The WITNESS. I prefer not to answer any commercial transactions. I don't see whose business it is except if the court orders it. Mr. ROSE. If he objects to it, I don't wish to press it. Mr. MACFARLAND. As to the main facts there is no desire to conceal the slightest circumstance about them. The COURT. It wouldn't make any difference in the legal question whether the account was a few dollars more or less. By Mr. ROSE: Q. This deposit in Paris was made by whom or to be made by whom?-A. I want to be correct. By different merchants in different places in Europe, who were to accept certain drafts. Q. Drawn by whom?-A. I don't know; I didn't care either. Q. But was it to be made by Mr. Nemours Auguste?-A. The deposit was to be finally made, arranged by Mr. Nemours Auguste certainly. Q. And how much was to be deposited there, was it to cover anything else than your dealings here that you know of?-A. Not a cent, didn't cover it either. No, I said the balance was to be paid on delivery of the steamer at Samana. Q. I understood you were to have the whole of the money deposited in Paris?— A. The whole of what money? Q. To pay for the repairs.-A. No, sir; I never said it; I said this was a deposit and that he paid that deposit, and the balance of our bill was to be paid on delivery of the steamer at Samana, Q. By whom?-A. By the Government of the Republic of Santo Domingo. Q. Name the person that was to pay you?-A. I do not know; I do not care. Q. Was that contract in writing?-A. No, sir; they won't get the ship if they don't pay, that is one thing I know. Q. Is Mr. Auguste a Dominican?-A. I do not know; I believe he is from Paris, but I do not know. Mr. MACFARLAND. I beg that you won't state anything that you do not know, but simply state what you know. Q. Where does Mr. C. P. Kunhardt live?-A. Somewhere in Twenty-third street. If you want him he can be had right away. Q. Hasn't Mr. Auguste ever said to you that he represented the Government of Hippolyte ?-A. Never, sir. By Mr. O'CONNELL : Q. Where was this money to be deposited in Paris, the sum you have mentioned ?— A. At the firm of André, Giraud & Co. I do not know the exact address. Q. What was the sum of money?-A. The court has ruled that I needn't answer that question. Mr. ROSE. The court hasn't ruled. The COURT. You may state proportion of the whole price, that will be sufficient. The WITNESS. Not one-half. The COURT. Less than one-half? The WITNESS. Less than one-half. Q. Have you had conversations with him?-A. I have known him for ten years; why yes. Q. How recently?—A. This morning. Q. Do you know what his business is in this country at present?-A. No, sir. Q. At any time? Mr. MACFARLAND. Wait a moment. The line must be drawn somewhere as to this sort of testimony, and I raise the objection. It is not a proper way of interrogating the gentleman. Mr. O'CONNELL. If your honor please, this testimony is very important to us. This Mr. Frederic Elie is the agent, the representative in this country of the rebel Hippolyte, and he is engaged in purchasing arms and munitions of war for that person. The COURT. You can ask this witness whether he knows any facts showing that. The WITNESs. Ask me, please. Q. I ask you if Mr. Elie has stated to you at any time what his business was in this country? Mr. MACFARLAND. Unless the gentleman must answer that question I object to it. A. Yes, sir. Mr. MACFARLAND. I object to the steam-ship Carondelet and her cargo being embarrassed by some conversation which Mr. Kunhardt had with some one from Hayti. The WITNESS. I am perfectly willing to state my conversations with Mr. Elie have been for the sale of coffee; he asked me if I got 16 cents for coffee; I told him I could not get more than 151, and wanted to sell it in order to make my commission. Q. Did Mr. Elie deposit any money with your house?-A. Not one cent. Q. Did Mr. Auguste deposit any money with your house?-A. Not one cent. told you that Mr. Auguste deposited in Paris. I Mr. Preston to Mr. Bayard. [Telegram.] NEW YORK, February 15, 1889. Latest information is that steamer Madrid will sail to-morrow; I ask the Government of the United States to send immediate instruction to collector of customs of New York to detain her. STEPHEN PRESTON. Mr. Bayard to Mr. Preston. [Telegram.] DEPARTMENT OF STATE, Your communication of yesterday and two telegrams of to-day received, and I have just telegraphed the collector of the port of New York as follows: At the instance of Mr. Stephen Preston, representing the Government of Légitime in Hayti, your attention is drawn to sections 5289 and 5290, Revised Statutes, in connection with steamer Madrid, now lying in New York. Mr. Preston applies to this Department to detain Madrid in order to give him reasonable time to obtain ample proof of her unlawful objects. You will confer with district attorney, and if any evidence is adduced will detain the vessel until you can report to this Department and the decision of the President is had thereon. T. F. BAYARD. Mr. Preston to Mr. Bayard. [Translation.] LEGATION OF HAYTI, Washington, February 15, 1889. (Received February 16.) The undersigned, envoy extraordinary and minister plenipotentiary of the Republic of Hayti, has the honor to inform the honorable Secretary of State of the United States that an alliance was concluded a few weeks since between the Haytian rebels and the Government of the Dominican Republic, by a convention arranged between President Heureaux and General Hyppolite, the leader of the Haytian rebels, which alliance has been followed by acts of war on the part of the Dominican Government against the Government of the undersigned, in consequence of which orders have this day been issued to the Haytian forces to commence hostilities at once against the said Dominican Republic. These orders will be executed without delay. In this grave situation the undersigned has the honor to request the United States Government to maintain a strict neutrality between the belligerents, viz, the Republic of Hayti and the Dominican