The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-11-19
COMPETITOR MEN FREE.

Queen of Spain Removes Another Cause
for Friction With This Government.
Washington, November 8.-Minister
Woodford has telegraphed the state de-
partment that the Spanish cabinet has
notified him that the Queen has pardoned
the Competitor prisoners. The state de-
partment now announces that the Com.
petitor pri oners were turned over to Con-
sui General Lee last Monday and will be
sent by him direct to New York.
The capture of the Competitor occurred
on Saturday, April 10, 1894, near Berra-
cos, San Cayetano, Cuba. The Competi-
tor is che only vessel that has ever been
captured by the Spanish patrol. Captain
Laborde asserted at the time that he took
on board at Key West for passengers Tor
Lemon City, Fla, twenty four men, who
seized the ship, and then went to Cape
Sable, where they took ON % men and
munitions of war, and then sailed for
Cuba. The expedition was landed, but
the capture of the men named followed.
Consul General r. o. Williams, who
was in charge in Havana when the
American citizens were taken off the
Competitor, lost no time in demanding
that they be tried under the terms of the
Cushing protocol OF Jan. H. 1877, which
was agreed upon by the two governments
regarding the effect of existing treaties In
matters of Judicial procedure.
This protocol provides that No citizen
Of the United States residing In Spain, or
adjacent islands, or her ultra marine
possessions, charged with acts of sedition.
treason. Or conspiracy against the institu-
tion, public security, the Integrity OF the
ment, or any other crime whatsoever,
shall be bound to trial by any exceptional
tribunal, but exclusively by the ordinary
Jurisdiction, except in the case of being
captured with arms in hand"
1t is further provided that, when they
are taken with arms they shall be tried
by ordinary council of war, and are en- :.
Titled to name attorneys and advocates
who shall have access to them at suitable
times and that they shall be furnished
with copy of the accusation and list
of witnesses Of the prosecution, which
shall be examined by the attorneys and
advocates.
On that ground Consul General
Williams protested against the summary
court-martfal which was to take place.
The Spanish authorities asserted that the
Competitor prisoners were not embraced
in the treaty because they were not resi-
dents Of Spanish territory, and they found
them guilty OF piracy and rebellion.
The death sentence was thought to be
awaiting the prisoners.
Our government through its counsel
general at Havana, then Ramon Williams
and also through Minister Taylor at
Madrid inte"posed an energetic protest
against the execution of the sentence,
claiming that the men were improperly
tried without the guarantees held out in
the famous Gushing protocol.
This protest caused the removal OF the
case to the higher judicial authorities at
Madrid by whom new trial was ordered.
The Spanish government, however, did
not, and has not yet conceded that the
Gushing protocol applied to such cases..
10 admit that, would, in the opinion of
the Spanish authorities greatly stimulate
the hitting out of filibustering parties in
the United States. The new trial had
BEEN ordered by the Madrid Supreme
court on the ground of irregularities in
the original trial, not because OF any con
cession 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 i'm
position OF the death sentence again
This would have provoked an explosion
in this country, according to the antici
patton of the department officials. that
would have been hardly less violent than
the feeling by the famous Virginus
episode, SO 1t is to them matter of salts.
faction that the Spanish queen has Gu,
the diplomatic tangle + the pardon of
them before the second .-iul.