The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-14
OPINIONS OF THE PRESS.
Can O'KeHy BE Held as . spy
From the Washington Star, April 12.I

Can O'KeHy BE Held as Spy.
From the Washington Star, April lal
The arrest and threatened trial by court martial
as a spy OF the velturesome Celtic-American cor
respondent o'Kell,, in Cuba, raised the question
as to whether O'K.lly is really amenabie to the
laws as an emissary Of the Cuban patriots. Web
ster defines the word 'spy' as
A person sent Into an enemy's camp to inspect
their works, ascertain their strength and their IN
communicate intelligence to the proper Oncer.
BY the laws Of war among all civilized nations q
spy Is subjected to capital punishment.
Had there been added to this definition the state
ment that spy invariably conceals his true char
acter under disguise OF some kind, 1t would we
think be more complete. During the late war
number OF spies were executed on both sides, and
In all cases they were in disguise. The case OF
Richard sOn. who was hung at Frederick, Nd, on
the return OF the Army of the Potomac from Get
tysburg, Is In point. Richardson had followed the
army from the time 1t was first encamped in Viz
ginia, In the capacity OF a book and trinket ped
Ter. He would occasionally disappear for weeks
at time, until finally attention was drawn to his
suspicious movements and he was closely
watched. 1t was finally ascertained that he
was within our lines spy, and that when he
disappeared he went into the camp OF the en-
envy with valuable information in reference to the
strength Of the Union army, its movements, &C.
He was captured near Frederick In the act of es
Gaping into the Confederate lines, tried by drum
mead cOurt-martlal and hung-all within two
hours after his arrest. In fact, spy would dare
to follow his dangerous calling for moment with
out disguise. 1t may be SAID that Major Andre
was hung as spy, and that when captured he
was attred in British uniform, covered by large
cloak which he had been prevailed upon to wear
The business OF Andres sentence has never been
obi litt tod Inv for
that he was not, when arrested, acting In the Ca
pacity OF spy; that he was not even disguised;
and that his presence within the federal lines was
the result of accident and not design
In the case OF O'Kelly it must be remembered
that he went 10 Cuba as an independent (natu-
raized) American citizen, and not a partisan;
and that he was never disguised or attempted to
disguise his true character. He requested permits
sion to go into the Cuban lines as a newspaper
correspondent, and the Spanish authorities gave
him leave to go, but also gave him the comforting
assurance that he would be shot II he returned
subsequently the Spanish general in whose juris-
diction O'Kelly was, modified his threat and said
he would Danish him If he returned. O'Kelly re.
turned, arrested, and orders gwen for his
trial as spy by court martial. A late despatch
says that two letters from President Ces-
pedes were found on his person, and if
this 1s true his case Is made considerably
worse. There is no Disgusting the fact
that OKely has been guilty OF serious
offence. and that the Spanish authorities would
he justified in sending him out or the country; but
they are not warranted by the facts in treating
him as spy, for the reason that he lacks the dis
tnctive feature OF spy, viz, disguise. We tiust
that General Torbert, the American Consul General
at Havana has taken firm stand in the matter,
and has placed O'Kely's case in such light to the
Spanish authorities that they will content them
selves with sending him out OF the country. AS a
matter OF policy they would find it a great blunder
to execute him.
Monstrously Ridiculous Outrage.
From the Meriden Comm Republican, April 1o.l
NEW YORK HERALD correspondent who has
been travelling among the insurgents in Cuba has
been arrested by the Spaniards and is threatened
with death as spy the only pretext for which, as
we can see, is that he entered the rebel lines and
returned through the Spanish camp on his
homeWard journey To treat a newspaper
correspondent in such an outrageous manner
Is monstrously ridiculous, and should invite the
prompt interference OF the American government
for his protection. II man left the enemy's lines
and entered the contendng partys with the object
OF obtaining Information to be used In advancing
the cause OF one OF the parties, then there would
be some Justification Tor his punishment. But in
the case OF the NEW YORK HERALD correspondent
1t is quite different. He was and is the representa-
tive OF leading daily newspaper, which has
earned fame by penetrating every section OF the
earth iu search OF news. To learn the exact state
OF anairs In cuba and present 1t without bias to
the world was his errand to that island, and the
Captain General was notified OF such intention.
Now, II the Spaniards are afraid to have
the correspondent ''unfold his unvarnished
tale" 1t will be suspected that there are
more atrocities perpetrated than the world
hears Of If they have evidence to prove him
rebel emissary, IL should be presented. To de-
prive an American newspaper representative of
his liberty, without any pretext OF law Is rather
dangerous proceeding for any government to un-
dertake. Here we are accustomed to the fullest
liberty Of the press and the Spanards viii not aid
their cause much by drawing on their heads the
ill-will OF power greater than the government
the American press.
The Captain Generals Broken Promise.
From the Hartford Post, April 12.l
1t appears that Mr. oKely, the HERALD CORE
spondcnt in Cuba, Is in extreme danger He was
sent down there commissioner to investigate
the condition OF affairs as they actually exist and
make a ull and accurate report, in order that the
vexed question may be determined whether there
is war in Cuba mere depredations by rowing
bands OF insurgents without organized strength
and mn .1aon ffftrc " nr a