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REPORT OF THE SPANISH NAVAL BOARD OF INQUIRY AS TO THE

CAUSE OF THE DESTRUCTION OF THE U. S. B. S. MAINE.

[Translation.] No. 33.]

LEGATION OF SPAIN IN WASHINGTON,

Washington, April 2, 1898. MR. SECRETARY: I have the honor, by order of my Government, to transmit to your excellency the full testimony in the inquiry instituted by the maritime authority of the Havana station by reason of the catastrophe which befell the United States ironclad Maine in that port in the night of the 15th of February last, which awful misfortune to the American people has been so deeply and sincerely lameuted by the Spanish Government and people.

I improve this opportunity, Mr. Secretary, to reiterate to your excellency the assurances of my highest consideration.

LOUIS POLO DE BERNABE. To the Hon. JOHN SHERMAN, Secretary of State of the United States of America, etc.

565

[Translation.]

STATION OF HAVANA, 1898.

COMPLETE EVIDENCE IN THE PRELIMINARY PROCEEDINGS IN. AUGURATED ON THE OCCASION OF THE CATASTROPHE WHICH BEFELL THE NORTH AMERICAN IRONCLAD MAINE, IN THE HARBOR OF HAVANA, ON THE NIGHT OF FEBRUARY 15, 1898.

Judge in charge of the preparation of the case: Captain Don Pedro del Peral y Caballero.

Secretary: Lieutenant Don Javier de Salas y Gonzalez.

I, Don Francisco Javier de Salas y Gonzalez, lieutenant of the first class, secretary of the preliminary proceedings instituted in consequence of the blowing up of the North American ironclad Maine, of which court Captain Don Pedro Peral y Caballero is the judge in charge, proceeded to take the whole evidence in the case, which I certify, and it is as follows:

STATION OF HAVANA, 1898.

PRELIMINARY PROCEEDINGS INSTITUTED IN CONSEQUENCE OF THE EXPLOSION WHICH TOOK PLACE OV THE NORTH AMERICAN IRONCLAD MAINE ON THE NIGHT OF FEBRUARY 15, 1898.

The proceedings began on the same date. The judge in charge, Cap. tain Don Pedro de Peral. Secretary, Lieutenant Don Javier de Salas. A seal with the words: “Office of the Naval Commandant-General of the Station of Havana. Department of Justice.”

An explosion, followed by the burning of the North American ironclad Maine, having occurred in this harbor at thirty-five minutes past nine o'clock to-night, and in view of the urgency of the case and the want of officers, aides of the naval commandant, at the present moment, your excellency will proceed, in the capacity of judge in charge, to institute the proper proceedings, in conformity with the provisions of the law of naval military procedure now in force; and you will designate an officer to act in the capacity of secretary of the proceedings. God preserve your excellency.

Havana, February 15, 1898. Captain Don Pedro del Peral y Caballero.

HAVANA, February 15, 1898. Let this be recorded as the beginning of these proceedings.

PEDRO DEL PERAL. (Rubricated.]

APPOINTMENT OF SECRETARY.

By virtue of the powers conferred upon me by the authority having jurisdiction in the case in appointing me judge in charge, I hereby appoint Lieutenant Don Francisco Javier de Salas, who possesses the necessary qualifications, secretary to act as such in this case.

Havana, February 15, 1898. PEDRO DEL PERAL. (Rubricated.]

SECRETARY'S OATH.

HAVANA, February 15, 1898. Lieutenant Don Francisco de Salas being present, I notified him of the appointment given him; and he, upon being informed of it, accepts it and swears to discharge its duties well and faithfully, and signs these presents in witness thereof,

PEDRO DEL PERAL. (Rubricated.]
JAVIER DE SALAS. (Rubricated.

DECREE.

HAVANA, February 15, 1898. The judge in charge ordered the letter of appointment of the judge in charge to be annexed to these proceedings, and directed that the eye-witnesses of the occurrence and those persons who, by reason of their duties, ought to be best informed as to the event, be summoned. His honor gave this order before me, the secretary, who certify it.

PEDRO DEL PERAL. (Rubricated.]
JAVIER DE SALAS. [Rubricated.]

RECORD.

HAVANA, February 15, 1898. A respectful letter was addressed to the authority having jurisdiction in the case, notifying him that Lieutenant Don Javier de Salas has been appointed secretary for these proceedings, and requesting his ap. proval. I certify it.

PERAL. (Rubricated.
JAVIER DE SALAS. (Rubricated.]

DECREE.

HAVANA, February 15, 1898. His honor ordered that his excellency, the governor-gene' al of the island, be requested to furnish an official interpreter that be may render assistance at the time of the depositions of the officers and sailors of the American man-of-war Maine, if he has one available. His bonor gave this order before me, the secretary, who certify it.

JAVIER DE SALAS. (Rubricated.]
PEDRO DEL PERAL. (Rubricated.]

PROCEEDINGS.

HAVANA, February 15, 1898. A respectful letter was addressed to the superior authority of the island in execution of the foregoing decree. I certify it.

JAVIER DE SALAS. (Rubricated.]
PERAL. (Rubricated.]

