Mr. Secretary: Referring to the communication
which I addressed to you on the 12th ultimo, I have the honor to send
you a copy of the decision pronounced by the circuit court of Chihuahua,
on the 20th of that month, in the case of James Burnett, an engineer on
the Mexican Central Railway, who was charged with homicide. This
decision affirms the one whereby the district judge declared that it was
proper for proceedings against Burnett to be suspended, and brings this
case to a close, releasing the accused unconditionally.
Be pleased to accept, etc.
[Inclosure.—Translation.]
Copy of the decision pronounced by the circuit
court of the State of Chihuahua.
Chihuahua, December 20,
1887.
[A seal containing the words “Circuit Court,
Chihuahua.”]
In this criminal case, in which proceedings have been instituted
against James Burnett, charged with the homicide of Cornelio Rivera,
an examination having been held of the action taken by the judge of
the ordinary court for the elucidation of the facts, and whereas it
appears, in the first place, that James Burnett, the railway
engineer, on one of the trips made by him from Paso del Norte to
this city, found, on arriving at the station, that the body of
Cornelio Rivera was on the cow catcher of his engine, whereas it
appears that, several witnesses having been examined, it was proved
that the aforesaid engineer was hot aware that his engine had struck
any one until he reached his destination; whereas it appears that
Rivera’s relatives state that the deceased left his home at a very
early hour in the morning for
[Page 1259]
the purpose of cutting wood, and that there
was no evidence of any hostile feeling between him and the engineer,
and no reason to believe that the latter intentionally committed the
homicide in question; whereas it appears that the death of Cornelio
Rivera was accidental, and that it took place under circumstances
furnishing no evidence of guilty intent; and whereas the judge of
the ordinary court was fully competent to hold the preliminary
proceedings in this case, since his action has been approved by the
district judge; and whereas the accused was released on bail, and
although he was afterwards sought for by the police this was owing
to the fact that his bondsman had withdrawn the bail which he had
furnished; whereas, finally, no evidence of the commission of a
crime having been shown, it was proper for proceedings in this case
to be discontinued; now, therefore, in view of article 18 of the
constitution, and of act 26, title 1, page 7, the decision
pronounced in this case by the lower court, ordering a
discontinuance of proceedings in this case, should be, and hereby is
affirmed. Let notice hereof be given, and let the papers relating to
this case be laid before the supreme court of justice of the Union,
for the proper legal effects.
So ordered and signed by the citizen judge of this circuit.
We certify: J. Jacobo Rojas (flourish); Carlos Castro, witness in
attendance (flourish); Jesus Oviedo, witness in attendance
(flourish).
I certify that the foregoing is a true copy. (Signed) J. Jacobo
Rojas, Chihuahua, December 21, 1887. Carlos Castro, witness in
attendance, Jesus Oviedo, witness in attendance.
A true copy.
C. Romero,
Secretary.
Washington, January 4,
1888.
