See, also, For. Rel. 1897, 590, 591. As to the assault on Miss Melton, an American missionary, at Daree, a mountain village near Amadia, Koordistan, see For. Rel. 1893, 642, 643, 652, 656-665, 668, 683, 689, 695, 700, 704. Mr. Straus, minister to Turkey, telegraphed to Mr. Hay December 9, 1898: “Had a satisfactory audience. The Sultan has directed the indemnity to be arranged, and sends compliments to the President." This promise was followed by a long and varied negotiation, in which the payment of the promised indemnity was insisted on by the United States. It was not till June 12, 1901, that Mr. Leishman, Mr. Straus's successor, cabled that there had been deposited to his credit in the Imperial Ottoman Bank the sum of 19,000 Turkish pounds, being the equivalent of $92,625. This settlement embraced all valid outstanding claims of the United States against the Turkish Government, including those for the destruction of property at Harpoot and Marash. For. Rel. 1899, 765–775; For. Rel. 1900, 906–909; For. Rel. 1901, 518. Riots at Lattimer. 10. KILLING OF RIOTERS BY AUTHORITIES. $ 1031. "On the occasion of the conflict which took place on the 10th instant at Lattimer, near Hazleton, Pa., between the sheriff of Luzerne County and his armed force on one side and the striking laborers on the other, 10 Austrian and Hungarian subjects were killed and 11 more or less severely wounded. I take the liberty, Mr. Secretary of State, herewith to inclose a list of these dead and wounded persons, and to add that it has not yet been possible to ascertain the citizenship of all the victims of that collision, and that there are 23 more wounded men in the hospital at Hazleton whose names indicate that they are of Austrian or Hungarian origin, but the physicians who have them in charge have not permitted them to be questioned. "According to the information which I have received, and which is based upon the inquiries made by the imperial and royal consulate at Philadelphia and the examination of several witnesses of the occurrence, the unfortunate victims of the catastrophe had engaged in no acts of violence and were guilty of no resistance to the lawful authorities that could justify the violent means used against them. "I have the honor to inclose a report of the examination of 13 eyewitnesses, among which are not only the statements of workmen who had taken part in the procession, but also the sworn depositions of American citizens who were not concerned in the affair at all, and I likewise inclose a memorandum in the English language, in order that it may be more readily examined, wherein I have given a concise account of the occurrence as it is shown, by the aforesaid inquiries, to have taken place. "I have no reason to doubt the correctness of these depositions, or that of the reports which I have received, and I have found no fact mentioned in the numerous accounts given by the press that deprives the essential points of the accompanying statements of their force. These important points go to show that: "(1) The workmen who took part in the procession from Harwood to Lattimer were unarmed, and had no intention of engaging in acts of violence at the latter place. "(2) That the sheriff, before fire was opened, had certainly not exhausted all means of asserting his authority in a peaceful manner, but that fire was opened upon defenseless and unarmed men, who had already obeyed the first orders of the sheriff, who forbade them to pass through West Hazleton. "(3) That the men fled at the first shot, and that the firing upon the fugitives was nevertheless continued for two minutes. "In this connection I have the honor, Mr. Secretary of State, to call your special attention to the statement made by Mr. Boyle, the undertaker at Hazleton, who says that of the 10 bodies mentioned by him 9 had received their wounds in the back. "The Imperial and Royal Government, in view of this statement, can not avoid the impression that its subjects suffered death or wounds, not in consequence of unlawful resistance to the constituted authorities, and therefore not through their fault or owing to an unfortunate accident, but through an unjustifiable, illegal, and, as it appears, improper use of the official authority of the sheriff, consequently of a responsible representative of the authority of the State. It has therefore instructed me to call the attention of the Federal Government to the case, and to request it to cause the facts to be subjected to a rigid investigation, and to acquaint me with the result thereof with as little delay as possible. "I have the honor hereby to obey these instructions, and I have, at the same time, been directed to add that my Government reserves the right to ask for a suitable indemnity for its subjects who were killed or wounded on that occasion, and for their surviving relatives." Mr. Hengelmüller, min. of Austria-Hungary, to Mr. Sherman, Sec. of The receipt of Mr. Hengelmüller's note was acknowledged Oct. 9, 1897, and on the 11th of the same month he was advised that the governor of Pennsylvania had been requested to investigate the case and report the result. After further correspondence, not material to the merits of the case, Mr. Hengelmüller was informed, Dec. 28, 1897, that the trial of the persons charged with the killing and wounding of the Austrian and Hungarian subjects would take place during the coming month, and that certain reports on the case which the governor of Pennsylvania had in his possession would be held by him till the conclusion of the trial, since their publication might prejudice it. To this communication Mr. Hengelmüller replied (1) that his Government could in no case consider the "technical question" of the guilt or innocence of the sheriff and his posse of the crime with which they were charged "as, being synonymous with the question whether those victims of the catastrophe, who had a right to their protection, are entitled to indemnity;" (2) that, while his Government had no reason to doubt the accuracy of the investigations made by its own consular officers, it had requested, as a preliminary step, the institution of an investigation by the Federal Government, in the hope that that Government would be glad to "ascertain the facts for itself, and to secure a basis, well established by both parties, for the subsequent treatment of the case;" and (3) that, as the last communication-of the United States was tantamount to a declaration that no such investigation could be made, his Government had instructed him to declare that it must hold the Federal Government responsible for the injuries complained of and must ask of it a just and adequate indemnity for the victims. The United States declared itself unable to accept either the premises or the conclusion of this