window sills of the adjoining houses, and lying and standing on the sidewalk of the street in front of the legation, and at a distance of only from twelve to twenty paces away from it. Some of these men have even come into the door of the legation and endeavored to induce some of the refugees to go out, offering them security from molestation in exchange for a money consideration, and on some of those occasions these spies approached the legation in a state of intoxication. On the night of the 15th instant some of these men got drunk, knocked at the windows of the legation, and gave expression to gross insults against the refugees. Next day, 16th instant, I reported the matter by note, in moderate terms, to the minister of foreign relations (inclosure No. 1), and also reported the occurrence to you by telegram. To this note I received last evening a reply which, as will be seen from inclosed translation (No. 2), evades entirely the main question. I have replied to-day (inclosure No 3), pointing out that this whole course of action in surrounding the legation with these spies partakes of the character of a serious impropriety and want of respect towards this legation. The charges made in the letter of the honorable minister against the refugees, of having "with voice, with gesture, and with action, provoked the passers-by," I know to be entirely unfounded, as are also the charges of indiscretions against employés of the legation, and I can not help feeling surprised that the minister would accept and seriously repeat such statements. The refugees referred to are gentlemen of distinguished families and of culture, and entirely incapable of such actions as are ascribed to them; and the only time that any of the employés of the legations came into contact with the police agents who are watching the legation was when the fellows came into the legation under the influence of liquor. I have, etc., [Inclosure 1 in No. 236,] PATRICK EGAN. Mr. Egan to Señor Matta. LEGATION OF THE UNITED STATES, SIR: During some twenty days past a group of from 8 to 10 spies of the secret police has been stationed near the door and in the vicinity of this legation creating consequent alarm in those who have occasion to visit it. In the late hours of last night some of these men gave way to excesses which disturbed the tranquillity of the neighborhood, and in an apparent condition of intoxication they knocked on the windows of the legation and gave expression to gross insults against the refugees whom they had seen in an apartment facing the street. The disorder was only terminated by the intervention of other police agents who arrived at about 2 o'clock a. m. in a carriage and removed those who were causing the disturbance. I deem it my duty to bring these facts to the knowledge of your excellency in order that as soon as possible your excellency may give the necessary orders for their discontinuance, and that no new element of annoyance may be added to those of which I have had on other occasions to complain to your excellency. Renewing, etc.. PATRICK EGAN. [Inclosure 2 in No. 236--Translation.] Señor Matta to Mr. Egan. MINISTRY OF FOREIGN RELATIONS, SIR: Monday at 5 p. m. there was received in this department the note of your excellency of same date, in which it was stated that "some spies of the secret police stationed near the house and in the vicinity of the legation" had disturbed the neighborhood, knocked at the windows, and gave expression to gross insults "against the refugees whom they had seen in an apartment facing the street," the disorder being concluded by the "intervention of other police agents, who arrived in a carriage" and who removed the disturbers. Mr. Egan, even in case that the police had not put an end to the disorder, ought to be sure that such misconduct would not find in this department support or excuse, as is the undersigned that the honorable minister plenipotentiary does not approve or sustain the indiscretions of the refugees, who more than once, with voice, with gestures, and with actions, have provoked passers-by, who could not have been and were not police, either secret or public. Immediately on being received in this department the note of the honorable minister plenipotentiary there was asked a report from the intendente of Santiago, from which results that Mr. Egan has not been well informed. Whatever may be the comments which may be desired to be or could be made upon this occurrence and upon those who may have taken part in it, that which is positively proven by the words-of the honorable minister plenipotentiary is that the disturbance of the neighborhood and of his house was concluded, thanks to the intervention of the local authority, which does not recognize as its agents the drunken persons who created the disturbance, and who should be punished if found. This department does not take into account the reports of the police, which represent not only some of the refugees, but persons who are employés of the legation of North America, as committing indiscretions which might provoke replies and reprisals not pleasing to the rights or the decorum of any body. Without more, and reiterating to the envoy extraordinary his expressions of high consideration, etc., M. A. MATTA. [Inclosure 3 in No. 236.] Mr. Egan to Señor Matta. LEGATION OF THE UNITED STATES, SIR: I have had the honor to receive the note of your excellency, dated 17th instant, in reply to mine of the 16th, with reference to the disorders committed by spies or agents of the secret police in the public street in front of this legation after midnight of the previous day. In my note of 16th, I limited myself to requesting your excellency to be good enough to give the necessary orders that such misconduct might not be repeated, same having disturbed the tranquillity of the neighborhood, although it has been most disagreeable to me to see daily, for more than twenty days, the presence of a number of individuals, amounting at times to eight or ten persons, of bad appearance, surrounding day and night the house of this legation, lying down to sleep on the footpath in front of my house or in the doorways of the neighboring