Mr. Young to Mr.
Gresham.
Legation of the United States,
Guatemala and Honduras,
Guatemala, September 20, 1894. (Received October
16.)
No. 127.]
Sir: I have the honor to inform you that on the
25th day of August there were three citizens of the United States, Henry
Argall, Henry Thomas, and Robert Pardee, arrested on a farm near this
city and placed in the penitentiary. They were laborers on the farm of
Herbert Van de Putte, a subject of Belgium. It appears that some officer
of the Government, thinking the land belonged to the Government, had
erected a shed or outhouse, and Yan de Putte took his laborers (the
three Americans) to the spot and ordered them to take down the shed and
remove it to his house, which they did; and while in the act they were
arrested and placed in the penitentiary. They only obeyed their patron,
not intending to violate any law of Guatemala. As soon as they arrived
at the penitentiary they conveyed a message to me and I at once repaired
to the prison and demanded to see Argall, the foreman of the Americans.
He was brought to me and immediately removed his shirt and exhibited the
welts and stripes on his back caused by blows from a rawhide, inflicted
by one of the interior officers of the prison.
Argall alleged that he had given no cause for this treatment, and the
commandant of the penitentiary merely told me it was done without his
order, and that he was not present when the blows were given. I went to
the minister of war who proposed to accompany me to the President. I
stated to the President that these were all innocent men who only obeyed
their employer who himself assumed all the responsibility; that I was
ready to give any bond that might be named, for their appearance in
court at any time; he declined to interfere.
On the following Monday, the 27th of August, the prisoners were brought
before a judge and I went to the judge and tendered bond, but it was
declined, the court saying the accused must return to prison. I sent a
messenger to the penitentiary to see the prisoners to learn what I could
do for them in the way of employing counsel and to arrange for their
defense; he was denied entrance. I then wrote a formal request to the
minister of foreign relations asking permission to send the
vice-consul-general of the United States to converse with the accused,
to arrange for their defense. I sent this communication by the
vice-consul-general [Page 313] in person.
No reply was sent to this communication; however, on the 6th September,
the accused were set at liberty without ever having seen a charge or
warrant.
This imprisonment was an outrage; but the lashing of a defenseless,
respectable man inside the prison walls, by one of the officers who had
charge of him, without trial or sentence, is an outrage which ought to
be atoned for by heavy damages; and if not atoned for, in the language
of Argall, “then is there really any security for the life, limb, and
property of any American in this Republic?”
I talked with the three men within four hours from the time of their
arrest, and was shown by Argall the cruel stripes upon his back. I
inclose the two complaints, and it seems to me that the Government of
Guatemala ought to be made to pay damages in both instances, and
especially heavy damages to Argall. I examined the two men who were not
whipped, but who witnessed the blows given to Argall, and they
corroborate in all respects his statement.
I am, etc.,
[Inclosure 1 in No.
127.]
Petition of the three American
laborers.
Guatemala, September 12,
1894.
To the Secretary of State,
etc.:
We, the undersigned citizens of the United States, are now
temporarily residing in Guatemala, near the city of Guatemala, and
on the land of Herbert Van de Putte. On the 25th day of August last
we were ordered by Mr. Van de Putte to tear down a small shed which
he told us was on his land, and which he told us to bring to his
house. While we were in the act of taking down the shed and moving
it to the house of Mr. Van de Putte we were arrested by the police
and taken to the penitentiary.
We were not served with warrants, nor were we told of the charge
against us. We repeatedly asked that we might be allowed to give
bond for appearance at court at any time we might be needed. We
repeatedly demanded to know the charges against us. We never were
furnished with a warrant, nor a charge, but were placed in a vile,
dirty prison, with thieves, robbers, and murderers, without having
even violated a law or having the intention of doing so. We were
kept in this den, sleeping on a rock floor, and treated as the most
guilty criminals for twelve days, and then we were released and went
free without bond.
We have been greatly wronged and maltreated, and we beg that your
excellency will take steps to see that damages are allowed us for
this atrocious wrong placed upon us, three citizens of the United
States who have committed no violation of the law, and who have
never intended to violate a law of this Republic.
We pray that this petition may be considered and that such steps may
be taken as will result in our indemnification for the wrongs we
have suffered.
- W. H. Argall,
- Henry Thomas,
- Robert Pardee,
Sworn to and subscribed before me this 12th day of September,
1894.
[
seal.]
P. M. B. Young,
United States
Minister.
[Page 314]
[Inclosure 2 in No.
127.]
Mr. Argall to
Mr. Gresham.
Guatemala, September 14,
1894.
Sir: On the 25th day of August I was, while
foreman of a finka owned by Mr. Herbert Yan de Putte, arrested by a
police officer and taken by force to the penitentiary in
Guatemala.
I was employed by Mr. Yan de Putte as foreman of his finka and had
been in his employ about two months. I was executing an order from
him in removing a shed on the land when arrested. There was no
warrant shown me and no charge made.
When I arrived at the prison and had entered the interior I asked one
of the interior officers of the prison to tell me when I could see
Colonel Lopez, commandant of the penitentiary, whom I had known
before. He made no reply to me, but struck me four blows across my
back with a rawhide, inflicting upon me great whelks or stripes and
giving me great pain physically, besides the disgrace that was put
upon me. I am an American citizen and a law-abiding man. I gave no
reason to this man for the outrage he inflicted upon me. I merely
asked him in this language, “How can I get to talk to Colonel
Lopez?” He commenced to strike me and said, “There is your Colonel
Lopez.” I did not resist. If I had I would have been murdered. I
dropped my hands to my side. I was in prison and defenseless, and
this officer was one of those who had charge of me.
After twelve days’ imprisonment I was set at liberty without any
crime charged against me. I was one of the three persons who made
complaint to your excellency in another document, but I was the only
one whipped. I have two American witnesses to this outrage, and
within three hours from the time I was whipped I showed my naked
back to the U. S. minister, who can testify to the truth of my
statement. I ought to be indemnified for this outrage and the false
imprisonment for twelve days. If not, then is there really any
security for the life, limb, and property of any American in this
Republic”?
I earnestly pray that you will see that I am indemnified for this
outrage upon me.
Sworn to and subscribed before me this 14th day of September,
1894.
[
seal.]
P. M. B. Young,
U. S. Minister.
