Mr. Maytorena to
Mr. Caleb.
La
Paz, January 30,
1884.
Sir: Yours duly received. As it would take too
long to go into details to show just when and where the infractions of
law occurred, I will give you a plain statement of the facts of the case
from notes taken during the trial and from information given me by the
mate and crew of the Adriana.
The schooner Adriana, George Caleb master, on a voyage from San Francisco
to La Paz, was compelled by stress of weather to put into Frailes Bay
with her sails torn and deck-load shifted, and leaking badly, as is
shown by reference to her log-book. While she was at anchor at this
place, with two anchors down with sixty fathoms of chain to each, the
revenue sloop came up and the officer in charge asked to see the ship’s
papers. These were examined by him in the presence of the crew, and were
declared to be all right, and you were told that you might go when and
where you pleased. At the same time he gave you a letter to the
collector of this port, which, after the sloop on which the goods were
found had been seized, he called for and destroyed.
At the time of her seizure this sloop was fully two miles away, inshore.
Immediately after her seizure, however, she was brought over to the
Adriana, and permission was asked and obtained to put the cases that
were on board on the schooner’s deck. These circumstances the men were
not permitted to relate, being told that they were irrelevant. It may
also be stated that only one man of this sloop’s crew was brought to
this place, being brought here on the 7th day of January, 1883, and set
at liberty, a proceeding for which I have so far been unable to find a
precedent.
As the two sloops were being towed by the Adriana from Frailes Bay to
this place the schooner was boarded, when 30 miles at sea, her papers
seized, and command assumed by the captors. It is stated by the mate,
who was in command at the time, you being sick and unable to keep on
deck, that no order was shown him, and that when the vessel got into
port he was forbidden to hoist the Hag. You were made a prisoner in your
cabin, and were not allowed to hold intercourse with any one.
By such procedure two rules of the Ley de Partida were infringed. As to
receivers it is provided:
“To all those guilty of the commission of crime, of counseling it, and of
concealing it shall be applied the same penalty” [translation]. Regla
19, tit. 24, Partida 7.
When you were taken to the custom-house you were temporarily deranged by
illness. In such case it is provided:
“A man is out of his wits when he does nothing straightforwardly, and
therefore he cannot bind himself, because he neither knows nor can
distinguish between that which injures and that which benefits him”
[translation]. Regla 4, tit. 34, Partida—.
Such are the facts in regard to your case. I could enlarge upon them, but
it would take too much time, as the mail is about to close. But should
you desire me at any future time as a witness, I shall always be ready,
law in hand, to bear witness to what I have stated; and I am confident
that I could show that no opportunity was given you to present your
defense.
With the greatest regard, &c.,
P. S.—Having been appointed interpreter by the court, I am cognizant
of all that took place. One of the parties sentenced is now at
large, the true animus being to injure you. When Mr. Beach was here
I expected to be called upon for information, but was not, nor can I
say that the consul or vice-consul were in court, although the crew
often said they wanted the consul present. He took no interest in
the case, and made no effort for the release of the crew, who were
kept in jail seventy-five days. The judge bade me tell them that
their detention was illegal.
The writer of this letter, Mr. F. R. Maytorena, was the interpreter
in my case, and will furnish any information that may be asked on
sending word to him at this place, and will tell all that
transpired, and the way the trials were conducted. My lawyer, Mr. C.
F. Galan, Will do so likewise. I do not know the facts in regard to
the proceedings of the court, being sick in bed during my trial, and
the record not being read to me.
