The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-06-07

tenn OF evidence that might defeat the ends OF justice
could be c0ncocted by the defence. Here. the law
supposes that prisoner. his counsel and friends
are all perjurers; and while charging HIM with the
commission OF crime, requires him to prove his
innocence by
DEPRIvNG HIM OF ALL POWER AND FACILITIES
FOR DEFENCE.
True, after the accused has given his deposition
he is then allowed free communication, but the
State has taken an unfair start and is long way
ahead of him in the proceedings, where at every
turn, he is completely at the mercy OF the prose-
cutor.
When the boy from the tavern came with my
meals he was allowed to walk into the cell, accom-
panied by the sergeant OF the guard, leave the
meals, walk out again and wait outside until he
could remove the dishes and return home. A strict
watch was kept during his stay to prevent the
boy from communicating with me. l earnestly
begged Of the Commandant to
LET NE HAVE A BOOK TO READ
any kind, even the Bible but, Notwithstanding his
protests OF service, under or another pretext,
the coveted means OF passing away the time was
withheld until the afternoon OF the second day Of
my incarceration, when the military at
torney detailed to try me, as great
favor allowed me to have an odd
volume OF trashy Spanish novel, AS l did not
first and part OF the second days imprisonment
time hung heavy on my hands. The hours were
passed in mentally debating my chances Of life or
death by sentence of court martial; whether the
American government would afford me any pr0tec.
ton, and how long, under any circumstances l
would have to remain in prison. Buried in such
like cogitati0ns IwOuld in the evening, mount the
window SILL and pressing my face agsinst its cold
bars watch, with unwearying eye, the calm, gori-
GUS descent OF the setting sun, surrounded by the
refulgent rays OF his thousand glories, until, de-
scending with him, they were sin the deep bosom
OF the ocean buried.r
CARLIsT PRISON Frs ON GUARD.
The troops who mounted guard in the fortress
had but arrived from Spain, via Havana. the day
before my arrest. They were Carlist prisoners,
who having suffered longer or shorter terms Of
confinement, had consented to volunteer for active
service in Cuba rather than remain indefinitely in
Jail or be sent to Fernando Po I made friends
with nearly every sentinel placed at my door.
They were
NEARLY ALL MERE BOYS,
some OF them not exceeding fourteen years old.
and none over nineteen or twenty. One or them
repeatedly offered to convey outside any secret
message to my friends. There was nothing very
urgent, indeed, to employ the lads service, but
Several Of them told me conndentially that they
out in Cuba against their will. and that upon
the first opportunity they would .go." They did
not say where, but significant wag of the head
and shrug OF the shoulders told me it would be
anywhere but to the front. They would desert, in
fact,
THE DISPOSITIONS.
On the second morning of my confinement, May
16, Major Carrean, the military prosecutor APP
pointed to try my case, accompanied by sub0rdi-
nate officer as clerk and the man Caceres, Alcalde
of the town, entered my CELL The short courteses
exchanged were ceremonous and cold The Major
read his authority to proceed against me on
CHARGE OF "INFIDENCIA'
(unfhithfuness, q crime equivalent to treason)
against the Spanish government. 1 expressed my
self ready to give my declaration, provided the
United States Consular Agent were present.
Caceres wanted to know II were native born or
This question he asked several times,
and each time he received the answer,
~ AM AN AMERICAN CITIZEN"
Major Carrean said that my demand for the
presence of the Consul was right and that he
would have LautOn cited for the next morning, at
seven O'Clock, and In the meantime adjourn all
until that hour. Caceres sneaked out
in discounted manner and have not seen him
since. The Major and his clerk took q friendly
leave till the next morning.
THE TELEGRAPH GAGGED.
Fearing that some accident might have happened
to prevent my first kilograms from reaching their
requested the Commandment to ask
the Governor for leave to send the HERALD the tel
gram of which the following is translatlsn:-
81 am prisoner In Spanish fortress for having
visited the camp of Cespcdes."
The Governor replied that there was no use dis
to the rebel camp without authority, and that my
telegram, to be allowed to go on, must bear that
on It's face I had no hesitation
in adding the words "without authorization" to
the telegram, and returned it, trusting the message
would be sent of. In short time the Comman-
dant returned, telling me that the Governor was
NOT SATISFIED WITH THE PHRAsEoLOGY
OF the telegram, and would retain it until one to
his liking should be made ont. This was 'provok-
ing but, determining to take things coOlly, de-
sired the Commandment to write out message in
such words as he chose, and, provided 1t contained
the sense OF what 1 wanted to convey, in words
pleasing to the Governor, would signit. Between
us we made out telegram that we both agreed
ought to do and he carried it OIL to the Governor.
In an hour or so the Commandant returned the
third time, having in his hand q note from the
which he showed me. The letter, d.
vested of verbiage, clrcumlocution and Spanish
compliments meant to say that the form Of my
not yet satisfying him, 1t
WOULD NOT BE PERMITTED TO GO OVER THE WIRES,
with thousand regrets, assurances, apprecia-
tions, &c. My heart sunk within me at this news.
Was to be arbitrarily cut Off from communication
with my friends and remain here at the mercy OF
remorseless military despotismS l contented
myself with the resolution of appealing next day
to the Consul.
On the morning Of May Is, at seven O'Clock, my
cell door was opened, and Major Carrean, Consul
Lauton, the Count OF San Luis, ade-de-camp to
General Menduina, and Carreons clerk entered
Everything was now ready for the taking OF my
deposition. The man Caceres wisely did not put In
an appearance.
PROTESTS IN POINT.
Before replying to any questions | asked the
privilege to say that, while willing not to place
any obstacles in the way of the proceedings, it be-
came my duty to enter couple Of protests which