Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 9, 1891
Mr. Egan to Mr. Blaine.
Santiago, November 23, 1891. (Received December 26.)
Sir: I beg to refer to my No. 223, of 9th instant, in reference to the case of Patrick Shields (not Shieldsa, as at first reported), a fireman onboard the United States merchant steamer Keweenaw, and have now the honor to inclose copy of letter from United States consul, Valparaiso (inclosure No. 1), with attached copy of a letter from the intendente of that port and translation of same, together with copy of a letter from consul dated 11th instant (inclosure No. 2), detailing the irregular manner in which an attempt was made to obtain the testimony of Shields without any intimation to him, the consul.
I also inclose copy of sworn declaration of said Patrick Shields, made before the United States vice-consul at Valparaiso (inclosure No. 3); sworn declaration of Charles A. Wheeler (No. 4), sworn declaration of Charles E. Malcolm (No. 5), and sworn declaration of Andrew McKinstrey (No. 6), to all of which, but especially to those of Shields and McKinstrey, I beg to call particular attention as disclosing a case of most brutal treatment without the excuse of any process of law.
I inclose, also, copy of the second certificate from Dr. Stephen S. White, of the Baltimore, which shows the man to be in a bad condition (inclosure No. 7).
Herewith please find copy of letter from United States consul, dated 20th instant (inclosure No. 8), conveying letter from Shields and his claim against the Chilean Government for the sum of $5,000 (gold) as compensation for injuries inflicted upon him. In view of the pending investigation and the action upon which the Department may decide in reference to the matter of the Baltimore, I considered it more prudent to await your instructions before formally presenting this claim. I inclose note received from United States consul (inclosure No. 9) regarding the nationality of Shields, with copy of my reply thereto (inclosure No 10).
Although I have not made a specific claim, I have brought the case fully before the Government in a note to the minister of foreign relations, dated 23d instant (inclosure No. 11), and have sent him copies of all of the sworn declarations and medical certificates, in order that he may have full knowledge of the circumstances.
Awaiting your instructions, I have, etc.,
Mr. McCreery to Mr. Egan.
Valparaiso, November 11, 1891.
Sir: I herewith, transmit for your information copy of a communication I had received from the governor of the province of Valparaiso, transcribing a letter from the judge of crimes of this city, in relation to the case of Patrick Shields.
Very respectfully, etc.,
United States Consul.
The intendente of Valparaiso to Mr. McCreery.
Valparaiso, November 7, 1891.
The judge of the criminal court, in communication No. 406, of yesterday’s date, writes me as follows:
“I yesterday received your excellency’s communication of the 4th instant, in which you transcribe an official letter from the consul of the United States, in relation to a complaint made before that officer by Patrick Shields, a seaman belonging to the merchant steamer Keweenaw, who complains of illegal arrest and ill treatment received by him at the hands of the police of this city.
“The consul of the United States requests, in the communication transcribed, the immediate investigation of the occurrences, and in case such investigation is made, he also requests that he or some one whom he may designate, may be present at the same.
“This court immediately commenced the preliminary examination of the case, which will be conducted with special attention and in strict conformity with the rules of procedure established by our laws. Your excellency and the consul of the United States may rest well assured that full and impartial justice will be done.
“Respecting the desire that the consul expresses to be present, either personally or through some one designated by him, at the judicial proceedings which may be held during the investigation, this court can not in any manner comply with them, because, in addition to the fact that compliance therewith would be contrary to the positive provisions which, in our legislation, order the secrecy of criminal trials, they appear to involve the dishonorable suspicion that the court of crimes of Valparaiso might conduct the investigation, not with the purpose of impartiality and rectitude whereby all tribunals of justice should be actuated, but in a sense contrary to the rights of the complaining seamen.
“Our laws, Mr. Intendente, amply protect the rights of all, without distinction of class or nationality, and the undersigned, therefore, could not consent, without detriment to our prerogatives as a sovereign nation, to any endeavor to exact from the administration of justice concessions which are contrary to law, and which can not be granted even to our own citizens.
“This will not prevent the consul of the United States from obtaining every facility to enable him to press his complaint or the seaman from being assisted, if he does not understand the Spanish language, by such interpreter as he himself may designate, in the declarations which he will have to make before this court.
“I communicate this to your excellency in answer to your communication above referred to, and to the end that you may express to the consul of the United States the motives of law and decorum which prevent this tribunal from acceding to his desires.”
I transmit the foregoing for your information and other ends.
God guard you.
Mr. McCreery to Mr. Egan.
Valparaiso, November 11, 1891.
