official intercourse with the secretary of the Chamber of Deputies, his credentials being from the Government of the United States to that of Chile, and that he was surprised that the secretary of the Chamber of Deputies should address himself to the legation instead of to the foreigu office. Mr. Egan declares that he will not receive any personal service of notification in the legation without being instructed. Mr. Egan to Mr. Blaine. [Telegram.] LEGATION OF THE UNITED STATES, Santiago, December 4, 1891. Mr. Egan acknowledges the receipt of the telegram of the 3d, and says that he is unable to explain the incorrectness of the statement of the minister for foreign affairs; that he had no personal knowledge of the circumstances attending the assault upon the men of the Baltimore and has not been asked for his testimony; that he did receive from the foreign office on the 9th of November a note bearing upon certain information derived from previous letters written by Capt. Schley and the testimony of the sailors transmitted in those letters. As Capt. Schley had been instructed by the Navy Department to treat the matter directly with the local authorities at Valparaiso, and was doing so, he so informed the minister of foreign affairs, on whom he called, and who agreed to the course thus taken and said that it would not be necessary to write a reply to his note. He adds that Capt. Schley furnished all the information supplied by him in his letter of the 3d of November and by sending his men before the judge. No. 243.] Mr. Egan to Mr. Blaine. LEGATION OF THE UNITED STATES, Santiago, December 4, 1891. (Received January 13, 1892.) SIR: I have the honor to hand herewith (inclosure No. 1) copy of a letter received to-day from Capt. Schley, with attached copy of correspondence between him and the intendente of Valparaiso to date, in relation to the attack upon the Baltimore sailors on 16th October. Throughout this investigation, which is supposed to be so secret that nothing of its proceedings can be given even to a friendly government, there has been a constant interchange of letters between the judge of crimes and the intendente and some communications with the minister of foreign relations, all of which, as well as the letters between Capt. Schley and the intendente, have been published in the press with the evident intention of molding public opinion on this matter; the result being a number of very bitter criticisms and attacks upon the United States and its Navy and upon this legation. I beg to call your attention to the very extraordinary statement of the judge of crimes in reference to the case of two of the men of the Baltimore who, after giving their evidence, indulged in too much drink and returned to court to sign their informations more or less intoxicated. You will find this statement on pages 11 and 12 (9 to 12) of the letter of the intendente of Valparaiso, dated 28th November, inclosed herein. I also inclose copy of telegram received from you to-day in regard to the extraordinary statement of the minister of foreign relations telegraphed to the Chilean minister in Washington, and also copy of my reply, which fully explains itself. I have, etc., [Inclosure in No. 243.] PATRICK EGAN. Capt. Schley to Mr. Egan. U. S. S. BALTIMORE (FIRST RATE), SIR: I have the honor to transmit the last letters which refer to the occurrence of the 16th of October, and I would state that I acceded to the request of the judge for a commission of experts to confer with reference to the character of the shot which killed Riggin. I would state that the testimony of the men mentioned in his honor's letter was given before him yesterday, as well as that of Jerry Anderson, coal-heaver, one of those wounded on October 16, and Coal-heaver L. A. Wallace, in the presence of Lieut. McCrea of this ship, under the same rules observed on the 20th of November, when the other witnesses appeared. This, I hope, will conclude the matter as far as the Baltimore is concerned, and, at all events, completes the confrontation in the case up to date. Referring to that part of the judge's letter relating to the appearance before him of two of my men in a condition of intoxication, I would say that his letter makes it appear that these men came in such a state before the court to testify. This is not the fact at all; they had already given their testimony and had appeared to sign the court copy of the same. The letter of his honor is written to the public more than to myself, and is evidently intended to create prejudice in the public mind similar to that which this communication shows to exist unquestionably in his own. Very respectfully, [Inclosure A.] W. S. SCHLEY, Captain Commanding. The intendente of Valparaiso to Capt. Schley. REPUBLIC OF CHILE Intendencia of Valparaiso, November 28, 1891. The judge of the criminal court, in an official letter of the 26th instant, informs me as follows: "On the 20th of the present month a confrontation, with profitable results to the good success of the inquiry, was held before this court between several sailors of the Baltimore and the culprits in the process, which it instituted with reference to the disorders of the 16th, and although the undersigned is mainly interested in terminating as soon as possible this already prolonged proceeding, the declarations of some of the sailors above alluded to make it indispensable to vacate the previous citations, and to hold a new confrontation between three of these sailors and other witnesses in the case. "It is also thought necessary to hear the account of the doctors who attended the dead sailors after the examination ordered by this tribunal and the opinion of a commission of experts, keeping in view the arms carried by the police during the disorders of the 16th, and the perforation of a neckerchief worn by James M. Johnson, at the