Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Third Session of the Fortieth Congress
Mr. Plumb to Mr. Seward.
Sir: As at nearly the same date, the 9th instant, that I received your dispatch No. 61, of the 23d of May, relating to the outrage at Monterey, and stating that you awaited my report with reference thereto, my dispatch No. 131, of the 20th of May, treating of that subject, must have reached the department, I do not doubt that such instructions were then forwarded to me as the serious character of this case may, in your judgment, have seemed to demand, and I have therefore thought it my duty to defer addressing this government upon the subject until their arrival, especially as, to be effective in securing just redress for what has taken place, and in preventing the occurrence of such acts in the future, a direct expression of the feelings of the government of the United States with regard to this transaction appears to be necessary.
No allusion to the affair, or expression of regret at its occurrence, has yet been made to me by this government.
On the 13th instant I received from Mr. Ulrich, consul at Monterey, a letter, inclosing to me the affidavits of the parties who were the subjects of the outrage.
A copy of the same is transmitted to the department herewith.
I have the honor to be, very respectfully, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D.C.
Mr. Ulrich to Mr. Plumb.
Sir: I have had the honor to receive your letters of May 6, 9, 11, and 12, acknowledging receipt of various letters of mine.
In fulfillment of your request in that of 12th of May, I herein inclose affidavits of the parties who were the subjects of the outrage of April 21.
In case I can render any further assistance in having this matter righted, you will please command me.
I have the honor to be your obedient servant,
J. ULRICH, Consul.
Hon. E. L. Plumb, U. S. Chargé d’Affaires, Mexico.
On this 28th day of May, A. D. 1868, before me, J. Ulrich, consul of the United States of America for Monterey, Mexico, personally appeared Samuel B. Kathrens, E. F. Liechardt, Forbes Potter, Henry Reiss, J. Montgomery, and F. Zapffe, to me well known, who, on being duly sworn, did depose as follows, and did in my presence sign their names to said affidavits:
I, Samuel B. Kathrens, am an American citizen, residing and doing business as a merchant in the city of Monterey. On the evening of the 21st of April, 1868, in company with Messrs. F. Potter, E. F. Liechardt, J. Montgomery, H. Reiss, F. Zapffe, and José Margain, had been taking some champagne at the billiard room of Mr. Zeigler, in the “calle de Dr. Mier,” in this city, and at about 11 o’clock p. m. was proceeding home, (with the gentlemen above named,) distant from the billiard room not quite two blocks, the whole party talking and laughing in a lively manner, but making no discordant nor unusual noise. On our arriving at the corner of Commerce and Theater streets, under the balcony of the government palace, we were challenged and halted. Mr. Margain then left us, and went up stairs in the palace to inquire why we were so halted and detained, but did not return; and after a delay of some minutes the remaining six of us were marched to the prison, and this was done, as I understood at the time, by an order of the government. On our arrival at the prison our pockets were emptied in a forcible manner, ostensibly for purposes of safety, but leaving my watch on my person. We were then thrust into the yard of the prison, where we remained during the whole night. It was dark when we entered, and Mr. Liechardt, shortly after entering, went to urinate in one corner of the yard, and while so doing received a heavy blow from one of the officers in charge of the inside of the prison. At about four o’clock of the succeeding morning I was ordered to “llevar el caballo.” To which, not understanding the order, I replied, “I had no horse.” The most of us then seated ourselves on a bench, and shortly afterwards Mr. Potter was ordered in the same terms to do the same work, and not instantly proceeding to do so, was severely lashed four or five times. Mr. Liechardt next received the same order, and I told him “for God’s sake to do it, as he would be treated in like manner.” They were then ordered into one of the cells to carry out the vessel containing the accumulated filth of the prison. I heard blows administered, and found that Mr. Liechardt had received them for refusing to do this disgusting work. After daylight, Messrs. Zapffe, Potter, Liechardt, and myself were each given a small broom and ordered to sweep the prison yard; knowing what would be the consequences of our refusing to do this, we complied. Mr. Liechardt, who was next to me, not sweeping to suit the tastes of the officer who held the whip, (nervio de toro,) was again severely lashed. At about 8½ o’clock a. m. we were taken before the alcalde 1st, who, upon being informed by the policeman that we had been arrested by order of the government, remanded us until about 9½ or 10 o’clock, when he returned to his court and stated to us that he came not to try us, but to sentence, and declared each one of us subject to a fine of ten dollars, for creating a “scandale” the previous night. To this Mr. Montgomery objected, stating that some of the party had been sober, and had committed no offense, and the fine was remitted. We demanded, through the American consul, Mr. Ulrich, that Narciso Davila, official secretary of the governor, (who, we were informed by the alcalde, had personally ordered the arrest,) should be called as a witness. To this the alcalde objected, on the ground that he did not have the power to cite him. We finally were released without the payment of any fine, the alcalde in a manner expressing his regret at the occurrence. We had been confined during the previous night in the common jail yard with about sixty convicted criminals. Four of our party were not in the slightest degree under the influence of wine or liquor, and we were all in company together merely.