Sir: I called upon the judge of the court of crimes, Hon. E. Foster Recabarren, yesterday, in relation to the case of Patrick Shields, and was informed by him that the testimony of Shields had been taken. I afterwards telephoned you to that effect, and obeyed your request to investigate the circumstances connected with the taking of the testimony, and repaired to the steamship Keweenaw.
The mate informs me that two persons came on board yesterday forenoon and one of them said he desired to see the man who claimed to have been injured by the police while in prison in this city.
The man Shields was sent for and questioned, but declined to give testimony except in the presence of the United States consul. He was not sworn, and after replying to the questions the party read to him what he claimed he had stated and desired him to sign the paper. Shields declined to sign it, stating that it was incorrect and that he would give no testimony except the consul be present.
At the request of Capt. Jenkins, of the Keweenaw, Dr. White, of the Baltimore, [Page 240] examined Shields to-day, and he reports that he is not able to leave the ship and will not be for several days. In case his testimony is again ordered by the court to be taken on shipboard, shall the same be taken unless the consul is present? Please advise me.
Very respectfully, etc.,
United States Consul.
Declaration under oath of Patrick Shields.
Consulate of the United States of
America,
Valparaiso, Chile:
On this 18th day of November, 1891, before me the undersigned, vice-consul of the United States of America at Valparaiso, personally appeared Patrick Shields, who, being duly sworn, deposes and says:
My name is Patrick Shields; am 30 years of age and a native of Ireland. I shipped on the American steamer Keweenaw about four months ago at the port of Brooklyn. On the 24th day of October I was given liberty by the chief engineer and by the captain to come on shore. I arrived on shore about 6:30 p.m. and was to return to the vessel on the morning of the 26th. On reaching the shore I went to a place which I think was the English hotel or restaurant and had a bottle of beer. I was along with my shipmate Andrew McKinstry, and he drank beer with me. I stopped there about five or ten minutes. McKinstry and myself went into a barber shop at about 7:30 p.m. We entered the place and stopped there until we got served, which was about 9 p.m. The barber shop was full of people when we arrived there. I walked about the square until about 11 o’clock, at which time I was arrested” by a policeman and taken to prison. He said something to me, but I did not understand him. I was kept in prison the whole night.
During the night the inmates of the prison stole my cap. I pointed the men who stole my cap to the policemen, but they took no notice of me. They released me at about 9 o’clock on Sunday morning. I went to buy a hat, and before I had done so was again arrested by a policeman about half a mile from the police station, at about 10 o’clock that morning, and was locked up in the same prison. On Monday morning I was taken out and they made me sweep the streets until about 5 o’clock p.m. On Tuesday they again made me sweep the streets from daylight until about 5 o’clock p.m. I was released as soon as I arrived at the prison on Tuesday afternoon. I made my way down to the mole, but could not get on board, as I had no money to pay the boat hire and the consulate was closed. I then went up on the hill so that they should not arrest me again, and stayed until about 5:30 of the morning of Wednesday. I slept on the ground. I then came down and was going towards the mole to get into Mr. Murphy’s boat in order to get on board my vessel. Before reaching the mole I was again arrested by a policeman and taken to jail. When there about five or ten minutes they made me work in the horse shed cleaning the ground, grinding corn, and carrying hay to the horses. They also made me sweep the streets that day.
At about 12 o’clock that day, in view of treatment received, I made my escape from the horse shed and ran about a quarter of a mile. I was followed by a policeman and the man who takes care of the police horses. The latter beat me on the back of the neck and on my arms with a long stick, and they took me to the horse shed, when the same man beat me again, striking me with the same stick on my neck, arms, and back until the stick broke. The policeman also struck me with a broom. I worked there until about 5:30 p.m. and they locked me up in the same prison. I was kept in prison until Saturday evening, and they made me work every day in the horse shed and sweeping the streets. When I ceased to work in the yard, the policeman would strike me on the back of the head with a stick. On Wednesday, at about 1 p.m., I vomited about a quart of blood and bled from the nose and ears in consequence of the beating that I had received.
On Monday evening, November 2, they released me from prison. During the time I was there I asked the policemen on different times to be allowed to see the consul, but they paid no attention to me and they shoved me back. When I was released and going out of prison I told a police officer that I was going to see the consul and report that I had been refused to see him. I went to the consulate at about 6 o’clock that afternoon and found it closed. I could not find out where the consul was living. I could not get on board, as I had no money. I went up on the hill to prevent them from arresting me again. I felt very bad at the time. I sat there until next [Page 241] morning. I went to the consulate on Tuesday morning, November 3, at about 8 o’clock, and waited until about 11 o’clock, when I saw the consul.
