2. In cases of murder and homicide, the widower or widow; the ancestors or descendants by blood or affinity; collaterals; uterine, by blood or affinity up to the second degree; heirs of the victim, and the natural fathers, mothers, and children to which paragraph 3 of article 261 refers. The exemption from bond is not applicable to foreigners unless same corresponds to them in virtue of international treaties or by the principle of reciprocity. No. 319.] Mr. Loomis to Mr. Squiers. DEPARTMENT OF STATE, Washington, January 14, 1904. SIR: Referring to former correspondence in regard to the killing of E. A. Murray, I have to request that you will ask the foreign office to advise you as to the result of the investigation which Mr. Żaldo on November 9 last stated had been ordered "to find out what responsibility there may be on the part of the police on duty at the police headquarters of Puerto Principe." You will inform the Departinent of the result of your inquiry. F. B. LOOMIS. Mr. Squiers to Mr. Hay. AMERICAN LEGATION, No. 825.] Habana, January 22, 1904. SIR: Referring to legation's dispatch No. 790, of December 31, 1903, and Department instruction No. 319, of the 14th instant, relative to the murder of E. A. Murray, an American citizen, I have the honor to transmit herewith translation of a note received from the foreign office advising me of a decision which has been rendered by the audiencia at Camaguey, the place where the murder was committed, acquitting Manuel Fuentes Remedios, alias "Jubileo," who had been charged with the murder, on the ground of insanity, and confining him to an asylum for the insane. The proceedings against the police officer, Serafin Monteo, who locked up the murdered man in the same cell with the insane negro, supposed to be harmlessly so, have also been dismissed, but he will be punished for negligence in the discharge of his duties. H. G. SQUIERS. I am, etc., [Inclosure.] Mr. Zaldo to Mr. Squiers. DEPARTMENT OF STATE AND JUSTICE, Mr. MINISTER: Referring to the murder of Mr. E. A. Murray, in consequence of which the corresponding cause followed before the tribunals of Camaguey, where the murder occurred, I have the honor to inform your excellency that I am informed by the chief magistrate of the audiencia of that city that a decision has been handed down in said cause entirely dismissing Manuel Fuentes Remedios, alias “Jubileo," principal of the crime, as his state of insanity was demonstrated, and he was, therefore, irresponsible for his acts; and that he has been ordered confined in the insane asylum. Police Officer Serafin Monteo, jailer at the police headquarters, was likewise dismissed (he being the one who, ignorant of the insanity of "Jubileo," put him and Murray both in the same cell), inasmuch as none of his acts constituted either a crime or misdemeanor. However, the municipal mayor was informed thereof, in order that he might be administratively punished for the negligence he has shown in the discharge of his duties. SIR: Referring to my dispatch No. 825, of January 22 last, with respect to the murder of Edward A. Murray, an American citizen, I have the honor to transmit herewith copies and translations of further correspondence regarding the case." I desire to invite the Department's attention to the grossly inadequate punishment of the policeman who, if the Government's contention that Murray was alive at the time he was placed in the cell is true, was guilty of gross neglect of duty as well as criminal carelessness, which resulted in Murray's murder. Five days arrest in the police barracks for placing a drunken man (Murray) in the same cell with an insane negro, the latter armed. Contrast this punishment with the usual sentence given a drunken American sailor for striking a policeman-one year and eight months. I do not know what further action there is possible for the legation to take in the matter, and shall drop the case unless otherwise instructed. I have, etc., H. G. SQUIERS. Mr. Hay to Mr. Squiers. No. 438.] DEPARTMENT OF STATE, Washington, October 10, 1904. SIR: I have to acknowledge the receipt of your No. 1083, of the 1st instant, inclosing copies of further correspondence regarding the case of the murder of Edward A. Murray. It appears there from that the policeman, from whose negligence of duty and criminal carelessness in placing Murray in a cell with an insane armed negro the murder of Murray resulted, was sentenced to five days' arrest in the police barracks. The Department concurs in your view that this punishment was entirely inadequate, and desires you to so inform the Cuban Government, and to ask that a punishment commensurate with the offense be imposed in the case. I am, etc., JOHN HAY. a Not printed. FR 1904 M-- --17 DENMARK. NEUTRALITY OF CHINA IN THE WAR BETWEEN RUSSIA AND JAPAN. Mr. Hay to Mr. Swenson. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, Washington, February 11, 1904. (Mr. Hay instructs Mr. Swenson to consult the Danish Government in regard to the possibility and desirability of an arrangement between the neutral powers to use their good offices with Russia and Japan for the purpose of inducing them to respect China's neutrality and administrative entity as far as possible, limiting and localizing the area of hostile operations to minimize the disturbance and excitement of the Chinese people and the injury to commerce and to the peaceful intercourse of the world. If no opposition to this proposition is offered he is instructed to suggest that the representatives of Denmark at St. Petersburg, Tokyo, and Peking be instructed in this sense.) Mr. Swenson to Mr. Hay. [Telegram.