Los Angeles herald., 1891-12-04
The San Diego Collectors
Queer Franks.
An international Investigation
the Result.
Deputies Who Make Seizures ON the
Soil of Mexico.
A Plain Statement of What Appears to
Be . Very Serious Mistake on the
Part OF q Federal Ofcer-Afi-
davits Sent to Mexico.
The following communication explains

The following communication explains
itself:
SAN DIEGO, December 2, 1891.
EDITORS HERALD: The peculiar ideas
of Mr.. John r. Berry, collector of the
port OF San Diego, as to the extent OF his
jurisdiction in the exercise of his Office
seem to DE likely to lead that gentle
man into the intricacies OF an interna-
tional investigation, which may result
somewhat disastrously to his political
headpiece. To see the pranks he has
lately cut up is better than liberal
education.
1t seems that Mr.. Smith, who does the
best he can to carry out the wishes OF
his chief on the line between this coun-
try and Mexico in the vicinity of Tia
Juana, for some reason best known
probably to the powers of the collectors
Office, on the 10th day of November, 1891,
conceived the brilliant notion that there
were too many horses running at large
upon the ranch of Jose G. Yorba, which
ranch, by the way, is situated in the
EOpuUtiC Vi uOAlCOS anu 40 OWhCa ny
Mr.. Yorba, who is citizen of that
country. Fired by patriotic desire to
replenish the treasury of the United
States by at least few of the horses on
Yorba's ranch, and for other reasons best
known to himself, Smith specially dep
utized three men for the purpose, and
ordered them to go across the line divid-
ing the United States from Mexico, on
to the ranch of Senior Yorba, and drive
some FIVE or six horses, the property of
Yorba, off from his ranch into the
United States, where the vigilant Smith
at once seized them in the name of the
government OF the United States, in
open defiance of every law known to
any one not cognizant of the mysteries
of the United States collectors Office at
San Diego.
Naturally Senior Yorba was quite sur
prised and mildly indignant that such
liberties should be taken with his pri-
vate property by the minions OF gov
ernment whose authority is not sup
posed to extend over Mexican soil,
although he, together with every non.
official citizen of every country, is forced
to recognize the peculiar and irresistible
authority undoubtedly exercised by
John R. Berry and his faithful servant,
Mr.. Smith.
Notwithstandin this feeling of help
lessness which Sefior Yorba experienced,
he came to San Diego and employed the
law firms OF Luce & Mcdonald and Cope
land & Daney to search the laws of the
United States in order to explain when
the particular law was passed which
confers upon United States officers the
authority to invade foreign countries and
drive away the stock of the citizens
thereof. The attorneys labored long and
faithfully, but no such Law could they
find; indeed, they ventuied the opinion
that no such law had ever been en-
acted, and advised Sef1or Yorba to place
the facts in the hands of the Mexican
consul at this place, to the end that he
might inquire into the matter and have
the authorities at Washington (if they
are powerful enough, require Mr.. Berry
to explain from whence he had derived
such extraordinary power. This Sefor
Yorba did, as will fully appear by the
following affidavits, which are now on
file in the consul's office. | understand
that the facts contained in these afii-
davits are known positively to a num-
ber of citizens of both republics, and
so far as has yet been heard no COM
plaint Of any kind has ever been made
against Sefior Yorba. In TACT he is we'll
known as O quiet, law abiding citizen,
whose chief desire is to be allowed to
attend to his duties as good citizen OF
his native country, Mexico. In order to
do something to fully impress the DOW
ers at Washington with the immense
services which are being rendered by in
vading foreign countries and levying
tribute upon the property OF the inhab-
itants thereof, our noble collector at
once procured the arrest Of d. 0. Nc
Carthy and his son Harvey upon
charge of having smuggled into the
United States the very horses which his
own deputies had themselves seized and
driven across the line. This was pro-
ceeding which might be calculated, un-
der ordinary circumstances, to impress
disinterested persons with an oppres-
siye sense of the vigilance OF the col
lector's office. 1t was 60 intended by
the genius who presides over the des-
TIMES of the United States at San Diego,
hut these horses had come over the line
nnder extraordinary circumstances, in
fact they had been driven over the line
Inv Mr.. John R. Berry's own deputies.
Mr.. Berry reflected Che does reflect
sometimes), and the result Of his redec..
tions was that he entirely abandoned
the charges against D. o. Mccarthy and
his son for smuggling these particular
horses, and procured their arrest on
: charges of having smuggled some other
horses. In this emergency, a happy
fate informed him that the Becklvs had
bought horses; also that Mr.. Bird had
a pair of horses from Mexico. AL
though Mr.. Bird informed Mr.. Berry
that he himself had gone into Mexico
and bought the horses, producing the
receipt for the duties paid, nevertheless
. our worthy collector had warrants
issued for the arrest of the McCarthys
+. charging them with smuggling botf
Beckley's and Birds horses.
On the ensuing trial before United
States Commissioner Ward, United
States District-Attorney Cole conducting
the examination. it was proved that th
Beckleys themselves had gone int
Mexico and purchased the horses, an,
paid no duty on them. The evidenc
was so extremely thin on both charge
that everybody laughed, and the charge
were promptly dismissed. Everybod
agreed, who heard the evidence, tina
Mr. Mccarthy and his son were inne
cent. but no person was wise enough :
tell whv the horses of Senior Yorba ha
been driven across the line by Mr.. Joh
&y,so I'm r1r<