The Saint Paul globe., 1904-06-06
PRISON DOORS OPEN
TO RAFAEL ORTIZ
Porto Rican Prisoner VIII Be
Released Wednesday and
Sent to His Home

The happiest convict at the Saltwater
the young Porto Rican military prisoner,
whose fiVe-year term of Imprisonment for
the alleged murder of an American soldier
in Porto Rico during the Spanish-Amer-
fcan Twill expire Wednesday. The
cause Of the young prisoners joy was
q message received yesterday afternoon
by Warden Wolfer from Attorney General
Knox, notifying the warden that the gov
ernment would pay the expenses of return
ing Ortiz to his home at Caugaus, Porto
Rico, where his aged father and mother
reside
Since his confinement in the Saltwater
prison five years ago many persons have
interested themselves in Ortiz's case,
scores of persons believing the young
mans story that he was innocent of the
crime charged against him.
AS the time arrived for the release from
prison of the young man, efforts were
made to have the government return him
to his native country, but the government
has contended that it could do nothing in
the case, there being no fund from which
such an appropriation could be made.
Yesterday while plans were being made to
raise a sufficient amount of money by
popular subscription, the attorney general
sent a telegram announcing that the eX-
penseS of the prisoners return would be
borne by the government.
The prospects of being given his liberty
in a country thousands of miles from his
home, among strangers and without
money, and with but a smattering knoWI-
edge of the English language, has been
the cause Of much worry for the prisoner.
and the message of Attorney General
Knox Was received with JOY by Ortiz.
Lind and Willis Deserve Credit
Much of the credit for securing this
concession from the government is due
.IIl0QR l1I1 fof 1.-Two
John Lind, both of whom have taken a
personal interest in the case since the
incarceration of the prisoner. Judge Willis
has been untiring in his efforts to have
the government pay the expenses of Ortiz s
return to Porto Rico, having been in COM
1nunication with the Washington authorf-
ties for several months. To all of his
letters the government replied that there
was no fund, and Judge Willis had expect
ed to start movement today whereby
a popular subscription would be started to
raise a sufficient fund.
The Ortiz case has attracted wide at
tention. since his arrest and conviction in
NolVed the question of whether the con-
stitution of the United States extended to
the newly acquired possessions, a question
which Judge Lochren decided in the af-
firmatiye in his ruling in the Ortiz case.
In February, 1899, Rafael Ortiz then
but nineteen years old, and the son of
poor parents. was a cab driver in eau
gaus, Porto Rico, a town of 40, 600 in
habitants. The town was occupied by the
American soldiers, and it is stated that
many atrocious acts were committed by
the privates. Assaults were made upon
the native women, and the Porto Ricans
II is said, We're treated like dogs. A pri-
Vate named Burke was said to be par
ticularly obnoxious to the natives He
was IN the habit of pushing and kicking
the native cabbies from the walks and
otherwise mistreating them. One of the
charges made against the soldier was
that he had attempted to assault a young
Porto Rican girl, who was Ortiz's sweet
heart.
One night Burke was murdered. and the
soldiers, in securing the city for the muir
derer, seized upon the Ortiz bow. He
was tried by court-martial, although not
a soldier, and upon being found guilty by
the military tribunal, was sentenced to
death. The verdict was set aside. and
the boy was again tried by the military
tribunal. with the same result Presi-
dent Mckinley was appealed to and q
communication to life Imprisonment was
that the prisoner should not be confined
in any prison near his home, but In one
far removed, and Minnesota was selected
Soon after the arrival of the prisoner
at Saltwater, Gov. Lind investigated the
case and interested Judge Willis in the
young man. Judge Willis secured the
records and instituted habeas corpus pro-
bunal had no authority to try and con-
vict a private citizen but Judge Lochrer
held against the contention Finally
with the assistance of the war depart-
ment and the president, the sentence was
commuted to five years, it being pro-
vided that the prisoner should serve the
full time. This time will have expired
on Wednesday, and at o'clock in the
afternoon Ortiz will be liberated. Judge