workmen who were in favor of driv-
ing said compauy away from the country, that Mr. Granger managed, with some in-
flaences unknown to me, and by securing the payment of the fine, to get Mr. Exall
released from thisyile prison house ; and I do not know what became of the ca«e after
that.

I spoke and understood the Spanish language, well, at thai time, and have so
spoken and understood Spanish for nine years last past. I know, and have

75 talked with Juilge Soto, Guadalupe Soto, of Tayoltita. In the winter of 1868,
I heard said Soto say that he was in favor of driving said La Abra company out

of Mexico, aud all the rest of the Gringo companies. He was intimate with the pre-



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 59 of 156)