time when, according to him, he went to assist the murdered Riggin, and which was first made by the ball which ended his (Riggin's) days, in order that it (the commission) may then inform this tribunal whether the said perforation could or could not have been caused by the rifles with which the police were armed. "In regard to the medical report as well as in regard to the technical commission which has just been referred to, I have thought it proper to appoint, as an evidence of the absolute impartiality with which this tribunal is proceeding and of the desire to throw light upon the lamentable event which it is investigating, the surgeons of the Baltimore and one of the superior officers of that vessel to concert with the other experts designated by the court in this act of justice. Giving expression to these ideas and to others which the continuation of the process requires, the court under date of the 21st of the present month decreed among other things, the following: "The declaration of James M. Johnson appearing to contradict that of the witnesses Vergara, Castro Jeria, Hernandez, and Iglesias, let a confrontation be held between all of them and Charles Langen, also a sailor of the Baltimore. "The city doctors, Antenos Calderon and Daniel Carvallo, associated with the doctor of the cruiser Baltimore, and with other medical men, who may have seen Riggin before and after his autopsy, will inform this tribunal: (1) Whether the shot wound which produced the death of that sailor was caused by a revolver or a rifle, giving the caliber of the projectile and the effects of the same; and in case the last is resolved upon, if it could have been from the rifles or carbines used by the police, examples of which will be placed at their disposition; and "(2) Whether the nature and gravity of the wounds inflicted by a cutting instrument, rather than the shot wound, might have removed the same Riggin, and the probable time necessary for the cure of these wounds. "Be pleased to ask information of the doctor who examined sailor Trumbull, whose real name is Turnbull, in his last illness, regarding the precise causes and reasons of his death. "Be pleased to name a commission of experts composed of Commander Vicente Zegers Recasen, Lieut. Col. José Maria Bari, and Lieut. Henry McCrea, of the cruiser Baltimore, in order that, keeping in view the neckerchief delivered by sailor Johnson during the confrontation, and the rifles and carbines with which the police were armed during the disorders of the 16th, they may inform this court whether the holes which are noted in the mentioned neckerchief have or have not been produced by a ball shot made with these arms. "Be pleased to send an official letter to the intendente of the province in order to obtain through him from the captain of the Baltimore the exact descriptive list of the deceased W. Turnbull; and to ask that the witness Eugene Frank be cited, in order that, given the descriptive list of that sailor, he may make clear whether he was or was not the person that the culprit Carlos Gomez wounded. The same Gomez and Federico Jensten will also make declaration regarding the same.' "I beg you, therefore, that in order to give completion to the decree, having transcribed this, you will be pleased to transmit the present communication to the captain of the Baltimore, that he may grant the necessary permission to the doctor of that ship and to Lieut. McCrea, in order that both may accept the commissions which this tribunal commits to them, and that he may arrange in the same manner the confrontation of the sailors Johnson, Langen, and John Davidson, who, according to the before-mentioned decree, will be brought face to face with the invalid sailor, Adrian Bravo, indicated in the last appearance, when brought together as one of the promoters of the disorders of October 16. The same captain will be good enough also to remit by means of your official intervention the other facts which this court has thought necessary to ask, notifying him that, sailor Turnbull having died on board the Baltimore, the doctor who attended him in his last illness must belong to the same cruiser. "Counting on the acquiescence of the captain of the Baltimore, the court fixes the 30th from 2 to 3 p. m. for the hearing of the new confrontation that has been ordered. "In conclusion, Mr. Intendente, I must add that in order to preserve,the dignity of the proceedings of this court, during the continuance of the confrontation held on the 20th, it was necessary to remove by force one or two sailors of the Baltimore who presented themselves in the court room in a state of intoxication, and whose behavior necessitated their removal. "The court could have better punished for itself the lack of respect which these sailors committed, but as a demonstration of special kindness towards the representatives of the Navy of the United States in this port it consented that they should be taken back to their ship, being satisfied with the full excuses that Lieut. McCrea, who had charge of the sailors that were giving their declarations, made for this same act and with the formal promise that their fault would be severely punished on board of the same cruiser. "In recording in this note that strange incident of the confrontation I have no other purpose than that of calling the attention of the captain of the Baltimore to the inevitable excesses that seamen deliver themselves up to always when they come on shore, even when it may be to appear at the citation of a tribunal of a friendly nation which affords them hospitality, and even when they may be under the immediate watch of their respected and honorable chief who conducts them. "Perhaps that incident will acquaint the captain of the Baltimore better than the actual proceedings of the trial the real origin of one of the causes that must