SAM’L B. KATHRENS.
Sworn to and subscribed before me.
[seal.]
J. ULRICH, United States Consul.
[Page 495]I, E. F. Liechardt, a citizen of the United States of America, residing and doing business as a merchant in the city of Monterey, Mexico, do solemnly swear: That on the night of Tuesday, April 21, 1858, I was in company with S. B. Kathrens, F. H. Potter, F. Zapffe, J. Montgomery, and H. Reiss, on my way home. While passing under the balcony of the government building, on Theater street, we were ordered to stop by a party of soldiers or policemen, and informed that we were arrested by order of Sr. Davila, official secretary of the governor, for causing a disturbance in the street. A Mexican friend of mine, Don José Margain, with whom I was walking arm in arm, requested me to wait a moment, saying that he would see Sr. Davila, and have us released; but Mr. Margain did not return, and we were taken to the jail. While we were standing in front of the prison, Mr. Adolf Landott, an American, came and offered himself as security for us all, that we would appear the next morning before the alcalde 1st, and answer to whatever charge might be brought against us, which offer, although Mr. Landott is a respectable person, with considerable means, was not accepted. I was then forcibly relieved of the contents of my pockets, excepting twenty-five cents. The other five gentlemen were treated in a like manner, excepting two of the party, who retained their watches. We were then pushed into the yard of the common prison, along with the condemned criminals. I was not long in the place before I had occasion to go into a corner of the yard to urinate, when, without any forewarning, I received a blow over my back with a cowhide, the mark of which remained for several days after the occurrence. At about four o’clock in the morning, Mr. Potter was told to llevar el eaballo, (the prison name for the tub holding the excrement and urine of the prisoners,) which he refused to do, upon which he received several lashes on his back, which tore his coat and lacerated him severely. After this I was also told to go with Mr. Potter, but not understanding what they meant by the “caballo,” I told them I had nothing to do with the horses, when Mr. Kathrens said to me, “for God’s sake, go and see what they want, or they will beat you also.” I then got up from where I was seated, and Mr. Potter and myself were led into a room, (we had been kept in the open yard all night,) and were ordered to lay hold of the large tub containing the accumulated filth of the prison for the twenty-four hours previous. On seeing what they wanted I refused to do the disgusting job, when two severe cuts were at once laid on my back by the officer who had charge of the inside of the jail; so, fearing the consequences, I assisted in doing the filthy work, and we carried the tub to the middle of the prison yard.
At about daylight one of the jailors handed a small broom to Messrs. Kathrens, Potter, Zapffe, and myself, ordering us to sweep the prison yard. I did not sweep so as to suit the jailer, when he struck me two severe blows on my back, which left their marks for several days on my person. I then offered the twenty-five cents which had been left in my pocket to any of the regular prisoners of the jail who would take my broom and finish the job. One of them accepted the offer, and by this means I saved myself from further ill treatment.
Between eight and nine o’clock we were liberated to appear before the alcalde 1st, and while waiting for him to make his appearance I went in search of a lawyer to put our case in proper shape. While I was absent on this errand the other five gentlemen were taken before the alcalde, so I know little of what then took place, other than that when I returned I heard him say to the United States consul and Mr. Landott that they should come in the afternoon and hear his decision. Mr. Landott went at the time appointed, and was told that none of us would be fined, and that he, the alcalde, was very sorry that the affair had taken place.
