The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-05-18


MADRID, March 3d. 1852
To HIS ExcELLENCY DoN JOSE DE LA CoNcHA,
CAPTAIN GENERAL, &c, &C., &c, OF CUBA:
sR-The circumstance of your Excellency hay
ing presented, in communication to Don A. Cal
deron de la Barca, Spanish Minister at Washington,
under date of the 2Sth of November last, an appa-
rent refutation to the argument contained in my
appeal from the dungeons of the Punta to the 60
yernment of the United States, and to my fellow
sountrymen, places me under the necessity Of re-
plying to your Excelency, not only for the purpose
Of sustaining the truth Of my propositions, but also
that may contribute my humble, but most earnest,
efforts to the protection Of those Of my countrymen
resident in Cuba, from the indignities and ruin so
ruthessly heaped upon me-
AS usual, with the advocates of weak cause,
your Excellency very judiciously avoids the chief
uont at ISSUE and dexterously proceeds to envelope
the argument in a mass Of extraneous matter, and
involve, in the presumptve guilt OF an individual,
an insidious attack upon great principle Before
proceeding to mature consideration OF the true
question, your Exeellency will allow me to make
few preliminary observations upon your commune
cation
For your very candid Acknowledgement that the in
habitants of Cuba are treated with precisely the
same kind and quality of justice that was so liber
ally meted out to me, Cuba not |, owes you many
thanks. 1t only needed the written confession of
the first authority of the Island to demonstrate con-
slusively to the world the true character Of the
EXcellency has generously accorded. To the sons
of Cuba leave the task Of adequately thanking
your Excellency.
There are several statements in your Excellency's
communication which believe are erroneous.
Your Excellency states-"He (Mr. Thrasher) Sc
lected of his own free WILL whichever officer of the
army he preferred to conduct his Defence"
A more correct statement of this point is rs fol-
lows While was still in solitary confinement,
and denied all communication with my friends, the
fiscal prosecuting attorney presented me list OF
some forty or fifty names, telling me they were those
Of the officers of the army who would be allowed to
appear in my defence knew no one of them, and
have since learned they all subordinate officers,
q think second leutenants,) and being denied ac-
cess to legal counsel, l. through ignorance selected
the first upon which my eye rested. subsequently
learned should have declined to select
Your Excellency states-''The latter (my defender)
had access to the proceedings whenever he deemed
il Unnecessary"
During the very short interview with which this
gentleman favored the morning | was
brought into court, understood him to say that he
had received the process the day previous. and was
psremptorily ordered to return the same within
twenty-four hours that he had been occupied even
during the whole night reading it.
Your Excellency states-"He (my defender) con-
ferred with his client "
The only conference ever had with the gentle
man was about eight o'clock on the morning Of the
day was brought up for sentence, and which lasted
not more than ten minutes During the interview
he informed he had only received the process the
day previous that he had been occupied ever since,
even during the whole night reading it, in order to
gain some idea Of the case; that he had to return it
within an hour; and that at ten o'clock to be
brought up for sentence The only other occasion
on which saw the gentleman was in court, where,
when asserted had been in way consulted in
regard to my defence, upon inquiry by the court, he
hesitated stammered, and finally acknowledged the
truth of my assertion. have been told the Presi-
dent of the tribunal subsequently assured him he
had pursued a perfectly proper course in the mat
ter.
Your Exccllency states" He (my defender)
read large manuscript of defence"
] was not present in court when the defence was
read, as ! should have been during the reading of
both the process and the Defence in strict accord
ance with the rules of the Court; but my friends
afterwards told me that it was very short, and
amounted merely to, " that he could find in the pro-
cess no proofs against me- and that he thought that
| should only be sent out of the country"
Your Excellency states" The trial of Mr..
Thrashers witnessed by himself, by the
Consul Of the United States, and by an immense
soursc people, who bear unanimous witness to the
scrupulous eXactncss with which all the forms were
observed as well as to the freedom and amplitude of
defence granted to the accused and to the mildncss
Of the punishment imposed, considering the nature
of his crime.
Our first difference in this series of statements,
which cannot well separate, may consist in the de-