New-York tribune., 1896-05-10
A CRISIS WITH SPAIN LIKELY
THE MEN CAPTURED ON THE COMPETITOR
SENTENCED TO DEATH.

NATURALIZED CITIZEN-THE GOVERNMENT
TO MAKE VIGOROUS PROTEST
AGAINST THE SUMMARY MAN
NER OF THEIR TRIAL.
Madrid May "a dispatch from Havana
says that the five prisoners captured on the
schooner Competitor have been sentenced to
death.
The names OF the prisoners are Alfredo La
borde. a native of New-Orleans. the leader or
the filibustering party; Orna Milton, of Kansas;
William Kinlea. Engshman. and Elias
Bedia and Theodore Maza, both Cubans. Their
trial began in the Havana Arsenal yesterday
morning The accused men pleaded not guilty,
and witnesees admitted that when the men were
captured they not armed and offered no
resistance. Nevertheless. the prosecuting om-
demanded the conviction OF the prisoners
and their condemnation to death. United states
Consul General Williams made written protest
against the trial
Washington, May 9.-The passage OF the
death sentence on the men caught on the NIL
buster Competitor 1t Is said. Is likely 10 bring
about crisis In the relations between Spain
and the United States. 1t is understood that
this Government will not allow the executions to
take place without an earnest and vigorous pro-
test against the summary manner in which the
days ago sent instructions OF no uncertain tone
to Consul-General Williams. and these formed
the basis for the representations made BY Mr..
Williams 70 the court-martial yesterday. Every
effort is being made to prevent the execution OF
the sentence until this Government can make a
thorough investigation on which to base appeals
or demands.
OF the five men convicted and sentenced. two
are native born An orleans. and third. Will
lam knlea. described an Englshman is un-
ierstood to be q naturazed citizen OF this coun-
try The state Department is informed that
Orna Milton is from Kansas and that Alfredo
Laborde born In New-Orleans.
In all cases OF the arrest Of American citizens
for alleged completely In the Cuban insurrec-
ton the United States Government has insisted
on civil trials for those who were not captured
in the act Of using arms against the Spanish
forces, practically concedng, however. that those
bearing and using arms might be tried BY MILL
tary courts. This construction complcates mat
ters In the present instance. as Milton, Laborde
and Kinlea are alleged TO have been captured
with arms In their hands. Secretary Olney had
long interview with the President on the SUB
ject this morning and on his return 10 the stare
Department sent kilograms TO Madrid ana ma
vana.
WHAT LAW RELATES TO THE PRISONERs7
II Is now pretty we'll understood that the
friendly offices OF the state Department being
exerted in behalf OF Orna Milton OF Kansas. SEN
fenced by court martial TO be shot In Cuba. are
limited TO the complaint that the decision was
reached in a summary manner. without giving
any opportunity for defence, and too hastily 10
examine into all the circumstances OF the Gaze.
| The effort now being made at Madrid ana
| Havana is therefore to be in the line OF secur-
| ing a DELAY OF execution for a sufficient time TO
| permit such an investigation OF the Competitor
! incident as Is demanded In the interests OF
humanity. 1t is not thought that any attempt
| will be made TO secure d cl"il trial for Milton
| or any Of his associates who may be FOUND 10 De
! bona fde American citizens. the treaty under
! which such transfers OF jurisdiction have oeen
| hitherto made appearing to have no bearing IN
| the present instance. TIE first article OF the
| protoco, between the United States and spain.
| signed January T. 1871, concerning judicial
| procedure, provides as follows:
| "No citizen Of he United States residing in
| snaIn her adjacent islands or her ultra-marine
| possessions charged with acts OF sedi,ion. trea-
| son or conspiracy against the institutions the
nubllc security the integrity Of the territory OF
! against the supreme Government or any other
crime WIN tsOever shall be subject 70 trial oy any
| exceptional tribunal but exclusively by the ord1-
| nary Jurisdiction. except in the case OF oeihe
| captured with arms In hand.
| Under this article many Americans resident
! In Cuba have IN the last year had thelr case'
transferred 10 civil courts through the interveh-
| tIon of Consul General Williams, but there does
not appear to be the slightest ground lor cain
| Ing owen Milton to be Il resident or Cuoa anu
| the article cannot, therefore,, De iHd"c w "Pf''
TO him ,, ~
The same protocol. however, which was
negotiated by Caleb Gushing. further provides
! mat thO~, taken with arms in hand as excepted
in the article quoted shall be tried by ordinary
council Of war. shall have counsel 10 deiehd
them and the right TO compel the attendance of
! witnesses. ,,.
This clause also relates only to residents
The Competitor sailed from Key west between
TO and II o'clock on the night Of April 2O ana mao
on board twenty-five thirty Cubans. she was
commanded by Captain 4. Laborde. resident OF
| Tampa but II was rumored that Captain Russel
Wacoa. who commanded the schooner Marina
lately forfeited to the United States .or Violauon
Of the revenue laws. in hiding on one or 'ne
KEYS north OF Key West. waiting to take command
OF the Competitor and run her over TO CUBA Inc
customs officials at Key West had watch,d the
scbooner for several days before aer departure
susnect. .ng that she would attemot 10 take out az
from Kev West she captured by me Spallsn
| e,tuhoar Mesagera, Berracos. on the northeri
| coast % the Province of finar del mo 9he ""s
| loaded with arms and ammunition - . -
Tho Compntitor IL vessel OF forty-seVen tohs' q
foot inches long 20 feet wide and | ieeL in ceplh
| she was built at Bellport. La. In 1871. Inc Aher
Ican Record gives the names or her di,u
owner respectively. as A. Albury ana >. Ilicsr
| = Kpy