No. 773.
Mr. Bragg to Mr. Bayard.

No. 6.]

Sir: Last evening I received your instruction, No. 270, of 27th ultimo, addressed to Mr. Connery, and relative to the arrest of Oliver Woods, at Ventanas, Durango, and I to-day wrote a note to Mr. Mariscal, copy of which I inclose. My presentation of this matter I hope will meet with your approval.

I will promptly forward to you any information the Mexican Government may furnish.

I am, etc.,

Edwd. S. Bragg.
[Inclosure in No. 6.]

Mr. Bragg to Mr. Mariscal.

Sir: I have the honor to advise your excellency of a recent dispatch from my Government, expressing increased solicitude for the personal safety of Oliver Woods (Don Bull), an American citizen residing at Ventanas, State of Durango. This man was the [Page 1144] subject of a note to your excellency under date of February 18 last from Mr. Connery, chargé d’affaires of this legation at that time, and in reply to which your excellency was pleased to respond, conveying the gratifying intelligence of instructions from your excellency’s Government to the governors of the States of Sinaloa and Durango respectively, as follows:

“I have just received your note.* * * I at once communicated with the governors of the States of Sinaloa and Durango, requesting by telegraph that in case the said Woods had been apprehended, they should take care that he be tried under all the guaranties granted to the accused by the constitution and the laws,” and also the reply thereto from the governor of Sinaloa, as follows: “I will bear in mind the request you are pleased to make to the effect that, in case the American, Oliver Woods, is arrested, he may be tried under all the guaranties which the constitution and the laws grant. I have so advised the prefects of Cosalá and San Ignacio, where the pursuit is prosecuted of the dispersed remnants of Bernal’s band.”

But this legation is without information as to the action taken by the governor of Durango in response to the instruction.

The advices now received inform me that Mr. Woods was arrested on the 6th day of January, 1888, at Ventanas, Durango, and taken into custody by the military; that application was made to the power having him in custody for his retention and trial in the State of Durango, which was refused, the refusal being accompanied by the declaration that the prisoner would be conducted to the city of Mexico for trial; and upon the same day (as it was given out) the prisoner started under military guard for this city, and since which time no information has been received by my Government, or at this legation, of his whereabouts. Mr. Woods is represented as being an old gentleman of exceptionally good character, and of a quiet and inoffensive disposition.

The charge upon which he was arrested is supposed to be “complicity with the bandit Bernal in the various murders committed and outrages perpetrated by him and his band of brigands,” a charge so much at variance with the course of the whole life of Mr. Woods, and so repugnant to his character, that its truth seems highly improbable, to say the least.

My Government has no desire to shield him from the fullest punishment for his crime, if he be guilty, and only interests itself to the end that his trial be as speedily had as may be consistent with a full opportunity given him to produce such evidence as he may have to establish his innocence of the grave charge made against him, if he be in fact innocent and that he have humane treatment pending his being in custody and trial, all of which my Government is assured he will receive upon the direction of your excellency’s attention to the case.

I am directed to express to your excellency that the increased anxiety of my Government in this case does not arise from any fear or distrust of the action of the Federal Government of Mexico, but measurably from the lack of response (so far as my Government is advised) by the governor of the State oi” Durango to the instructions given as seated in your excellency’s note hereinbefore referred to, and from the total lack of information as to what has been done with the accused since his arrest and departure from his home, in close custody, on the 6th of January, 1888, as hereinbefore stated.

And it is only to prevent the possibility of any misadventure befalling Mr. Woods before his trial that I am directed by my Government to inform your excellency of its increased apprehension, lest some evil shall have befallen him in the long time that has elapsed since his arrest; and its earnest desire that it may be advised, so speedily as may be consistent with your excellency’s public duties, of all the information now in the possession of your excellency’s Government touching the facts of this case, including the location and status of the prisoner.

With full confidence and trust that this application will be favorably considered and promptly acted upon by your excellency, I have the honor to reiterate, etc.,

Edwd. S. Bragg.