Evening journal., 1896-05-16
Tho Government Protests.

Considerable excitement psevAlls In
both this country and England over the
condemnation by military court mar.
tlal In Havana of the men captured on
the Ame ricRn schooner Competitor The
crew consisted Ia part OF one English
subject and one American citizen. John
Melton, who Is a native OF Kansas. The
whole crew was sentsnced to death
which, 90 far as the American is concerned
has been objected to by our govern
ment. Secretary Olney has sent strong
protest against the court mArtiars pro
ceedlngs aud the carrying out Of this
sentence by the SpAuish military authorl
ties. aud IL is understood that he int
mated IN very forclble language that this
country would not submit to the sum
mary execution Of American citizens at
the order OF militia court. aud in tho
absence Of proper legal proceedings of a
civil nature
Secretary Oluey has also communicated
by cabesram With Consul General Will
liAms, At Havana requesting him to make
the strongest representations In the
behalf o; the United States Government
against the execution Of the sentences and
40 urge nPon Captain General Wsyler
that the prisoners were entitled under
treaty 10 a civil trial Ever since the
condemnation of these men there has
been q storm Of indignation ra Ring
throughout this country, and 1t has bsen
the most violent at the N National Capitol
II is believed that Secretary Olnsy = com
municatlons hAv Q, to q certain extent,
reflected the indignation Of his fellow
countrymen. and given Spain to under
stand that the demands of this country
must be met and that without delay or
war will be the result.
According to the Cushing treaty be
tween Spain and the Unlted States, il is
provided that mo citizen Of the United
States residing In Spain, her adjacent
islands or her ultramarine possessions,
charged with acts OF sedition, treason or
conspiracy against the institutions. the
public security, the integrity OF the ter
riiory or against the Supreme Govern
ment. or any other crime whatsoever.
shall be subject TO trial by any except
tlonsl tribunal but exclusively by the
ordinary jurisdiction, except in the case
of being captured with arms in hand. ."
When taken with arms In hand, American
citizens shall he tried by ordinary council
Of war, but, even IN this case, the accused
shall enjoy for their defence the
guarantees embodied in the treaty. In
consequence whereof the parties Re-
cused are allowed to name attorneys and
advocates who shall have access to them
at suitable times; they shall be furnished
In due season with copy Of the accusuA-
tion, and a list OF witnesses for proseca.
tlon, which later shall be examined
before them, aud they shall nave the
right 20 compel the wi tnesses, Of whom
they desire to avail them selves, to ap.
pear aud give testimony. They shall
also be permitted to be present and make
their defence in public trial orally or in
writing BY themselves or by means Of
their counsel.
In the military trial Of the Competitor
men none OF the safeguards alluded to
above and guaranteed by treaty with the
United States BY Spain was allowed the
prisoners. Similar treaty obligations
exist between Spain and England and the
English government has also protested
on account OF the British subject, who
WAS condemned It is said that the
protest Of the British consul was much
more temperate than that presented by
this country. The fact is. our people
and our government as we'll. are acting
thoroughly disgusted with Spanish rale
In Cuba. General Weyler's butcheries
are quite likely to result In the United
States taking active measures In behalf
OF the Cuban patriots.