No. 398.
Mr. Frelinghuysen to Mr. Valera.

Sir: I have the honor to inclose herewith, for your information, a copy of a report from G. Bowne Patterson, United States district attorney at Key West, to the Attorney-General, under date of the 12th instant, relating to the forfeiture of the schooner Shavers and the cases of Emilio Diaz, Patrick Berry, and Bruno Alphonzo, all bearing upon the subject of Cuban expeditions.

Accept, &c.,

FRED’K T. FRELINGHUYSEN.
[Inclosure.]

Mr. Patterson to Mr. Brewster.

Sir: I have the honor to report that the United States district court for this district commenced its regular session here on the 16th ultimo, and on the 17th I brought to a hearing the case of The United States versus The Schooner Shavers, against which I had filed two “libels of information” for forfeiture; one for forfeiture under the neutrality laws, Section 5288 Revised Statutes, the other for proceeding on a “foreign voyage” in violation of Section 4337 Revised Statutes; on the 19th concluded the hearing, and on the 5th of July the district judge (Locke) decreed the schooner forfeited to the United States.

On the second day of the term I also filed, by leave of court, information (criminal) against Emilio Diaz and Patrick Berry, who had previously been arrested on the return here of the schooner Shavers, from Cuba, and had a hearing before the United States commissioner, and Berry held under bond for trial, and Diaz discharged. I found out that he was the one who prepared the means of the Aguero expedition, hired the vessel, and managed the whole business.

I also had one Bruno Alphonzo arrested on the 17th ultimo, having evidence of his having been one of the Aguero expedition, and had returned to this place from Cuba disguised.

Patrick Berry having failed to appear, an alias capias was issued, and judgment entered against his bondsmen for $529.69, amount of bond and costs, and on the 5th instant the amount was collected and paid into the registry of the court.

On the 1st instant Emilio Diaz was tried and convicted, and on the 5th was sentenced by the court to pay a fine of $500 and be imprisoned for a period of eight months. On the 1st instant Clinton Shavers, the owner of the schooner Shavers, was indicted, by the grand jury for violating the neutrality laws, and arrested and placed under bonds, and upon the case being called for trial it was continued, on motion of the defendant’s attorney, by order of the court.

On the same day the grand jury indicted Carlos Aguero, the commander of the expedition, and I had a capias issued and placed it in the hands of the marshal, instructing him to hold it and to arrest Aguero if he should return within this district.

Case of Bruno Alphonzo was continued, and he placed under bonds.

[Page 520]

The forfeiture of the schooner Shavers and the arrest of her owner, and the conviction of Diaz, the manager of the Agüero expedition, and the activity and vigilance of the officers here have thoroughly convinced these people of the earnestness of the Government to enforce its neutrality laws, and I feel fully satisfied that there will be no further attempts in this district to organize expeditions in the interest of the Cuban revolutionists, at least for some time to come.

I am, &c.,

G. BOWNE PATTERSON,
United States Attorney.