Carlos Martinez and Vicente Becerra had said to him; said words are, "We have killed this foreigner and we are going to finish all the foreigners and their associates." Question. Why did you not render help to Mr. Baldwin when they were taking him away to kill him, having men in the mine? He answered, because they had at that moment no weapons to defend themselves with; which is all he knows and has to say in compliance with the oath he has taken, in which he affirms and ratifies, himself subscribing with me and those who assist. I certify : TOMAS A. SOTO. In continuance, the citizen Peliciano Gonzales, being present and having taken the oath in due form, said his name is as stated, single, of age, orginally of San Dimas, and resident of this district. Question. What do you know in relation to the assassination perpetrated on the person of the American citizen Leon Baldwin? He answered that he corroborated in all its parts the testimony given by the miner Eustacio Mapula, who had been a miner in the mine "Valenciana" in the speaker's place, which he affirms and ratifies, not placing his signature on account of not being able to write; the judge with those who assist do it in his name. TOMAS A. SOTO. On the same date, the citizen Valentin Sierpe, being present and taking the oath, was asked his name, and other generalities, and said, his name is as stated, single, thirty-two years of age, miner, originally of Baris and resident of this district. Question. What do you know in relation to the assassination perpetrated on the person of the American citizen, Leon Baldwin? He answered that he corroborated the testimony made by the miner, Eustacio Mapula, in all its parts, which he affirms and ratifies, which is all he has to say in compliance with his oath; he did not sign on account of not being able to write, the judge and those who assist signing in his name. TOMAS A. SOTO. VENTANAS, February 20, 1888. Having taken the testimonies, forward them to the interested parties, as requested. TOMAS A. SOTO. VENTANAS, February 20, 1888. I, William W. Carroll, being duly sworn, do upon my oath, say that practically the translation hereto attached is correct, and that I am personally acquainted with Tomas A. Soto, the judge signing the evidence or depositions of parties herein given, and to the best of my knowledge and belief the signature of Tomas A. Soto hereto signed is his signature. W. W. CARROLL. Subscribed and sworn to before me this 21st day of May, A. D. 1888, at Durango, Mexico. [SEAL.] No. 801. Mr. Bragg to Mr. Bayard. JAMES B. CHESS. No. 97.] LEGATION OF THE UNITED STATES, Mexico, July 23, 1888. (Received July 31.) SIR: Under your instruction No. 87, of the 11th instant, I have made formal request of Mr. Mariscal to cause orders to be issued (pending application for their extradition) for the arrest of Gulie Shields and Isaac Wilson, charged with murder. I am, etc., EDWD. S. BRAGG. No. 102.] No. 802. Mr. Bragg to Mr. Bayard. LEGATION OF THE UNITED STATES, Mexico, July 24, 1888. (Received July 31.) SIR: Inclosed please find copy and translation of a note to-day received from Mr. Mariscal, in reply to my request for the arrest of Gulie Shields and Isaac Wilson, as made under your instruction No. 87, of the 11th instant, notice of which request was conveyed in my No. 97, of yesterday. This reply was not unexpected, but I did not call attention to the omission to furnish any data from which an arrest could be made, in my No. 97, lest I might seem to be disposed to be hypercritical. I am, etc., [Inclosure in No. 102.-Translation.] EDWD. S. BRAGG. Mr. Mariscal to Mr. Bragg. DEPARTMENT OF FOREIGN AFFAIRS, Mr. MINISTER: By your excellency's note, dated yesterday, I am informed that the President of the United States had authorized Mr. J. E. Van Riper to receive and take back from this Republic to that country the fugitives Shields and Wilson, and that the co-operation of the Mexican authorities is solicited for the arrest of said parties, pending the formal request for their extradition. As your excellency will understand, it is very likely that, in order to free themselves from the police, these fugitives may have changed their names; and that, therefore, little hope can be had of discovering their whereabouts unless some data concerning them be furnished. As soon as such data is received, orders will be immediately issued for the arrest of Shields and Wilson, in conformity with the wishes