One of my shipmates, Bernard Flanigan, had gone to jail to inquire if I was in prison, but they told him I was not there. I then stated to the consul what had happened to me, and after hearing me he sent me on board Keweenaw. My health is better now and I have been doing a little work on shipboard since yesterday. I may mention that my shipmate Andrew McKinstry was also arrested by the police and taken to jail. He saw me in prison on Monday, and we were made to do work, grinding corn and sweeping the streets. I have nothing further to state.
Valparaiso, November 18, 1891.
I hereby certify the foregoing to be a true and faithful copy of the original declaration filed in this consulate and taken by me at the request of William B. McCreery, esq., United States consul at this port. Given under my hand and the consular seal the day and year aforesaid.
United States Vice-Consul.
Declaration under oath of Charles A. Wheeler.
Republic of Chile,
Province of Valparaiso:
Charles A. Wheeler, being duly sworn, deposes that he is mate of the steamship Keweenaw, of the merchant marine of the United States, and that he is acquainted with Patrick Shields, a fireman in the service of said steamship; that the said Shields was given liberty to go on shore at Valparaiso on or about the 24th day of October last past, and that he returned to, the steamship about ten days subsequently in a bruised and injured condition, and that he reported that he had been arrested and confined in the prison at Valparaiso during his absence from the ship, and that the injuries he had received were from the hands of the police of Valparaiso, and that he had been beaten and struck on the back of the head, back of the neck, and on the back by policemen on the streets of Valparaiso and while in prison, and that he was seriously and dangerously injured; that subsequently two men visited the steamship and stated that they were sent by the court of crimes to take the testimony of the said Patrick Shields in relation to the injuries he claimed to have received, and that Shields was sent for and informed of the object of their visit; when he was questioned by one of the parties in relation to the case, but refused to be sworn or to sign any statement unless the same should be made in the presence of the United States consul. Afterwards the person who had asked the questions to Shields read to him what purported to be what he had said and requested Shields to sign the same. Shields replied that what he had read to him was incorrect and entirely wrong and that he would not be sworn nor would he sign any paper or writing except in the presence of the United States consul. Further saith not.
Sworn to and subscribed before me at Valparaiso, this 19th day of November, A. D. 1891.
United States Consul.
Declaration under oath of Charles R. Malcolm.
Republic of Chile,
Province of Valparaiso:
Charles R. Malcolm, being duly sworn, deposes and says: I am the engineer in charge of the machinery of the steamship Keweenaw of the merchant marine of the United States, and am acquainted with Patrick Shields, who is a fireman under my charge, and in the service of said steamship, and that up to the 24th day of October last past the said Shields was a strong, able-bodied man and a most excellent fireman; that the said Shields received liberty from the authorities of the ship to go on shore at [Page 242] Valparaiso on the 24th day of October, and that he did not return for about ten days thereafter, when he was in a bruised and much injured condition, and that the injuries he claimed to have received at the hands of the police in the streets of Valparaiso and while in the prison in said city, and that since his return to the ship he has not been able to perform any manual labor in consequence of the injuries he claims to have received at the hands of the police of Valparaiso, and I am firmly of the opinion that he will never again be able to perform the duties of fireman, and that in consequence of the said, Shields being unable to perform his duties, another fireman has been engaged to take his place and he is now in the service of the ship. Further saith not.
Sworn to and subscribed before me this 19th day of November, A. D. 1891.
United States Consul.
Declaration under oath of Andrew McKinstrey.
Republic of Chile,
Province of Valparaiso:
Andrew McKinstrey, being duly sworn, deposes and says: I am a fireman in the service of the steamship Keweenaw of the merchant marine of the United States, and that on the 24th day of October last past I received liberty to go on shore with Patrick Shields, who is also a fireman on board of the steamship Keweenaw, and with whom I am well acquainted, and that on the 25th day of October I was arrested by the police authorities of Valparaiso and taken to prison. On my arrival at the prison I was put into the same room with Patrick Shields, who said that he had been brought there the day before. On the 26th of October the police authorities at the prison ordered Shields and myself to work in the horse shed, across the street from the prison, and for a time we were both engaged in cleaning the yard, when we were both ordered to turn a crank attached to a corn-grinder, which we turned for about two hours, when we both stopped to rest, and we were ordered by the policeman to keep at work grinding corn, and while Patrick Shields was returning to the work he was struck on the back of the head by the policeman with a broom handle, which knocked him down.