Republic; and, consequently, especially to oppose the departure of the steamer Carondelet, with its cargo of arms for the Government of the Dominican Republic, and on board of which are: (1) the armament of the steamer Novelty, now known as the Mercedes (see the notes of the undersigned ginia. of the 25th ultimo and the 14th instant), and (2) the armament of the Madrid. The Carondelet is now at Newport News, in the State of VirThe undersigned further requests the United States Government to issue the necessary order, without delay, for the detention of the steamer Madrid, mention of which was made in the note addressed yesterday by the undersigned to the honorable Secretary of State, and also in his telegrams of to-day which not being in cipher, could hardly reproduce the above statements or even allude thereto. The undersigned will hasten to make known in detail to the honorable Secretary of State of the United States the grave events which have necessarily led to this decision on the part of the Haytian Government; and, remembering the exalted position occupied in this hemisphere by the United States Government, the undersigned intends to appeal to it as a mediator, that it may, as soon as it shall be possible to do so, put a stop to a deplorable struggle, for which the course pursued by the Dominican Government renders it alone responsible, inasmuch as it has been guilty of all the aggressions. The undersigned has, etc., STEPHEN PRESTON. Mr. Preston to Mr. Bayard. [Telegram.] NEW YORK, February 16, 1889. Deputy collector of customs, after consultation with district attorney, intends to clear this noon the Madrid, now called the Conserva. In view of the proofs I am ready to furnish, establishing that the Madrid is Haytian rebel property concealed under the flag of their Dominican allies, in view of the further facts stated in my note of yesterday, and in view of the state of war between the Republics of Hayti and Santo Domingo, I must earnestly request that positive and immediate orders be given to detain the Madrid. STEPHEN PRESTON. Mr. Preston to Mr. Bayard. [Telegram.] NEW YORK, February 18, 1889. The Madrid, now the Conserva, is still in Gravesend Bay harbor of New York. Request you to order immediately her detention. STEPHEN PRESTON. Mr. Bayard to Mr. Preston. [Telegram.] DEPARTMENT OF STATE, I have your telegrams of the 16th and 18th instant requesting this Department to order the detention of the Carondelet at Newport News and the Conserva åt New York. In accordance with your previous re quests full opportunity has been given for application to the judicial and customs authorities for investigation of facts in relation to both these vessels. The nationality and ownership of the Conserva, and the destination and objects of the cargo of the Carondelet, have been properly made the subject of investigation and decision by the officials of the appropriate Departments of this Government, and nothing has been brought to my knowledge which gives me authority to overrule, or ground to question their action in the premises. T. F. BAYARD. No. 275.] JAPAN. Mr. Bayard to Mr. Hubbard. DEPARTMENT OF STATE, SIR: The inclosed copy of a report made by me to the President under date of the 22d instant, and of the dispatch of Consul Birch at Nagasaki, therein referred to, will apprise you of the circumstances under which I sought the direction of the President regarding the proper method of carrying out the purpose of the joint resolution of Congress, approved May 24, 1888, "to enable the President of the United States to extend to certain inhabitants of Japan a suitable recognition of their humane treatment of the survivors of the American bark Cashmere," which was abandoned in the vicinity of the island of Tanegashima, in September, 1885. As you will perceive by the report of the United States consul at Nagasaki, that officer, in pursuance of the instructions of this Department, consulted with the Japanese authorities of the district and obtained through them a very carefully considered expression of the views of Watanabe, governor of Kagoshima Ken, within whose jurisdiction Tanegashima is situated, upon the subject of the contemplated employment of the amount appropriated. The governor's recommendation is that the bulk of the sum be bestowed upon the inhabitants of the island as a common fund, to be used for educational and industrial purposes, the fund or capital being invested in such a way that the interest accruing therefrom shall be sufficient to maintain educational institutions of the character suggested, in perpetuity, for the benefit of the islanders. He Before submitting the matter for the President's consideration and direction, I obtained an informal expression of Mr. Mutsu's general concurrence in the recommendation of Governor Watanabe, with the acceptable suggestion that the whole of the fund in question shall be devoted to the purpose indicated, without diversion of any part of it as personal rewards to Japanese subjects not residents of Tanegashima. I have now received the President's directions in the premises. fully agrees with the suggestions made as aforesaid by certain Japanese officials resident in the neighborhood of the proposed beneficiaries and acquainted with their situation, to the effect that the best application which could be made of the donation of this Government would be its use in furtherance of the educational advantages of the people of the island of Tanegashima. The President remarks that this island is reported to have an area of about 100 square miles and a population of about 22,000, but that the inhabitants of the two villages of Isekimura and Akimura appear to be entitled to an especial recognition of their humanity and generosity, and assuming that they do not lie far apart, he considers that the school to be established or endowed should be located in one or the other of the villages named, or else to be accessible to the residents of both. Adopting this line of action, as proposed, the FR 89-34 529 |