B.

VALPARAISO, August 27, 1852. SIR: I think it my duty to inform you, officially, of recent occurrences in this city which may affect the life or liberty of an American citizen. The facts, according to the best information I have been able to obtain, are as follows: On Sunday last, the 22d instant, at about 7 o'clock in the evening, an affray took place on the mole between two sailors, the one a Frenchman and the other a Swede, and both belonging to the American ship Venice, arrived the day previous from Philadelphia, and bound to San Francisco, with an assorted cargo and passengers. Some Chilean boatmen on the mole interfered in the quarrel, and took the side of the Frenchman; this probably provoked an interference upon the part of others standing by, since it appears, though in what manner or for what cause I have not been able distinctly to understand, that the quarrel very soon became general. At this time one Stewart, a citizen of the United States of America, the second mate of the Venice, and two other passengers, were standing by at a short distance, somewhat further from the sea. They were not concerned in the quarrel and had taken no part in it whatever, when suddenly they were assailed by a discharge of brickbats which struck several of them, and some fifteen or more Chilenos rushed furiously upon them, crying " Americanos." The others got out of the way with more or less injury, one of them having a severe wound on the head, but Stewart was knocked down, and a number, ten or fifteen as I am informed, fell upon him confusedly. Up to the time that he was knocked down and covered with persons so that his actions could not be seen, two persons of respectable appearance and demeanor-one being the second mate, and the other one of the passengers of the Venice, who were within a few feet and had their eyes upon him-have declared, upon oath before me, that he did not strike and could not have struck the blow. What happened afterwards, and if at all in self-defence, is, so far as they are concerned, a matter of conjecture. It appears, however, that in the course of the affray one man, a Chilean, was mortally wounded by a stab with a knife: he has since died. For this act Stewart, who was also seriously injured, (since he was carried away senseless,) was arrested and placed in prison, where he now is.

On Monday morning, having ascertained that the mate and the two passengers of the Venice, before referred to, could give important testimony in favor of Stewart, I called upon the judge of the criminal court at this place, (in company with a German gentleman who was kind enough to act as interpreter,) and stating to him the importance of the testimony, requested that the examinations of these persons might be taken immediately, as the Venice was on the eve of sailing. I could not prevail upon him to do this, or to appoint an earlier day for that purpose than the Wednesday following. On Wednesday, at the hour appointed, having prevailed upon the captain of the Venice to delay his departure, I again called upon the judge, taking with me the witnesses, and requested him to take their testimony, which he, a second time, refused to do, saying that he would hear

them on the next day or the day after. I stated to him that before that time the Venice might sail, taking with her the witnesses, and that the accused might thus be deprived of the benefit of their evidence, and in consequence be unjustly convicted; but I was unable to change his determination. He promised, however, that he would, if possible, take the testimony on the next day, and that he would give me notice of the hour. On the next day the witnesses, by my directions, called at my office, and the captain of the Venice at the same time also appeared, and declared that he could no longer delay sailing, and that with the first wind he must leave the port. I then addressed a letter to the judge, not having heard from him in the interval, stating that the Venice was on the point of sailing, and urging him, as a matter affecting the life and liberty of a man, to consent to take the testimony immediately. In the mean time, as a precautionary measure, though I supposed it would have no validity in the court of Chile, I proceeded to take the testimony of these witnesses myself, but necessarily in a hurried manner. Shortly afterwards I received a message from the judge, informing me that the witnesses might repair to his chambers, and that he would examine them. They went accordingly, and one of them was examined, when, as I am informed, for I was not permitted to be present, the judge refused to proceed further, saying that he was tired. It was then about three o'clock, and the examination had occupied not more than one hour. The judge has twice said that he did not care whether the witnesses were examined or not. On the following day, Friday, the Venice sailed, the witnesses not having been able to come on shore. I have here presented to you a bare statement of the facts without comment or suggestion.

What may be the evidence against the prisoner I do not know; but it is my belief, and I think it my duty so to inform you, that by the unjust and inhuman conduct of the judge, his liberty, if not life, is placed in peril. I believe there is no nation within the pale of civilization that denies to a party accused, whether native or foreign, the right to adduce testimony in his favor. There is no mode of determining guilt or innocence but by a trial, and in this case the accused has not been allowed a trial in any just sense of that word. The witnesses against him have been heard, but those in his favor have not been permitted to testify. There were four days in which they might have been heard, and their examination need not have employed more than a few hours. In order that they might be heared, the ship, in which they were, was detained several days in port, and this the judge well knew. Upon two occasions, appointed by himself, he failed to take their testimony. There is no pretence that it might not have been taken legally, properly, and in accordance with usage. The reasons assigned by the judge for omitting his duty are that he was tired, and did not care whether the witnesses were examined or not.

I will further add that information, obtained by me, induces the belief that Stewart is innocent of the crime of which he is accused. The testimony of one of the witnesses, not heard by the judge, would have gone to show that another was, by his own confession, the guilty person. It seems improbable that Stewart, when on the ground,

pressed by the weight of ten or more persons, could have struck the mortal blow; and it appears certain that he did not do so before. But, if otherwise, I yet believe that the act was a justifiable one, done in self-defence, and when his own life was in peril.

I am, respectfully, your obedient servant,
WILLIAM DUER,

His Excellency BAILIE PEYTON,

United States Consul.

Envoy Extraordinary and Minister Plenipotentiary

of the United States, at Santiago, Chile.

D.

VALPARAISO, August 31, 1852.