On arising from the ground the said Shields was again struck by the same policeman on the head with the broom handle and again felled to the ground, where he remained about five minutes insensible. When he arose from the ground he was bleeding from the nose and mouth. We were then ordered to proceed with the work of grinding corn, but Shields was so badly injured that he stood by the machine and I did most of the work. About three-quarters of an hour afterwards we were both taken out on the streets by the police and ordered to sweep the street, and soon afterwards I made my escape by running away, and I slept during the night on the hill back of the city on the bare ground, and the next day reported at the consulate, and was sent to the Keweenaw by the consul. At the time Shields was struck by the policeman he was perfectly sober and had not been drinking. Further saith not.
Sworn to and subscribed before me this 19th day of November, A. D. 1891.
United States Consul.
Medical report of Dr. S. S. White.
Hon. Wm. B. McCreery,
United States Consul, Valparaiso.
Sir: In obedience to orders from Capt. Schley, on November 3, 1891, I examined Patrick Shields, a fireman belonging to the steamer Keweenaw, and found his condition to be as follows: A severe contusion on back of head, a small cut over right [Page 243] eye, and his body severely bruised, both front and back, from nape of neck to end of spine, of such severity as to render him unfit for duty for several weeks.
His condition now is somewhat improved, but his nervous system has sustained a shock from which months will be necessary for recovery, if he is ever as physically sound as he was at the time he received the injury.
Very respectfully,
Passed Assistant Surgeon, U. S. Navy.
Approved and forwarded.
Captain Commanding.
Mr. McCreery to Mr. Egan.
Valparaiso, November 20, 1891.
Sir: I inclose herewith a letter from Patrick Shields, of the steamship Keweenaw, also his claim against the Republic of Chile for $5,000, which, by the term of his letter, he desires you to present to the proper department for payment.
I also inclose a letter from Dr. Stephen S. White, of the U. S. S. Baltimore, who has attended Shields since the 3d instant, which states his condition of the 3d of November, as well as his present condition.
Very respectfully, your obedient servant,
United States Consul.
Patrick Shields informs me that his present post-office address is 994 Second avenue, New York city.
Mr. Shields to Mr. McCreery.
Valparaiso, November 20, 1891.
Sir: I inclose herewith my claim for $5,000, United States currency, against the Republic of Chile, which I will thank you to send to the American minister at Santiago, with the request that he present the same to the proper department of the Government for payment.
Very respectfully,
Witness:
Valparaiso, November 20, 1891.
Indorsed on back:
Respectfully referred to Hon. Patrick Egan, envoy extraordinary and minister plenipotentiary of the United States at Santiago.
United States Consul.
Claim of Patrick Shields for $5,000.
Republic of Chile to Patrick Shields, Dr.
To injuries received at the hands of the police of Valparaiso from the 24th day of October, A. D. 1891, to the 2d day of November, A. D. 1891, inclusive, five thousand dollars United States currency ($5,000).
Valparaiso, November 20, 1891.
I certify that the foregoing account of Patrick Shields, of the steamship Keweenaw, was presented to me by the said Shields with the request that I forward it to the American minister at Santiago to be by him presented to the proper department for payment.
United States Consul.
Mr. McCreery to Mr. Egan.
Valparaiso, November 20, 1891.
Sir: In the case of Patrick Shields, of the Keweenaw, who makes a claim against the Government of Chile for injuries claimed to have been received at the hands of the police of this city, I desire to state that the crew list of the steamship shows that he was born in Ireland and is a subject of Great Britain.
Very respectfully,
United States Consul.
Mr. Egan to Mr. McCreery.
Santiago, November 23, 1891.
Sir: Replying to your communication of 20th instant in reference to the case of Patrick Shields, of the United States steamship Keewenaw, I beg to refer you to paragraphs Nos. 170 and 171 of consular instructions, in the latter of which you will find the following:
“The principles which are maintained by this Government in regard to the protection, as distinguished from the relief, of seamen are well settled. It is held that the circumstance that the vessel is American is evidence that the seamen on board are such; and in every regularly documented merchant vessel the crew will find their protection in the flag that covers them.”
Shields is therefore in this case, and also in the matter of relief, he having shipped in a port of the United States, entitled to the same protection as if he were a United States citizen.
I remain, etc.,
Mr. Egan to Señor Matta.
Santiago, November 23, 1891.