have had much influence in the disorders of the 16th of October." Which I have the honor to transcribe to you, in order that you may be kind enough to assist, if you please, the action of justice in this grave business. God guard you. I. DE DE. ARLEGUI. [Inclosure B.] Capt. Schley to the intendente of Valparaiso. U. S. S. BALTIMORE (FIRST Rate), SIR: I have the honor to acknowledge the receipt of your letter of November 28, which reached my hands about 1 p. m. of November 30, too late to make the arrangements suggested by his honor for the meeting of the experts, as well as for a new confrontation of witnesses who have already testified, in order to clear up certain points, etc. I have the honor to suggest that Coal-heaver Jerry Anderson, one of the wounded, and Coal-heaver L. A. Wallace, the companion who was with him when attacked and stabbed on the afternoon of October 16, may be examined by the court; also that Peter Johnson, pliancia; Frederick- , boatswain, Fiscal Mole; the keeper of the "Stag" saloon; boatman No. 300; the keeper of the "Royal Oak" saloon; Robert Lindsay, sailor; Charles Lanctot, may be examined by the court. All these persons can bear witness to facts pertinent to the issue. I have, etc., W. S. SCHLEY, Captain Commanding. No. 244.] Mr. Egan to Mr. Blaine. LEGATION OF THE UNITED STATES, Santiago, December 4, 1891. (Received January 22, 1892.) SIR: Finding that the Baltimore was about to go north I have, during past couple of days, endeavored unofficially to obtain safe-conducts or even a simple permission for the refugees to go on board, but I learn that the ministry unanimously refused to even consider the matter. They have still hopes that they can induce the Government of the United States to surrender those men for punishment, which, in one case at least, that of Gen. Gana, ex-commander in chief of the army, would, I am assured, be very severe. Yesterday I was assured by a cabinet minister that Gen. Gana and some others of those now in this legation would be killed most certainly if captured in any attempt to leave the country, which opinion, expressed more than three months after the close of the war, will serve to show how desperate and lasting is the desire of some of those people for vengeance upon their vanquished opponents. This persecution of the vanquished party is sowing the seeds of further and perhaps more serious troubles for this country in the not distant future. I have, etc., PATRICK EGAN. No. 245.] Mr. Egan to Mr. Blaine. LEGATION OF THE UNITED STATES, Santiago, December 5, 1891. (Received January 22, 1892.) SIR: I have the honor to refer again to the receipt of your telegram on yesterday, stating that Chilean minister for foreign affairs has telegraphed Chilean Minister Montt, in Washington, that my testimony in Baltimore case was asked twenty days ago and not given, and requesting to know by whom was I asked. I telegraphed on yesterday to say that this statement on the part of the minister for foreign affairs is to me inexplicably incorrect. When the intendente of Valparaiso first requested information from Capt. Schley, on 29th October, the captain had not the authority to give any, and he replied on 1st November, referring the intendente to this legation, and saying: I am of opinion that if application be made to him (the United States minister) your excellency will be supplied with the names of several individuals who will be able in their turn to give you other names of persons who saw the killing of Riggin and the wounding of a number of others of my men during the lamentable disorders of 16th ultimo. Some eight days later, the 9th November, the minister for foreign affairs wrote me requesting me to supply the information indicated in Capt. Schley's letter. (For copy of his note see inclosure in my No. 230 of 11th November.) Meantime Capt. Schley had, under date of 3d November, supplied the intendente with a list of the witnesses indicated in foregoing quotation, residents of Valparaiso, and was engaged in a correspondence with the intendente respecting the conditions upon which the sailors of the Baltimore could give their evidence, which conditions he hoped, from day to day, to be able to satisfactorily arrange in accordance with modified instructions which were being transmitted to him from the Navy Department. On the 14th of November I called at the ministry of foreign relations and explained this matter fully to the undersecretary, and a couple of days later I had a conversation on the subject with the minister, in which I stated that the original instructions which I had received regarding the conditions upon which the men of the Baltimore could give evidence had been considerably modified in communications which had passed between the Navy Department and Capt. Schley, and that under the circumstances I considered it would be much more expeditious and much more conducive to an early and friendly understanding to leave the matter between Capt. Schley and the intendente of Valparaiso. I also explained that Capt. Schley had on 3d instant given to the intendente all the other information which he had referred to in his letter regarding important witnesses not belonging to his ship. The minister expressed himself as much pleased with this course, and in reply to my question said that under the circumstances a written reply to his note of the 9th was not necessary. There never was any reference to any personal information of mine, as I had no knowledgeof the case beyond that transmitted to me by Capt. Schley, and in view of my conversations with Minister Mattafor I had a second interview with him on the 21st November, in which we spoke of this matter of giving evidence as satisfactorily concludedI am greatly surprised at the statement communicated by him to the Chilean minister in Washington. I have, etc., PATRICK EGAN. |