United States. Congress. Senate. Committee on Fore.

Compilation of reports of Committee ... 1789-1901, First Congress, first session, to Fifty-sixth Congress, second session .. online

. (page 81 of 156)
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 81 of 156)
Font size
QR-code for this ebook

firm, and make apart of this deposition, all the facts contained in those depositions,
which relate to the acts, proceedings, and occurrences by and before said Judge Milan
in his court-room, in May, 1870, where Aquilino Calderon and Bartolo Bodrigues were
there to give their evidence, all of which matters were interpreted to me by said
Qranger and Dana, or one of them, at the time— and I will add thereto, a few words,
according to the best of my recollection — which, on that point, is not easily obliter-
ated ; that when said Calderon attempted to testify, there was a crowd of people ont-
side, about the doors and windows of said court-room, hooting and yeUiug, and the
court-room itself was foil of the local authorities and people, whose menacing
238 looks and gesticulations towards said Calderon, said Bodnguez, and myself
were unmistakable, and they were so demonstrative and violent, that eren
Colonel Dana, who had lived amonsst said people so many years, told me I waa in
personal danger, and the said Judge Sfilan made no effort to suppress said insulting
demonstrations, and by his silence, if not otherwise, encouraged them.

The witnesses, Calderon and Bodrigues, were very much nightened, evidently in
part by the demonstrations of the spectators which I have mentioned, and partly by
the acts of Judge Milan, and particularly the menacing way in which he cautioned
them as to the evidence they were about to give. James Granger was present as in-
terpreter of said proceedings between the court and myself^ by the appointment of
the court, and with my consent, but when the witness Calderon, through fright or
other cause, swore that he had never worked for the Abra Company, and knew noth-
ing about the company, said Qranger, who had been clerk, or book-keeper for said
company, and knew that snob answer was untrue, stated the fact to the judge, and
suggested that the witness could not have understood the question, and asked that it
be repeated, said Judse, with violent language, ordered said Granger and myself out
of the court room— though he snbseqnently withdrew the order as to me. Before re-
tiring firom the court- room, said Granger, at my request, asked said Judge if he would
take and certify the depositions of the witnesses as required by the rules of the Com-
mission, nnder the treaty^ bnt the Judge refused, as is stated more folly in Oranger'a
said deposition. After said Granger withd^w ftom the oonrt-room, the said Franoes

Digitized by VjOOQ IC


F. Dana, my iuterpieter, haTing been a lieutenant colonel in the Mexican aeryicey and
formerly a personal friend of Jadge Milan, came to my aid, and, at my request, he
again asked the Judge to repeat the question, so that the witness might surelv un-
derstand it, and also i^ain asked him if he would take the delations in accordance
with said rules of the Commission, and obey said treaty, and said Jud^e again refused,
all of which is, I believe, fully stated in said deposition of Francis FT Dana ; and
said Judge Milan then ordered said Dana and myself out of the court-room, but again
revoked his order as to myself^ and the said Dana immediately withdrew. It beinff
evident that the witnesses could not, through fear, make a truthful statement, and
that the Jadge was determined they should not, and he having refused to regard the
treaty, or to take and certify the depositions as required by the rules of the Commis-
sion, and the only persons who could interpret the proceedings to me, having been driven
by the Judge out of court, I had no alternative but to abandon proceedings that were
destitute of all semblance of justice or fairness, and all hope of having dei>ositions
taken in that district, and I left the court-room, and went direct to the hacienda of
Ralph, or <* Rafael'' Martin, and thence to Mazatlan, and did not return to San Dimas
until 1872. It is not true that said Calderon completed his deposition before said
judge, or that said Rodriguez testified at all, unless the former was dons and the
latter testified after I had abandoned said proceedings, and left ; — and if their depo-
sitions were taken, I never had, saw, or knew what became of either of them; — ^and
if they severally deposed to what said alleged depositions contain, as reported by said
Quiroz, now filed by defense,— then they £posed, in all essential particulars, directly
opposite to what they had voluntarily stated to be the facts, in the statements made
by them at said hacienda San Nicolas, only two or three days before, to which
239 I have already alluded, and which facts I am satisfied they would have de-
I>oeed to, had they not been tampered with and frightened by the authorities,
after reaching San Dimas ;~and each and every statement in the alleged depositions
heretofore mentioned, purporting to have been made by said Rodriguez, Calderon, Soto
and Oil Ruiz, or in any other deposition, contrary to what I have here stated, relative
to the takiog of depositions by and before said Judge Milan, is wholly untrue.

