Evening star., 1897-06-08
SPANISH AUTHORITIES RESPONSIBLE
Treaty Rights Violated in Regard
to His Imprisonment.
NEXT STEP TO BE TAKEN

the report were accurate.
Assuming, however, that the consul gen.
erals conclusions are correctly set forth,
in brief, that Ruiz died while in iail in
violation of his treaty rights, the question
before the department of the largest I'M
portance is what shall be the next step.
The wife of Ruiz has flied with the depart
ment claim for $150,UU0 for the death of
her husband. The Spanish contention has
been that he was not killed, nor was he
treated harshly. Gen. Lees inquiry is un-
derstood to have failed to bring out the
facts on these points, but his statement on
another. namely, that of his confinement in
violation of treaty rights, appears to make
the first two points non-essential and to
leave the case resting on the broad claim
that in confining Dr. Ruiz for more than
seventy-two hours without permitting him
to communicate with his friends or trying
him, the Spanish officials in Cuba have as
sdmed full responsibility for the results Of
that extra confinement
The fact being established that DR.. Ruiz
kept up his citizenship by registering him
self at American conSulateS in Cuba from
time to time, as required by regulations, is
taken an offset against the claim that
by continuous residence in Cuba for nearly
twenty years he had forfeited his rights as
an American citizen, so it is SurmiSed that
the next step in the case will be the presen-
tation of Il claim against the Spanish gov
ernment in behalf of the family of the VIC
tim, based on this illegal imprisonment
Senator Morgan read the publication of
General Lees alleged report with great
interest He was very indignant over
the treatment accorded to Ruiz as devel-
oped by the testimony claimed to be set
forth by General Lee.
THE case of Ruiz" said Senator Nor
gan to a Star reporter. lis only terrible
crime perpetrated under the system of the
Spanish inquisiticn that prevails in all
their summary proceedings. 1t was not
so brutal as the horrible punishment I'M
posed upon Spanla-ds by Weyler Whcn
he was captain general at Barcelona ana
was extorting confessions from prisoners
who were accused of throwing dynamite
bombs into a procession HIS character
established in the former ten years war
in Cuba and confirmed in the philippines
and at Barcelona was the real cause Oh MS
selection as captain general in Cuba
Ruiz was only one of many of his VIC
Tins Many more, known ana UNKNOWN.
who were entitled to our protection, ana
many living Americans now suffering in
Spanish prisons are neglected while we are
hunting up evidence to prove Dr RUIZ was
murdered. If he was assasslnated py ms
taller, what then? Our government can
only demand the punishment Of his mur-
derers or damages to compensate his loss
to his family.
IF Spain disavows the murder that ends
the diplomatic features of the incident and
we come down with dull thud unless we
stand up for the rights Of RUIZ under our
treaties with Spain. If we at least take
that stand we shall find many cases, some
Of them living Americans, native born, as
to whom the proof is positive.
"a case of conspicuous importance and
very shameful to our government is the one
Of Melton of Arkansas and the other pris-
oners Of the Competitor. There is no DOUBT
in that case that we are in default to our
citizens, to our treaties, to justice and hu-
manity How can these delinquenc:es be
expiated by Spain If we consent to them?
That is what we are doing
The Report.
The New York Journal today publishes
the following, which it claims to be 1.-The
full text Of the report" of Consul General
Lee:
HABANA, May 81. 1897.
To Hon. John Sherman, Secretary of State.
Sir: The right having been reserved 10
make a separate report to my gove0ment
In the Ruiz case. l have the honor to sub
NIT the following statement which l re-
quest will be filed with the report of the
commissioners:
He was about forty-six years of age,
dentist by profession, married, and resided
with his wife and children at the town Of
Guanabacoa, four miles from Habana; az
rested on the 4th of February, 1897, about
a.ni.. at his house In Guanlbacoa, charged
with being connected with the attack on 4
railroad train on the night of the 10th of
January, 1897, at poirt nearly midway be-
tween Guanabacoa and Habana, about two
and one-half miles from the latter city.
The evidence Of his most intimate friends
and that taken before the military judge, as
per record submitted with the commission
crs' report show he was quiet and domestic
in his tastes, a peaceful American citizel en-
gagged in the active pursuit Of his profess
sion-that he took no part In the military or
political proceedings on this island, had
at any time any communication by writing
or otherwise with those engaged in the
fnSurrectlOn. time no
attack by armed insurrectionists on the
train he was in the house of neighbor
and friend, opposite his own, in Guanaba-
Goa, until 10 pm, and then went to his own
abode, where he passed the highland
knew nothing Of said attack until next
morning, when it WAS known generally to
the public.
He was taken from his hoe and profess
sion, wife and small children, carried to fail
and thrust into cell marked in the dia-
gram, and whose dimensions are given In
the report of the commits siOners being one
of three smallest cells of the Jail used for
keeping prisoners in solitary confinement
The dimensions of the cell in which Or
Rniz was confined are greater thar given in
my previous reports. which were based
upon the statements then received from
persons who did not and could not mea s,,-o
1t; but the fact remains that he was in n
cell alone day and night, with stone walls
and stone floor, and with no ventilat tion for
air or light except rectangular iron-barred
opening or transom above the door,
The manner or his confinement was a
violation of article $50, law of criminal nro-
cedure, ruling In Cuba and Puerto Rico.
which demands that Provisional imprisoo,
ment shall be made in the manner and
form least prejudicial to the person and
reputation of the accused"
While the cognizance Of his case being
confided at first to the Jurisdiction of the
military authorities was violation OF SEQ.
tion of the protocol between Spain and
the United States. signed January IL. 1S7T
which stipulated that no citizen of the
United States residing in Spain. her ad
jacent islands or her ultramarine posses.
sions charged with any crime whatso-
ever shall be subject to trial by anv ey-
ceptional tribunal. but exclusively by the
ordinary jurisdiction. except in the cass ~
being captured with arms In hand, the
testimony shows the jailer knew DR.. RuIs
was an American citizen on the day of his
arrest-viz: 4tk February fS99-aad thai
the acting governor and captain general
OF the island Was informed Of the fact on