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fect, inl8t>8, Macario Olvera, and it was said that Olvera, the prefect, was engaged
to be married to the daughter of said Judge Soto, and that said marriage did take
place subsequently, but of the last-named facts with regard to said marriage, I have
no personal knowledge.

I heard said loc^U judge, Nicanor Perez, say he would ** run that La Abra Silver
Mining Company out of Mexico.*' He said that ** the mines of Mexico belonged to
Mexicans," and that his Goveniment had no right to permit the ** Gringos," as he
called Americans, ** to eome here and carry off all the best of their metals," and that
*Hhe people," he said, ^' would take care that the ores of La Abra mines don't go
away in the hands of thet^o (Jrini^os," and he, the judge, Nicanor Perez, would see
that the people oi Mexico shall have the benefits of these locos (* fools') investments.

I recollect that his remarks were made in a prejudiced and determined manner, and
in the form of a threat, that he would encourage any act, if necessary, to carry his
point against that company, and I so understood itj and commuuicafed the facts to
some of the American employees there. This was in February, 1868. I afterwards
told Mr. Exall of the threats of the juez.

I also heard Macario Olvera, the prelect or Qete Politico of the district of San Di-
mas at that tim^, February or March, 1868, say that "La Abra Silver Mining Com-

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pauy could uot stay in that district;'* that ** it woald be itupoRsible for them to do
80.'' This was at San Dioias; he did not say, positively, what conrse he would pnr-
sae, but he said the authorities were determiDed to get rid of that company, and they
could not stay there and work those mines; he said it would be better for that com-
pany to give up their mines and leave the country ** before any accid At shoald hap-
pen/' for which, he said, **the prefect woald not be responsible." I asked him what
he meant by mi^dng use of the word *' accident," in that conversation, and he made
an evasive reply which satisfied me that mischief was meant, either by the prefect
himself, or by the people or local authorities, with the acquiescence of said prefect.
This said Maoario Olvera was, at the time this conversation took place, Februaiy or
March, 1868, the official and acting prefect of that district. He was called " Qefe
Politico." The Gefe Politico of a district, in any part of Mexico, is the chief au-
thority, civil, militaiy, and political. I know a man must possess great nerve if he
dares to oppose the will of the ** Gefe Politico," in any distnct of this country. The
Intimations of difficulties, or '^ accidents," made by said Qefe Politico against La
Abra Silver Mining Company, were made in the presence of two or three Mexicans,
who evinced imm^liate approval of said remarks, and cousiderable of feeling. My
suspicions were at once aroused, that Superintendent Exall might be in great danger,
and that other '* accidents" might happen, and I told Mr. Exall, the first time I saw
him lifter this oonveisation I have related with said prefect.

It was rumored, and indeed reported by nearly all Mexicans at Tayoltita, and San
Dimas, that said La Abra Company, and their officers, were in favor of the annexation
of Durango, and other western States, to the American Union, and this report was
industriously kept up by Mexicans for some weeks before Superintendent Exall aban-
doned the company's mines and property, and the fueling there with Mexican
76 authorities seemed to be hostile, and I was satisfied that said company could
not stay there, and work their mines, with safety to life or property.
There was no truth in the report, circulated so industriously by Mexicans, that this
company, or any of its American employees, were in favor of annexation, or that any
of them had ever interfered politically, or even discussed that question, so far as 1
could find out, and they all denied, to me, having any such ideas, and treated the
matter as ridiculous when I told them of the bitterness of the Mexicans aforesaid, on
that subject ; and the superintendent said it was a liEdsehood, and a mere pretext by
which the authorities could excuse themselves for driving the company away from
the country, and get their property. I have no interest, d&ect, contingent, or other-
wise in said claim, to support which my testimony is here given. I am neither agent
nor attorney of said company, nor for any person having such interest.

(Signed) John P. Crydkr.

Sworn to and subscribed before me, this 24tli day of May, A. D. 1870.
Witness :

(Signed,) Isaac Sisson.

