Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-11-08

tiic american schooner competitor or Key
West, Fla, which was captured by the
Spanish gunboat Mesagera, near Berracos,
on the north coast Of Pinar del Rio, April
70, 1885, which was to take place today,
has been postponed owing to the sickness
of the president of the court
The Case in Congress.
The case of the Competitor prisoners was
at one time the cause of considerable fric-
ton between the Spanish and American
governments.
The Senate committee on foreign rela-
tiohs reported a resolution, which passed
the Senate July 20 last providing THAT
the President of the United States be, and
ne Is hereby, empowered to take such
measures as in his judgment NAV be neces-
sary to obtain the release from the Spanish
government of Ona Melton, Alfredo La
horde and William Gildea, and the restora-
tlon OF the schooner Competitor to her
owner; and to secure this end he is au-
thorized and requested to employ such
means or exercise such power as may be
necessary
Inc committee in reporting upon the
case said
April %, 1896. the schooner Connection
regularly documented American vessel
was captured by a Spanish gunboat at a
place alleged to be within the territorial
waters of Spain, few miles west of
Habana. The following persons being then
on board of her, were taken prisoners. viz:
Alfredo Laborde, Ona Melton and William
G1ldea- Laborde claims to be a native of
New Orleans, La. He was the regularly
licensed master Of the vessel, and to be
such must have been citizen of the United
States. William Gildea acted as mate b,lt
was born in Liverpool, England. Ona Mel
ton was born at Vinland, in the state of
Kansas. and he voted at Aurora, in the
state of Arkansas, in 1894
The vessel belonged to Mr.. Joseph Well
OF Key West. and had a license
Laborde cleared her at the Key West Gus
tom house, with four others besides him.
self as crew, five in all, and took on board
twenty-four men as passengers for Lemon
city, Fla, at 81 each When in the neigh
borhood of Cape Sable, the I'D of April,
1886, these passengers forcibly took charge
of the ship, and six of them came into the
cabin to make him surrender the vessel
This he did at the muzzle of pistol pre-
sented at his breast by one of them named
Taboada. They ran the schooner to Cape
Sable and there took on board twenty five
men with arms and munitions, and inform
ed LabOrde that between Cape Sable and
Rebecca light they expected to meet a
steamer with more men and arms for Cuba
Captured by Spanish Boat.
1.-The vessel reached Cuba, near Berracos,
San Cayetaro. on the 25th Of April, and
Immediately landed her cargo and passen-
gers by boats. The passengers forced La
borde to go in the first boat, with one of
the crew and nineteen men, all of whom
landed and escaped. He went back on
board and another lot landed. At this time
they were sighted by a Spanish tug or
steam launch. He ordered the American
flag to be set. While William Gildea, the
mate. tried to set it, he found the halyards
foul, and being shot at twice, he threw the
flag down. Laborde then held the flag
against the rigging so it could be seen.
No shot was fired from the schooner,
for they had 10 arms. although the pas
sengers who had gone ashore had arms,
and, as Laborde also understood, dynamite
No effort was made by Laborde or the
others to escape with the passengers, be-
cause they had been forced into their ex-
listing situation. The captors put Laborde
into what is called a Spanish windlass by
tying his wrists together and then drawing
the rope tight by a stick thrust through,
which caused great torture and made his
wrists swell. The Competitor and the cap
tives were immedia tely taken to Habana
and the latter were placed in prison, where
they have ever since remained.
These affidavits are not contradicted by
any statements in the message and accom-
panying documents transmitted by the
President to the Senate nor do these pa
pers present any evidence as to whether
the Competitor, when Seized was within
one marine league of the coast of Cuba.
THE case was considered by the Spanish
authority to be one Of admiralty jurisdic-
lion. and accordingly, upon the LIST day of
May, 1876, summary naval court-martial
WdS COHSllluleu LOT their Iilal crimes
designated, by reference and allusion in
the copies of official documents which are
in the possession of this committee, as
piracy and rebellion. No copy of the
charges has, SO far your committee can
ascertain, ever been furnished to this gov
eminent, though frequently requested.
Treaty Violated.
Against the Jurisdiction and competency
of this tribunal and method Of procedure
the American consular representative at
Habana, under instructions from the De-
partment of State, most earnestly protest.
ed on the same day, insisting that the case
should be tried under the seventh article
Of the treaty with Spain, concluded in the
year 1898. and under the protocol to said
treaty of 1877, and that 1t should not be
tried by summary court-martial, or by
any other form of procedure not adjusted
to the terms of the treaty. He also insist
ed that Laborde, being the master, and
Gildea, the mate of the vessel, WERE ac-
cording to paragraph III of the Consular
Regulations, entitled to the protection of
the United States.
1.-The admiral to whom this protest was
made, and who was the official in whom
the Spanish jurisdiction in the premises
seems to have rested, while expressing a
Willingness to furnish a copy of the
charges against the men to the American
consul as had been demanded seems never
to have done so. Their trial took place
within fifteen hours after he made this Of
fer. The admiral, acting under the adj
vice of the Spanish judge advocate, denied
the validity of these objections and pro-
test upon the ground that neither article T.
of the treaty of the 9th of October, 1885,
nor the protocol of 1877 applied to the
case, fer the reason. he asserted, that
foreigners must be tried by the same courts
having cognizance of Spanish subjects, ac-
cording to the local law relating to for
eigners. of the 4th of July, 1870, and be-
cause that, whatever Interpretation and
scope may be given to the treaty and the
protocol constituting it, the latter, from the
beginning, embraces only resident Ameri-
can citizens.
The First Trial.
'"rhey were tried by a naval court-mar-
tial of the most summary character on the
Sth day of May, 1896, the trial lasting but
few hours. They had no opportunity to
summon or examine witnesses. or to be
defended by counsel Of their own selection
They were not tried separately, but to-
gethe-, and, 1t seems, with several other
persons. TIE evidence against them con-
sisted solely of the testimony of Captain