Sir: I have the honor to inform your excellency that on the 3d of the present month there came to the United States consulate in Valparaiso Patrick Shields, fireman, employéd on board the United States merchant steamship Keweenaw, who made complaint that on 24th October he went ashore from his ship, on leave; that [Page 245] he was arrested on the street of Valparaiso on a charge of intoxication, the truth of which charge he denies; that on the way to prison he was struck and kicked by the policeman; that he was released from prison next morning without any form of trial, but was immediately arrested again and kept a prisoner from 24th October to 2d November, without having been brought before any judge or without any process of law whatsoever; that during that time he was compelled to work, cleaning the streets, grinding corn, cleaning harness of the horses of the police, and other work; that he received during the time but very little food; that he was brutally beaten over the head and body by the police on several occasions, and sometimes so badly that he was left insensible on the ground, from the effects of which treatment he still suffers very severely, and that he repeatedly, during those nine days, requested to be allowed to communicate with the captain of his ship or with the consul of the United States, which right was always refused to him.
When this man came to the consulate of the United States on the morning of 3d instant, the consul found him to be in terrible condition, badly cut about the head, and his body a mass of bruises. He at once brought him to the intendencia, so that the intendente might himself have an opportunity to see his deplorable condition; but the intendente declined to look at the man’s injuries. The consul then sent him on board his ship and had him attended by Dr. Stephen S. White, of the United States cruiser Baltimore, certified copy of whose report, dated 3d instant, I inclose (No. 1). He also immediately reported the matter to the intendente of Valparaiso, asking for a full investigation into the circumstances and at the same time requesting that either he, the consul, or some one designated by him might be permitted to be present at such investigation.
To this request the intendente replied on the 4th, promising an immediate investigation, and again on the 7th, transmitting copy of communication from judge of crimes stating that the permission requested by the consul to be present could not be granted, but adding that, in order to facilitate the consul and advance the inquiry, Shields, if he did not speak the Spanish language, could be assisted by such interpreter as he himself might designate.
On the 10th instant, the judge of crime informed the United States consul that the testimony of Shields had been already taken, and on immediately going on board the Keweenaw the consul was astonished to learn that on that day two persons had gone on board said ship without any intimation to him, the consul, and without giving Shields any intimation of their willingness to permit the presence of an interpreter designated by him, and proceeded, in the name of the judge of crime, to put to him a number of interrogatories, and then proceeded to write down certain answers which they asked him to sign. Shields protested that the replies so written down were not correct and refused to be sworn or to sign anything unless the examination was made in the presence of the United States consul or of some interpreter whom he should name.
The same course was adopted towards Capt. Jenkins, of the steamship Keweenaw, a witness in this case. He was first informed that he could give his evidence through an interpreter designated by himself, but when he presented himself before the judge, accompanied by Mr. August Moller, vice-consul of the United States, as interpreter, his evidence would not be taken through that gentleman, and he was prevailed upon to give it through the court interpreter.
I now beg to inclose to your excellency certified copy of a sworn declaration made by Patrick Shields before the United States consul at Valparaiso on 18th instant, setting-forth the particulars of his imprisonment and detention and the bad treatment which he received at the hands of the police (inclosure No. 2); certified copy of sworn declaration of Charles A. Wheeler, mate of steamship Keweenaw, in relation to the attempt to obtain the evidence of Shields on board said ship (inclosure No. 3); certified copy of sworn declaration of Charles R. Malcolm, engineer of said ship, in relation to the physical condition of Shields (inclosure No. 4); and certified copy of sworn declaration of Andrew McKinstrey, fireman on board said ship, setting forth that he had seen Shields, while a prisoner, struck on the back of the head with a broom handle and knocked down because he rested from work while grinding corn; that on Shields arising from the ground he saw him again struck on the head by the same policeman and knocked down on the ground, where he lay insensible about five minutes, and that when he arose he saw him bleeding from the nose and mouth.
I also inclose certified copy of additional certificate from Dr. Stephen S. White, of the United States cruiser Baltimore, dated 20th instant, giving details of the injuries inflicted upon Shields; injuries which, according to the doctor’s opinion and according to the sworn declaration of the chief engineer of said ship, are calculated to incapacitate him for active work for a considerable time, and perhaps for life.
The consul of the United States at Valparaiso, after the most careful investigation, is convinced, and he has assured me that a terrible injury has been inflicted upon this man, not with the knowledge or sanction of the authorities of Valparaiso, but owing to some laxity or defect in the police system which permits the retention and [Page 246] compulsory employment at menial labor of persons without the sanction of the judicial power.
I therefore submit this case to your excellency with full confidence that it will receive from the Government of your excellency the consideration which I believe it deserves.
Again renewing the assurances, etc.,