E. F. LIECHARDT.
Sworn to and subscribed before me.
[seal.]
J. ULRICH, United States Consul.
I, F. H. Potter, a citizen of the United States of America, by profession a merchant, and temporarily resident in Monterey, Mexico, for the purpose of collecting an amount due me for arms sold to the government for the use of the army under General Escobedo, do solemnly swear: That on the evening of April 21st 1868, while on the street, I was met by two friends, E. F. Liechardt and Samuel B. Kathrens, who invited me to their store to take a glass of wine; after doing so we went to the billiard room of a Mr. Zeigler, where we found some other foreigners, among whom were Messrs. Montgomery, Reiss, and Zapffe, and where we were afterwards joined by Sr. José Margain, and other Mexican gentlemen not known to me. This was about ten or eleven o’clock p. m. We then took some champagne, and without unusual noise, other than talking and singing. About this time, Messrs. Liechardt and Kathrens showed some signs of intoxication, but did not create any great disturbance. We then proposed to go home, and as nearly all of us lived in the same direction, we decided to see these two gentlemen to their homes first. We then started, Mr. Kathrens and myself taking the lead. When under the balcony of the governor’s palace, we were halted by a body of policemen; when very near us they cried out the usual “quien vive,” and I, being in the advance, answered “Mexico,” [Page 496] not thinking of being stopped at this hour; we walked quietly along, when the police confronted us. I then asked the chief of the policemen what he wished, and he answered that we were under arrest. I asked him for what offense. He replied “by order of the secretary of the governor.” By this time the rest of the party came up, and on their asking what was the matter, the policeman repeated what he had told me. This took place about one block from the billiard room, and but three or four doors from the store of Messrs. Liechardt and Kathrens. The police felt (or seemed to do so) very reluctant about arresting us, but the only reason given to us for their so doing was that they were ordered to dp so by Secretary Davila. At this time Mr. Margain, who was of the party, stated that, as the secretary was a friend of his, he would go and see him about the matter; so Mr. Margain and the other Mexican gentlemen of the party, and the chief of the police squad, went up stairs into the palace to intercede for us. After about twenty minutes the policeman returned alone, and told us we must go to prison. Our Mexican friends, Mr. Margain and the others, being allowed to go to their homes. We proceeded under charge of the police, without any remonstrance or resistance whatever on our part, as we supposed when we explained the matter to the alcalde, and he found most of our party entirely sober, he would allow us also to go to our homes. On our arrival at the door of the jail we were ordered to enter the hall leading to the gate of the prison yard. We then asked the alcalde why we were there? He replied “by order of the secretary of the governor,” and then in a very insulting manner ordered his men to search our persons. Mr. Liechardt was the first person searched, and, not contented with his delivering up the contents of his pockets, they insisted on being allowed to thrust their hands in. After they had done searching him, they put him inside the door of the prison. On their commencing to search me, I asked as a favor that they would allow me to give them what my pockets contained. At this they became very indignant, insulted me with abusive language, shoved me against the wall, and forcibly thrust their hands into my pockets, taking from me everything but my watch. As I had that evening had an interview with General Escobedo regarding a claim I have for several thousand dollars against the government, I had in my pockets the papers relating to said claim. These papers and my private letters were taken from me, but were returned to me the next morning. Mr. Kathrens was treated in the same manner. At this time Mr. A. Landott, an American citizen, a man of property, established in Monterey, came to the jail, when two of the party were allowed to deposit with him their effects. Mr. Landott then offered to the alcalde that he would be responsible for our appearance before the proper authorities in the morning if they would release us. He answered that this was not possible, as we were sent to the prison by order of the secretary of the governor. The doors of the jail were then opened, and we were in an insolent manner ordered to enter. We were put into the filthy yard of the jail, where were lying around fifty or sixty of the convicts. After we had entered, Mr. Liechardt and myself went to the back part of the yard together, for the