houses. All this, notwithstanding the arguments advanced by your excellency in a lengthy discussion, partakes of the character of a serious impropriety and a want of respect toward this legation, and it assumes besides a character still more unworthy when these same secret police have entered the doors of this legation, sometimes in a stato of intoxication and other times sober, with the purpose of tempting the refugees to go out of the legation, offering them security that they should not be interfered with, and asking rewards in return for their good will; in other words, playing the rôle of deception toward their employers and of mendicants. This may be considered satisfactory in its proper place, and your excellency is authorized to give what credit your excellency may deem proper to the unfounded reports which such people may forward through the medium of the intendente of Santiago. The facts which I state are, however, known personally to me and are matter of public notoriety. I think also that your excellency must admit that they are not calculated to promote the maintenance of that spirit of cordial friendship which it is so desirable to cultivate between our two countries. Again renewing, etc., PATRICK EGAN. No. 237.] Mr. Egan to Mr. Blaine. LEGATION OF THE UNITED STATES, Santiago, November 23, 1891. (Received December 26.) SIR: I beg to refer to my No. 223, of 9th instant, in reference to the case of Patrick Shields (not Shieldsa, as at first reported), a fireman on board the United States merchant steamer Keweenaw, and have now the honor to inclose copy of letter from United States consul, Valparaiso (inclosure No. 1), with attached copy of a letter from the intendente of that port and translation of same, together with copy of a letter from consul dated 11th instant (inclosure No. 2), detailing the irregular manner in which an attempt was made to obtain the testimony of Shields without any intimation to him, the consul. I also inclose copy of sworn declaration of said Patrick Shields, made before the United States vice-consul at Valparaiso (inclosure No. 3); sworn declaration of Charles A. Wheeler (No. 4), sworn declaration of Charles R. Malcolm (No. 5), and sworn declaration of Andrew McKinstrey (No. 6), to all of which, but especially to those of Shields and McKinstrey, I beg to call particular attention as disclosing a case of most brutal treatment without the excuse of any process of law. I inclose, also, copy of the second certificate from Dr. Stephen S. White, of the Baltimore, which shows the man to be in a bad condition (inclosure No. 7). Herewith please find copy of letter from United States consul, dated 20th instant (inclosure No. 8), conveying letter from Shields and his claim against the Chilean Government for the sum of $5,000 (gold) as compensation for injuries inflicted upon him. In view of the pending investigation and the action upon which the Department may decide in reference to the matter of the Baltimore, I considered it more prudent to await your instructions before formally presenting this claim. I inclose note received from United States consul (inclosure No. 9) regarding the nationality of Shields, with copy of my reply thereto (inclosure No 10). Although I have not made a specific claim, I have brought the case fully before the Government in a note to the minister of foreign relations, dated 23d instant (inclosure No. 11), and have sent him copies of all of the sworn declarations and medical certificates, in order that he may have full knowledge of the circumstances. Awaiting your instructions, I have, etc., PATRICK EGAN. [Inclosure 1 in No. 237.] Mr. McCreery to Mr. Egan. CONSULATE OF THE UNITED STATES, SIR: I herewith transmit for your information copy of a communication I had received from the governor of the province of Valparaiso, transcribing a letter from the judge of crimes of this city, in relation to the case of Patrick Shields. Very respectfully, etc., WM. B. MCCREERY, [Inclosure.-Translation.] The intendente of Valparaiso to Mr. McCreery. INTENDENCIA OF VALPARAISO, Valparaiso, November 7, 1891. The judge of the criminal court, in communication No. 406, of yesterday's date, writes me as follows: "I yesterday received your excellency's communication of the 4th instant, in which you transcribe an official letter from the consul of the United States, in relation to a complaint made before that officer by Patrick Shields, a seaman belonging to the merchant steamer Keweenaw, who complains of illegal arrest and ill treatment received by him at the hands of the police of this city. The consul of the United States requests, in the communication transcribed, the immediate investigation of the occurrences, and in case such investigation is made, he also requests that he or some one whom he may designate, may be present at the same. "This court immediately commenced the preliminary examination of the case, which will be conducted with special attention and in strict conformity with the rules of procedure established by our laws. Your excellency and the consul of the United States may rest well assured that full and impartial justice will be done. "Respecting the desire that the consul expresses to be present, either personally or through some one designated by him, at the judicial proceedings which may be held during the investigation, this court can not in any manner comply with them, because, in addition to the fact that compliance therewith would be contrary to the positive provisions which, in our legislation, order the secrecy of criminal trials, they appear to involve the dishonorable suspicion that the court of crimes of Valparaiso might conduct the investigation, not with the purpose of impartiality and rectitude whereby all tribunals of justice should be actuated, but in a sense contrary to the rights of the complaining seanien. "Our laws, Mr. Intendente, amply protect the rights of all, without distinction of class or nationality, and the undersigned, therefore, could not consent, without detriment to our prerogatives as a sovereign nation, to any endeavor to exact from the administration of justice concessions which are contrary to law, and which can