Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-11-24
NOT A COURT-MARTIAL.
Merely II Preliminary Examination of
the Competitor Prisoners.

the Competitor Prisoners.
The State Department has received abso-
lutely no information of any kind from
Havana or elsewhere concerning the New
York Worlds report that the Competitor
prisoners have been tried in Mora Castle
by secret ard summary court-martial.
Under these circumstances no statement
will be made at the department concerning
the report. but in view of the plain pro-
visions of our treaty and also Of the clear
requirements of the domestic laws of Spain
the officials loath to believe that the
report is correct. 1t is pointed out that
under the law for public order promulgated
in Havana some months ago it is absolute
ly essential that counsel shall be allowed
prisoners or trial and that there shall be
no secrecy in proceedings. Under the pro-
tocol of CUR treaty with Spain there like
wise Is a provision for publicity in trials
and for full representation of accused by
counsel. 1t Is believed, in view of these
provisions of law, that the authorities at
Havana would not make such a fragrant
breach of law rs the report alleges.
From further inquiries 1t is apparent that
the reports concerning the Competitor
prisoners are at least based on a miscon-
ception OF the nature Of the present pro-
ceedingS. They have not yet been placed
on trial in the general sense of the word.
the facts being that the Spanish authorl-
ties are making an investigation of the
competitor cases similar 10 tnat provided
for under our grand jury SyStem-that is. q
SORT of preliminary examination. The con-
suls and vice colsuls Of Spain in this coun-
try are investigating the claims of the per-
&c ms arrested to American citizenship. For
instance one of the men claims to be a
resident of Kansas, and the consul for that
district is engaged In an inquiry as to his
citizenship, either by birth or naturaliza-
ton
From Spanish sources it is learned that
there is no intention of dealing with the
Competitor prisoners in a harsh Or unjust
manner.
The World Story.
A New York World special from Havana
says: The Competitor prisoners have been
tried by rourt-martial in the Fortress La
Cabana in spite Of Consul General Lees
official protest, filed just before he left
Havana.
The exceptions taken by the prisoners
were cverruled by the naval courts, Gen.
Lees note was pigeonholed. and in defiance
of Secretary Olney's intimation of disap-
prevail tie Competitors crew and Mr.. Mel
ten, the American new spaper correspon-
dent, have again been tried by a drum
head court, sitting within the walls of
Spanish fortress, where, according to Capt
Gen. Weyler's orders, no representative Of
the United States consulate may enter.
The prisoners were allowed neither in
terpreter nor counsel.
Those partly acquainted with Spanish
were compelled to interpret for the Others
So quietly was the affair conducted that
Acting Consul General Springer does not
yet know, understand, that the case was
virtually closed November II, On which day
Melton, Maza, DR.. Vedia and the witness
George Ferran,were forced by Naval Judge
Fern andez to sign statements admitting
their completely in the filibustering expedi-
tion which the Competitor is alleged to
have brought under Monzon and Laborde
to the Pinar del Rio coast. This written
evidence Is now under consideration by the
court.
Judge Saul told me today that decision
may be rendered at any moment.
1t Is expected that all the members of
the party whose American citizenship has
not been clearly shown will be shot The
boI fide Americans probably will be SEN
fenced to from three to ten years impris-
Cnme1t in some Spanish penal station of
the coast of Africa.
The prisoners are much disappointed at
the failure of the United States to obtain
for them a civil trial and the right to en-
ploy counsel. Spain, however, 1t seems, set
u the claim and insists still that these
privileges, conceded by treaty to Ameri-
cans residing in Cuba, can hardly be con-
strued IS applicable to citizens of the
United States not legally domicied here
nor visiting the island upon legitimate BUSH
ness with the tacit or expressed consent or
lioerse Of its lawful authorities.