It is not true, as will be hereinafter shown, that the deposition of Matias Avalos,
filed on behalf of the claimant in this cause^ was '* taken extra-Judicially," as he is
reported by Judge Quiroz to have said, in his alleged deposition, in July, 1872, filed
on behalf of the defence; nor is it true that his said deposition, or the depositions of
Juan Francisco Gtomboa, J6b6 Maria Loaiza, James Granger, or of an^ other person,
filed on behalf of claimant, was ''^extra-judioial," as is stated in the directions to the
judge of first instance of the district of San Dimas, dated Durango, July 8th, 1672, by
Jose M. Hernandez, the Mexican district attorney, and filed as a part of the defensiye
evidence in this cause.

Said Granger and Avalos resided in the town and district of San Dimas. The
demonstrations in and around Judgo Milan's court-room, and by said Judge himself,
which I have related, satisfied said Qranger that it would be dangerous for him to
attempt the ^ving of his deposition there, and Judge Milan had, in effect, refused to
take depositions for claimant, as I have already stated, and, .of necessity, witnesses
had to give their depositions elsewhere, or not at all ; and said Grang;er thereupon
told me that his business would call him to Mazatlan, a few days thereafter, where he
could give his deposition before the United States consul, in safety, which he subse-
quently did do, and the same is now on file in this case.

As for said Avalos. his deposition on behalf of the claimant, would not have been
ffiven at San Dimas, had Judge Milan been willing to take it. for the reason, that I
did not know while I was there, nor until after I had returned to Mazatlan from San
Dimas, nor until Avalos himself had come to Mazatlan, (which he did as an escort for
some one,) that he had ever been in said company's employ, or that he knew any ma-
terial fact relating to the claimant's case. His deposition was therefore given at Ma-
zatlan, for the additional reason that he happened to be there temporarily, where I
was when it first came to my knowledge that ho had worked for claimant, and knew
facts pertioent to this case, and his deposition, given in May, was, by the request of
Avalos, himself, and with the consent of the United States consul before whom it was
taken, written down by ex-Governor Carlos F. Galan, as interpreter and translator
ior said Avalos, and the same was taken lawfully, openly and &irly, in the office of
the United States consulate at the port of Mazatlan, and his statements were wholly
given in answer to questions propounded by the consul, and the assertions which are
made to appear in his said aUeged deposition of July, 1872, filed on the part of the
defence in this case, that he made an " extra judicial statement at the National
Hotel," in Mazatlan, and was there questioned ** by an American called (general," and
** by William N. Camacho," and that "James Granger agreed to pay him twelve dol-
lars on the General's account," but did not, and tl^t " said General gave it to him
last May," are, and each of said statements is whoUy untrue, and without the slightest
foundation in fact; and the whole of said alleged deposition has been explicitly de-
aied, condemned, and repudiated by said Avalos himself in a subsequent depo-

Digitized by VjOOQ IC


240 sition given by him in this oase, September 10, 187S2, and now on file befixie the
CommiBsion ; and as to the siYiBg of said last mentioned deposition, I was at

