The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-11-22
jail, where, after the usual farmalities, he
was admitted to see Captain Fry, who In.
formed him that he had been asking fof that

jail, where, after the usual fcrmalities. he
was admitted to see Captain Fry, who In. I,
| formed him that he had been asking fof that
privilege, or that right rather, ever since hs
| had been first brought to the port, but with
out avail, and he had only been granted this
boon now within a few hours of bis death.
as he was to be shot at O'Clock, and desired
to make his declaration and protest, having
been captured, with his steamer. upon the
high se,s, and therefore protested against all
and every part Of the proceedings. This pro-
test was concluded at about z. ~, and the
Consul Immediately transmitted copy to
General Burriel.
The declaration and
PROTEST
Of Captain Joseph Fry, before the United
States Vice Consul, after being sentenced 10
death, was in substance rs follows:
That he was the master of the American
steamer FirginitIs, which had all her papers
in complete order, especially the register Of
the steamer, crew list, and articles, passenger
| list, clearance from Kingston, as also dispatch
from the custom-house, &c. Sailed on the
23d of October, 1879, with all his crew and
about one hundred and eight passengers;
after few hours at sea sprung leak and
put into port Hayten for repairs; sailed
from the port of Cuimit, OF that island, on
| the 30th day Of October, and, while between
| the islands Of Cuba and Jamaica, about
twenty miles or more from Cuba, was chased
bv steamer, and overtaken and captured
about eighteen miles north OF Morrsnt
Point, east end of the island Of Jamaica,
about 10 o'clock at night, the Spanish vessel
previously firing several shots over the Vir-
ginils aud compelling them to surrender.
The steamer was thcn taken charge Of by
boarding officer. who stated that he did so on
his own responsibility, knowing her to beam
American vessel and under the protection Of
the flag of the United States Of America.
The master, Joseph Fry, witn the crew and
passengers, were placed under guard, aud
all brought into the port Of Santiago dc Gu.
> ba on the 1st day OF November.
On the evening of the same day, after
having delivered over all the papers belong
ing TO the Virginius. he was refused permis-
sion to apply to his Consul for aid and pro.
, lection, and this was only granted him after
| being condemned to death, with the iOr
i. part Of his crew, under no known public
law or preteyt; and, as Captain Fry was
hurried to make his preparations for death,
he could make no further statement, but de-
, clares that the foregoing Is his. " true decla-
ration" which he signed in Jail at O'Clock
on the 7th Of November, lSI3-two hours
previous to his execution.
This protest was approved by several Of
the foreign consuls, with whom Mr.. Schmitt
advised. But bis EXcellency Governor Bur-
riel was highly incensed at the Consul:s
action, and informed him he had demanded
, the revocation OF bis excquatur.
i Another Insult was put upon the Consul,
for just previous 10 the moment on which
!, the prisoners left the Jail, three soldiers, az
!. guards, were stationed at the C0nsul'S resi-.
dence-oDe at each corner and one in front
of his door. 1t happened that the French
!, Consul, his chancellor, and several other
persons were at the tine with Mr. Schmitt,
and as the time was too short to demand Ill
: explanation and have the soldiers removed
Is every one stopped to inquire if the United
States Consul was under guard-.joinGd in
making 4 process rcI'Jal Of the circumstance.
II TO TIE PLACE OF DEATH.
. At 4 O'Clock I. NJ. precisely the con-
dcmncd were marched out Of the jail, which
| is not far from the C0n>u's office, and filed
past four BY four. Most ofthcm in passing
>aluted the bare flagstaff of the cons ulate by
incIinng their heads. The last to go by
were Captain Fry, Mr. Harris, and Mr.. Al
faro, who, besides eautiug, waved Il mourn
| tu goodbye to the Consul and groups Of
!; gentlemen Standing on the piazza Of the
r Consul's residence. All the unfortunatcs
q marched unwayeringly to the fatal spot, and
) the manner in which they met their death
D is already related.
r Previous to all this as was known, our
: Consul (E. &. Schmidt had promptly plo-
: tested formally against the action OF the
= Governor and alt concerned, and also filed
: his protest before the Marine Court, which
L IL, al lDct IL,
. as he got the information from the Consul at
+ Kingston of the fact of the Firgiuius beiug
! an American vessel.
CITIZEN CONSERVATION.
These occurrences have cast heavy pail
= Of gloom over the native and foreign popu-
> Iation of the island, and have filled all their
. heads with CONSERVATION. The Snnlards
are content with tho result Of the affair, and
have satisfied their desire for vengeance.
= The liberal press OF Havana scarcely dares
b to treat the subject, and the journal that has
Y attempted to co so has only spoken in muf-
y fed phrases. s.-.-Harana letter.
81 SPASIsH DEFIANCE.
The conservative press-the Diario I'0,
de Cuba. and Constancia-all approve OF the
=, action of the Government, and defy all ma
!, tions.-Haraad letter.
o ATTEMPTS AT JUSTIFICATION.
!. La Constdncid, one Of the leading journals
: of Havana, in its efforts to justify the brutal
S murders at Santiago, says:
a "When the news Of the capture Of the fir.
e ginius was received in IIayan we said then
i that some plot or other would be hatched to
= prevent the pirates from receiving their me-
s rted punishment. For This reason we felt
G obliged to remind the Democratic philan.
: thropists, both foreign aud national, how the
: Federal Democrats OF the United States had
e proceeded In many cases. We remember
e that OF the unfortunate Mrs. Surratt, re-
spectacle woman, hanged some eight years
!. ago for completely, more or less proved. In
$ the political crime which cost the President
OF the Republic his life. Latterly, France
I bus acted towards the Communists In tile
: same manner. All have been subjected to
courts-martal, and punished as robbers, In.
: ceudiaries, and assassins. How, then, are
the eypedtionists Of the Firgtnius less
/ criminal than the accomplces OF Booth,
hung in the United States, and the French
J Communist"
ALLEGED CONFESSION OF the VICTIMS.
In reference to the execution of the Cuban
chiefs captured on board OF the Virginius
the Diario OF the 18th says:
"Neither the captain, the crew, nor the
eXpeditionists have attempted 10 conceal
their crime, but, on the contrary, have con-
: frsSed that they brought n cargo OF arms