Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-09-14
Charges Stated by the Mica
raguan Minister.
REFUSED TO PAY TAX
DECLARES AMERICAN IGNORED
THE LAW.
State Department Will Send Minister
Merry to the Scene to Make
a Report.

The minister of Nicaragua. Senior L. F.
Corea, has received copies OF the proceed
ings in the case OF William s. Albers. who
was arrested in March Of this year and
whose trial began before the district court
in Ocotal. Nicaragua, on April Z. He also
received full information regarding the
question OF the withdrawal OF tho exc
quatur of American Consul Donaldson at
Manasua, which occurred August II. last.
after the consul had been charged with
writing a far from fattering letter to
President Zelaya Of the Nicaraguan repub-
lie. In discussing the case today Minister
Corea said:
Nicaragua has had for many years quite
large American colony and during the
government Of President Zelaya, who has
held his position for the last twelve years,
there has been no trouble to speak OF be-
tween Nicaragua and the United States.
Albers has resided in Nicaragua FOR some
time and has been engaged In trade and
among other things in the raising OF to-
bacco The tobacco industry of Nicaragua
is in the hands of a syndicate which pays
every year a certain sum to the government
and has the right to ask that all the private
growers of tobacco shall pay certain tax
In return for the privilege Of keeping their
tobacco in their storehouses and selling
1t as they may wish. In case any one re-
fuses to pay this tax. his tobacco IS soia
publicly, the tax is kept out of that amount
and the rest OF the money Is returned TO the
owner The copy of the legal documents
state that Albers did have tobacco In his
possession, but refused to pay the tax ana
comply with the law.
Alleged Defiance.
"For this reason about the beginning OF
March the authorities of Jalapa were IN
structed to demand the tobacco from AL
bers, whereupon Albers stated that any
one who tried to collect this tax and enter
his house would do so at his own risk. AL
bers began to arm his laborers, at the same
time raising the American flag on his house
and threa tening the authorities with trou-
BILE If anything should be done to him Inc
authorities of Jalapa then reported to the
tribunal Of Ocotai, and Albers was given a
preliminary hearing before that tribunal on
the 7th Of April. The tribunal appointed an
official defender and allowed him to choose
his own lawyer. AS has been stated before
in DISPATCHES to the State Department.. his
prison life was not very hard and he was
allowed to spend part of his time In his
own home. The hearing was still going on
when on August II the American consul at
Managua, Mr.. Donaldson, addressed direct
ly to the president. who was a persona!
friend letter asking for the liberty OF
Albers Albers has on several occasions
given trouble. The rational way to act for
Mr. Merry, the American minister. Presi-
dent zelaya answered stating that as the
case was in the hands OF the tribunal and
had not yet been settled 1t would be I'M
possible for him to intervene at that mo-
ment.
Ultimatum From the Consul.
Shortly afterward Mr.. Donaldson re-
peated his request to the president with
the same result, and then finally sent to
OF written In the tnlru
person in which he made kind OF ultima
tum and stated that, in case Albers was
not released within twenty-four hours, he
could not be held responsible for the re-
suits. The secretary of state sent his frst
assistant to Mr.. Donaldson to tell him tnat
such letter was received. but that, as II
was written in the third person. and al
dressed to the president, he could not be-
lieve that it was written by the consul
representing a friendly nation. Mr.. Don
aldson. however stated that ne was not
only the sender of the document, but also
that he did not retract a single word. he
also expressed his desire to leave the coun-
try as soon as he could find another ap-
pointment, whereupon the Nicaraguan gov
eminent. partly complying with his own
wishes, conceled his exequatur.
That is as far as the case has come up
to this moment. The hearing of the case
has not yet reached a conclusion, and Con-
sui Donaldson has not yet returned to this
country. Our only late information has
been so far the dispatches between Mr..
Merry, American minister to Costa Rica
and Nicaragua, who lives In San Jose. Costa
Rica and the State Department, and an
anonymous letter which was published yes
terday.'
Minister Merry to Report.
Having been for several weeks past In
communication with Mr.. Merry. the Ameri-
can minister to Costa Rica and Nicaragua,
respecting the case OF William 8. Albers
and brother. now confined In Jail at place
called Ocotal in the Province Of Segovia,
Nicaragua, awaiting trial. the State De-
partment has deemed 1t best to have the
minister go himself to Ocotal to look into
this case and supply the departemnt with
the information 1t desires. 1t has been I'M
possible SO far to secure anything more
than ex parte statements, and as the de-
partment Is desirous of being absolutely
sure Of its facts before approaching the
Nicaraguan government on the subject Mr..
Merry has been charged to collect this in
formation.
SO far as the department knows from
its own officials. at least the forms of law
have been observed In the arrest and prose-
cution of Albers. 80 there is no disposition
to interfere with the legal processes OF an
other country without severe provocation.
But other information has reached the de-
partment from Albers' friends to the effect
that the man has been very badly treated.
that the spirit of justice has been vio-
lated, anu that ne Is merely Inc Nictiih VI
an INSCRIPTIONS gang of corrupt Nicara-
guam officials. In view Of this conflict of
statements an official inquiry is deemed
necessary.
Mr.. Merry Is down IN Costa Rica, sew
eral hundred miles distant from the place
of Albers confinement, and as there Is lack
of regular communication on the west coast
1t will be necessary to send him there on a
warship. Probably the gunboat Princeton.
now at Panama, will be used for this pur-
pose, though the officials of the State and
Navy departments refuse to afford any in
formation as to this detail. If the gunboat
is used by Mr.. Merry the nearest point to
Ocotal he could reach by 1t would be Am
apala on the Gulf OF Fonseca, just on the
border between Honduras and Nicaragua,
and from that place he would have to mako
his way on muleback over the mountains
q distance of seventy miles.