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United States Department of State / Papers relating to the foreign relations of the United States, with the annual message of the president transmitted to Congress December 2, 1902

Spain,   pp. 949-966 PDF (1.4 MB)

Page 962

 that day went on board the steamship Leonora without a consular permit or
previous notice, and took from the ship two men of the crew whose names I
gave. On the following day, the 8th instant, a police officer informed me
that, in company with one of his colleagues, an(l by order of the chief,
he had gone on board the Leonora to arrest the third officer, Don Manuel
Arana, and that, as the captain would not let them take the officer with
them, they also offered to arrest the captain, Don V. Bustinza. To which
I replied that they should not go on board any Spanish vessel without first
securing a permit from the consul. They answered that they did not need such
a permit, but that they announced to me that they were going oii board to
arrest the said officer and the captain too. On being asked what was the
reason for the arrest, they replied that the officer and other men of the
crew had been selling liquor on the preceding Sunday, without a license and
in violation of the municipal law. 1 replied that I did not believe the officer
had done any such thing, and as to the captain, he was within his right in
not recognizing any authority on board his vessel other than that of the
consulate. I gave assurances that both the captain and officer would appear
in court without having to be arrested, and to that end I gave the said police
officer a note for Don V. Bustinza, captain of the said steamer Leonora,
in which I asked him to appear with his third officer in the municipal court
the same day at half past 8 in the morning; my next step was to go in quest
of a lawyer for the defense of the presumed guilty, but I first begged the
policeman not to take any of the officers.prisoner, assuring him that it
would be sufficient to hand my note to the captain. As I was about to repair
to the municipal court I received a note from SeƱor Bustinza, captain
of the Leonora, advising me that he and the third officer had been lodged
in jail and locked in an iron cell. Without loss of time, I sought the services
of another lawyer for the defense of the captain, and appeared with him in
court, where I talked to the said captain, his third officer, and the above-named
two men of his crew. Other cases were tried, and when their turn came I asked
that the captain's case be first taken up, which was granted, and the said
captain was then released, it being found that he was arrested without cause,
for he had offered no resistance whatever, merely objecting to anyone being
taken away from his ship without authority from the consulate. When the case
of the liquor venders came up, it was said that there were not enough witnesses
and it was proposed to postpone the case until the next day; the mayor assented
to this and put the case off until 12 o'clock of the said day, committing
the two seamen and allowing the third officer to go on his promise that he
would return at the appointed time. Then the captain told me that he and
his officer were on their way to the court, when they came across the policeman
who handed them my note; that they all came together to the court, where
he was handed a document for his signature; this he refused to do, because
he was not conversant with the English language and did not know what he
was asked to subscribe. They then took from them their watches and the contents
of their purses and locked them up, his officer and himself, in the iron
cell. It was then that he sent me word, and they were thereupon brought into
the court room, where I spoke with them when I came with the other lawyer.
At 12 o'clock of the same day we returned to the court-house with a lawyer,
and white awaiting the arrival of the judge there came two policemen with
two other men of the crew, again without a permit from or notice to the consulate.
On trial of the case, the last two men who bad been brought before the court
were found guilty of liquor selling, the first two who had been arrested
and the third officer being there and then released. The judge fined the
said last two men in the sum of $100 each, and, as they had not earned it
and the captain did not see fit to advance so excessive a fine, he left them
in jail and the vessel sailed the next day, the ninth, for its destination,
the two guilty men remaining here in prison. The captain protests against
the outrage committed on his vessel and on his person, for he has suffered
unwarranted injury, and is justified in protesting against the proceeding
and in claiming damages, Injuries, and costs from whomsoever liable and responsible.
All of which I report to you for such action as may be expedient.". 
Air. Hay to Seuior Ojeda. 
Washington, lYovember 12, 1902. 
 SiR: I have the honor to acknowledge the receipt of your note of the 5th
instant, protesting against certain proceedings taken by the 

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