The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-11-26

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stock 27.02O.
DETAILS OF THE SANTIAGO TRAGEDY
PROTEST OF CAPTAIN Fry. CORES
| pondenCe from Havana of November Is
gives the following details in reference
to the atrocious murder. ut Santiago, of
citizens of the United States and others
from on board the American steamer
Firginius, captured upon the high seas
by Spanish man-of-war:
The court trying the crew sat all night
from the 9Th to the 7th. upon the Go
vernon OF Santiago de Cuba receiving
despatch late on the 9Th from the British
com mander at Jamaica that he expected
no execution would take place, and her
Ma]esty's subjects, sixteen of whom
were among the crew, wou q have fair
trial, and Tor this purpose the corvette
Nlobe had left for Santiago de Cuba.
Ihe crew was executed on the 7th; the
Niobe arrived on the Sth
Regarding the manner in which Cap
tain Fry and his companions marched
to their fate. these udvices show that
they were landed on tho 9th, ut about 9
o'clock III the morning. from the steam.
er in which they bad been confined,
tried and condemned to death, and
taken first to the captain of the port und
then to the jnil.
About mid day of the 9TH instant, the
HScN. or prosecutor i'll the case, Captain
). nj. AutraD. Of ,he gun-boat Cuba
Eipnnola. handed to the Vice Consul,
AIr. Schmltt, permission from the
Captain of the Port aud Commandant of
Marine, Don Ramon Brandaris, to call
aud sec Captain Fry ut the Jail, who de-
sired 10 see the Consul.
The latter Immediately proceeded to
the Jail. After the usual formulities, Ii Q
was admitted to see Captain Fry, VIII o
Informed him that he had been asking
for that privilege. or that right rather,
ever since he had been first brought to
the port, but without avail, and he had
only been granted this boon now within
Il few hours Of his death, Us he was 10 be
shot at o'clock, and desired to make
his declaration and protest. having
been captured. with his steamer, upon
the high seas, and therefore protested
against nll and every part OF the pro-
ceedings. Fhis protest was concluded
at about = L. NJ aud the Consul imme-
dlately transmitted Il copy to General
Burriel
Ihe declaration ana protest of Capt
Joseph Fry. before the United States
NIce-Consul, after being sentenced to
death. was III substance rs follows:
That lie was the master of tue Ameri-
can steamer Nlrginins, which had uil her
papers III complete order, especially tie
register OF the steamer, crew list and
articles passenger list, clearance from
kingston, as also despatch from the
custom house. &c Sailed on the 23l of
; October. 1878, with nll his crew and
: about lOS passengers; after few hours
ut sen sprung u leak and put into port
Hayticn for repairs; sailed from the
port Of Cuimit. OF that island, on the
3Oth day of October, and, while be-
tween the islands of Cuba aud Jamaica,
! about twenty miles or more from Cuba,
, was chased by steamer, and overtaken
and captured about eighteen miles
North of Morrant Point, East end OF
the island of jamaica, about 10 o'clock
at night, the Spanish vessel previously
firing several shots over the Virginius
and compelling them to surrender. The
steamer was then taken charge of by q
I; boarding officer, who stated that he did
r so cn his own responsibility, knowing
her to be an American vessel and under
, the protection Of the flag of the United
! States of America. The master, Joseph
Fry, with the crew aud passengers. ere
placed under guard and all brought into
the port of Santiago do Cuba on the Is,
day Of November.
On tho evening Of the same day, after
, having delivered over all the papers be.
longing to the Nirginius, he was refused
permission to apply to his Consul for
, aid and protection, aud this was only
granted him after being condemned to
death with the major part Of his crew,
! under no known public law or pretext
: and, ns Capt. Fry was hurried to make
his preparations for death, he could
make no further statement, bnt declares
5 that the foregoing is his true dcclarn
( ton, which he signed in Jail, Mt :
O'Clock, on the 1th OF November, 1873
! two hours previous to his execution.
This protest was approved by several
! OF the foreign consuls. with whom Mr.
Schmitt advised. but his ExceIency
] Gov. Burriel was highly incensed ut the
, ConsuI's action, and Informed him he
; had demanded the revocation of hi.
: exeGuutur.
4 -.