Mr. Clayton to Mr. Hay.

No. 2061.]

Sir: Referring to my dispatch No. 1725, of the 28th of February last, relating to the arrest and imprisonment of American citizens [Page 652] employed in the railway train service of Mexico, I have the honor to report the present status of the cases then pending as follows:

Newton H. Home, employed as conductor on the Interoceanic Railway, arrested and imprisoned in the City of Mexico in April, 1902; charged with ejecting a woman from his train. Imprisoned twenty-two days, then released on bail; acquitted by the district court of the federal district June 5, 1903.

F. Gordon, engineer on the Sonora Railway, arrested at Guaymas November 3, 1900; charged with running over a deaf man who was at the time walking on the track. After twelve days’ imprisonment released on $1,000 bond. Case still pending. When advised of its final disposition I will report it to the Department.

N. F. Bonsall, conductor of the Sonora Railway, arrested and imprisoned at Guaymas September 7, 1900. His train ran over and killed Antonio Palomino; convicted and sentenced to eight months’ imprisonment; pending trial, while out on bail, fled to the United States; returned and reported to the court November 30, last, resulting in his liberation.

E. R. Meloy and B. W. Enright, conductor and engineer, respectively, on the Tehuantepee Railway, arrested and imprisoned at Palomares on June 27, 1902; charged with the responsibility of the death of José Felipe. Both were released on bail July 29, 1902. Meloy was accidentally killed about December 1, 1902, by being knocked from his train by a bridge. The indictments in these two cases have been quashed.

I now have the honor to report the cases which have been brought to the attention of the embassy directly, by the persons concerned, since the date of my dispatch No. 1725, of February 28, 1903:

John Hopkins, engineer on the Interoceanic Railway, arrested and imprisoned May 28, 1903; charged with causing a collision with another train, damaging both engines and resulting in the killing of one passenger and the fatal injury of another. This case was brought to trial at Toluca, Mexico, June 1, 1903; sentenced October 17 of the same year for the period of his preceding imprisonment and released on the same day.

L. C. Crutcher, conductor on the Mexican Central Railway, arrested and imprisoned at San Luis Potosi April 18, 1903; charged with homicide; brought to trial April 20, 1903. Case still pending. Early verdict expected.

O. L. Emlay, train dispatcher on the Mexican Central Railway, arrested and imprisoned at Silao April 24, 1903; suspected of having robbed the Wells-Fargo and Company’s Express; brought to trial April 25, 1903; acquitted June 19 and released June 20, 1903. Decision confirmed by revising court July 30, 1903.

C. R. Edmonds (reported by the district judge of Coahuila as C. R. Edmonson), engineer on the Mexican International Railway, arrested and imprisoned at C. P. Diaz June 28, 1903; charged with negligence on account of a railway accident which occurred on the same day of his arrest; released August 10, 1903, by order of the district judge of Coahuila.

* * * * * *

I have, etc.,

Powell Clayton.