File No. 319.1123 L25/19.
The comparatively small number of witnesses thus far examined by the
Panaman authorities in the matter is noticeable. With reference to
my request regarding the police force the response is most meager,
and I shall again request the full list.
Señor Lefevre has stated to me that he was arranging so that a
representative of our Government chosen from the military
authorities may be present at the further investigations and any
prosecutions which may follow, with right to take part therein. He
requested me to have General Edwards, Military Commander of the
Canal Zone, designate some one, and stated that within a few days he
expected to have the Attorney General of Panama go over with us the
proceedings thus far followed and submit their plans as to the
future. Upon the return of General Edwards this week from Costa Rica
I shall submit Señor Lefevre’s proposition to him for his decision
as to whether the military cares to share the responsibility with
Panama in the matter of the prosecutions in order to obtain more
definite assurance by representation therein of the good faith of
the efforts of the Panaman officials.
I should be glad to have expression of the opinion of the Department
upon the policy involved in the matter.
[Inclosure—Translation.]
The Secretary for Foreign
Affairs to Minister Price.
S–8057.]
Foreign Office,
Panama,
September 30,
1915.
Mr. Minister: I have the honor to refer
to the courteous note No. 217 from your excellency, of the 4th
instant, bearing on the events which took place in Colon last
April 2.
Although, as I told your excellency in my former note, according
to our judicial code the report ordered by the judicial
authorities is of a private character, nevertheless the Superior
Judge of the Republic has told me that, as a courtesy to your
excellency’s Government, he will submit to you all the
information possible, and we are trying to find the way within
our laws for the Government of the United States to have
representation in those judicial matters in which her citizens
play a part.
I have been able to obtain almost all the information necessary
to reply to the questions of the last two notes of your
excellency, which I now proceed to answer in the following
statements:
1. No writ of procedure against any person has as yet been
issued, due to the fact that this affair is in the stage of
investigation; when this is concluded the Superior Judge will
issue his writ of procedure, if there is occasion for it. As
regards the tardiness of the whole case, it is right to take
into consideration that it deals with fixing the
responsibilities for various crimes; that is, not only for the
death of Corporal Langdon of the American patrol, and for wounds
to different soldiers, among them James Deloughery, but also for
the wounds suffered by various Panamans and some foreigners, and
other crimes in connection with these, such as the damage caused
to the property of Benigno Palma. This circumstance, together
with the delays required by our codes, justifies in part the
delay.
2. The policeman is provisonally detained on account of the
complaints against him made in declarations taken before the
American military authorities. It is for the Superior Judge to
decide about his detention.
3. As stated above, before the Superior Judge decides on a writ
of procedure against any person, it is necessary that the
investigation be concluded. The
[Page 1216]
Attorney General has promised that this
shall occur with the least possible delay.
4. I enclose a list of the witnesses up to date who have given
testimony in the case10 and I shall be glad if your excellency will
send me the names of the witnesses which the American military
authorities have ready to testify before our judicial
authorities, as you told me, in order that the prosecuting
attorney may present them to the superior judge and they may be
able to testify.
5. I also enclose a list of the members of the police force who
served in the streets of Colon where the disturbances took place
on April 2.10
6. The Mayor of Colon who held the first investigations is Manuel
de J. Grimaldo; he was appointed to this position by the
Governor of Colon, Ruben Arcia.
7. Miguel A. Grimaldo, as Judge No. 1 of the Colon Circuit, at
the designation of the Superior Judge of the Republic, conducted
the investigation at the start; but when he became Judge No. 3
of the Panama Circuit, the new judge of the Colon Circuit,
Gerardo Abrahams, also designated by the Superior Judge,
continued it. The Superior Judge is J. Demosthenes Arosemena;
the Attorney General, Chief of the Department of Prosecution, is
Alfonso Fabrega.
Under the terms of the Panaman Constitution, all the judges are
named by the Supreme Court; the prosecuting attorneys by the
President.
8. The judge of the case, as has been stated, is the Superior
Judge of the Republic and, for the second instance, for appeal
or consultation, the Supreme Court.
I shall not close without telling your excellency that when it
has been settled in what manner the United States Government
will have representation in the case, you will be convinced that
everything is being carried on with all possible fullness and
justice, and the prosecuting attorney, who not only has the duty
to prosecute but also to show up the truth whatever it may be,
has genuine interest to see justice given in this case, which my
Government is the first to deplore; and we are all anxious to
cooperate so as to avoid a repetition of such events.
I take [etc.]
