No. 246.] Mr. Egan to Mr. Blaine. LEGATION OF THE UNITED STATES, Santiago, December 5, 1891. (Received January 22, 1892.) SIR: I beg to refer to my previous dispatches in reference to the terrible ill treatment inflicted upon a fireman of the United States steamship Keweenaw, Patrick Shields, and now beg to inclose copy of letter from United States consul at Valparaiso, dated 24th November, with attached correspondence from intendente of Valparaiso (inclosure No. 1). I also inclose a translation of a note (inclosure No. 2) from the minister of foreign relations, in which he requests further information on the case. I wrote consul for the required datum, as per inclosure No. 3, and received from him a full report, under date 2d December, copy herewith (inclosure No. 4), from which will be seen what a terrible condition this poor man was reduced to and how unfairly he was dealt with in the matter of the pretended investigation by the local authorities at Valparaiso. On the 4th instant I fully replied to the inquiries and remarks of the minister of foreign relations, and now beg to forward copy of my note (inclosure No. 5). I have, etc., [Inclosure 1 in No. 246.] PATRICK EGAN. Mr. McCreery to Mr. Egan. CONSULATE OF THE UNITED STATES, SIR: I have the honor to inclose herewith, for your information, copy of a letter of the 20th instant received by me from the governor of this province, in relation to the case of Patrick Shields, fireman, belonging to the American steamer Keweenaw; also copy of my letter in reply to the same. Very respectfully, etc., The intendente of Valparaiso to Mr. McCreery. REPUBLIC OF Chile, Intendencia of Valparaiso, November 17, 1891. The judge of crimes, in a communication of the 15th instant, informs me as follows: "In the process which is being instituted in this court in consequence of injuries to the mariner of the American steamer Keweenaw, Patrick Shields, it has been resolved to address your excellency for the purpose of obtaining through you from the consul of the United States of America the inscription paper or enrollment of the said Shields and copy of the statement of the master of the Keweenaw reporting the aforementioned mariner as a deserter." I communicate this to your excellency for your information and consequent use. [Inclosure B.] Mr. McCreary to the intendente of Valparaiso. CONSULATE OF THE UNITED STATES, SIR: I have the honor to acknowledge the receipt of your excellency's communication of the 17th instant transmitting copy of a letter from the judge of crimes of this city. In compliance with the request of the judge of crimes I would state that, according to the crew list of the said steamer, Patrick Shields is a native of Ireland and a subject of Great Britain. The said mariner was reported at this consulate as a deserter on the 24th ultimo, he having overstayed his liberty owing, as it appears from his declaration, to his arrest by the police authorities and confinement in prison. Very respectfully, etc., [Inclosure 2 in No. 246.-Translation.] Señor Matta to Mr Egan. WM. B. MCCREERY, MINISTRY OF FOREIGN RELATIONS, SIR: There has been received on 23d instant in this department the note of your excellency in which you relate, in order to formulate a claim, a series of doings to prove the bad treatment inflicted upon Fireman Shields, and another series, also grave, of acts of the intendente of Valparaiso, and especially of the judge of crimes of that city, which would indicate a course of conduct still more censurable than that of the offenders who had inflicted the bad treatment on Shields. On going over and examining the note of the honorable minister plenipotentiary, and the documents authenticated by the consulate and the legation, the undersigned has observed that in all the series of grave charges against the police, against the judge, and against the intendente of Valparaiso there are not, besides the information of Shields, any other evidence than that of persons of the consulate and of the North American ship. The undersigned must believe, and he is pleased to say, that all these persons, the ones that affirm the sad effect of the bad treatment of Shields, the others who affirm that the proper procedure has not been followed in taking his evidence, will be worthy of all consideration, but in this department they can not claim sufficient authority in order that the acts complained of be considered as legally established, at least in order that they may serve as bases or justification for a claim, as announced verbally by your excellency and as insinuated and foreshadowed for in the note to which I reply. The jurisdiction of Chile, its laws and authority, are those that rule this matter, and the undersigned can not see that under them could arise the claim which is intended, which, even in order to be discussed, could not be entertained in this department without the commission of a criminal error or forgetfulness in giving, over the acts and words of our