Royal
Spanish Legation,
Washington, November 28,
1895.
You will see by it that the report I have received gave me sufficient
ground to apply to you as I have done.
Please accept, etc.
[Inclosure.]
Mr. Congosto to
Mr. Dupuy de Lôme.
Philadelphia, November 28, 1895.
Dear Sir: Referring to the search and
failure to obtain any evidence concerning the schooner J. W. Foster, which had been suspected of
carrying goods in the interests of the Cuban insurgents, I beg to
call your attention to the circumstances under which this vessel
left the port of Philadelphia, as follows: She was towed out of the
port of Philadelphia about 3 o’clock on the afternoon of Thursday,
the 21st instant, with a cargo of coal, part of which cargo was
bituminous coal and part anthracite coal, cleared for Fort Tampa,
Fla., and taken as far as Newcastle, on the Delaware, where the tug
left her and she dropped anchor. At the time this vessel left the
port there was a wind blowing such as would have been sufficient to
have warranted her in continuing to the capes and setting sail for
her destination, and that wind continued all of that afternoon and
night. I sent a tug down to Newcastle that night after I had learned
that the Foster had sailed, and found her
anchored as described above; and during the evening a tug, which was
then lying at Newcastle, showing to have a cargo of something on her
forward deck, covered over, and which caused her to lie deep in the
water forward, pulled out and went alongside of the Foster, remaining there for four and one-half
hours. While she was there, there was work going on which could be
seen, and something was being done between the two boats. At 12.30
a.m., Friday, the 22d instant, the tug left the side of the vessel,
went out with her towline and towed the Foster to a point near the breakwater and there left
her.
[Page 1207]
On Friday morning the custom-house officials’ attention was called to
this vessel, and that afternoon, about 2 or 3 o’clock, one of the
evening papers—the Evening Telegram—published an account of it,
clipping of which is inclosed. According to the newspapers the
custom-house officials did not board the Foster until after midnight Friday. There was nothing to
prevent the master of the Foster being
notified as soon as it was learned that action was to be taken
against her and have her relieved of these goods which were placed
upon her the night before, several hours prior to the arrival of the
custom-house officials. There is no doubt in my mind but this vessel
had goods on board of her, as there seems to be no reason why she
would have remained at Newcastle as she did, and I believe that the
failure on the part of the custom-house officials to find anything
on board of her was owing to the publication of what was to have
been done so many hours in advance of the action taken. She was
anchored at a point near the breakwater, where it would have been an
easy matter for her to have dropped overboard the goods which she
had taken on board or to have transferred them to a tug.
Yours, respectfully,
Jose Congosto,
Consul for Spain.
