New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-09-18
SPAIN YIELDING TO OLNEY.
INCLINING TO JUSTICE FOR AMERICAN
PRISONERS IN CUBA
SETTLEMENT OF THE CASES OF THE DELGADos
AND THE COMPETITOR PRISONERS PROM
IsED-THE sECRETARY's VIGOROUS
NsTRANCEs-OFFICIAL IN
FORMATION RECEIVED FROM
SETTLEMENT
MINISTER TAYLOR.
IRY TELEGRAPH TO THE rRIBrHE.l
FORMATION RECEIVED FIT


Spain has yielded to certain demands of Secre-
tary Olney in the cases Of a number OF Ameri-
cans which have recently been the subject or
some vigorous diplomatic correspondence.
Rumors and unofficial reports to this effect have
been in circulation. but nothing authentic has
previously been published. The first news came
from Madrid. through London. This was that
the Spanish authorities would take up and
settle some American cases. Now the State De-
partment learns from Minister Taylor that two
important cases are actually under consideration
with the promise Of early conclusions Mr.. Tay-
Tor has not reported that any of the pending
American cases have been disposed Of.
The decision Of Spain to act is tardy one,
and the delay has been the source OF much
worry not to say serious dispeasure TO the
officials here. The authorities familiar with
the tomorrow" diplomacy Of Spain. But the
cases In point are OF such moment and the de-
mands of the State Department earnest. yet
reasonable that no good cause for an exhibition
Of procrastination has been apparent. Never
theless. Spain has proceeded with unusual de-
liberation. bordering on wilful neglect she mas
finally decided to sct and Minister Taylor has
so cabled to the State Department. Mr.. Taylor
does not intimate what answer Spain Will make
TO the demands Of Secretary Olney. He says
briefly that the Duke Of Tetu1n has taken the
cases under consideration. with a promise OF
an early disposition About ten days ago. Mr.
Taylor cabled that he had assurances that the
two cases would be acted upon soon as the
Cortes adjourned. The adjournment took place
last week.
THE CASE OF THE DELGADOS.
The two cases which are to be looked into are
those Of the Delgados father and son. and the
crew Of the Competitor. It will be remembered
m the elder
Delgado was struck by soldier with ma
chete and left for dead Some time after this
the Delgados called at the State Department
and personally lodged a complaint against Spain.
Secretary Olney inquired carefully into all the
facts Having become satisfied that the men
were Americana that their story was trust
worthy and that their cases were deserving OF
prompt attention. he made demand upon Spain
for damages Following her usual custom. Spain
was tardy in replying. When the answer
reached Washington 1t was found TO be unsat-
isfactory. The State Department officials decline
10 give out the terms Of the reply. 1t is assumed
here that the Madrid officials either denied the
statements Of the Delgados or disclaimed re-
sponsihility for the injuries inflicted upon them.
The latter is probably the ground taken as 1t
was made known to the Duke OF Tetuan by Min
lister Taylor that Secretary Olney had search
ingly inquired into the facts and found them as
presented In his demand.
Shortly after this answer reached the state
Department Mr.. Oney again addressed Minister
Taylor This time he employed some vigorous
language Two Americans he said had been
unlawfully and brutally injured in Cuba by
Spanish soldiers: they were entitled to damages,
and the State Department expected that these
should be paid by Spain without needless delay.
The Secretary responded in detail to tho points
tn he Cnop Sh piIf In a faN
ply was a renewed and stronger demand that
prompt justice should be done TO the injured
Americans The Secretary's note has been In
the hands of the Spanish Foreign Secretary for
about two months. 1t Is only now that Minister
Taylor is able to say that the case is TO be con-
sdered al once and some settlemer: reached. 1t
Is expected here that The settlement will be
another diplomatic note. Indeed. the conclusion
OF the case on the basis suggested by Mr.: Olney
is thought to be remote The Secretarys posi-
ton is regarded as sound. as II rests upon many
precedents But Spain is particularly slow TO
act on all cases involving money damages.
THE COMPETITOR PRISONERS.
The case Of the Of the schooner Com
petitor calls for immediate action. 1t is one in
which the lives of two, possibly three, Ameri-
cans who were on board the vessel when she
was captured on April 90 off the Cuban coast
are at stake. The Competitor was probably
flibustering vessel She left Key West on April
90 and while at sea she took on board war sup
plies for the Cubans She went 10 Cape Sable
and was there joined by General Monzon and q
party of insurgent sympathizers. Four of her
crew were captured by the Spanish authorities.
They were Alfredo Laborde. the captain, ana
Owen Milton. both American citizens: Dr. 3edia.
who also claims l. ne citizen OF the Cnued
States and a man named Kildea an English
man BY order of General Wevler these men
were tried by a drumhead court martial and
sentence of death imposed The case was
reported 10 Washington and a protest against
the carrying out Of the sentence was promptly
cabled TO Madrid Secretary Olney then took
the ground and has since stOutly maintained
IT that the American members Of the schooners
crew were entitled TO full and fair trial In the
civil courts He has contended that their first
trial was Irregular and in violation Of specific
treaty obligations. His position Is that the men
should have retrial before regular civil trib-
unal not favor to the United States. but as
g right.
manned unanswered for some time II Is gen
erally believed here thai General WeyleT VIII In
the near future be directed Ia order the Ameri-
can who were on the Competitor brought before
a civil court. No other solution Of the case seems
possble unless Spain intends 10 defy the State
DEPARTMENT Should she do ths she would be
acting in violation of the decision Of one Of her
own high courts
DECISION OF THE MADRID COURT
A fact Of striking significance is that some time
ago the Spanish Foreign Office submitted the
case of the Competitors crew to a Madrid civi!
tribunal corresponding In authority TO the United
States Supreme Court. The principal points In
one Of MIR. Olreys notes, together with brief
made out in the Spanish Foreign Office. laid
before the court The question presented for a
,ulirg was whether the sentenced members of the
schO0ner's crew were. under SPANS treaty with
Tho United States entitled 10 trial before the civil
courts OF cuba The court reached affirmative
conclusion Its decision has been in the posses
eion Of the Foreign Office for about month.
This Is another reason why IL Is thought here that
Mr.. Oney's demands In tins case VIII DE granted.
possibly the head Of the Foreign Office at Ma
drid acting under the advice Of the Minister OF
war hesitates to announce that the Americans
,nust be permitted to come before civil tribunal.
.--.al urorlor is unlersiOnd. has taken The |