responsible authorities, and who respond for their conduct, the superiority to words and acts of persons who do not exercise and can not exercise jurisdiction in our territory on account of not being subject to our legal and constitutional regimen. For this reason, and solely as a matter of deference to the representative of the United States, and without giving to it the force of a precedent in this matter, this department requests the indispensable reports upon the following points: (1) Ill treatment of Shields. (2) How and when was he put in prison? (3) What judicial investigations were made or omitted, on shore or on board? (4) Some peculiar circumstances which may have occurred in this matter. When there shall be received in this department the report relative to those four points, and if it should result that there has been a denial of justice or an improper administration thereof in the case of the fireman Shields, then the claim suggested by the honorable minister plenipotentiary will be discussed. In the meantime, calling attention to the point which may be understood from the note of the honorable minister plenipotentiary as a manifestation of the idea that there may be other jurisdiction superior to that of Chile in the matter of police on shore or on sea at Valparaiso, the undersigned improves the occasion, etc., M. A. MATTA. [Inclosure 3 in No. 246.] Mr. Egan to Mr. McCreery. LEGATION OF THE UNITED STATES, SIR: In reference to the case of Patrick Shields, fireman of the United States ship Keweenaw, I have received from the honorable minister of foreign relations a reply to my note on this matter in which he says: "Solely as a matter of deference H. Ex. 1, pt. 1—17 to the representative of the United States, and without giving to it the force of a precedent in this matter, the ministry requests the indispensable reports upon the following points: "(1) Il treatment of Shields. "(2) How and when was he put in prison? "(3) What judicial investigations were made or omitted to be made, on shore or on board ship? "(4) Some peculiar circumstance which may have occurred in this matter." [Inclosure 4 in No. 246.] Mr. McCreery to Mr. Egan. PATRICK EGAN. CONSULATE OF the United States, SIR: In reply to yours of yesterday, in relation to the case of Patrick Shields, I beg leave to state (1) As to the ill treatment of Shields. When he came to this consulate on the 3d of November he was in a most pitiable condition and could hardly stand alone, and, as he informed me, as the result of the beating and ill treatment he had received at the hands of the police of Valparaiso. I sent him on board the Keweenaw and requested Capt. Schley, of the U. S. S. Baltimore, to send one of his surgeons to attend him. I accompanied Capt. Jenkins, of the Keweenaw, to the intendencia, taking Shields with us, where the captain offered to exhibit his (Shields's) bruised body to his excellency that he might see his terrible condition, but his excellency declined to see it. Subsequently I saw his bare body, which was black and blue, the effects as he stated of blows he had received at the hands of the police. I have forwarded to you the affidavit of Patrick Shields as to his treatment, also that of Andrew McKinstrey, who testified that he saw a policeman strike Shields with a broom handle. Also the statement of Dr. White as to the condition of Shields when he visited him on the Keweenaw by the order of Capt. Schley. (2) How and when was he put in prison? Shields states in his affidavit that he was arrested and taken to prison on the 24th of October by the police of Valparaiso. He also stated that the prison where he was confined was near the Plaza Victoria. (3) What judicial investigations were made or omitted to be made on shore or on board ship? On the 4th of November I addressed a communication to his excellency the intendente of Valparaiso (a copy of which I have sent you) asking that an immediate investigation be made with a view of ascertaining how and by what means Patrick Shields received his injuries, and under date of the 7th of November I received a reply from his excellency (a copy of which I have sent you), transmitting copy of a letter from the judge of the court of crimes. Subsequently Capt. Jenkins, of the Keweenaw, informed me that he had been cited to appear at the court, and that he was informed that his testimony was wanted in the case of Patrick Shields. He also informed me that he requested the judge to permit him to select an interpreter to interpret his testimony, and that he was informed by the court that the United States authorities had waived the right to nominate an interpreter in the case of the Baltimore men, and declined the request. I have also been informed that two men visited the Keweenaw and claimed that they had been sent by the court to take the testimony of Patrick Shields, and that he declined to be sworn or to give testimony except in the presence of the United States consul, or through his own