Mr. Clayton to Mr. Hay.

No. 2477.]

Sir: Referring to my dispatch, No. 2453, of the 27th ultimo, and previous correspondence, relating to the case of Messrs. H. C. Harding and H. E. Dugat, against whom action was brought before the second district judge of the State of Tamaulipas upon the charge of [Page 469] an infraction of the general customs regulations, I now have the honor to transmit herewith a copy of a note from Mr. Mariscal, under date of the 30th ultimo, together with a report from the said district judge of Tamaulipas, made to the secretary for foreign affairs, under date of the 26th of the same month, relating to the disposition of the case by that judge, and translations of both documents.

By reference to inclosure 1 with my dispatch No. 2128 of January 29 last, and inclosures with dispatch No. 2443 of September 20 last, it would appear that, if the views of the consul therein expressed are correct, the punishment inflicted upon Messrs. Harding and Dugat is altogether too severe.

I have written to Consul Griffith to-day, informing him of my last information from the foreign office, and asking whether an appeal has been taken by the accused from the judicial decision referred to, and if he considers the judgment excessive to please submit any facts that he may be possessed of in support of his views.

Upon receipt of the information requested of the consul, and its transmission to the Department, it will doubtless be able to judge whether a copy of the judicial record in the case should be asked of the Mexican Government.

I have, etc.,

Powell Clayton.
[Inclosure.—Translation.]

Mr. Mariscal to Mr. Clayton.

Mr. Ambassador: Referring to your excellency’s note, dated the 20th instant, relative to action brought against H. C. Harding and H. E. Dugat, on account of infraction of the general customs regulations, I have the honor to transmit herewith a copy of a communication addressed to me by the second district judge of the State of Tamaulipas, informing me that the aforesaid case was closed by a sentence pronounced on August 25 last, the decisory part of which appears in the aforesaid communication.

I renew, etc.,

Igno. Mariscal.
[Subinclosure.]

Second district judge of Tamaulipas to the Secretary for Foreign Affairs.

Referring to the communication from that superior department, No. 336, dated the 23d instant, issued out of the section on America, Asia, and Oceania, in which communication you have transmitted to me a note from the ambassador of the United States, relating to the case brought against the foreigners H. C. Harding and P. E. Dugat on a charge of smuggling, I have the honor to inform you that the aforesaid case was brought to an end through a sentence pronounced on August 25 last, the decisory part of which reads as follows:

City of Laredo, Tamaulipas, August 25, 1904.

“Having revised case No. 399, the preliminary proceedings of which were instituted before the court of first instance of Matamoros on account of a charge of smuggling made against H. C. Harding and P. E. Dugat; by virtue of the arguments and legal bases set forth in article 218 of the penal code of the federal district, and in accordance with the petition of the prosecuting attorney, it is resolved:

  • “First. That Messrs. H. C. Harding and P. E. Dugat are guilty of the commission [Page 470] of the crime of smuggling, and that they should be released from further punishment on acount of the imprisonment they have suffered.
  • “Second. That the goods, wagon, horses, and harness seized from the prisoners shall be forfeited on behalf of the Government.
  • “Third. That the prisoners shall be debarred during the term of one year from receiving any kind of official honors, or from holding any Government office, charge, or commission.
  • “Fourth. That the prisoners should be admonished against falling back to crime.
  • “Fifth. That in compliance of this sentence the prisoners shall be released, and that the bond executed by them shall be canceled.
  • “Sixth. That proper orders should be served, and that the record of this investigation be transmitted to the second circuit court for proper action.

“Thus it was decided and signed before me, the undersigned clerk, by Licentiate José H. Serret, second district judge of the State.

“Attest: Jose H. Serret.

Licentiate Dionisio A. Salazar, Clerk.

An order was issued to have the aforesaid sentence transmitted to the prisoners through the judge of first instance of Matamoros, according to a dispatch dated August 26, and on account of said dispatch not having been returned, said judge was instructed, by telegram of the 22d instant, to make the proper return, the latter answering, also by telegraph, that he would comply with the court’s instruction by first mail, but said dispatch has not been received yet on account of the delay of the mail due to the bad condition of the wagon road caused by the action of rainfall.

I renew, etc.,

José H. Serret.