of your excellency's Government. I renew, etc., No. 803. IGNO. MARISCAL. No. 92.] Mr. Bayard to Mr. Bragg. DEPARTMENT OF STATE, SIR: I have received your No. 94, of the 18th instant, and have read with much satisfaction your congratulatory speech to President Diaz on his recent re-election. I have also observed your gift of a floral piece, suitably inscribed, in honor of the Juarez commemorative services. While it was perfectly proper that you should have manifested your sympathetic regard in an entirely personal way, this does not preclude the Department from expressing its gratification that you did so. I am, etc., T. F. BAYARD. No. 110.] No. 804. Mr. Bayard to Mr. Bragg. DEPARTMENT OF STATE, Washington, August 21, 1888. SIR: I herewith transmit a copy of a letter from the Acting AttorneyGeneral, dated the 20th instant, containing the information desired by Mr. Mariscal to enable his Government to make the preliminary arrest in the case of Shields and Wilson, whose extradition is demanded for murder. They are Seminole negro Indians, and are understood to be on the Seminole Reservation near Santa Rosa, in the State of Coahuila, Mexico. Adding that a new warrant, as desired by Mr. Jenks, substituting Mr. John T. Rankin for Mr. J. E. Van Riper, as the person to receive and return the fugitives for trial, has been issued. I am, etc., T. F. BAYARD. [Inclosure 1 in No. 110.] Mr. Jenks to Mr. Bayard. DEPARTMENT OF JUSTICE, SIR: Referring to your communication of the 2d instant, transmitting a copy of a dispatch from the United States minister at the City of Mexico, covering a note from the Mexican minister of foreign affairs, asking for data to assist his Government in making the preliminary arrest of Shields and Wilson, whose extradition is songht on a charge of murder, I have the honor to transmit with this the data requested by you with reference to the two fugitives named. Very respectfully, G. A. JENKS, Acting Attorney-General. [Inclosure 2 in No. 110.] Data in the case of Shields and Wilson. Gulie Shields and Isaac Wilson, charged with the murder of Modesto Maldonado. Offense committed at Fort Clark, Kinney County, Texas, on or about December 31, 1888. The defendants are Seminole Negro-Indians, ages about fifteen and sixteen respectively. They left Fort Clark about the time of the murder, crossed the Rio Grande river into Mexico, and went to the Seminole reservation near Santa Rosa in the State of Coahuila. They are not aware of the existence of an indictment against them, and will hardly change their names. SAN ANTONIO, TEXAS, JOHN T. RANKIN, United States Marshal. No. 805. No. 113.] Mr. Bayard to Mr. Bragg. DEPARTMENT OF STATE, SIR: I have now to refer to your No. 75, of June 18, 1888, and to my No. 85, of the 11th ultimo, touching the case of Henry Brudigam, convicted of murder, and to say that the Department has received the desired additional information. According to the statement of Brudigam, made to Consul Heimké, of Chihuahua, and reported in his No. 38, of July 31, 1888, he was born in Gulzow, Mecklenberg, Germany, December 23, 1844, and came to the United States November 30, 1871. According to the same statement the places where he has resided since then have been Pittsburgh, Pennsylvania, from November 30, 1871, to October, 1873; in Jackson, Louisiana, from November, 1873, to August, 1874; in Saint Louis, Missouri, from September, 1874, to March, 1878; in Maroa, Illinois, from April, 1878, to August of the same year; in Topeka, Kansas, from September, 1878, to December, 1878; in Solomon City, Kansas, from January to about August, 1879; and from about August, 1879, to February, 1880, in Beloit, Mitchell County, Kansas, wherein (in October, 1879) he took out his first citizenship papers signifying his intention to become a citizen of the United States. Leav ing Beloit, he took up his residence in Kansas City, Missouri, in March; and from that place went in October or November, 1880, to Winfield, Kansas, where he remained until January, 1881. He lived in different places in New Mexico from February, 1881, to June, 1882; and in El Paso, Texas, from July, 1882, to July, 1883, when he came to Mexico and accepted a position as cook in the camp of a Mr. Werner, in charge of a construction party of the Mexican Central Railroad. This place he gave up in February, 1884, and came to the city of Chihuahua, where he has resided up to the present time. The consul adds that the