interpreter. The truth of this statement is also corroborated by the sworn testimony of Shields and by that of the mate of the Ke weenaw. Having called the attention of the authorities to the brutality of this case, and having requested that an investigation be made, I had expected to be called upon to give any information in my power or that might have come to my knowledge to aid the court in its inquiry, but I have not been called upon for such information. (4) Some peculiar circumstances which may have occurred in this matter. The circumstances of the case are all peculiar. Shields testified that he had been most brutally beaten with sticks by policemen; the testimony is corroborated by an eyewitness; he was denied the privilege of seeing the United States consul; he states that he was never brought before the court, although he repeatedly asked to see the judge; he makes complaint to the consul of his treatment, and the matter is by him brought to the attention of the authorities and an investigation requested. The judge replies that he will investigate, and so far as I am informed there the matter rests. Two men visited the ship Keweenaw, claiming to represent the court, and asked Shields to be sworn. Had the authorities requested me to go with their men (if they were sent by the court), or had the court intimated to me that it desired any information I might have on the subject, it would have afforded me great pleasure to render any assistance in my power. The Keweenaw left this port November 23 for the United States, Shields on board. Dr. White, of the U. S. S. Baltimore, who attended Shields from the 3d of November until the Keweenaw left the harbor, informs me that he was very seriously and dangerously injured and that it would be a long time before he would be able to per form manual labor. Very respectfully, [Inclosure 5 in No. 246.] WM. B. MCCREERY. Mr. Egan to Señor Matta. LEGATION OF THE UNITED STATES. SIR: In consequence of the necessity to make inquiries in Valparaiso regarding the case of Patrick Shields, I have been unable until now to reply to the note of your excellency of 25th ultimo. In referring to the statements contained in my note of 23d as a series of grave charges against the intendente of Valparaiso and against the judge of crimes of that city which would indicate a course of conduct still more censurable than that of the offenders who had inflicted the bad treatment on Shields," I may be permitted to say that your excellency is under a misapprehension. I can not find in my note of 23d ultimo one word that reflects, in the nature of a charge, on the very excellent intendente of Valparaiso, and my references to the judge of crimes, while indicating a grave oversight or omission on the part of that functionary in his treatment of this case, were certainly not intended to rank in the same category as the charges preferred against the police; nor can I find anything in said note that could be interpreted in relation to a case of this nature, "as a manifestation of the idea that there may be other jurisdiction superior to that of Chile in the matter of police on shore or on sea at Valparaiso." In this case terrible injuries were inflicted upon Shields from the results of which he will probably suffer during his lifetime. When he escaped and presented himself at the consulate of the United States on the morning of 3d November, immediate notice was given verbally, and on next day in writing, to the local authorities, and an inquiry called for by the consul of the United States, with the request that he, the consul, or some one designated by him, might be permitted to be present at the investigation. The judge of crimes, in a letter of 6th November, No. 406, addressed to the intendente of Valparaiso and by him transcribed to the United States consul, refused, for reasons stated, the permission asked for by the consul, but said: "Notwithstanding this, in order that the consul may find all kind of facilities to advance his claim, the sailor Shields may be assisted, if he does not possess the Spanish language, by an interpreter whom he himself may designate in the declarations which have to be made before this court." The original reads: "Esto no obsta para que el Señor Consul Norte Americano encuentre toda clase de facilidades, a fin de elevar adelante su reclamacion; y de que el marinero Shields sea asistado, sí no posee el idioma español, por el interprete que el mismo designe, en las declaraciones que habra de prestar ante esta jusgado." Notwithstanding this statement of the judge of crimes, which seemed to the consul satisfactory, no intimation was given to the consul of any further steps, and up to the time the ship Keweenaw sailed on 23d November no steps were taken in the investigation, so far as I have been able to learn, beyond the irregular attempts to obtain the evidence of Shields on board the ship on 10th November. It was in view of those facts, and in order to aid in throwing