[Seal of the U. S. Consulate.] U, 8, CommH Agent

BxpuBLic OF Mexico, State of Sinaijoa,

Port of Mazailan, Office of the U. 8. Consulate, §a:

I, Isaac Sisson, commercial agent of the United States of America, in and for the
port of Mazatlan and itb dependencies, in the Republic of Mexico, do hereby certify,
that John P. Cryder, whose deposition is hereinabove contained, attended before me,
at the office of the United States consulate, in said port of Mazatlan, Mexico, on thi:j,
the twenty -fourth day of May, A. D. eighteen hundred and seventy, and that he was
publicly and duly sworn by me according to law, to tell the truth, the whole truth
and nothing but the truth, and thereupon he deposed and testified, in answer, as
hereinbefore set forth : that said deposition was carefully read by me to said John P.
Cryder, and that he tnercnpon confirmed and signed the same in my presence. And
I do further certify, that I am competent by the Hbws of the United States of America,
to administer oaths, and that I have special instructions from the Department of
State of the United States of America, to take the depositions of witnesses in behalf
of citizen claimants of the United States against the Kepnblic of Mexico^ to be used
in evidence before the Joint Commission of the United States of America and the
United States of Mexico, appointed under and by virtue of the convention of July
4th, A. D. 186a

Ajid I do further certify, that said deposition was reduced to writing by C. Lanusa,
in my presence, and that said C. Lanusa has no interest, and is not the agent or
attorney of any person having an interest in said claim.

And I do further certify, that I know, and am personally acquainted with John P
Cryder, the above-named affiant, and I certify to his respectability, and his oiedi-
bility as a witness, and that his statements are entitled to full fiftith. and credit.

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And I do further certify, that I have no interest in the claim to which € lid deposi-
tion relates, and that I am not the agent or attorney for La Abra Silver Mining Com-

paD^, nctr for any person having such interest.
77 , Given under my hand and the seal of the consnlate of the United States oi
'America, this the 24th day of May, A. D. 1870.

rSi^ed,) Ibaag Sisson,

[Seal ot the IT. S* nsnlate.] U. 8, Commercial AgmU,

Document Ko. 24 C.

Deposition of J096 Maria Loaiza, on behalf of the claimant, to be need before the Joint Com-
mieeion appointed wider the Convention of the Ath of July, 1868, now sitting at Washing-
ton, D. C.

United States Consiilatk, Port and City of Mazatlan,

State ofSinaloa, Bepublio of Mexico, ss:

Before me, Isaac Sissou, commercial agent of the United States for the port of Bia-
zatlan and its dependencies, in the R* public of Mexico, personally appeared Jos^
Maria Loaiza, who, having bieen duly sworn according to law, to speak the truth, the
whole truth, and nothing but the truth, as a witness on behalf of the Abra Silver
Mining Company, the aforesaid claimants, deposed as follows, in reply to the follow-
ing interrogatories, which were read to him :

1st question. What is your name ; how old are you ; where were yon bom ; where
do yon reside, and where did yon reside and what was yonr occnpation during the
Bummer of the year 1865, and up to about April of 1863 f

Answer. My name is Jos6 Maria Loaiza ; I am forty-four years of age ^ I was bom
at the town, and in the district of San Ignacio, State of Hinaloa, Mexico, where I
have constantly resided with my family, during the last sixteen years, in my own
house and on my own lands. My occupation has been that of a miner, muleteer, and
merchant. During the last five ^ears I have been a merchant and a muleteer, and
have transported machinery, provisions, and other articles for the mining companies,
to different parts of Durango and Sinaloa; have purchased provisions and other
articles for the mining companies, and transported tnem, upon mnle trains, to their
places of business at the mineral of San Dimas, and other mining towns in the States
of Sinaloa and Durante, in the Republic of Mexico. I performed this kind of service
for the Abra Silver Mining Company, particularly during the years 1865, '66, and '67,
and the beginning of 1868.

2d question. Do yon know the company, called the ** Abra Silver Mining Company,"
and their mines and property t If yea, then state what thev did, or caused to be
done; whether they did anything, or caused anything to be done, and all yon may
know concerning the said company ; where their mines were located, what yon may
know concerning them ; the preparations made by them to work them, and the par-
ticulars of their mining operations, if you know the details f

Answers. I am acquainted with some members of the '^ Abra Silver Mining Com-
pany," and am well and intimately acquainted with three of the principal superin-
tendents, General Thomas J. Bartholow, Col. de Lag&el, and Chas. H. Exall.

