Mr. Hanaberg to Mr. Sullivan.
Sir: I consider it my duty to inform you that the final trial of the persons accused of complicity in the assassinations of the officers of the steamers Rayo and Colombia took place on the 8th instant, before the judge of the province, and a jury of five persons, and they were found to be not guilty, and, consequently, discharged from custody.
A few days previous to the trial, I was summoned before the judge to answer the following question, proposed by the counsel for the prisoners, viz: “If the witness Peñaredenda had not furnished me with copies of his evidence in relation to the assassinations, and if I had not afterwards given to the said Peñaredenda a letter recommending him for employment to Panama Railroad Company at Aspinwall.” On answering the summons, I stated what had occurred as follows: That on the night of the murder Mr. Peñaredenda had informed me that he was present at the hotel Bolivar, and saw all that occurred, at the same time showing me his clothing, stained with blood. Some two months afterward, having received instructions from the United States minister at Bogota to investigate the matter, and meeting Mr. Peñaredenda in the street, I asked him if he had any objection to give me his testimony; to which he replied, that he had come to the city to give his testimony before the court, and could furnish me with a copy of the same. I then told him that I should apply to the President of the State for a copy, but in case I should not obtain it through that source, I requested Mr. Peñaredenda to call at my office after he had given his testimony. Several days after this Mr. Peñaredenda called upon me, bringing the copies of his testimony given upon two occasions before the judge. I told him that, having received a copy of his first testimony through his excellency the President, I did not require any from himself, but fearing I might not receive a copy of the second evidence through the same source, he might leave me the one which he had brought, which he did.
That same day, after this, Mr. Joaquin Velez, of this city, sent me, per Mr. Peñaredenda, a note, in which he requested me to give the said Peñaredenda a letter of recommendation to the officers of the Panama Railroad Company. At the same time Peñaredenda informed me that he considered his life was endangered by remaining in this city, on account of his having testified as to what he knew in relation to the assassinations; he had determined to go to Aspinwall and seek employment there. I [Page 1064] conseuently gave him a letter to a friend connected with the railroad company, merely stating why Mr. Peñaredenda left this city.
On the day of the trial I was summoned to attend the same as one of the witnesses, and after the testimony had been read to the jury, the judge inquired of the procurador general if he wished to examine any of the witnesses, to which the procurador replied, that he wished to examine myself. He then put to me the question: “Do you know who committed the assassination of the Americans?”
This question took me by surprise, and I answered that from personal evidence it was impossible for me to know who committed the murder, as I was hot present; but by reference to the testimony of others, the parties who were under accusation appear to have been at least accomplices in the case. I was then asked from whose testimony I derived this opinion. I answered, from that of the persons who had witnessed the murder—such as Mr. M. A. Cronoz, Mrs. Antonio Gallardo, &c. The counsel for the defense then called for the reading of the testimony of those witnesses, after which, I am sorry to say, no further questions were put to me, as I should have stated to the court that those same witnesses had told me, that out of fear of, and consideration for, the prisoners, they had not testified before the court to all they knew and had seen.
In summing up, the procurador general said to the jury, that he could not, upon the evidence, ask for a conviction of the accused, and it remained for the jury to say if they were entirely free from guilt.
The counsel for the prisoners made a strong appeal to the patriotic sentiments of the jury, and was applauded by the audience.
He assured the jury that there need be no fears of any international question in the matter, as there was no room for foreign intervention. He also assured them that the evidence of Mr. Peñaredenda was worthless; that it was formed as a “speculation,” as proved by the fact of my having given him a letter of recommendation. This was disputed, however, by the attorney general.
Consequently, this affair terminated as everybody had anticipated. It may be admitted, that by the evidence presented the accused could not be said to be the persons who committed the murder, but certainly there was proof of their complicity.
During the last week the government of the State has published the discovery of a plan of revolution against the present authorities, and a decree has been issued by the governor of the province, the provisions of which are of such an arbitrary character as should be called for by a state of actual war.
However, the President of the State has stated that it does not apply to foreigners.
Inclosed is a copy of the decree.
The United States steamer Marblehead sailed from this port on the 3d instant.
I have the honor to be, sir, your obedient servant,
Hon. General Peter J. Sullivan, United States Minister Resident, Bogota.