The New York herald., 1874-07-19

Anything more
DOCKRAY turning to the interpreter)-I am not
aware that have said anything yet.
The COLONEL PREsIDENT-Have you anything to
add to your defencep
DOCKRAyI do not recognize the fact that any
defence has been made. The officer whom you ap-
pointed to defend me has never consulted me in
regard to my defence. have written out my own
defence, and he has refused 10 accept IL. l am
accused. ask to defend myself, the right which
the savages would cOncede to brute. / am
refused. You cay IN effect my defence must be
such you choose to dictate. deny the jurisdic-
tion OF this Court over me an American citizen,
under the treaty between Spain and the United
States. l submit my own defence rs have writ
ten 1t. II 1t is not made part OF the record OF
this Court it will appear on the record Of higher
triounal--the opinion Of mankind. have nothing
further to say.
The following ls Dockray's defence, which was
translated into Spanish by the Consular Secretary
and refused by his own defender and by the Council
OF War;
DooKRAYs DEFENCE
The accused is an American CITIZEN ignorant OF
the language, laws, habits and customs OF this
country, an entire stranger In all respects to the
government and people OF this island. The case is
one OF extreme decacy and involves serious gues-
tiOnS OF International relations. There is no exact
precedent and so much the more reason why the
charges should not be hastily considered and
The cases of O'Kelly and Mnlen are nearly simi-
lar. The first was released after three months
confinement, the latter arrested aud released at
once. deny the jurisdiction OF this tribunal or Of
any council OF war to adjudge this case As citi-
zen OF The United States claim the protection of
treaty obligations, and under the treaty between
Spain and my own country deny the authority OF
this mode OF Judging of my alleged offences against
the laws and dignity OF Spain. | declare, and am
ready, when you give me the opportunity, to show
that this Court Is acting IN direct violation OF the
have nothing to add or to take away from my
declarations. have given you a PLAIN, SIMPLE,
me OF tnJadencta. wnyg Because unlawluiy COM
muu,cated with the insurgents az ManzanillO-
Marauis % OF Santa Lucia, Cisneros, President Of the
Cuban Republic, wrote an account OF the battle OF
Naranjo, brought out some letters from the insur-
sought sought to s' deny i them My defence els is
nay motives motives, ana ana intention IaIIa ;, % S,a what ,,
circumstances. Murder itself may be committed
in the broad daylight but when it is shown thaS
another he is justiiaoly acquitted by both human
and divine laws In all civilized countries 1t Ia
the motive which Is the body OF the crime. have
told you what those motives were. IT was self
deience-the law of necessity-always impenous,
extreme and exacting in its demands. l comDro.
missed myself to save myself Through weeks OF
exposure, OF danger and half starvation was held
against my own Will within the lnsurgent lines.
Would you not have adopted IKE course!
Have you disprOved my motives and design
Has the Fiscal procured a particle OF evidence TO
weaken or relate my declaration in this respect
the circumstances which in such u pecniiar case
"a this go to explain my motives and purposes.
are there any circumstances which IN the least
controvert my motives as stated? Not any. You
do not allege any. The civilized world holds you
to decent respect ior Its opinions, and IN all civ
lliZed nations 1t Is the motive which makes the
crime itself.
presented myself in Nuevitas in good faith. I
gave you all my papers ior your inspection. You
look the benefit OF them l was your spy, to
speak, in the insurrect0n. Now you wish TO exc.
cute me for anordlng you so much valuable inlor-
|
the sure process OF my own conviction, would
have voluntarily presented 1t TO the Governor OF
NuevtasS Why did not conceal or destroy all
these papers before l presented myseli on the
Sd Aprllf had plenty OF opportunity. Be-
motive or intention in respect TO them. This very
tact IS testimony OF the rectitude-the good iaith
of my intentions: We're J an active insnrgens
against your authority and laws, would have
come to you and said, Here are papers which VIII
convict me OF i'ttdeactd. Take them, make up
your case, and shoot me?" Is that reasonable =
Would any man, except he be crazy an idiot. do
such thingf Ii am crazy or idl0ilc JheN am
not a responsible person and not to be judged as
such.
l ask for no favors; beg no concessions beyO
what simple justice demands. ] believe that .
lofty sentiment OF honor lives the breasts of all
men OF one civilized human family. | ask you to
do as you would be done by, and nothing more.
Accustomed to liberty, to iree institutions and to
Just government may have been guilty of gross
errors and even violations oi the laws o friendly
auS anty ous no NV ~ motives nave been rirt and in
stating them TO you as the foundation OF my de-
fence have obeyed and snail always try TO abide
by the highest OF all attributes of manhood ia any
country, which Is the truth.
THE VERDICT DEATH.
The Fiscal asked the Council to find sentence
OF death against DOckray for having unlawfuliy
communicated with the insurgents. having ad-
vised Maxine Gomez about plans Of battle, having
identified himself with the insurrecion by his let
ter to Clsndros and having brought ont corre-
spondence between the insurgents, The Council
ordered everybody out OF the room except the
Fiscal ana Auditor and themselves. They found
the death penalty, took some more gin, and the
council was over. The red, blue and gold. yellow
and silver uniforms vanished; the guards again
presented arms. The papers were ordered 10 Ha-
vana Tor review by the Captain General.
"Inasmuch," said the FISCAL ''that we have no
garrote in this department., I ask that the sen.
tence OF death be executed by cudtrO tir0s'' Ionr
shots through the body.
For six weeks the Secretary Of the United States
Consulate in Havana has been In Puerto Principe
as interpreter for Mr.. DocEray also to report on
his situation and the proceedings OF the authori-
ties in his case. The day before the council ol war
he was informed that the accused would have
twenty-four hours to prepare defence. The Sec.
retary informed the Fiscal that Mr.. Dockray was
as yet ignorant Of what he was accused. He had
never been informed, and how could he defend
himself from charges or which ne was ignorant
The Secretary asked permission to see the papers
and the accusation, which was refused him.
"AN AGENT OF THE AMERICAN GovERNMESr."
The Fiscal has declared that he has evidence
to show that Mr.. Dockray was sent to Cuba by the
American government In the interest of the recog-
milton Of the bcligorent rights of the insurgents
and that declaration has been made by one
Verona, ut Manzanillo, that on being Intercepted
IN what way the correspondence OF the insurgents
was carried on said 1t was through the Consulate
General OF the United States at Havana. varona
further declares, says the Fiscal that he learned at
the American ConsuI's house in Manzanillo that
Dockray was ordered here by the government ol
the United States. This declaration was made
known 80 Dockray In Puerto Principe, who
expressly denied the fact and said he knew
nothing OF varona; that Varona very much
mistaken II he really made any such statements.
But Dockrsy says ne don't believe any such de-