The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-05-10
SENTENCED TO DEATH
Alleged Competitor F1libus-
terers Found Guilty.
HAVANA COURT MARTIAL
An American Citizen Con-
demned to Die.
AND FOUR NATIVES OF CUBA
The State Department viii Intervene
and Lose No Opportunity to Aid
the Prisoners and Prevent
Their Execution.

forming the court martial which tried
the men captured on board the Ameri-
can schooner, Competitor, of Key West,
Fla, sentenced the prisoners last night
but the Judgment viii not be disclosed
until it is signed by Admiral Navarro.
Madrid, May 9--Despatches received
here from Havana say that the men
captured on board the American
schooner Competitor, who were tried
by court martial yesterday, have been
sentenced tc death.
Washington, May On information is
to be had from official sources respect
ing the Competitor case in any respecs,
either as to the result of the cuort mar
tial or as to the course our government
will follow in the future. Nevertheless,
it is generally understood the court
martial has found the prisoners one 4
and all guilty, and has imposed the
death sentence upon them, subject 10
Admiral NaYarro's approval.
This, however, does not necessarily
mean that there is to be speedy action
i'm the execution of the sentences, or
even that hope for the convicted men
must be abandoned. Under the Span.
ish military code, as in the case of our
own military law, all capital sentences
are renewable by superior authority.
The impression prevails in well inform
ed quarters that the proceedings of the
court martial must be submitted,
either in the first instance, or eventual
", to the Council of Ministers at Mad
rid, and while this may be done by the
free use of the cable, several days viii
he required to complete the action in
the case.
meanwhile, the State department
is in close connection by cable with
United States Consul General Williams
at Havana and under instructions he
will lose no opportunity to aid the
prisoners in all proper ways. Indeed,
it appears that he has already been
energetically protesting and making
Representations in the interest of the
Americans captured and has raised
some points that, although dismissed
by the court-martiaI at Havana, as in
applicable, are likely to be made the
subject Of immediate representations
by the State department to the Madrid
authorities.
Our department is not disposed to
accept as final by any means, the con-
struction given by the court-martial
to the celebrated Gushing protocol,
upon which depends the safety Of so
many American citizens in Cuba. As
gathered from the newspaper reports
of yesterdays trial the Spanish au
thorities, In answer to Mr.. Williams
demand that the American under ar
rest be granted the privileges assured
by that protocol, held that the proto-
col did not include persons captured
! under such conditions us were these,
but applies only to American citizens
resident in Cuba. 1T is true that this
is the literal wording Of the protocol,
but IL IS held here that this construc-
ton is extremely technical and narrow
and it will not be accepted without
remonstrance by our government.
The Competitor case is also compli-
Gated BY O wide variance between the
Spanish law and our own respecting
the definition of piracy, and this be
comes of great moment when 1T is
realized that in the present case he
captives are accused in addition TO
| treason, of being pirates. Under our
law, or under British law, such a
charge would not apply to their case,
but it appears that the Latin code rec
ognizes what is called municipal pria-
cv." meaning offenses committed a.
oainst the laws of a country from a
base within the waters over which
municipal jurisdiction extends, and
this is the grayamen OF the charge a.
gainst the Competitors men. Alto
gether the case promises to present
features of novelty making it extreme
Iy difficult to deal with legally and per-
haps to call forth some strong ex-
pressions of opinion from both sides
before it is finally disposed of satisfac-
torily.
Secretary Olney and the President
were in conference for some time to-
day on the Competitor case. The re-
suit of the conference is not stated
but there can be no doubt that strong
representations will be made to the
Spanish authorities against the sum
mary nature of the proceedings and
against the inhiction of the death SEN
tence and that especial stress will
be laid on the Milton case.
MATHIS NOT CAPTURED.
Washington, May Representative
Dinsmore, of Arkansas, in whose dis
trict Milton, one of the prisoners from
the Competitor is said to reside, has
been active in requesting the State
department to protect the interest of
his constituent He said to-day that
the State department is doing every
thing that can be done to safeguard
the lives of the Americans, but with
out any result so far as he knows as
yet. Mr.. Cooper, of Florida, is also in
terested in the cases, but says Senator
Pasco has the matter in charge. Mr..
Cooper was one of the men who feared