TESTIMONY OF ENSIGN DON MANUEL TAMAYO. At Havana, February 15, 1898, the officer mentioned in the margin appeared before the judge in the presence of the secretary. His honor admonished him of his duty, to be truthful, and reminded him of the penalties which he would incur for the crime of perjury; after which he took the proper oath, and being questioned in conformity with article 142 of the Law of Naval Military Procedure, said that his name is Don Manuel Tamayo y Orellano, unmarried, 26 years of age, a native of Cadiz, and that he has no interest in the case which is being tried.

Being asked to state all that he kuows with regard to the explosion [Translation.]

STATION OF HAVANA, 1898.

COMPLETE EVIDENCE IN THE PRELIMINARY PROCEEDINGS IN. AUGURATED ON THE OCCASION OF THE CATASTROPHE WHICH BEFELL THE NORTH AMERICAN IRONCLAD MAINE, IN THE HARBOR OF HAVANA, ON THE NIGHT OF FEBRUARY 15, 1898.

Judge in cbarge of the preparation of the case: Captain Don Pedro del Peral y Caballero. Secretary: Lieutenant Don Javier de Salas y Gonzalez.

I, Don Francisco Javier de Salas y Gonzalez, lieutenant of the first class, secretary of the preliminary proceedings instituted in consequence of the blowing up of the North American ironclad Maine, of which court Captain Don Pedro Peral y Caballero is the judge in charge, proceeded to take the wbole evidence in the case, which I certify, and it is as follows:

STATION OF HAVANA, 1898.

PRELIMINARY PROCEEDINGS INSTITUTED IN CONSEQUENCE OF THE EXPLOSION WHICH TOOK PLACE ON THE NORTH AMERICAN IRONCLAD MAINE ON THE NIGHT OF FEBRUARY 15, 1898.

The proceedings began on the same date. The judge in charge, Captain Don Pedro de Peral. Secretary, Lieutenant Don Javier de Salas. À seal with the words: “Office of the Naval Commandant-General of the Station of Havana. Department of Justice."

An explosion, followed by the burning of the North American ironclad Maine, having occurred in this harbor at thirty-five minutes past nine o'clock to-night, and in view of the urgency of the case and the want of officers, aides of the naval commandant, at the present moment, your excellency will proceed, in the capacity of judge in charge, to institute the proper proceedings, in conformity with the provisions of the law of naval military procedure now in force; and you will designate an officer to act in the capacity of secretary of the proceedings. God preserve your excellency.

Havana, February 15, 1898. Captain Don Pedro del Peral y Caballero.

HAVANA, February 15, 1898. Let this be recorded as the beginning of these proceedings.

PEDRO DEL PERAL. (Rubricated.

APPOINTMENT OF SECRETARY.

By virtue of the powers conferred upon me by the authority having jurisdiction in the case in appointing me judge in charge, I hereby appoint Lieutenant Don Francisco Javier de Salas, who possesses the necessary qualifications, secretary to act as such in this case.

Havana, February 15, 1898. PEDRO DEL PERAL. (Rubricated.

SECRETARY'S OATH.

HAVANA, February 15, 1898. Lieutenant Don Francisco de Salas being present, I notified him of the appointment given him; and he, upon being informed of it, accepts

it and swears to discharge its duties well and faithfully, and signs these presents in witness thereof.

PEDRO DEL PERAL. (Rubricated.]
JAVIER DE SALAS. (Rubricated.]

DECREE.

Havana, February 15, 1898. The judge in charge ordered the letter of appointment of the judge in charge to be annexed to these proceedings, and directed that the eye-witnesses of the occurrence and those persons who, by reason of their duties, ought to be best informed as to the event, be summoned. His honor gave this order before me, the secretary, who certify it.

PEDRO DEL PERAL. (Rubricated.
JAVIER DE SALAS. (Rubricated.

RECORD.

HAVANA, February 15, 1898. A respectful letter was addressed to the authority having jurisdiction in the case, notifying him that Lieutenant Don Javier de Salas has been appointed secretary for these proceedings, and requesting his ap. proval. I certify it.

PERAL. [Rubricated.
JAVIER DE SALAS. (Rubricated.]

DECREE.

Havana, February 15, 1898. His honor ordered that his excellency, the governor-gene al of the island, be requested to furnish an official interpreter that he may render assistance at the time of the depositions of the officers and sailors of the American man-of-war Maine, if lie has one available. His bonor gave this order before me, the secretary, who certify it.

JAVIER DE SALAS. (Rubricated.]
PEDRO DEL PERAL. (Rubricated.]

PROCEEDINGS.

HAVANA, February 15, 1898. A respectful letter was addressed to the superior authority of the island in execution of the foregoing decree. I certify it.

JAVIER DE SALAS. (Rubricated.]
PERAL. (Rubricated.]

TESTIMONY OF ENSIGN DON MANUEL TAMAYO.

At Havana, February 15, 1898, the officer mentioned in the margin appeared before the judge in the presence of the secretary. His honor admonished him of his duty, to be truthful, and reminded him of the penalties which he would incur for the crime of perjury; after which he took the proper oath, and being questioned in conformity with article 142 of the Law of Naval Military Procedure, said that his name is Don Manuel Tamayo v Orellano, unmarried, 26 years of age, a native of Cadiz, and that he has no interest in the case which is being tried

Being asked to state all that he kuows with regard to the explosion

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