Mazatlan, in September, 1872, and while there, the said Matias Avalos oame to lia-
zatlan in the employ of the Darango Mining Company of San DimaiL with Charles K
Dahlgren, the snperintendent of said company, in attendance npon his siok wife and
child, then en rente to the United States. I had no previons Imowledge or intima-
tion that either Captain Dahlgren or said Ayalos was coming to Mazatlan, bnt while
they were there. I accidentally ascertained ftom a Mexican companion of said Avalos,
who also came m>m San Dimas in the employ of said Dnrango Company, that said
Matias Avalos, and other Mexicans had been compelled to tto before said Judge Qniros,
the previous Jnly, and there to make, or witness the making of said alleged deposi-
tions by said Qoiros, de la O, for the defence in this case, one of which was snbse-
qnently exposed and repudiated by the witness himself as aforesaid ; and these £Mst8
came to light at Mazatlan, and Avalos was requested by the consul to make his afli-
davit to aU the facts in the case, and by reference to his deposition it will be seen by
the certificate of the consul, and the deposition of the interpreter, that it was taken
properly and lawfully by the consul ; that the interpreter who transcribed and wit-
nessed said deposition for the consul on that occasion, Hernando Diaz Pelia, who was
then, and is yot a teacher of languages, and principal of a college at said port of Ma-
zatlan, was chosen by said witness, Avalos, as he had chosen ex-Ck>vemor Carlos F.
Galan, in May, 1870, for the same purpose, in transcribing his first depositioa in be-
half of claimant, all of which was aone in the presence of, and under the direction of
said United States consul, in every instance without interference, or any attempt at
interference by me, or by any one else, and I here state positively that I never saw
nor heard of any such person as '* William N. Camacho,'' and it is meanly tsAae that
said imaginary person ** Camacho,'' or that any real person, ** at the National Hotels"
at the consulate, or elsewhere, ever dictated or interfered, in any way, with the
terms, substance, or writing down of either of the two depositions so given befine
the said consul, by the witness Matias Avalos, or by any other witness for claimant
in this case. No person acquainted with the high cluuraoter of Isaac Sisson« the United
States consul at Mazatlan, and with his prudent and precise manner of doing bnainess,
and especially in taking and sealing up testimony, would ever attempt to nave depo-
sitions improperlv or unlawfully taken before him, even though the ajpent or aUor-
ney of the party in interest were unprincipled enough to desire it. Said oonsnl was
expressly ordered to take said depositions, by the State Department of the United
States, which order is dated at Washington, December 13th, 1869, and tranamittod
throagh Minister Nelson, at Mexico, whose instructions to said consul, Isaac Siason,
Esq., were shown to me by him, in said consulate at Mazatlan, in Maroh or April,
1870, the material part of which is as follows :

'* Legation of the United States.

" Mexico, Jfmuary 6<jk, 1870.
'* Sir: Ton are hereby instructed to take and verif;^ all proofs in support of claims
against Mexico, to be presented to the Joint Commission at Washington,*' dko., &c.

I have copies of said orders and instructions, at length, which I have received from
the files of the State Department, and, it appears, the Secretary of State was

241 moved to order said instructions, by complaints firom United States conaols in
Mexico, of the difflonlties in taking such testimony before Mexican authorities,

which are also on file at said Department.

Each and every deposition taken in Mexico on behalf of the Abra Company, claim-
ant in this case^ was taken honorably and lawfully, and wholly by the consul or other
magistrate certifying to the same, with the interpreter selected by the witness him-
self, in every instance ; while, on the contrary, every Mexican official in Sinaloaand
Durango^ to whom my business made it neccNssary for me to apply for oertifioatea,
copies of title papers, and to take depositions in this case, with the honorable excep-
tion of Pedro J. Barraza, judge of the supreme tribunal at the capital of Durango,
who discharged his duty honorably and promptly— either refused my application, oat-
right, or granted it only after expensive and vexatious delays, intrigues, andobstmc-
tions,Buch as were well calculated to defeat the object in view, as I was thereby pre-
vented from securing the depositions of many of claimants' former employees in tha
mines, and elsewhere, whose testimony was material in support of this claun.

In May, 1872, 1 applied to said.Cipriano Quiroz, judge of 1st instance, at San Dimas^
and to Arcadia Laveaga, then the official prefect, or °'gefe'' of that district, to cer-
tify officially to the correctness of their own unofficial signatures, made by uiem as
witnesses to certain title papers of the claimant in this case, and to the ugnatnrea of
other officials, the correctness of which signatures they admitted they knew. My
said application was written out in Spanish, to which each of said o£aoial8 replied,
verbaUy, that he woald sign no papers^ nor take official action of any kind, nor attach
his name officially to anything, without instructions finom his Government, and each
claimed to have speoial instructions not to sign anything officially, if applied to, witli-

* Digitized by VjOOQ IC


oot penniflBlon from thft enpieme authorities at DaraDso, and that his orders from the
Goyemor were, that he shoald not grant any certificate, nor any petition whatever,
without pieyionsly sending it to the Qovernor for approval, and therefore he could
not accede to my request. This prevented me from making any petition to said
authorities at San Dimas. to take depositions hefore either of them, on behalf of claim-
ant, as each of them had informed me, in advance, that no petition would be enter-
tained without special orders from the Governor, who was at Durango, nearly two
hundred miles distant, over the Sierra Madre mountains, traversable only by terrible
mule paths ; all of which facts effectually prevented mv taking testimony in that dis-
trict, as they were the only authorities there, before whom I could have taken testi-
mony, and each of said officials well knew that if said instructions could be obtained
at ail, it would require from one to two months to return them there.