SIR: According to your order, I handed your letter over to M. J. A. Herguenigi, criminal judge of this place, and the same begged me to inform you that he could give no answer to any note which was not written in Spanish; and, even addressing him this moment, in the before-named way, he could give to you no information about the state of the declarations of the prisoner, W. N. Stewart, committed for murder, nor allow any copies to be taken of the same, as they were always kept secret until the sumario was finished; this done, any prisoner had the liberty to bring forward his witnesses, &c. I have the honor to sign, sir, your most obedient servant, HUGO JENCQUED.

WM. DUER, Esq.,

United States Consul, Present.

P. S. In respect to the declarations taken by you, and left in the judge's office, the same declares to have torn them to pieces.

Your obedient servant,

HUGO JENCQUED.

E.

VALPARAISO, August 30, 1852.

SIR: I have to request of you that I may be furnished with copies of the depositions taken, and that may be taken, in the case of the American Stewart, who is confined on a charge of murder.

My position makes it my duty to take every proper step necessary to protect his rights.

Your omission to take the testimony of the witnesses in his favor, though the ship in which they were passengers was detained three days for that purpose, has deprived him of the opportunity to establish his innocence, and taken from the trial what value it might have as a means of ascertaining the truth.

I have thought it my duty to lay before the American minister at Santiago the facts of the case.

It is hardly necessary to add that I will pay the expense of making copies of the depositions. I do not wish them translated, but in the original.

Will you also do me the favor to return to me the depositions of the mate and passengers of the Venice, which were taken by me, and left at your office on Thursday last.

I am, respectfully, your obedient servant,

WILLIAM DUER,

United States Consul.

To the JUDGE of the Criminal Court, Valparaiso.

F.

NOTE. The enclosed despatches were sent to me open by Mr. Peyton for the purpose, and with the request, that I should add to them copies of the depositions taken by me, and referred to in my letter to him. Those depositions were left by me in the office of the judge, in the supposition and with the view that they might aid him in taking the testimony of the witnesses, which I did not doubt that he would do. When I found that that was omitted I sent for them several times, but my messenger was not able to find the judge; and, finally, I addressed to him a letter requesting (among other things) their re turn. His answer (verbal) was so extraordinary that I requested the gentleman, to whom it was delivered, to communicate it to me in writing. I enclose a copy of it, together with one of my letter to him.

I shall not suffer any question of form, or any incivility to myself personally, or in my official capacity, to prevent me from seeking to obtain justice in every proper mode for my unfortunate countryman. I must say, however, that the whole conduct of the judge, in which there has been no more evidence of justice or humanity than of civility, leaves me, so far as he is concerned, without hope.

In consequence of a want of explicitness in my letter to him, Mr. Peyton has fallen into an error in supposing that the trial was a proceeding yet to take place. It was on the trial, and not in any preliminary examination for the purpose of ascertaining whether there were sufficient grounds to put the prisoner on his defence, (which I believe is unknown here,) that I offered the testimony of the mate and passengers of the Venice.

In this country there is no jury, grand or petit, no indictment or other formal accusation, no public trial, and no counsel for the prisoner or public prosecution; but the whole proceeding is conducted by the judge, who examines the witnesses separately and in secret, and reports the evidence to a full bench, consisting of three judges, who pass upon the case. I shall write by this mail to Mr. T. Butler King, collector of San Francisco, to request that the examinations of the witnesses on board of the Venice may be taken on her arrival at that port and forwarded to me. These will be important in the event that, through the interposition of the minister of the United States, the prisoner shall be reprieved. But it is possible that before their arrival the prisoner may cease to exist.

It will be seen by the letter of Mr. Hugo Jencqued that the judge

intimates that the proper time to hear the witnesses for the defence is after those have testified who support the charge. But that this is no insuperable difficulty is evident from the fact that he promised to examine and did commence the examination of the witnesses for the prisoner before closing the testimony on the other side. Besides, there was ample time before the Venice sailed to complete the whole examination.

WILLIAM DUER,

United States Consul.

[No. 42.]

Mr. Peyton to Mr. Webster.

[Extract]

LEGATION OF THE UNITED STATES,

Santiago, Chile, September 13, 1852.

SIR: I have the honor herewith to enclose for your information a copy of a letter which I addressed to Mr. Varas in relation to the case of William N. Stewart, marked P, and a translation of his reply, marked Q. Also copies of several other papers appertaining to the same case received from William Duer, esq., United States consul for the port of Valparaiso, marked A, B, C, D, E, F, &c.

I remain your very obedient servant,

Hon. DANIEL WEBSTER,

*

BALIE PEYTON.

Secretary of State of the United States, Washington.

P.

LEGATION OF THE UNITED STATES,

Santiago, Chile, September 5, 1852.

The undersigned, envoy extraordinary and minister plenipotentiary of the United States of America near the government of Chile, has the honor herewith to enclose, for the consideration of his excellency Señor Don Antonio Varas, minister of state and foreign relations of Chile, copies of certain documents which he has recently received from William Duer, esq., United States consul for the port of Valparaiso, relating to the case of William N. Stewart, a citizen of the United States, now confined as a prisoner at Valparaiso on a charge of murder; which documents are six in number, and marked A, B, C, D, E, F.

From these papers it appears that, on the 22d of August last, an affray took place on the mole in Valparaiso, between a Swede and a Frenchman, both of whom were sailors belonging to the crew of the United States ship Venice; that other persons taking part in the