purpose of urinating. While doing this, an officer of the prison came up to us from where he was sleeping, and struck Mr. Liechardt a severe blow with what they call a “nervio de toro,” at the same time abusing us with the most insulting words in their language. We then sat down upon a bench, in the rear of the yard, to pass the night as we best could. At about four o’clock next morning the prisoners were called up for their coffee or soup, and when they saw us sitting there, they or, many of them commenced insulting us, by hooting at us and using towards us language which it is impossible for me to express in any but their own language. After finishing their coffee or soup, they gathered about us, when a man whom they call the “president of the prison” came to me, as I was sitting first on the bench, and ordered me to go and “llevar el caballo.” Mr. Liechardt, who was sitting next to me, not understanding what he wanted, told him “we don’t wan’t any horse.” At this the prisoners commenced again insulting us. He then repeated his order to me; I replied that I did not understand him. He then repeated his order several times, and to each repetition I replied “no, Señor.” He then went to a room in the jail and returned with a whip (nervio de toro) in his hands. This proceeding was again greeted by the shouts and jeers of the convicts. He repeated his order, and then, on my again refusing to obey, he said “if you won’t go I will make you,” and then commenced beating me on the shoulders and back very severely. He again repeated his order, adding “will you go now?” To which I again replied “no, Señor.” I then asked my companions if I should go, and they answered no. I did not move. He then again beat me, the marks of all these blows being visible on my person for over two weeks. About this time some of our party said I should go, or the next blow might be over my head. I then started, this fellow walking directly behind me, with his whip in such a position as to enable him to use it with facility. Mr. Liechardt followed, seeing that it would be folly to refuse anything demanded of us. We passed into one of the cells, and were there shown what the “caballo” was—a barrel containing the filth of the prisoners of the previous day, which emitted a sickening stench. On Mr. Liechardt’s entering the cell where this vessel was, becoming sick from the effluvia, he walked in slowly with his hand to his nose, seeing which the man gave him a severe blow with the whip to hurry him up. We were then ordered to take the barrel and carry [Page 497] it to a corner of the yard, which we did. After we had put the barrel in the corner Mr. Liechardt remonstrated against this treatment, when he was again beaten severely. After this, they brought some brooms and ordered us to sweep the yard. We did not refuse to do this, but went to work as best we knew. At this point another official made his appearance, and with whip in hand seemed watching for an opportunity to use it. Mr. Liechardt it seems did not use the broom so as to please him, when he was again beaten upon the back. During all this time we made no reply to the insulting language which was applied to us. At about seven o’clock we wrote a note to the United States consul here, asking him to have us released if possible, as we were in constant fear that something worse would come; and it was with great difficulty that we could get a messenger to carry our note. At about eight o’clock we were released from the jail, through the influence of the consul and other friends, (foreigners.) We were, at about ten o’clock, taken before the “alcalde primere,” who came into the court room, and, seating himself with much dignity, and without the public hearing of a single witness, stated that we had been guilty of creating a “scandalo” in the streets, and that we should pay a fine of ten dollars each, and at once called his secretary to record our names and the fine. Upon being asked where his proofs were that we had created a “scandalo,” he said his proof was furnished by Mr. Davila. official secretary of the governor. The consul then requested that the witness should be brought into court. The alcalde answered that this could not be done. At this time it was told to the alcalde that four of our party were entirely sober when arrested. He then asked who were the parties intoxicated, and was told that Messrs. Liechardt and Kathrens had been slightly in that condition. He then said he would remit the fine of the four who were guiltless of any offense; but on being informed of the treatment we had been subjected to in the prison, he also remitted the fine of the other two. We then, having obtained the service of a lawyer, carried the matter before the jurez de detras, where the case now is.
F. H. POTTER.
Sworn to and subscribed before me.
[seal.]