The company employed me, at different times, from the end of 1865 up to about the
end of March, 1868, when the company was compelled to abandon its mining opera-
tions at Tayoltita. I know the mines belonging to the said company, which are
located at, or very near Tayoltita, in the mineral of San Dimas, in said district,

State of Durango, Republic of Mexico.
78 I am well acauainted with the greater part of the mines belonging to the said

company, and have witnessed freqpent assays made of the ores, which were
very abundant and rich in silver, with a small percentage of gold. The mines which I
have examined, and am personally acauainted with, belonging to the Abra Silver
Mining Company, while I was employed by them, are '*La Luz," ''El Rosario," ''El
dristo," " La Abra," " Arrayan," and "Talpa," or "Tapia," as this last was usually
called. I believe that they are all valuable mines, and yield, as I am informed, from
3 to 6 marks per carga. Of course, some yield much more in certain parts of the veins ;
but the aforesaid I consider a Just average, and I believe that the Abra, and Rosaric
mines, with a properly constructed adit, would give an average of double, or, per^
haps, treble the said quantity of pure silver.

The Abra Silver Mining Company employed me to assist John Cole, of Camacho,
and others, in transporting their heavy machinery, and their large and costly ten-
stamp mill, fit>m Mazatlan to Tayoltita^ San DiflOAS, which was done upon mules,

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which is a slow and costly mode of transportatioD, over rocks and raoantainB, full of
precipices, a distance of 65 leagues in the dry season, and 73 leagues in the rainy
seaHon, when we were compelled to transport the ten-stamp mill, machinery, and
other articles, across mountains, tbonsands of yards high, uud over the most danger-
ous roads I have ever seen.

I know that the said company expended largo snms of money in transporting the
machinery and implements from Mazatlan to their mines in Dnrango, and 1 think
that they employed from one hundred to one hundred and fifty men in the works, at
their mines underground, and in repairing the reducinn: works, and prepaiing their
mining operations, on a grand scale ; they must have expended, in my judgment,
from the cost of the material, implements, and the cost of transportation to their
mines, and in the extraction of the great quantity of ores, which they left abandoned
at the reducing works at Tayoitita, not less than half a million of dollars, andper-
haps much more. The said company employed me to purchase and transport to Tay-
oitita, 200 cargas of salt, for the operators of said company, which I parohased and
truasported to Tayoitita. I also purchased for the said company, and carried to their
mines, large quantities of com, meat, lard, sugar, and other provisions, daring the
years 1865-66, and part of the year 1867.

I also know what the said company did, and how they were treated by the Mexican
civil and military authorities. Many of the mule trains, belonging to the said com-
pany, were captured by the Republican army, under the command of General Corona,
and kept for the use of the said army.

I know that they took, as I have stated, one of the trains which was carrying pro-
visions for the company, and it is also su^))K}S(*d that tbey robbed it and killed the
muleteer, as he has never been heard of since.

This depredation occurred while Thomas J. Bartholow was superintendent of the
company^ at the end of 1665, or the beginning of 18(>6. A abort time afterward, one
Grove, the muleteer of another train, emplo^d by the company, was found brutally
murdered by the people of the country, on the road to the mines where he was going,
at a place called **£! Arroyo del Candclero," between San Ygnacio and San Dimas,
where his body was found, ^ horribly mutilated.

I have heard of other trains of mulcH, which were employed by the com-
79 pany, as having also been taken by the said forces for the use of the army, bat
I cannot say how many trains they took in all, because I do not know.

I have heard parties whom I knew as officers and soldiei-s of the said army, laugh-
ingly say, that the Abra Silver Mining Company was a very good provider and qaar-
tcrmaster for supplying the army, and I am conlident that they participated in the
said depredations, or robberies. The company must have lost a large amount by
these captures, but I do not know how much.

I know that when the company abandoned their mines and mining property^ in the
spring of 1868, that they had extracted a great quantity of silver ore — I believe from
1,000 to 1,500 tons — and that these ores, and also the reducing works, the mill, the
mill-houses, the laborers' houses, the appurtenances of the mill, tools, Slc, &c., were
abandoned by the crompany in March of 1868.

I also know that the company constructed very expensive conduits for water, and
other necessary works for the proper working of the said mines.

3d question. Do you kuow any other reasons than those alreai y stated by yon, why
the said company abandoned their mines and propei*ty T If so, state what yon may
know upon t he subject.

