Mr. Clayton to Mr. Hay.

No. 2187.]

Sir: I have the honor to transmit herewith a copy and translation of a note addressed to me by Mr. Mariscal, under date of the 12th ultimo, relative to the cases of Engineers F. Gordon and C. O. Bean, of the Sonora Railway, for a speedy termination of which I requested Mr. Mariscal’s good offices in my note of January 27 last, a copy of which I transmitted to the Department with my No. 2181 of the 7th instant in reporting upon the case of Gordon.

I also inclose a copy and translation of a report made by the district judge of Nogales, dated December 21, 1903, inclosed in the before-mentioned note of Mr. Mariscal, from which it will be seen that the case of Bean was dismissed, that he was definitely released, and that the case was forwarded on March 31, 1903, to the third circuit court for review.

I have, etc.,

Powell Clayton.
[Inclosure.—Translation.]

Mr. Mariscal to Mr. Clayton.

Mr. Ambassador: I had the honor to receive the note of January 27 last in which your excellency was pleased to ask the intervention of this department to procure the prompt termination of the suits brought against the engineers of the Sonora Railway Company, F. Gordon and C. O. Bean, for damages caused by trains under their charge, respectively.

With regard to the case of Bean I have the honor to transmit to your excellency herewith a copy of a report upon the same made by the district judge of Nogales on December 21 last, by which it appears that the said authority dismissed the said case, the decision in the same having been referred to the third circuit court for review. I have requested the prompt dispatch of this matter by the proper authority.

* * * * * * *

I beg, etc.,

Igno, Mariscal.
[Page 485]
[Subinclosure.—Translation.]

District judge of Nogales to Secretary for Foreign Affairs.

To the Secretary of State and of the Office of Foreign Affairs, Mexico.

The Bean case:

Engineer Bean was tried for the crime of negligence because of injuries received at “Punta de Arena” by a laborer on March 1, 1902. The case was dismissed, and the prisoner was therefore definitively released. The said case was forwarded on March 31 of the present year to the third circuit court for review.

I renew, etc.,

A. D. Canale.