Mr. Butler to Mr.
Gresham.
Legation of the United States,
Mexico
,
November 20,
1893
. (Received December 4.)
No. 132.]
Sir: The inclosed copies and translations of
correspondence will acquaint you with replies I made on the 17th instant
to certain interrogatories addressed to this legation by the Hon. Angel
Zimbron, second civil judge of first instance, this city, in connection
with the suit of Señor M. Yslas against the St. Louis and Zacatecas Ore
Company, the object being to verify the date of an act of the U. S.
Congress “to reduce the revenue and equalize duties on imports,” etc.,
approved October 1, 1890.
Trusting in your approval, I am, etc.,
[Inclosure 1 in No.
183.—Translation.]
Judge Zimbron
to Mr. Gray.
Second Civil Court,
Mexico
.
In the case of specific performance, pending before the court, of Mr.
Marcial Yslas against the St. Louis and Zacatecas Ore Company, the
attorney for the company sued has asked, as a part of his proof, and
basing it on articles 357 and 515 of the Code of Civil Procedure,
that communication be addressed you, that you may be pleased to
testify in conformity with the interrogations presented. Having
ordered in accordance with said request, I have the honor to address
you herein, so that you may be pleased to testify in accordance with
the interrogations hereinafter inserted, returning the present
communication with your deposition.
Having affirmed to state the truth, state—
- First. Your name, nationality, residence, age, profession,
and relation, if any, to the litigant parties.
- Second. If you know, and it so appears, that on the 1st of
October, 1890, the Congress of the United States passed a
law burdening in 30 per cent the importation of ores to that
nation.
- Third. State why you know it
On behalf of Mr. Yslas, it was requested that you may also be pleased
to state in accordance with the following question, which was
granted:
Only one: State if you have authority from your Government to testify
in the present case.
Permit me to assure you of my consideration.
Liberty and Constitution,
Mexico, November 16, 1893.
Angel Zimbron,
[Inclosure 2 in No.
183.—Translation.]
Mr. Butler to
Judge Zimbron.
Legation of the United States,
Mexico
,
November 17, 1893
.
My Esteemed Sir: I have had the honor of
receiving your communication of yesterday, in which you are pleased
to request my statement, as a witness suggested by the attorney of
the St. Louis and Zacatecas Ore Company, in the case pending of Mr.
Marcial Yslas against [Page 426] the
former, and complimenting your request I proceed to make my
statement in accordance with the interrogations inserted in the
communication.
Affirming to state the truth in all that I am to state, I answer—
To the first question: My name is Edward 0. Butler; a native of
Massachusetts, United States of America, residing in this city; 40
years of age; in the diplomatic service of the United States, my
residence being at No. 10 on the Fourth Providencia street, in this
city, and not subject to the objection of law; that is, I am not
related to the parties litigating, nor have I any interest of any
kind in this or similar case, nor friendship or unfriendly feeling
toward any of the parties litigating in the matter wherein I
testify.
To the second: It is true, and I know it.
To the third: What I state is true, because I know the law well.
In regard to the only question of the interrogatory of Mr. Yslas, I
answer it, No.
With what I have stated your request is satisfied, all of which I
confirm.
I have the pleasure to assure you of my consideration.
Edward C. Butler,
Chargé d’Affaires ad interim of the United
States.