llie titles were edified at Duran^^, alteran expensive and unnecessary delay there of
a n amber of weeks, during which time bills for upwards of |200 were made out against
me, by a Mexican affent there, for searches, and for procuring the signatures of his
friends, (as he called the Governor and other officials at said capital,) to the original
duplicate denouncements and deeds to said mines and haciendas ox the Ahra Com*

While at San Dimas, in May, 1872, 1 ascertained that said James Granger, one of
the witnesses for claimant, had been summoned by said Judge Cipriano Quiroz, a
number of times, to appear before him and give his testimony for defence, and that
he had heen compelled to sign two depositions before said Quiroz, on the part
242 of the defence in this case ; said Grander then and there called my attention lo
the fact that from the manner of putting together the depositions, by officials
there, the sheets of paper cgntaining the statements of a witness, could be easily dis-
placed, and others introduced containing such statements, or interpolations as they
chose to report, except upon the last sheet, upon which is written the signature of
the witness; and in calling my attention to this loose manner of putting depositions
together, and forwarding fiiem from San Dimas, he protested that if said depositions,
over his signature, as reported by Judge Quiroz, contained anything contrary to, or
inconsistent with his declarations in the depositions he had given in support of this
claim, before Consul Sisson, in May, 1870, that it was a false report of his testimonv
by said Mexican Judge. I then asked him to make a deposition to that effect, which
he was willing to do, and would have so testified, but he could not leave his business
and go to Mazatlan for that purpose, and he could make no deposition of the facts
before said Judge Quiroz, and' the tlnited States consul there, Charles B.Dahlgren,
could not act officially, as he had not yet received hissregiiafNrfrom the Mexican Gov-
ernment, and there was no authority in San Dimas before whom he could testify. I
subsequently ascertained, frx>m said Consul Dahlgren, at Mazatlan, in September of
the same year, 1872, that his srsgiuiter was not received until some time after I had
left the district of San Dimas— not to return there again— and said Dahlgren, at that
time, complained of the neglect of the Supreme Government at Mexico, in withhold-
ing his exequatur so long, '^ich he thonp^ht was done purposely, to prevent the tak-
ing of testimony before nim in that mining district, in support of the said American

It is not true, as stated in said report of Cipriano Quiroz, in said alleged proofs of
defence, that in anv part of the month of Jul^f 1872, there was '* no mode of convey-
ance to San Tgnaclo at the time, either by mail or through private sources, to forward
the requisitions decreed by the act of the 15th instant,'' July, 1872, which ** decree "
was an order from Jos6 Ma. Hernandez, of Durango, then the Mexican district attorney,
to said Cipriano Quiroz, Judge of first instance at San Dimas, to take, for defence, the
depositions of said Francisco (}amboa and Joe6 Ma. Loaiza, of said district of San
Tgnacio, Sinaloik and of said Judge Anastasio Milan, of San Dimas.

There was nothing to prevent tne Mexican authorities from taking said depositions,
if they had chosen to do so. I was in said district, and in various parts of said States
of Durango and Sinaloa, at the very time said Quiroz was taking depositions in this
case, and I knew all that took place there, of public notoriety and importance, from
about the twentieth of April. 1872, the time of my arrival at Mazatlan, up to about
the middle of January, 1873, the time of my departure from the same place, and from
that Republic.

The rebels, or <' pronunciados,'' after having possession of Mazatlan, and a part of
Binaloa, for a few weeks, were driven out, ana the legitimate authorities under Presi-
dent Juarez, re-established in full control of that district and State, and of the State
of Durango, about the middle of May, 1872, by the army of General Rocha, and I
know that the roads were open, and the mails not obstructed, but passing as regularly
as usual in that country, between said pointe, the towns of San Dimas and San
Tgnacio, from the middle of May, up to about the 1st of September. lo72, when the
rebels again t-ook and held possession of some parts of said States, for a few weeks
omy, and then flnallv surrendered to the legitimate authorities under President
SM3 Lerdo de Tcjada, which last named authorities have ever since that time held

Digitized by VjOOQ IC


me. In the month of May, 1872, 1 saw said Gktmboa, and LottisA,
residences in the district of San Tgnaoio, iu which district they
y, with their families ; and I also saw, in the same month, said
[> Milan, at the town of San Ygnacio, in said district, in which
risitine, hnt he still resided with his family, in said town of San
ning district of that name ; said towns of San Tgnacia and San
cty miles apart.

