The New York herald., 1872-07-31

before being again confronted with the authortiess
DoCToR-hlHht months, Notwithstanding the fact
tnat nr. motifs, the Consul, who was informed OF
my arrest the next dav, once telegraphed to Mr..
Btddle, the United States Consular Agent In Ha-
vanh, ana the latter lost not moment In waiting
upon Count yalmaseda and representing my case to
MN. Inc following written communication was
promised he would order the SIenueSos autS5rities %
10 nvestlgate my case forthwith, and to discharge
ACTION OF CONSUL BrDDLE.
CONSULATE GENERAL 9r THE UNITED srAIrsl
on Of Your Exceilcncy to the following extract IRON
s q S s Il By from
on the evening q the sp nss Juan E%o
% Hffs n y ia
Ysss ss'
Spanish
So Psss
Ron box. the name n the docI9r was engraved ed
rs,arssa here when sSs inssrresiios s broke Is
sSs
that Pr houard supplied medicines = The rebels That
wishes uray that his should e settled with ali
dsughsers who have now mother to take charge Of
AS Dr. Eouard Is citizen ofthe United States, and is
@ 4 for SS 70 nS
proceedings to be instituted that he may be released II
found innocent Of the charges as above WTsa hsye
His Excellency the Superior Political Governor.
HOW vALMAsEpA PUT OFF BIDDLE
jail. On the LIST Of April, 1871, Mr.. Bidde again
sought an interview with Count valmaseda and
ws Tns
Count replied that the crowded staGe OF the calen-
dar and the complications of the case'' had pre-.
vented attention. but 1t should at once be looked
into. Time passed; May, June and July came and
went, In August Dust eight months alter my ar.
rest was taken 10 another fiscal He informed
arrested denied them all categOrically and i'm
plored to be confronted with my accusers.
My business, IN the meantime had been ruined, as
you may imagine.
CONFRONTED WITH MY AccUsERs.
"a w
cusers In October 1871, they tor rather OF them
charges sra One La aass had sas haa oa
him had presented the box OF medicine to my
nephew, Cabada. La Barga, in my presence with
that the box in question had been sold by me in
1894 to senior Bouyon, four years before the break
,triae Of furniture in my possession which
hado had once eo belonged targ to my my nephew Ca.
horse had sold him for s2s This Te' proved by two
witnesses. was accused of having spent some
days away from my house and in rebel camp.
ONE CAPOTE HAD TESTIFIED
i had sent money, clothing and medicine to the
rebels. l denied 1t in toto and demanded to be
confronted with the said CapOte. He was not
present, neither was he sent for explained to
the fiscal that CapOte owed me money, and as he
was man OF no character he had doubtless
trumped up this charge against me with the view
OF getting me out OF the way as had threatened to
sue him. Two months afterwards this same Capote
took oath before notary public in New York that
TESTIMONY WAS ALL FALSE,
given by him under compulslon OF the Volunteers
and under fear Of his life at their hands. In fact,
forces named Jose CASANOVA very notorious in
Cienruegos ! have here copy Of his statement
CAPorE's AFFIDAVIT.
Manuel Capote Espinosa. do that the dcclara
eua The r ss
b me n to d ns % thu ean
as G5 wh a Ssse1s wns they be inspired me- sppSonS hat III
treated Volunteers q the therefore the
Ss the aa % hey s Mo go
and eonssqusnily atyariance with he facts that only
physician have no kncwIedse cot Of the % acts of
wSeR sm Yoas %as naafed s e accuse him MANUEL cAporr
ISL Scsy, G Sa,,% se on Sis this day
s % me sns tg9naa a
Ss dc naisdaa prspa,s and saSsclSsd ihs
sMean G s y duly
of his own knowledge:
ans eli my Official seal the day and year above writien-
Henry X. CoDDlscros, Notary Public, New York county
ANOTHER Assent WITNESS.
Another witness named Federico Carratala had
testified that j was disafected to the Spanish
This denied and asked TO have him brought face
to face with me, but he was not. do not even
know the man and am sure never had any conver-
satiOn with him.
MY PRINCIPAL AccUsER
before the fiscal appears to have been one jose
Joaquin Verdaguer, and he was commissioner of
embargoed property and consequently had direct
interest In the sequestration Of mine. He bore
very bad repute. He was an escribano, and some
time previously had upbraided me for not put
ting certain fees in his way connected with my
property and threatened me he would be revenged
October IN
my prison and there remained till one Saturday in
December, ls7l just twelvemonths after my arrest.
l was then taken to the Government House be-
tween file OF soldiers and told was to
BE TRIED BY COURT MARTIAL.
teer officers and six army officers. BY law in CUBA
prisoner has the right OF objecting to any Of the
was not permitted TO avail myself OF this right i
was not Afforded any 0ppo tunlty to challenge my
iadses J was kept in . private room all the time
they delibetated but at the close Of the proceedings
was called In and merely asked one question,
namely, "Was 1t my annual custom to take my
family out of Cienuegos to the country?' Ireplied
that il was. | was then taken back TO prison.
During the hasty glance could cast round the
court saw some on the tribunal whom should de-
cdedly have objected TO II had been permtted the
THE COMPOSITION OF THE COURT.
CORREsp0N DENr-Wbo We're these?
DocruR-One was Francisco Yrutagoyena, a cap
tain OF Volunteers, OF very boodthirsty disposition,
known to be rash and irrenective and vely much
tncensed against all supposed sympathizers with
the insurrcction. He had shot some prisoners.
The other was named Juan Garriga. He was once
my friend, but in 1869 we had falling out and
ceased to speak TO each other Naturally he was
not suitable person to try me for my liic nor was
Francisco Yrutagoyena. The other members OF the
court martial were strangers to me.
CoRREsPoNDESr-Do you know any thing OF
THE PROCEEDINGS OF THE COURT MARrfALS
DoCTOR--I had a very able defender named Vale,
who urged everything he could In proof Of my inno
cence, and with such force that understood the
tribunal we're at first OF opinion that there was
nothing In me to condemn. In fact some friends
came TO me in the prison and told me was honor,
ably acquitted Later In the evening was Informed
that, seeing the inclination OF his companions to |
acquit NE, the said Yrutagoyena said something |
to the effect that l. being an American would run
OH to the States If set at liberty aud put in claim
for damages. He wouldn't take the responsibility |
of that. Count Valmaseda might do it II |
he liked, but he Vrutagoyena), as a member OF |
the court martial, was Tor conviction. His re- |