Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1896-05-10
UNCLE SANS BACK IS UP
Spain Has Been Ordered to Call
a Halt
IN THE COMPETITOR CASES
AProtest Was Entered Against Prisoners Be-
ing Court-MartiaIed.
MILTON is A NEWSPAPER REPORTER
he and His Companions Were Caught
With Arms in Their Hands, Which
May Make It Go Pretty Hard
With Them.
MILTON is A NEWSPAPER REPORTER

the death sentence on the men caught on
the filibuster Competitor, it is stated is
liable to bring about a crisis in the rela-
tons between. Spain and the United
states 1t is understood that this gov
ernment will not allow the executions to
take place without earnest and vigorous
protest against the summary manner in
which the trial was conducted. Secreta-
ry Olney several days ago sent instruc-
tions of no uncertain tone to Consul Cen
eral Williams, and these formed the basis
for the representations made by Will
liams to the court-martia1 yesterday.
Every effort is being made to prevent the
execution of the sentence until this gov
ernment can make thorough investiga-
tion on which to base appeals or de-
mands.
OF the five convicted and sentenced two
are native born American citizens, and
the third, William Kinlea, described as
an Englishman, is understood to be a
naturalized citizen of this country. The
state department is informed that owen
Milton is from Kansas and that Alfredo
Laborde was born in New Orleans.
In all cases of arrest of American citi-
zeils for alleged completely in insur-
rection the United States has insisted on
civil trials for those who were not cap
tured In the act of using arms against
the Spanish forces, practically conced-
ing, however, that those bearing and
using arms might be tried by military
courts. This construction complicate5
matters in the present instance as Mil
ton, Laborde and Kinlea are stated to
have been captured with arms in their
hands.
Secretary olney had long interview
with the president on the subject this
morning and on his return to the state
department sent kilograms to Madrid
and Havana.
1t Is understood that the friendly offices
which the state department is exerting
In behalf of Owen 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 defense and too hastily to examine
into all the circumstances of the case
The effort now being made at Madrid and
Havana is, therefore, to be in the line of
securing delay of execution for suffi-
cient time to permit such an investigation
of the Competitor incident as is demand
ed In the interests of humanity. 1t is not
thought that any attempt will be made
to secure a civil trial for Milton or any
of his associates who may be found to be
bona fide American citizens, the treaty
under which such transfers of jurisdic-
tion has hitherto been made appearing
to have no bearing in the present in
stance. The first article of the protocol
between the United States and Spain,
signed January u, 1877, concerning judi
cial procedure, provides as follows:
No citizen of the United States, residing
in Spain, her adjacent islands, or her
ultra marine possessions, charged with
acts of sedition, treason or conspiracy
against the institutions. the public securi-
ty, the integrity of the territory, or
against the supreme government, or any
other crime whatever, shall be subject to
trial by any exceptional tribunal, but ex-
clusively by the ordinary Jurisdiction, ex-
cept In the case of being captured with
arms in hand. Under this article many
American residents in Cuba have in the
past year had their cases transferred to
civil courts, through the intervention OF
Consul-General Williams but there does
not appear the slightest ground for claim
ing Owen Milton to be resident of Cuba,
and the article cannot, therefore, be made
to apply to him. The same protocol, how
ever, (Which was negotiated by Caleb
Cushing) further provides that those
taken with arms in hand as excepted In
the article quoted. shall be tried by ordi-
mart council of marshal, have counsel to
defend them and the right to compel the
attendance of witnesses. This clause also
relates only to residents.