The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-03-31
WILL LEAVE PRISON
A STRANDED Man
Peculiar Case of Porto Rlcan
About to Be Released From
Saltwater Penitentiary.

When Rafael Ortiz, citizen of Porto
Rico previeps to 1880. is released from
the prison at Saltwater in June he will
lind himself a. yagrant. The government
has ruled that it is Impossible to accede
to the request of Judge J. w. Willis, at
torney for the prisoner, that he be trans
ported to his home
1t is held by the war department that
there Is no provision for the return of
discharged conyicts coming from the
country colonial possessions, request
to this effect in favor of Ortiz having
been made by Congressman Stevens. The
congressman suggests that 1T is thought
likely that If Ortiz can be taken to New
York the government may be able to in
duce the Clyde Steamship company, the.
concern that transports government sup
plleS TO Porto Rico, to give him Storage
passage the remainder of the way.
The subject, which is Of great impor-
lance, was opened up by Judge Willis in
fetter to the secretary of war, in which
the latter's attention was called TO the
fact that Ortiz's sentence win expire June
8, 1904, and asking on these grounds that
he be returned to Porto Rico. Judge Will
lis IN his letter said:
My client is absolutely destitute. He
belongs to the laboring class, having been
at the time of his arrest a cabdriver in
the town of Caguas, Porto Rico, working
Tor meager wages. Unless the federal
government furnishes money to trans
port him back to, his home in Porto Rico
he will DE literally stranded, in the state
OF Minnesota; and owing to his ignorance
OF the English language and his unfa-
mfl1aritys with American customs, COM
bfned with inconsistencies, is likely to be-
come public charge
The answer to this was that there was
no appropriation from which the trans
portatioH could be paid, and subsequently
CongTessHan Stevens efforts were also
unavaiHng
Was Twice Sentenced to Death.
The Ortiz ease has attracted attention
from the time of his arrest on the charge
Of numbering soldier named Burke.
Tried twice he was both times convicted
and sentenced to death, the first convic-
ton having been set aside. Upon an ap-
peal to President Mckinley a commuta-
ton to life imprisonment was secured by
Judge Willis and Ortiz was ordered con-
fined in the Minnesota prison. Shortly
after hts arrival there Judge Willis In
stituted ehabeas corpus proceedings, seek
ing the release of the prisoner upon the
ground that as private citizen he had
been Illegally tried by military tribunal
after Porto Rico had become an Ameri-
can possession. Judge Lochren in the
United States court held against the con-
tentions Of the attorney and Ortiz was
remanded to prison.
Judge Willis, however, continued his
efforts in behalf of the prisoner, and
through the assistance of President
Roosevelt, the department of war and the
department of justice induced Gov. Hunt
of Porto Rico, to commute the sentence
to five years, the governor specifying that
the prisoner should serve the full time.
Ortiz is young man of tWenty-four
years, and, although deficient in educa-
ton, possesses many of the traits of de-
pertinent common to Spaniards. During
his confinement he has been encoura ged
in his studies by Judge Willis and the
prison officials and has made commend
able progress. OF fine physical appear
ance, earnest and Industrious his repeat
ed assertions that he is innocent of the
crime for which he is in prison have caus-
ed many persons of influence to believe
in the truth of what he says. 1t is there
fore possible that his passage home will
be paid by charitable persons.