-Paraphrase.] AMERICAN LEGATION, Copenhagen, February 15. 1904. (Mr. Swenson reports that the Danish Government is in favor of Department's proposal and will accept the same as soon as the acceptance of France, England, and Germany is announced.) Mr. Swenson to Mr. Hay. No. 329.] AMERICAN LEGATION, Copenhagen, February 16, 1904. SIR: I have the honor to acknowledge the receipt of your telegram of the 11th instant and to confirm mine of the 15th in reply. On the same day that your telegram reached me I communicated its contents to the minister of foreign affairs in a note, of which you will find a copy herewith. I also called at the foreign office and had a long interview with the minister regarding your proposal. His excellency began by saying that the proposal did "great honor to Mr. Hay." He liked the moderate and discreet language in which it was couched, and expressed warm admiration of the just, humane, and broad minded views it represented. He was very frank in discussing the matter, assuring me that he approved your suggestions unreservedly, and that he would lay them before the King at the earliest opportunity. On the following day, February 13, my note was read at a council of state, attended by the King and the crown prince. In the evening the crown prince and minister of foreign affairs were present at a dinner which I gave in my apartments, and both took occasion to speak of your proposal and of the Danish Government's attitude with regard to it. I understood that the opinions of the King, crown prince, and the ministry had all been favorable to your plan. * * * Yesterday, February 15, I again called at the foreign office to ascertain if favorable action had been taken, or would soon be taken, on your suggestion. The minister told me that no instructions had as yet been sent to St. Petersburg, Tokyo, and Peking. He had been informed by Danish diplomatic representatives at the principal European capitals that the governments which had replied to the American proposal had accepted it only in principle. That being the case, Denmark could not well take the lead in so important a matter; but as soon as some of the other powers-for instance, England, Germany, and France-announced their acceptance Denmark would follow without delay. * * * The Danish proclamation of neutrality was issued on the 10th instant. The neutral obligations are recited, and all concerned are warned to heed the same. The Rigsdag has subsequently passed a law increasing the penalties imposed by the statutes relating to neutrality. Fifteen hundred reserves have been called in to increase the garrisons at the various fortifications. The navy is also put in better readiness for an emergency. EXCELLENCY: In a telegram dated the 11th instant, which reached me this morning, anent the present Russo-Japanese war, the Secretary of State instructs me to consult your excellency regarding the possibility and desirability of the neutral powers concurrently using their good offices with Russia and Japan to induce them to respect the neutrality and, in all practicable ways, the administrative entity of China, to localize and limit, as much as possible, the area of hostilities, so that undue excitement and disturbance of the Chinese people may be prevented and the least possible loss to the commerce and the peaceful intercourse of the world may be occasioned. My Government is animated in this matter by a desire to preserve the peace of the world, an object which I know the Danish Government no less ardently wishes to promote. I shall take the liberty of calling on your excellency this afternoon for the purpose of discussing Secretary Hay's proposal, which I hope will receive your approval. I avail, etc., LAURITS S. SWENSON. No. 331.] Mr. Swenson to Mr. Hay. AMERICAN LEGATION, Copenhagen, February 24, 1904. SIR: Referring to my 329, of the 16th instant, I now have the honor to inclose herein a copy of a note from the minister of foreign affairs, dated the 23d instant, in which the Danish Government formally accepts your proposal regarding the neutrality and administrative entity of China. The diplomatic representatives of Denmark at St. Petersburg, Tokyo, and Peking will immediately be notified that such action has been taken. I have, etc., LAURITS S. SWENSON. [Inclosure. Translation.] Mr. Deuntzer to Mr. Swenson. COPENHAGEN, February 23, 1904. MR. MINISTER: I have received your note of the 12th instant, in which you were good enough to communicate to me the proposal of his excellency the Secretary of State at Washington relative to concurrent action by the neutral powers in the war between Russia and Japan, for the purpose of requesting the belligerent powers to respect the neutrality of China. In reply, I have the honor to inform you, as I have already done verbally, that His Majesty's Government adheres in principle to the above-mentioned proposal, which has been conceived for a humane purpose and which accords with the ardent desire of the Government that the peaceful relations of the world be disturbed as little as possible. In approving the principle of the proposal, His Majesty's Government does not, however, intend to obligate itself thereby to cooperate in such measures as the other neutral powers may deem necessary or opportune in consequence of the concurrent action referred to above. Be pleased, etc., DEUNTZER. |