VIOSCA, Consul to John Davis, December 19, 1883

Mr. Viosca to Mr. Davis.

Sir: In acknowledging the receipt of dispatch No. 34, dated November 27 of this year, wherein I am directed that the Department of State desires a report of the present condition of the case of Captain Caleb, late master of American schooner Adriana, arrested and tried for smuggling, and of any further proceedings therein held since Mr. Beach’s investigation of the affair, I have the honor to inform the Department that nothing of consequence has transpired in the referred matter from the time of Mr. Beach leaving this place, except what already has been reported in my dispatch No. 44 of August 16 last, relative to the Mexican circuit court at Culiacan, Sinaloa, having confirmed the sentence of the district court of this city; therefore Captain Caleb is now confined to suffer the penalty of five years’ imprisonment, commencing from the first day of his arrest.

The schooner Adriana was sold at public auction on the 23d and 26th of October, 1883, as per accompanying notice, published in the Weekly Voz de California of the 17th, also of its corresponding translation.

On the 21st of the above said month Captain Caleb, convicted, was officially transferred from the jurisdiction of the federal court to that of the governor, who is to put in execution the penalty decreed of five years’ imprisonment; consequently, the governor issued orders at once for the removal of Captain Caleb from his private residence into the public jail, where he remained until the 30th of said October, when, at my instance, the governor released him under parole of his keeping within the boundary of the private residence he now occupies. I have also been informed that subsequently, and through his attorney, Captain Caleb has petitioned to the President of the Republic of Mexico requesting pardon.

I am, &c.,