The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-11-19
END OF A WORRISOME CASE
OFFICIALS AT WASHINGTON MUCH
PLEASED AT THE OUTCOME.
Capture of the Filibusters, Their Trial
and Sentence to Death-Gen. Wey-
Ter welcomed Home from Cuba.

Spanish Cabinet had nOtlfeQ MIN Aal IHe
Queen Regent had pardcned the men. Later
in the day a message was received from
Consul General Lee, at Havana stating
that the prisoners were turned over to
him on Monday and that he had to-day
placed them on board the steamer Yumuri,
which was now en- route to New York. 1t is
believed here that the prisoners were lib
Grated on some such conditions as were inn
posed in the case Of former prisoners-that
is, that they will not return TO Cuba. After
their bitter experience in the Cuban jails it.
is not believed here that the men will be
disposed to violate any understanding of
this kind to which they may be parties. 1t
is singular that the men should have been
for four days in the custody of Consul Gen
eral Lee without the fact having been gen.
orally known, but it is supposed that Sc
crecy was observed in order to insure de-
parture from Havana without exciting
trouble from the extreme conservative
Spanish faction.
The Competitor case has caused much
worry to the State Department officials, and
they are glad it has been amicably ad-
justed. After the men had been tried and
condemned by court-martial, this govern
ment, as stated elsewhere. interposed an
energetic protest against the execution of
the sentence, claiming that the men were
improperly tried without the guarantees
held out In the famous Cushing protocol.
This protest caused the removal of the case
to the high judicial authorities at Madrid,
by whom trial was ordered. The Spanish
government, however, did not, and has not
yet, conceded that the Gushing protocol ap-
piled to such cases. To admit that, would,
in the opinion of the Spanish authorities,
greatly stimulate the fitting out of filibus-
tering parties in the United States. The
new trial had been ordered by the Madrid
Supreme Court on the ground of irregulari-
ties in the original trial, and not because
of any concession of the soundness of the
objections interposed by the United States
officers. 1t was to have begun last Monday
and it is thought would have resulted in
the imposition of the death sentence again.
This would have provoked an explosion in
this country, according to the anticipation
of the department officials that would
have been hardly less violent than the feel
ing caused by the famous Virginius episode,
so it is to them a matter of satisfaction that
the Spanish Queen has cut the diplomatic
tangle by the pardon of the men before
the second trial.
A dispatch from Madrid says: At the
meeting of the Cabinet to-day letter from
the United States minister, Gen. Stewart L.
Woodford, was read, expressing the salts
faction and gratitude of the United States
government relative to the settlement of
the Competitor case and other current ques-
tions. The communication created a good
impression in political circles.
An Associated Press dispatch from Ha-
vana says: In pursuance of cabled instruc-
tions from Spain, received yesterday, Cap
tain General Blanco to-day released from
Cabana fortress Alfredo Laborde, Charles
Barnett, Ona Melton and William Gildea,
members of the crew of the American
schooner Competitor, captured in April, 1896,
by the Spanish gunboat Mesagra on
charge of filibustering They were delivered
to the American and British consuls, and
have taken passage on the steamer Sara
toga, of the Ward line, for New York.
The Capture of the Competitor.
The capture of the Competitor occurred
on Saturday, April 25, 1886, near Berracos.
San Cayetano, Cuba. The Competitor is the
only vessel that has ever been captured by
the Spanish patrol. Captain Laborde as
serted at the time that he took on board at
Key West as passengers for Lemon City,
Fla twenty-four men, who seized the ship
and then went to Cape Sable, where they
took on board twenty-three men and muni-
tions of war, and then sailed for Cuba The
expedition was landed, but the capture of
the men named below followed:
ALFREDO LABORDE, native of New
Orleans, La, master of the Competitor, an
American schooner, owned by Joseph Wells,
of Key West He was arrested on the
charge of landing arms for the insurgents.
WILLIAM GILDEA, naturalized citizen
lof+ +l,nT foI fafo M nj h0
tor; was arrested on a similar charge.
ONE MELTON, citizen OF Kansas,
correspondent for a Key West newspaper,
who shipped on the Competitor to go to
CHARLES BARNETT, a British subject,
steward of the Competitor, also arrested on
land on the same charge.
Consul General Ramon o. Williams, who
was in charge in Havana when the Ameri-
can citizens were taken off the Competitor,
lost no time in demanding that they be
tried under the terms of the Cushing pro-
tocol of JAM 12, 1871 This protocol provides
that no citizen OF the United States re-
siding in Spain or adjacent islands or her
ultramarine possessions, charged with acts
of sedition, treason or conspiracy against
the institutions, public security, the integrity
Of the territory or against the supreme
government or any other crime whatso-
ever, shall be subject to trial by any ex-
ceptional tribunal. but exclusively by the
ordinary Jurisdiction, except in the case of
being captured with arms in hand" In the
latter case ii is further provided that when
they are taken with arms in hand they
shall be tried by ordinary council of war
and are entitled to name attorneys and ad-
vocates. who shall have access to them at
suitable times, and that they shall be fur
nshed with a copy of the accusation and a
list of witnesses Of the prosecution, which
shall be examined by the attorneys and ad-
vocates. On this, ground Consul General
Williams protested against the summary
court-martial which was to take place.
The Spanish authorities asserted that the
Competitor prisoners were not embraced in
the treaty because they were not residents
of Spanish territory, and they found them
guilty of conspiracy and rebellion. The
death sentence was thought to be awaiting
the prisoner and Consul General Williams
telegraphed so to Secretary of State Olney.
and the latter replied in which among
other things, he said: Make same repre-
sentations and request to the governor gem
eral, urging that the request of the United
States for delay, which would be. proper in
any case would be especially so in view of
the extremely questionable jurisdiction OF
the court-ulartial trial which can be iusu-