J. ULRICH, Consul.
I, Henry Reiss, a citizen of the United States of America, residing and doing business as a carriage manufacturer in the city of Monterey, Mexico, do solemnly swear: That on the night of the 21st of April, 1868, between the hours of ten and eleven o’clock, I was in the billiard room of Mr. Zeigler playing a game of eucher, in company with Mr. Zapffe, Mr. Montgomery, and others. While so engaged, Messrs. Liechardt, Kathrens, and Potter came in, and Mr. Liechardt invited us to take some champagne with them. On our refusing, he insisted, stating that as he had received good news, of much value to him, we must drink with him. We then took some champagne and were joined in doing so by Señor José Margain and some other Mexican gentlemen. After this Mr. Liechardt asked us to accompany him home, which, with the rest of the party, we did. When under the balcony of the palace, and a short distance from the store of Messrs. Liechardt and Kathrens, we were halted by some policemen, in the usual manner, when I responded to their demand of “quien vive,” “Mexico,” and then told them we were Americans. The police then told us that they had orders from the governor to arrest us. I also asked them if they did not know me, to which they answered, “Yes, we know you all.” We then asked the cause of our arrest, and were told by the police that they knew nothing about it. At this time one of the policemen started to go to the palace, in company with Señor Margain, leaving the rest of us in the street in charge of two policemen. Mr. Margain did not return. The policeman returned after a short time, and told us that he could do nothing, as the governor was not at the palace, but that he had spoken with the governor’s secretary, Señor Davila, and that he had ordered him to take us to the prison and treat us with rigor. The Mexicans who had been along with us were allowed to go to their homes. We were then marched to the prison, and stopped at the entrance, or “saguan,” and there searched, and our property taken from us. After this we were put into the yard of the prison, with over sixty criminals of every grade of crime, with whom we had to pass the night, subjected to all sorts of insults. Immediately after our entrance into the yard of the prison, Mr. Liechardt went to a gutter in a corner of the yard to urinate, when he was struck a severe blow with a whip, called “nervio de toro,” by one of the officers in charge of the inside of the prison. We passed the night as well as we were able under the circumstances. At about four o’clock next morning they ordered two of our party to clean the privy, and on their refusing to do it they were beaten by the officer so severely as to retain the marks for several days on their persons. We were then ordered to sweep the yard, and some of our party, not sweeping to please them, were again beaten. There was no resistance made by any of us to the arrest; neither had there been any hallooing nor disorderly conduct by any of us while in the street. There were only two of the party at all under the influence of liquor, one of them perfectly “at himself,” the other considerably intoxicated, but neither of them disorderly. The other four were perfectly [Page 498] sober, and we were walking along conversing in an ordinary tone. I was in the rear with Mr. Montgomery, and if there had been any unusual noise I would have heard it. In the morning, when we were brought before the alcalde 1st, he stated that we had been guilty of creating disturbance on the street, and that he came to sentence us, not to try us. That he had just been to the palace and heard there all the particulars, and therefore would sentence us to pay a fine of ten dollars each. We remonstrated against this summary proceeding, claiming that as we were guiltless of making any disorder we should not be punished, and asked him to produce his witnesses in open court. He said he had all the facts from Señon Davilo, official secretary of the governor, and that he could not compel him to appear and testify. We then satisfied him of our innocence, and he remitted the fines as to four of us, and subsequently of the other two. His attention was then called by the United States consul to our bad treatment in the jail, when he stated that we could obtain redress for all our grievances in the courts. We made no noise in the streets before our arrest. We made no resistance to the arrest. We had no quarrel with the convicts in the prison. All the whipping was done by officials of the jail.
HENRY REISS.
Sworn to and subscribed before me.
[seal.]
