The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-07-04
CLAIMS ENORMOUS DAMAGES.
An IdabOan Demands 100000 for
Imprisonn,ent in Cuba.


Spanish Treaty Claims Commission. The
claimant appears before the Commission.
in propria persona, preparing his own
claim being. he says unable to pay an
attorney. DyEert alleges in his petition
that he was Illegally imprisoned by Span
ism authorities in Cuba He also files
what puTpoTtS to De certified copies of the
correspondence in his case on file in the
Department of State. These consist of
letters and dispatches between that de-
partment and thu United States Consul
at Havana, and the Spanish authorities
regarding his release from Imprisonment
From what may be CLEANED from these
papers 1t appears that DygeTt was arrest
ei. and that at the time of his arrest he
was possessed of 50 in Spanish silver.
small purse, a pair OF sleeve buttons, one
rubber coat. five pocket handkerchiefs,
and two pocket knives. To Offset the loss
of his worldly goods and humiliation of
having been placed under arrest and
placed in prison. he sets forth the follow
ing claims.
Item / For oourt-martiaI and iu1pr:s-
Onment and refusing 10 allow petitioner to
communicate with the Consul General or
frienos, damages to The amount of SOTO.
Item ?. For mental and physical suf-
fe"irss and indignities, dlmayas t. the
aT,.ount o. -, 900.
item 3. for permanent mert3I aud ply
steal injuries, damages to the amount Of
$500
Item 4 For defamation of character,
damages to the amount of S9,959-
Item 5. For extra expense on account
of imprisonment to obtain release. or
cash expended. damages to the amount
Of $1,000: total 100000"
The Government it is understood. wiz
offer motion to dismiss The claim. and
Assistant Attorney William Edgar ROS-
ers, one of the representatives of the
/ Government before the Spanish Treaty
{ Claims Commission. has been preparing
| the brief to be submitted with the mo-
/ ton Mr.. Rogers gives his views OF the
! claim IS follows:
From the correspondence it appears
/ unquestionably that the claimant was ar
! rested by 4 column Of Spanish troops
! while wandering around apparently aim
4 Iessly among the hills and mountains.
! as he says. in the country, some distance
! from Havana getting subsistence from
/ the natives lie had no passport, ana his
! personal belongings when arrested con-
/ sisted OF s. in Spanish silver, a small
{ purse with d pair of sleeve buttons. one
/ rubber coat, five handkerchiefS and two
J bOiEAtb hAi4h - 4llG EDlJtLilSil AlAl44bL At4NS
/ claim be was a suspicious character. and
! proceeded to identify him at once with one
/ Fl IngIesito.' noted Cuban insurgent
( leader.
! After exactly two months incarcera-
J ton and much correspondence on the part
( of the United States Consul General at
Havana. Dygert was released on the per
emptory demand Of Secretary of State
( OIney.
What Mr.. Dyger,-s mission was in
/ Cuba does not appear from his own state
/ ment or the record. He says he left his
+ fathers house in Greenwood. III, and
went to Tampa Fla (for what purpose
he does not say and after staying there
( one week. was seized with d desire to
see the Island Of Cuba He had no pass
port and in lieu thereof made an affidavit
before d notar< public of his American
citizenship in which he says his '0ccupa-
/ ton is that of a tourist The same day.
/ February a. 1896. ne sailed for Havana
on the steamer CIivette. registered in his
/ own name as the passenger list shows
In his statement written while in pris-
- the petitioner says he has been for
/ two years resident Of ShOshone county.
State OF Idaho. whence he left in N0vem-
/ Der. 1925. to 90 TO his fathers house in
( Nunda, H.. where he remained till Feb
/ ruary /. 1886. when ne started for Tampa
/ without any apparent motive so far as his
staYments or the papers disclose.
While at Tampa. the same wandering
! impulse seems to have impelled him To
move on to Cuba. without funds, WI bout
a passport, and with no ostensibIe object
or visible means Of support Arrived IN
Havana. he says: I found few who could
speak English and they were not congo
stances and the sight of the hills and
mountains filed me with a desire to be
! among them.
| Taking the claimants own statement
as being true Of his two years residence
in idaho and his subsequent atmIess wan
| deriDgs. his failure to show at any time
any legitimate business. or his connection
/ with any business enterprise. or having in
mind any definite business purpose, his
presence in Cuba at the time and place
and under lhe circumstances is hard to
be explained.
a tourist as he describes himself
would hardly travel without funds or
passport and under the then existing con
dftious in Cuba would hardly seek for
/ pleasure among the hills and mountains
in the country outlying Havana
If such were the case the espousaI of
was 10 him a stroke Of royal coed for
tune and VIII explain the present modest
! claim OF $4,000. To d tourist travelling
in a foreign country with a capital OF ),
in Spanish silver, and an outfit of five
pocket handkerchiefs, a pair Of sleeve
buttons. ana a rubber coat. 10000 would
be quite a respectable sum One having
such brilliant prospects IN sight might
well it would seem. be able to employ
able counsel to look after his interests il
this case.
1T must be said in favor Of the claim
ants case that 1t appears from the cor.
respondence in the State Department thaf
IT, with others. was presented to tn,
Spanish Government by the United State.
Minister and on October Is 1895. the Duk,
Of Tetuan Minister OF Foreign Affairs
notified Minister Woodford that .notwith
standing the extreme Iaconism win which
- the demand is made. as may be gathered
from the text. which is literally trans
crfbed the Minister for the Colonies. TAX
ing into account the criterion established
Tor like cases, viii entertain it
"Dyget knew a state of quasi war exist
, ( ed in Cuba. that foreigners were regard
/ ed with suspicion, and yet without ere
dentials, without business. without os
tensibIe object. he wandered alone toward
the seat of active hosti.ities and thus in
vited the very action the Spanish authori
ties took How can he hope to recover?
Referring TO his schedule of damages
it is difficult how, under the law. sin
. gle item can be sustained
There is not a single element of di
, rect loss in his item Of $4,000 for court