No. 783.
Mr. Bragg
to Mr. Bayard.
Mexico, April 24, 1888. (Received May 1.)
Sir: Last Saturday, the 21stinstant, I sent you a telegram stating that the sentence of the court-martial condemning the officers who participated in the affair at Nogales had been affirmed.
The Diario Official of the previous evening contained, in six columns, the decision of the supreme military court confirming the sentence of death in the case of Colonel Arvizú and Lieutenant Gutierrez. The substance of the publication was that the counsel for the defense appealed to the first chamber of the supreme military court, [Page 1188] of which General Juan N. Mendez is chief-justice. The final sentence, affirming that of the second chamber of the said supreme court, and in which all the judges of the first concur, was comprised of the following findings:
- I.
- The recourse of appeal was legally interposed, save in the point raised as to the violation of rules of procedure.
- II.
- The sentence of the second chamber of this court, as rendered in this case, may not be, and is not annulled, and must be executed.
- III.
- The attorneys for the defense, who appealed on the ground of a violation of rules of procedure, are severally fined $10 each.
I did not deem it advisable to reiterate the request for clemency made in behalf of Colonel Arvizú and Lieutenant Gutierrez by the Department of State last May. The repetition of like offenses since that time evidences that the Mexican officers on the frontier are yet in need of some severe lesson which shall serve to restrain them hereafter from like attempts against the inviolability of American soil. I do not, however, anticipate that the sentence of death will be executed. The President will, doubtless, especially in view of the remonstrance of last year from the State Department, commute the sentence. I have received no communication from Mr. Mariscal on the subject.
I am, etc.,