The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1896-05-12
SIAM GIVES IN.
Execution of the Competitor Grew
is Postponed.
DEMAND OF THEuxITED STATES
Is s,spsissd to that E1tsnt-Ths .reands
TaEsH By this Government In the HAT.
tsr-Terns OF tho Treaty which Is Being
RnfSresd BY Uncle sam-Rsport Of the
spanish DeslslOn Is COnnrmsd-NewS
From Cuba.

WASHINGTON, D. c., May lin
the Competitor case It can be author
itatlYely stated that ut the request Of
the United States the Spanish governs
ment Will postpone execution OF the
death sentences upon American citizens
until the Views OF the United States re-
Spectlng the application Of their cnseg
OF the treaty oG 1879 and the protocol Of
1871 can be represented and considered.
The announcement OF the postpone
Inent OF the executions means delay
OF some weeks at least and that the
matter will be'tAkcn UP by the diplo.
matte representatives OF the United
States OF Spain and be made the sub.
ject OF the exchange Of correspondence
on the Interpretation to be given the
treaty provisions between the two ma
lions. Meanwhile the effect win be TO
Rllay popular excitement both here and
In Spain.
The action OF the state department in
insisting upon retrial at least OF the
American prisoners Is evidently in an
sWer To the contention OF the courtmar.
tlai that the Cushing protocol OF 1871 did
not apply to the present case. The court
held that Il only applied to American
citizens resident IN Spain or the Spanish
domlnionS. and, as the captiVes from the
Competitor were mot in any sense resi-
dents OF Cuba, decided that they could
not ciaIin any of the privileges accorded
by the protocol. In the opinion OF the
state department this was an extremely
narrow and lllIberal construction to
place upon the protocol. but while not
accepting this construction the depart
ment guarded against an adverse decis-
ion on the protocol by recurring ia the
ancient treaty OF 1875, on the ground
that II the prisoners case was not cover:
ed by the protocol they certainly ctluld
invoke the measure OF protection anord-
ed by the earlier treaty. While this
this treaty Is not by any means generous
IN the matter Of privileges held out 70
American prisoners, It still contains
some guarantees OF great value to them
in 1ust such cases as that which has now
arisen. The section OF the treaty apply
ing 70 the case, In the Judgment OF the
state department Is article VII, which
reads as follows: - -
"And Il Is agreed that the subjects
and citizens Of each Of the contracting
partles, their vessels or effects, shall not
be liable to any embargo or detention
on the part OF the other, for any military
expedition or public or private purpose
whatever. and in all cases OF setzure,dsS-
teull0Ll UT OLTSHlS AuE 4FaAo NSAths eAFNs-sas
or Offenccs committed by any citizen OF
the one party within the jurisdiction OF
the other, the same shall be made nnd
presented by order and authority OF
law only, and according to the regular
course OF proceedings usual IN euch
cASes. The citizens and Bubiect8 Of both
parties shall be allowed to employ guell
advocafef,, SoiinitnrS and riotarles.
agents ana Factors, as they may july
proper IN All their affdlrB and in NJ
their trials bylaw, In which they may pc
concerned before the tribunals of the
other marty, and such agents shall have
free acceas to be present at the proceed
InEs IN such causes, and at the taking OF
nli examinations and evidence which
may be exhibited In the said trials.
The contention OF the Btlte depart
ment II, that irrespective ut the CuHh-
InE protocol OF 1877 this treaty gives the
American prisoners certain privileges
that were withheld from them by the
Spanish couftmartial Notably. tney
were obliged to rest their defence IN the
hands OF q. Spanish officer detailed for
the purpose and une IN all pTIli pT9D1DllILy W.
not particularly anxious to clear his
clients. and were prevented from select
ing their own counsel as guaranteed by
ire treaty. Also It Is said that the pris-
o,ers were not accorded an opportunity
10 procure testimony In their own behaif.
This Is one Of the privileges insepefaole
from a. lawful and regular conduct OF
the prosecution.
the state department Is preparing 20
make a strong legal defence against tho
cYectitInn Of the death penalty In the
ale of the American prisoners.