J. ULRICH, United States Consul.
I, J. P. Montgomery, a citizen of the United States of America, resident in Texas, a stock-raiser by profession, now trading in arms in the city of Monterey, and having some time since furnished arms to the republic of Mexico, do solemnly swear: That between the hours of ten and eleven, on the night of the 21st April, 1868, I was in Zeigler’s billiard room, in company with Messrs. Reiss, Zapffe, and others, playing a game eucher for amusement. While so engaged, Messrs. Liechardt, Kathrens, and Potter entered the establishment, and invited us to take some champagne with them, which at first we refused. Mr. Liechardt then insisted that we should do so, stating that he had received some good news, worth over $3,000 to him, and that we must join him in celebrating the event. We then joined him in drinking some champagne, and he then requested us to accompany him to his home, which we all proceeded to do in company with some Mexican gentlemen of the party. When at the governor’s palace, not seventy-five yards from the store of Liechardt and Kathrens, we were halted by some policemen in the usual manner, when Mr. Reiss, who was walking with me, (we being in the rear of the party,) answered to their challenge of “quien vive,” “Mexico.” They then said something else, which I did not understand, to which he responded, “Somas Americanos.” The police then told us that they had orders from the government to arrest us. Mr. Reiss then asked him if he did not know him. He answered that he knew all of us. We then asked why we were arrested, to which the police answered that they did not know the cause of the arrest. At this time one of the police, in company with Dr. Margain, one of our party, who had also partaken of champagne with us, left the balance of us on the street in charge of the policemen until their return. Soon afterwards the policeman returned and told us he could do nothing, as the governor was not in the palace, but that he had talked with the governor’s secretary, and that he had ordered him to put us in prison and treat us with rigor. The Mexicans who were with us, however, were allowed to go to their homes. We were then taken to the jail and placed in the “saguan,” a front entrance, where the whole party were searched, and all that they had forcibly taken from them. Nothing was taken from me, as I had nothing valuable about my person. They then put us into the open yard, inside of the prison, where were some sixty or more convicts, murderers, and robbers of every grade, and vermin innumerable, and in this yard and in such company we passed the night, subject to jeers and insults of every kind. Immediately on our entrance into the prison one of the party went into a corner of the yard, where there is a gutter, to urinate, when one of the officers in charge struck him a severe blow with a whip called “nervio de toro.” We passed the night as we could, not trying to sleep, as we did not know what might be done to us if we did by the wretches by whom we were surrounded. The next morning, at about four o’clock, they called on two of us to clean the privy, which they at first refused, but were compelled to do it by the officer in charge, who beat them severely for their first refusal. The marks from this beating remained on their bodies for several days. We were then put to sweeping out the yard of the jail, and when this work did not suit them they again lashed some of the party. When the arrest was made there was no hallooing or noise, nor did I hear any of the party making a noise on the street during the night. There were only two of the party at all under the influence of liquor, and of these one was perfectly at himself. The other was considerably intoxicated, but made no noise whatever on the street. The other four were perfectly sober, and we were going along conversing in an ordinary manner. I was some distance in the rear of the party, with Mr. Reiss, and I heard no noise coming from those in front. In the morning, when we were brought before the alcalde 1st, he commenced by stating that he did not come to try us, but to sentence us for creating a “scandalo” on the [Page 499] street. That he had been to the palace, and had heard the particulars of our case, and that he would, therefore, fiue us. ten dollars each. Against this we remonstrated, claiming that as most of us were innocent he was doing us great injustice. We then demanded that the witnesses should be produced to prove the charges against us. These witnesses were not produced. On our satisfying him that most of us were not guilty of having been drunk, he remitted the fine as to four of us, and afterwards remitted also the fine of the other two.
J. P. MONTGOMERY.
Sworn to and subscribed before me.
[seal.]