Ans. Yes; I know from what was commonly reported at the time of their aban-
donment, and from the boasts made by some of my countrymen, of whose conduct I
am greatly ashamed. I know that ib was freciuently stated by the Mexicans, and the
authoritieM of San Dinias and the neighborhood, iu 1866 and 1867, while I was work-
ing for the company, that they would drive the company away-^that they would
drive them from their mines, and obtain the benefit of their exi^enditures. I fre-
quently censured my countrymen when I heard these threats, and they often an-
swered me that they would kill me, or drive me away with the Americans, if I took
their part, or talked about the matter.

I heard Marcos Mora, who was at that time ^efe politico of the district of San
Dimas, say that he would drive the Abra Silver Mining Company away from the San
Dimas mines. This conversation took place at Tayoitita, near the reducing works,
and I believe that it was at the end of 1866, or the beginning of 1867. I know that
it is a fact, that there was a firm determination existing upon the part of all or nearly
all, of the authorities of the district of San Dimas, to get rid of the said company.
I know this from my frequent conversations, and the expression of the opinion of the
people and the authorities, while I was employed by the company in transporting
provisions and other articles for them, as I have stated.

I did not approve of this conduct towards the American Company, who had. In
good faith, come to invest their capital, and develop the riohee of oar conntty. out

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At times I appeared to approve, or rather allowed them to think I approved their evil
plans against the Americans, in order to ascertain the reality of their intentions, and
what might be the results to the company. I have beard the stepdaughter of Gnad-
alape Soto, the Judge conoiliador of Tayoltita, say, that she had also heard Marcos '
Mora, who was, at that time, gefe politico of the district, make these threats, and
also her stepfather, who was the local judge of Tayoltita ; but she said that her step-
father was a strong friend of General Thomas J. Bartholow, the first superintendent
of the company, and, if it were not for this, that he, too, would have assisted in
driving away the company, and that when Bartholow, the superintendent, was sao«
ceeded by another, that the jndge strongly favored the plans of the gefe politico

80 of the district, to drive the company away, take possession of their property,
or place Mexicans over it. This lady, yesterday, here in Mazatlan, again re-
peated to me what I have just stated, and from all of the facts in my possession, as
to the Jealousy and dislike of the authorities and of the people towards the Abra
Silver Mining Company, I am perfectly convinced of the truth of her statement.

4th qnestion. Do you know, and can yon swear to the handwriting and signatures
of Marcos Mora, ex-gefe politico, or prefect of the district of San Dimasf

Ans. Yes ; I know both his handwriting and his signature, which I have frequently .
seen in his official orders.

5th question. Is this order, or p&per, in the handwriting of the said gofe politico,
Marcos Mora, and do you recognize tne signature t4> the said order as the genuine
official signature of the said gefe politico, or prefect?

(The witness was here shown, by the consul, exhibit marked *'X," with the con-
sular seal affixed to the said order, and dated at San Dimas, July 10th, 1867, signed—
** M.Mora.")

Answer. Yes ; I recognize this paper ; it is an order of the said Marcos Mora, given
in his official capacity, and the whole of it, and the signature is, indubitably, the
genuine handwriting and signature of the said Mora, who was, at the date of the
said order, gefe politico, or prefect of the said district of San Dimas, and was so
known and acknowledged by all persons residing there at the time.

6th question. Here are two other orders, or communications; do yon recognize the
handwriting and signature of either or both of them f and if you do, state whose
handwriting it is, and whose signature appears at the foot of it f

(The witness was here shown, by the consul, exhibits marked ** Vand W," dated at
Tayoltita, respectively, on the 4th and 24th of July, 1867, both having the consular
seal of the United States attached to them.)

Ans. Yes, I recognize both as official documents of Guadalupe Soto, who was, at
that time, and is now, Jud^e conciliador at Tayoltita. Both are in his handwriting,
and -the signature is, indubitably, his, and the same as he uses in his official acts.