light upon the actual facts of the case, that the consul of the United States took the testimony set forth in the several declarations, of which I have had the honor to inclose copies to your excellency in my note of 23d November. I have now the honor to transcribe to your excellency the report of the United States consul at Valparaiso, upon the four points mentioned in the note of your excellency of 25th November, as follows: "(1) As to the ill treatment of Shields.' "When he came to this consulate on the 3d of November he was in a most pitiable condition and could hardly stand alone, and, as he informed me, as the result of the beating and ill treatment he had received at the hands of the police of Valparaiso. "I sent him on board the Keweenaw and requested Capt. Schley, of the U. S S. Baltimore, to send one of his surgeons to attend to him. "I accompanied Capt. Jenkins, of the Keweenaw, to the intendencia, taking Shields with us, where the captain offered to exhibit his (Shields's) bruised body to his excellency, that he might see his terrible condition; but his excellency declined to see it. Subsequently I saw his bare body, which was black and blue, the effects, as he states, of blows he had received at the hands of the police. I have forwarded to you the affidavit of Patrick Shields as to his treatment; also that of Andrew McKinstrey, who testified that he saw a policeman strike Shields with a broom handle; also the statement of Dr. White as to the condition of Shields when he visited him on the Keweenaw by order of Capt. Schley. "(2) 'How and when was he put in prison?' "Shields states in his affidavit that he was arrested and taken to prison on the 24th of October, by the police of Valparaiso. He also states that the prison where he was confined was near the Plaza Victoria. "(3) 'What judicial investigations were made, or omitted to be made, on shore or on board ship?" "On the 4th of November I addressed a communication to his excellency the intendente of Valparaiso (a copy of which I have sent you), asking that an immediate investigation be made with a view of ascertaining how, and by what means, Patrick Shields received his injuries, and under date of the 7th of November I received a reply from his excellency (a copy of which I have sent you) transmitting copy of a letter from the judge of the court of crimes. Subsequently Capt. Jenkins, of the Keweenaw, informed me that he had been cited to appear at the court, and that he was informed that his testimony was wanted in the case of Patrick Shields. He also informed me that he requested the judge to permit him to select an interpreter to interpret his testimony and that he was informed by the court that the United States authorities had waived the right to nominate an interpreter in the case of the Baltimore men, and declined the request. "I have also been informed that two men visited the Keweenaw and claimed that they had been sent by the court to take the testimony of Patrick Shields, and that he declined to be sworn or to give testimony except in the presence of the United States consul or through his own interpreter. The truth of this statement is also corroborated by the sworn testimony of Shields and by that of the mate of the Ke weenaw. "Having called the attention of the authorities to the brutality of this case and having requested that an investigation be made, I had expected to be called upon to give any information in my power or that might have come to my knowledge to aid the court in its inquiry, but I have not been called upon for such information. "(4) Some peculiar circumstances which may have occurred in this matter.' "The circumstances in the case are all peculiar. Shields testified that he had been most brutally beaten with sticks by policemen (the testimony is corroborated by an eyewitness); he was denied the privilege of seeing the United States consul; he states that he was never brought before the court although he repeatedly asked to see the judge; he makes complaint to the consul of his treatment and the matter is by him brought to the attention of the authorities and an investigation is requested. The judge replies that he will investigate and, so far as I am informed, there the matter rests. "Two men visited the ship Keweenaw, claiming to represent the court, and asked Shields to be sworn. Had the authorities requested me to go with their men (if they were sent by the court) or had the court intimated to me that it desired any information I might have on the subject, it would have afforded me great pleasure to render any assistance in my power. "The Keweenaw left this port November 23 for the United States, Shields on board. "Dr. White, of the U. S. S. Baltimore, who attended Shields from the 3d of November until the Keweenaw left the harbor, informs me that he was very seriously and dangerously injured and that it would be a long time before he would be able to perform manual labor." With which, etc.. PATRICK EGAN. |