[Inclosure
I.—Translation.]
The Minister of Foreign
Affairs to Ambassador Clayton.
Department of Foreign Affairs,
Mexico, April 28, 1905.
Mr. Ambassador: Referring to your
excellency’s note, dated the 10th of March last, relative to the
case brought against the persons supposed to be guilty of the murder
of J. C. Maxwell, J. B. Maxwell, and Enoch Woodworth, I have the
honor to transmit to your excellency herewith a copy of a
communication addressed to me by the governor of the State of Sonora
informing me of the status of said case.
I renew, etc.,
[Subinclosure.—Translation.]
The Governor of the State of
Sonora to the Secretary of Foreign
Affairs.
Hermosillo, April 18,
1905.
I have the honor to refer to your courteous note, No. 1078, issued
out of the section on America, Asia, and Oceania, dated March 17
last, in which you were pleased to transmit the one of the 10th of
the same month addressed to that department by the ambassador of the
United States, relating to the explanation of certain reports of a
previous date with respect to various points of the case instituted
before the court of first instance of Moctezuma against the parties
charged with the murder of J. C. Maxwell, J. B. Maxwell, and Enoch
Woodworth.
As stated in my report to you, dated March 24 last, a certified copy
of all the proceedings in the case was asked from the court of
Moctezuma, from which it appears, as stated in my note of July 6,
1904, that up to that time Jose Muñoz or Bencomo, Mariano Gaxiola,
Alberto Galindo, Teodoro Carbajal, and Francisco Mendoza have been
arrested as the parties supposed to be guilty of the crime; that the
necessary judicial proceedings having been instituted, all
presumptions of guilt against the three last-named persons were
dismissed, and the same were confirmed with regard to the two first
prisoners, for which reason, on July 12, 1904, an order of formal
imprisonment was issued against the latter and one of release in
favor of the former; that the court ordered transfer of prisoners
Muñoz and Gaxiola to Valle de Teras for the purpose of instituting
various proceedings at the place of the occurrence, and to that end
the prisoners were delivered to an escort furnished by the
prefecture of the district, and while on the road, during the night
of August 2, 1904, both prisoners attempted to escape, the escort
being compelled to prevent such action by firing upon the prisoners,
causing the death of Muñoz, though Gaxiola succeeded in getting away
by jumping into the river, which was then very high, and, while he
was pursued with all activity, it was not possible to rearrest him,
but the proceedings having been continued, some data have been
disclosed against Jesus Lopez Trujillo and Lino Chavez, causing the
presumption that they are guilty of the two crimes to which the
prosecution refers, for which reason orders were issued for their
arrest, although the same has not been effected up to the present
time; and as efforts have also been made to secure the rearrest of
Mariano Gaxiola, the present status of the case is that of waiting
for the arrest of the aforesaid individuals in order to proceed with
the proper trial; that from the investigation that has been made
there appear no data of guilt against any other persons, as Jose
Muñoz, whose guilt was sufficiently well founded, perished in the
manner hereinbefore stated.
I renew, etc.,
- Rafael Izabal.
- Alberto Cubillas,
Secretary.