J. ULRICH, Consul.
I, L. P. Zapffe, a native of Norway, resident over ten years in the United States, now living and doing business as a watch-maker in the city of Monterey, do solemnly swear: That on the night of the 21st of April. 1868, I was, in company with others, in the billiard room of Mr. Zeigler, in the city of Monterey, playing a game of eucher for amusement. While so engaged, Messrs. E. F. Liechardt, L. B. Kathrens, and F. H. Potter entered, and asked us to join them in partaking of some champagne, which we did, and were afterwards joined by Don José Margain and other Mexicans whose names I do not know. While doing this none of us were disorderly, nor made any noise other than would usually take place under such circumstances. It being between ten and eleven o’clock, it was proposed we should go to our homes, and as we all lived in nearly the same direction, we (Messrs. Liechardt, Potter, Kathrens, Montgomery, Reiss, and myself, and the Mexicans who were with us) started to do so, and while on the street made no noise or other disturbance other than talking, and that not in a noisy manner. When under the balcony of the governor’s palace we were saluted with the usual “quien vive” by a squad of policemen, to which one of our party answered “Mexico.” They then drew their sabers, ordered us to halt, and the one who appeared to be in command told us that he arrested us by order of Señor Davila, secretary of the governor. By this time the rest of the party came up, and were told the same. Mr. Margain, who was included in the arrest, then said that, as he was a personal friend of Señor Davila, he would go up stairs and try to have us released. The chief of the squad of police and the other three Mexicans accompanied him, leaving us in the street under the charge of the remaining policemen. After about twenty minutes the policeman returned (without the Mexicans of our party, who had been allowed to go to their homes) and told us that the secretary had ordered him to take us to jail. Without any resistance whatever on the part of the six of us (foreigners) who remained, we went to the jail, hoping that when the alcalde in charge of the prison saw that most of us were sober he would release us. On our reaching the prison we asked the alcalde why we had been arrested, when he answered in a very insolent manner, that we had been sent to prison by order of the secretary of the governor. We were then searched, and all we had about us taken from us, excepting the watches of two of the party. The searching was done in a very rude and violent manner. At this time Mr. Landott, a man of property, doing business in Monterey, and well known, made his appearance, when two of our party were allowed to deposit their property in his hands. Mr. Landott then offered himself as security for the appearance of all of us to answer any charges that might be made against us in the morning. This was refused by the alcalde, he stating that, as we were sent to prison by order of the governor’s secretary, he had no power to release us on bail. We were then ordered to enter the prison, and were placed inside of the yard where were confined fifty or sixty of the convicted criminals of the state. Two of our number, Mr. Liechardt and Mr. Potter, went to the gutter in the yard to urinate, and while so engaged a man jumped from his bed and struck Mr. Liechardt a severe blow on his back. We then seated ourselves on a bench in the yard to pass the night. We sat there, very cold and uncomfortable, until about four o’clock in the morning, when the convicts were called to take their soup or coifee. When they saw us, they commenced insulting us in the most disagreeable manner, using towards us the most obscene and filthy words of their language. To all this we made no reply, as we feared from their number we would be very roughly handled if we did so. This was continued until an officer, called the president of the prison, made his appearance and ordered us to “llevar el caballo.” Mr. Liechardt, not understanding what was meant by this term, answered that he had no horse. At this the convicts again commenced hooting at and insulting us. The official then addressed Mr. Potter, who sat first on the seat, who told him he did not understand him. The demand was repeated several times, Mr. Potter answering always “no, Señor,” when the official drew from under his blanket a whip (“nervio de toro”) and struck Mr. Potter very severely across the back and shoulders, all of which was repeated three or four times more. We then advised Mr. Potter to go, as we feared any further refusal would be still more severely treated. At this he arose to go to the place pointed out, and Mr. Liechardt was ordered to accompany him. They then went inside of a room and found a large tub filled with the filth of the prisoners, which they were told to carry out. While these two were in the room [Page 500] I heard several blows, and afterwards saw Mr. Potter and Mr. Liechardt carrying the tub across the yard. While they were passing behind the “tanke,” near the “comun,” I heard the official cursing these gentlemen, and also heard other blows administered. Soon after this another official made his appearance and ordered us to sweep the yard. We complied with this order, the man in charge standing behind us with a whip. Mr. Liechardt, not sweeping to suit him, was struck several times. There was no row between us and the convicts; we endured their insults without a word. The beating was all done by officers of the prison. At seven or eight o’clock we were allowed to go outside and wait until we should be heard by the alcalde 1st, and at about ten o’clock we were taken to his court. This gentleman then, without hearing a witness, told us that he came to sentence us for creating a “scandalo” on the street, and that he would fine us ten dollars each. He was then asked to produce the witnesses. He said the secretary of the governor was his witness, and that he could not compel him to appear. We objected to the fine as unjust. He then asked if none of us were drunk. The reply was that two, Messrs. Liechardt and Kathrens, had been, but that no one had been disorderly. He then said that he would only fine these two, and afterwards withdrew this sentence. The American consul then called his attention to the treatment we had received while in jail, when he sent for the parties who had ill-treated us, the alcalde, the “presidente del carcel,” and the chief policeman who made the arrest, and after hearing their statements told us he regretted the treatment we had received, and that we could get redress in the proper courts.
L. P. ZAPFFE.
Sworn to and subscribed before me.
[seal.]