occupation of Brudigam, according to his statement, is that of a baker and confectioner, and that his property at Chihuahua at the time of his arrest consisted of his bakery and fixtures, valued at about $500. The Department is far from receding from the position taken in its personal instructions to its diplomatic representatives abroad, as well as in other documents, that it will claim for persons of foreign birth who are domiciled in the United States, though not naturalized, those rights which the law of nations assigns to domicile. The status of such persons, for instance, and the mode of distribution of their personality after their death, is determinable by the law of their domicile; and rights of this class belonging to them this Department will, on proper occasions, protect. But it must be remembered that domicile is a residence accepted as a permanent abode; and when a foreigner, who is sui juris, comes to the United States his declining to avail himself of the privilege of naturalization is a fact which goes far towards negativing the assumption that his domicile is in the United States. It is true that there are exceptions to this rule, such, for instance, as the cases of Quakers and others who have conscientious scruples against taking oaths of allegiance; of single women, who, whatever may be their rights as to naturalization, rarely claim them; and of persons under age who can not be naturalized but must wait until they are of full age, and yet who are left by an alien parent in the United States to take care of themselves; but within the scope of these cases that of Brudigam does not fall. The evidence now before the Department goes to show that he has taken up a domicile in Mexico, where he has resided continuously for more than five years, and so far as the mere declaration of intention thus left inchoate for nearly nine years is concerned, it goes to strengthen this conclusion that he omitted or declined to perfect his American citizenship when he had the fullest opportunity of doing so. I must therefore instruct you that Brudigam is not entitled to the interposition of the Department in his behalf. I am, etc., T. F. BAYARD. No. 122.] No. 806. Mr. Bragg to Mr. Bayard. LEGATION OF THE UNITED STATES, Mexico, August 28, 1888. (Received September 7.) SIR: I have just learned unofficially from Mr. Mariscal that inquiry made at the Mexican War Department developed the fact that the socalled soldiers guarding the frontier, and who attacked the Papago Indians on the 6th of April last, were State militia. Correspondence, he added, had been opened with the governor of Sonora; and the militia would doubtless be held to account for the occurrence. I am, etc., No. 807. EDWD. S. BRAGG. No. 123.] Mr. Bragg to Mr. Bayard. LEGATION OF THE UNITED STATES, Mexico, August 29, 1888. (Received September 7.) SIR: I have the honor to advise you that, on the 26th instant, I received from Consul-General Sutton a letter of Consular-Agent King, inclosing one from the American citizen, B. C. Work, imprisoned in the State of Tamaulipas, on charge of homicide, copy of which letter and its inclosure are made inclosures herewith. Upon receipt of such communication I addressed Mr. Mariscal a note, copy whereof is also herewish inclosed, which I trust will meet your approval. This case will be recalled by reference to my Nos. 10 and 35. I am, etc., EDWD. S. BRAGG. [Inclosure 1 in No. 123.] Mr. King to Mr. Bragg. [Extract.] CIUDAD VICTORIA, TAMAULIPAS, August 7, 1888. SIR: I have the honor to inclose the accompanying letter, which explains itself. Since Mr. B. C. Work's arrest for defending himself on the highway, I have been in this city and had ample opportunities of finding out, more or less, the true history of the case. The best Mexican citizens in the district where the shooting took place denounce Mr. Work's unjust treatment by the authorities in the strongest language. That a man, for protecting his life, should be tried like a criminal and put to great expense is indeed hard to bear. Moreover, it is generally known that the man killed was a bad character, while Mr. Work is a sober, hard-working man of family; and it is too absurd for one moment to imagine that he would deliberately stop a Mexican on the highway and shoot him without cause. Mr. Work has been anxious to avoid publicity, and, therefore, did not until now invoke the aid of this consular agency. I have, etc., J. H. T. KING. |