7th question. Were you acquaint-ed with the late gefe politico of the district of
San Dimasf and if you were, state, if you know, wBat were his connections with the
family of the said judge Guadalupe Soto, and anything else you may know with re-

gard to his official conduct towards the Abra Silver Mining Company, as also that of
nadalnpe Soto f

Ans. Yes, I knew the late prefect, or gefe politico of the said district. His name
was Marcario Olvera, and ho was killed, a &w weeks ago, at San Dimas, in a quarrel
with his own town's people. I believe that he was married to one of Judge Soto's
family, at least it was so said and believed in the district. He was a great friend of
Judge Soto, and I have heard him tell Olvera, the prefect, that they would never
aUow the Abra Silver Mining Com^ny to renew their mining operations in the dis-
trict. This occurred, it appears to me, during the rainy season, or summer of 1868,
on the road near Sau Dimas, where I met him on horseback ; it might have been, per-
haps, in October or November of that year. I have also heard Guadalupe Soto

81 express himself in bitter terms of the Abra Silver Minibg Company ; and in the
spring or summer of 1867 I heard him say that be was glad tnat the company

was out of the country ; that the Mexican Government had no right to permit the
Gringos to hold the best mines in the country ; that the mines in Mexico belonged to

the Mexicans, and that all the foreigners should be driven out of the country, and

the mines be given back to the Mexicans. I recollect nothing further upon the sub-

8th question. Have you any interest, positive or contingent, or of any other kind,
in the claim of the said company, in whose behalf you have given this deposition, or
are yon the agent or attorney of the company, or of any person who has any such

Ans. I have no interest of any kind, positive or contingent, in the company's claim,
uor am I the agent or attorney of the company, or any person who has any interest.

Adding, that I speak English sufficiently to imderstand and to make myself under-
stood in conversation, as I have resided several years in California; but as I have
been told that it is the same whether I made my deposition in English or Spanish, I

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have preferred doiDg so in the latter language, although I have oonftdenoe in mv
knowledge of that language, and in Carlos F. Galan, the translator.
(Signed.) Joss Maria Loaiza.

Snbsoribed and swom to before me on this t4th day of May, 1870.

(Signed.) Isaac SutsoN,

United States Ckmmercidl Agmt.
[Seal of U. S. Consnlate.1

[Here follows, in the original, the affidavit of the translator, Carlos F. Galau, to
the proper and lawful taking of the foregoing deposition, and to the signing of the

[Here follows, in the original, oeitifioate of the United States Consul, to the proper
taking of the foregoing deposition, and to the responsibility and credibility of the
witness, Loaiza. W. C. T., official translator.]

[Seal of IT. 8. Consulate. 1

Doc. No. 22.

La Abra Silver Mming Company againet The Republic of Meaieo. Depoeition of Ckarlee
Bouttier on Ma{f of olaimante. Respectfully submitted to the Joint Commission of the
United States and Mexico, in session at Waahingtony D. C.

Unitrd States ov Amsrioa, State of California,

City emd County of San FrandseOy ss :

Charles Bouttier, being duly sworn according to law. to tell the truth, the whole
truth, and nothing but uie truth, deposes and says as follows, to wit :

My name is Charles Bouttier^ I am forty years of age; I was born in Havre, in the
Empire of France ; I have resided in the United States of America for more than
twenty years last past ; I now reside. in the city and port of Mazatlan, State of Sin-
aloa, in the Republic of Mexico; I have resided in Mexico for about sixteen years

last past.
82 r know "La Lnz," "ElCristo," "Sanz.'' "Talpa," "La Abra," and other

mines at and near Tayoltita, in tne mineral district of San Dimas, in the State
of Durango, Mexico. I have been upon the ground, and have thoroughly examined
those mines, and have tested their oreiL with a view to making a purchase of the
same, if possible. I examined them in the winter or spring of 1§68.

I know the officers of the company who own thoee mines ; I also know some of the
owners, and especially (General Thos. J. Bartholow, of Saint Louis, Missouri, and
David J. Garth, of New York. I became acquainted with said Bartholow while he
was acting as superintendent of said mines, in 1865 and 1866. It was in the early
part of 1^ that! knew said Bartholow, at Tayoltita.

The company was called the " La Abra Silver Mining Company," and, as I under-
stood, was organized under the laws of New York.

I saw a fine stamp-mill, and heavy machinery for the same, being transported to
said company, on the backs of mules, under the 8ux>erintendence of said Bartholow.
1 saw large trains of muies, loaded with said machinery, on the road between Mazat-
lan and San Dimas, and I also saw large trains loaded down with provisions and sup-

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 60 of 156)