The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-01-20
.ss, n,,,ll,un
Findings Of the Promoter Fiscal
Reported to the Judge Of
Crimes.
A Labored Effort to Make a Bad
Showing for the Balti-
more's Men.
People Of the Little Republic
Down South.
[Copyright 1852, by the lress Publishing com
8Tl pany New York World

VALPARAISO, win Galveston. Jan. l9.--It is
true the Chilian government has notified
Captain Evans, of the Yorktown, that it
was unable to guarantee the safety Of refu-
gees on board his ship if he undertook to
transfer them to any departing steamer,
and neither could the government prevent
any steamer on which they took passage
from being searched in any Chilian port at
which the vessel might touch while on the
way north. There WAS no change of mind
on the part of the Chilian authorities in re-
gard to the refugees. In proof of this, it is
only necessary to look at the facts. BY
the following statement from high author
ity, it is claimed the government is power
less in the premises: 1.-The government of
Chill has no right under the constitution
Of the country to interfere with courts or
public prosecutors and could not prevent
the seizure Of refugees in any port Of Chill
they touched at on the way in any direction
to a neutral port"
This plain and direct statement Of the
law and facts should put at rest the notion,
if any such exists, that the surrender Of the
refugees to American authorities had a
stout tight string attached 70 it. The re-
port Of the promoter fiscal to the judge of
crimes in the Baltimore affair has been
given to the public and there has been
time to examine it. This document con-
tains 5000 Words 1t says efforts were di-
| rected from the first to ascertain the origin
of the trouble, but were unavailing Several
different accounts of the affair we're re-
ceived. The commandant of police states
! that the row began in some unknown tavern
| in one part of the city. Another witness
| says it began by tho American sailors
beating Chilian sailor in an altogether
different part of town. The Chilian police
say it began with fight with left-handed
Chilian sailor and an American, and last of
commenced by some Chilians splitting in
the faces of two American sailors in the
street. The crowd near by was waiting to
attack them should they resent the insult.
| So it was said at the time the Baltimore's g
men took refuge on tram car, but the
crowd stopped the oar, hauled the men out,
beating them with sticks and stones and
knitting them.
The promoter fiscal has not accepted the
story that the trouble begun with the re-
senting by the Americans of the splitting in
their faces. He closes the introduction to
the report by asserting that the fight owes
its origin to two drunken Baltimore sailors
striking Chilian sailor. He then recounts
the list of injured and says it has only been
possible to establish the culpability of four
men. The testimony of James johnson
and Charles Langn, two of the Baltimore's q
crew. whose testimony was taken bore, was
rejected in the following language: "How
house together and went together to the
scene OF the occurrence, it results that
they did not know each other, nor had they
spoken to each other until they met at the
scene of Boatswain's Mate Riggin's death!
How is it that before knowing Lnngin he de-
poses that on the day of the occurrence they
were dining together i'll a boarding house!
johnson says on the day of the occurrence
ne dined together with Langin in an eating
house on Cochrane street. Moreover, is il
possible that the act Of raising wounded
man, and knowing if he could walk or not,
could pass unobserved under such or any
other circumstances? The conclusion il
drawn that persons who indulge in such in
consistencies are not worthy OF belief =
He says further that their testimony ia CON
tradicted by that of numerous witnesses,
which fully proves it is not possible to at
that it was the work of some unknown per
son thus far undetected. II will add that
the testimony OF those numerous witnesses
is rs full of inconsistencies rs is that OF
Johnson and LanQin. Further, their testi-.
mony conf rms much of Johnson's and
Langin's. such as the raising OF Riggin
calling for liquor. holding Riggin's head on
Johnson's shoulder, hearing shots, etc. but
no one testifes as to who fired the shot.
"Langin's testimony is substantially this
when Riggin rose the first time two police
men came up. They drew short swords and
knocked him down again, then stood back
and let the crowd beat him. Afterward q
squad of soldiers appeared and marched by
twos under command of q mounted officer.
They marched to within Six feet from where
johnson was holding RiRgin in his arms
There they halted and the first two soldiers
leveled their rifles and fired at the two
American sailoys. l was about fifteen feet
off on one side,' continued Langin. Nc
one WAS between me and them, the crowd
being back of the soldiers at that moment
No other shots were fired by any one.
distinctly saw the soldiers level the rifles al
the Baltimore's men and fire. The crowd
had drawn back when the soldiers came up
leaving clear the passage between Riggin
and the soldiers. After the first shot was
fired tho soldiers pressed forward a little
and could not see the second man who
fired, but am sure it was one of the leading
soldiers who fred
"As many witnesses exist who are ready tc
say the shot was Ired by the pollce as there
are that deny"
Then following the report of the expert
on the bullet hole. He says that opinion is
divided on this point among docto1s still,
and while some assert that in their opinion
it was caused by rifle bullet, it is rejected
by others because they give no reason fol
the opinion. Drs. Cavallo and Calderon
maintain that they cannot tell if the bullet
caused Higgins death, and give as reason
that they saw the body the dny after death.
This is accepted. Two Chilan experts OK
press their opinion that the holes in the
shirt may have been made by large sized
/, revolver, but can give no opinion ns to what
caused the holes in the neckerohief. Lieut..
McCrel. expressed the same opinion, but