not be granted even to our own citizens. "This will not prevent the consul of the United States from obtaining every facility to enable him to press his complaint or the seaman from being assisted, if he does not understand the Spanish language, by such interpreter as he himself may designate, in the declarations which he will have to make before this court. "I communicate this to your excellency in answer to your communication above referred to, and to the end that you may express to the consul of the United States the motives of law and decorum which prevent this tribunal from acceding to his desires." I transmit the foregoing for your information and other ends. J. DE D. ARLEGUI. [Inclosure 2 in No. 237.] Mr. McCreery to Mr. Egan. CONSULATE OF THE UNITED STATES, SIR: I called upon the judge of the court of crimes, Hon. E. Foster Recabarren, yesterday, in relation to the case of Patrick Shields, and was informed by him that the testimony of Shields had been taken. I afterwards telephoned you to that effect, and obeyed your request to investigate the circumstances connected with the taking of the testimony, and repaired to the steamship Keweenaw. The mate informs me that two persons came on board yesterday forenoon and one of them said he desired to see the man who claimed to have been injured by the police while in prison in this city. The man Shields was sent for and questioned, but declined to give testimony except in the presence of the United States consul. He was not sworn, and after replying to the questions the party read to him what he claimed he had stated and desired him to sign the paper. Shields declined to sign it, stating that it was incorrect and that he would give no testimony except the consul be present. At the request of Capt. Jenkins, of the Keweenaw, Dr. White, of the Baltimore, examined Shields to-day, and he reports that he is not able to leave the ship and will not be for several days. In case his testimony is again ordered by the court to be taken on shipboard, shall the same be taken unless the consul is present? Please advise me. On this 18th day of November, 1891, before me the undersigned, vice-consul of the United States of America at Valparaiso, personally appeared Patrick Shields, who, being duly sworn, deposes and says: My name is Patrick Shields; am 30 years of age and a native of Ireland. I shipped on the American steamer Keweenaw about four months ago at the port of Brooklyn. On the 24th day of October I was given liberty by the chief engineer and by the captain to come on shore. I arrived on shore about 6:30 p. m. and was to return to the vessel on the morning of the 26th. On reaching the shore I went to a place which I think was the English hotel or restaurant and had a bottle of beer. I was along with my shipmate Andrew McKinstry, and he drank beer with me. I stopped there about five or ten minutes. McKinstry and myself went into a barber shop at about 7:30 p. m. We entered the place and stopped there until we got served, which was about 9 p. m. The barber shop was full of people when we arrived there. I walked about the square until about 11 o'clock, at which time I was arrested by a policeman and taken to prison. He said something to me, but I did not understand him. I was kept in prison the whole night. During the night the inmates of the prison stole my cap. I pointed the men who stole my cap to the policemen, but they took no notice of me. They released me at about 9 o'clock on Sunday morning. I went to buy a hat, and before I had done so was again arrested by a policeman about half a mile from the police station, at about 10 o'clock that morning, and was locked up in the same prison. On Monday morning I was taken out and they made me sweep the streets until about 5 o'clock p. m. On Tuesday they again made me sweep the streets from daylight until about 5 o'clock p. m. I was released as soon as I arrived at the prison on Tuesday afternoon. I made my way down to the mole, but could not get on board, as I had no money to pay the boat hire and the consulate was closed. I then went up on the hill so that they should not arrest me again, and stayed until about 5:30 of the morning of Wednesday. I slept on the ground. I then came down and was going towards the mole to get into Mr. Murphy's boat in order to get on board my vessel. Before reaching the mole I was again arrested by a policeman and taken to jail. When there about five or ten minutes they made me work in the horse shed cleaning the ground, grinding corn, and carrying hay to the horses. They also made me sweep the streets that day. At about 12 o'clock that day, in view of treatment received, I made my escape from the horse shed and ran about a quarter of a mile. I was followed by a policeman and the man who takes care of the police horses. The latter beat me on the back of the neck and on my arms with a long stick, and they took me to the horse shed, when the same man beat me again, striking me with the same stick on my neck, arms, and back until the stick broke. The policeman also struck me with a broom. Í worked there until about 5:30 p. m. and they locked me up in the same prison. I was kept in prison until Saturday evening, and they made me work every day in the horse shed and sweeping the streets. When I ceased to work in the yard, the policeman would strike me on the back of the head with a stick. On Wednesday, at about 1 p. m., I vomited about a quart of blood and bled from the nose and ears in consequence of the beating that I had received. On Monday evening, November 2, they released me from prison. During the time I was there I asked the policemen on different times to be allowed to see the consul, but they paid no attention to me and they shoved me back. When I was released and going out of prison I told a police officer that I was going to see the consul and report that I had been refused to see him. I went to the consulate at about 6 o'clock that afternoon and found it closed. I could not find out where the consul was living. I could not get on board, as I had no money. I went up on the hill to prevent them from arresting me again. I felt very bad at the time. I sat there until next |