reply, but, in view of the position taken by the Austrian Government, requested the governor of Pennsylvania to send on the reports in his possession, assuring him that they would not be made public pending the trial of the sheriff and his deputies. For. Rel. 1898, 57, 62, 64, 68. "I have now the honor to advise you that I have received from his excellency, the governor [of Pennsylvania] . . a statement by Mr. Martin, the high sheriff of Luzerne County, and a report by Brig. Gen. J. P. S. Gobin, who commanded the Third Brigade of the National Guard of Pennsylvania at Hazleton during the riots, and also copy of the report of Gen. Thomas J. Stewart, adjutant-general of Pennsylvania, relating to the same subject. "By a collation of these three statements, which are mainly in substantial agreement, the circumstances of the occurrences near Hazleton appear to be as follows: "About the last of August or 1st of September the employees of one of the collieries near Hazleton ceased work because of some difficulty with the superintendent. The employees at other mines followed in sympathy, and the movement developed into large marching parties, which began to assemble and move upon the workings and drive the workmen from their places. The sheriff, whose office is at Wilkes-Barre, was appealed to by the owners of the mines for protection from the interference. He went to Hazleton and summoned and swore in a large number of armed deputies to preserve the public peace. At different times prior to September 10 marching bodies attempted to drive the workers from several mines, and were turned aside or dispersed by the sheriff and his deputies. On September 10, a body of men, estimated at from 300 to 600, started from Harwood to visit Lattimer for the purpose of compelling the men there to cease work. They were met at West Hazleton by the sheriff, who, in the name of the law, commanded them to disperse. They refused and moved on. The sheriff summoned his deputies, and with them reached Lattimer in advance of the mob. As the mob approached, the sheriff, unattended, stepped forward to meet the ringleaders, announced the penalties attending such unlawful acts, and endeavored to persuade the riotous assemblage to turn back. He was surrounded by the mob, some members of which struck him down, the greater number going toward its destination. During the struggle which ensued between the sheriff and the mob, at which time he was entirely surrounded by the rioters, a number of the deputies fired into the mob, as it would seem, without having been commanded to do so, resulting in the killing or mortally wounding of 18 men. The rest of the mob then dispersed. "These statements, as will be perceived, suggest doubt as to the accuracy of the reports heretofore current that the assemblage of striking miners at Lattimer was peaceably dispersing when orders to fire upon them were given by the sheriff. The facts would rather appear to be that, upon the sheriff advancing unattended in order to meet the ringleaders, he was dangerously assaulted and that shots were fired, without command, by the deputies in the attempt to rescue him. However this may be, I deem it proper to suspend all judgment. upon the merits of the question at issue pending the trial which is about to take place, in the course of which I may assume that the true facts of the occurrence will be elicited. "Following a precedent which has been set in some cases heretofore it is proposed to have a representative of the Federal Government present at the trial to watch the proceedings and report thereon, to the end of thoroughly investigating the matter with a view to such further treatment as may be just and proper." Mr. Sherman, Sec. of State, to Mr. Hengelmüller, min. of Austria- "The reports which, according to that note [of Jan. 20, 1898], have been received by the Federal Government present the occur rences in question, in many important particulars, in an aspect differ ent from that in which they were presented in the reports received by us, which were sent as inclosures to my note of September 28. This difference in the presentation of the case would especially seem to call for a comparison and scrutiny, as accurate as possible, of the material on both sides, which is based both upon the statements of persons who participated in the incident and upon those of persons who took no part therein. In consideration, however, of the circumstance that the Federal Government, according to your note of January 20, Mr. Secretary of State, considers the question of the way in which all the occurrences actually took place as an open one, I think it proper for me now to refrain from any discussion of the merits of the case, and I take note of your declaration that the Federal Government suspends its decision during the pendency of the trial which is about to take place, and that it expects the facts of the case to be fully elucidated by that trial. I have the honor, at the same time, to express my warmest thanks to the Federal Government for the intention which it has expressed of sending a representative to be present at that trial, and to request you, Mr. Secretary of State, to convey this expression of gratitude to the proper quarter. "In the meantime I take the liberty to call special attention to the fact that, according to the reports transmitted to the governor of Pennsylvania, fire was opened on the workmen taking part in the march by the sheriff's deputies, although they had received no order to that effect. This statement agrees with the account given in my memorandum of September 28, and I refer to it as a further proof of our oft-repeated assertion that the question of the accused sheriff's guilt, or of his innocence of the crime with which he is charged, is not synonymous with the question whether the victims of the catastrophe are entitled to indemnity." Mr. Hengelmüller, min, of Austria-Hungary, to Mr. Sherman, Sec. of At the request of the Department of State, the Attorney-General of the United States detailed Mr. Henry M. Hoyt, Assistant AttorneyGeneral, to attend the trial at Wilkes-Barre. Mr. Hoyt was furnished by the Department of State with a letter to the governor of Pennsylvania, who, upon his appearance with it, gave him a letter to the president judge of the courts of Luzerne County, by whom he was afforded every opportunity to follow the course of the proceedings. The trial was opened at Wilkes-Barre, Feb. 1, 1898. The defendants were James Martin, sheriff, and 68 deputies, who were indicted jointly for murder, with a second count for manslaughter, in the case of each man killed, and for felonious wounding in the case of each man wounded. An indictment in the case of one of the victims killed was selected for trial, and on March 9, 1898, the jury rendered |