}an Tgnacio, I ascertained that Jndge Milan had been compelled
e, as judge of the 1st instance at San Dimas, and that his place as
npied bv Cipriano Qairoz, and that, if it were possible, he hated
bian said Milan over did. One of my interpreters then and there
n my presence, if he had given his testimony in this case, and if
n taken on the part of the defence, at San Dimas, since I left there,
[iian replied that there had been snch depositions taken there, by
las Jndge in takingthem, and also by Jndge Cipriano Qniroz, who
sparing to take more depositions, nnder the order of Jos^ Ma. He^
al district attorney ; and said Milan then remarked, that Jndge
with him on the subject of taking his deposition, only a few days
at that they had conclnded that his testimony was not necessa^,
I, had come down to San Tgnacio partly on business, but mainly
»ad health, and thonght the climate in the valley of San Ygnacio
the mountain air of San Dimas.

passed but once a week between said towns of San Tgnacio and
said Judge Milan's request, one of my interpreters bore from him
to his family at San Dimas, relative to the improved condition of
ntended speedy return to his home ; and he delivered said message
e and daap^hter, at said Milan's store, in the said town of San
were keeping in his absence, and from whom I purchased all of
journey to the capital of Durango, which took place in the latter
I, May, 1872 ; and therefore it can not be true that said Milan's
esidence were not known to said Judge Quiroz : they were near
^me town of San Dimas, and the said authorities had every facility
losition of said Ex-Judge Milan, if they had wanted it. The same
>. Loaiza, and Francisco Qamboa ; as 1 have already stated, they
y in said district of San Tgnacio, and I saw them there, in the
; and, to my knowledge, depositions in cases of Americans against
[ at both of said towns of San Tgnacio and San Dimas. on the
n Government, between the middle of May and the 1st or Septem-
I of which time tliat district in Sinaloa, and San Dimas, Durango,
reen them, were in possession of the legitimate authorities ; ana
bo prevent the taking, on the part of Mexico, of the depositions
lesses, by the authorities of San Dimas, Durango, or San Tgnacio,
IS the disinclination of said authorities to have them,
id firom citizens of San Tgnacio, and from said Jos6 Maria Loaiza, in
72, that he had not been absent from said district of San Tgnacio,
ear 1871, nor up to December 1872, except for a day or two at a
the port of Mazatlan on business ; that he was well' known per-
1^ 01 1st instance, at said town of San Tgnacio, and was at his
>f San Tgnacio in 1871, and 1872, while said authorities were tak-
ftinst the claimant in this case, at San Dimas, and against the
B in other cases at said town of San Tgnacio, and that he had
\ by said Judge, to appear before him and give testimony in this
[ know it to be true^ and confirm the statement of said Lioaica, so
) the taking of testimony at San Dimas, in this case, and at San
ses. I satisfied myself by inquiry at San Tgnacio, and Mazatlan,
known, that said Loaiza was a conscientious and truthful man,
uld not be influenced or controlled by any official threats of pun-
re referred toby said Matlas Avalos, in his deposition on behalf of
September, 1872, and by ex-governor Carlos F. Galan, in the case
Mexico, now on file before the Commission, in which one of the
se, and his brother, were subjected to said abuses.
> that said Mexican district attorney, and Judge Qairoz, did not
of Marcos Mora, and could not take his deposition on the part of
, as will be seen by the following facts : During the entire months
872, I was at the capit>al of Dnrango, for the. purpose of securing
proper authorities, to claimant's perfected titles to said mines and
to collect the testimony in this case; and during July, 1872, 1 saw
frequently, in company with said district attorney, Hernandez, at
.rtment, or State-house in Durango. Said Marcos Mora was a noted
as well known to all the authoritr es there, that he was a native

Digitized by VjOOQ IC


of said oapitali and that he was residing there with his family, on the 8th dayof Joly,
1873, at the very time said order was made hy said District Attorney, Joe6 Ma. Her-
nandezy to said Qairoz, to take the deposition of said Marcos Mora in this case ; and

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 81 of 156)