Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-06-10
A SPANISH CLAIM
Now Being Argued Before
Commission.
DELGADOS' INJURIES
FATHER AND SON SUFFERED
GREAT INDIGNITIEs.
The Son Served With Distinction in
United States Army-Were Citi-
zens of This Country.

The first case to be considered by the
Spanish claims commission upon its merits.
involving both a personal and property
claim for damages. is now being argued.
1t Is the Delgado case. and involves q
claim for damages aggregating $23l, 1874.
The Delgados were citizens of the United
States. Jose Gregorio~ Delgado and his son,
DIR. Jose Manuel Delgado, by name. The
latter served with distinction in Cuba under
Gen. Leonard Wood and President Roose-
welt, and was recommended for a medal Of
honor.
In January, $685. the two went to Cuba
and obtained lease upon several farms,
which they started to cultivate. expanding
thereon between $4,000 and $4,000.
Three years later Gen. Maceo of the Gu.
ban insurgents camped upon the plantation.
While dinner was being served firing was
heard in the direction of La Ceiba, and
Maceo, being out of ammunition, fed. The
Spaniards came, and, Notwithstanding the
protests that they were American citizens,
forcibly carried the Delgados to Gen. Mel
guizo, in command of the Spaniards, who,
after Offering them many indignties,
dered them shot. The elder Delgado was
permitted to return to the plantation, but
his son was shot and otherwise mutilated
by the Spaniards, who left him for dead,
Word was taken to the father of his sons
death, and he. under cover of darkness,
FASTENED to the place where the execution
took place. He found his son still breathe
ing, but barely conscious, and with the aid
OF friends carried him to his home.
Three days later, hearing the son still
lived, the Spaniards returned. but the father
had carried his boy to a place of hiding in
the sugar cane field, where they were
posed to the suffocating heat of the day and
the deadly dews of night.
Gen. Weyler Assists Them.
After repeated efforts a letter was for.
warded Gen. Weyler, who ordered the re.
moval Of father and son to Havana under
the protection of soldiers. Here surgical
and medical treatment restored somewhat
his sons health, and on June 6, the two
left Cuba for the United States, leaving
Jorge Diaz in charge of the estate. He
was powerless to protect the property, and,
being driven from the plantation, was pre-
sumably killed. since nothing has since beso
heard of him.
DR.. Delgado came at once to this city
and remained idle until May, 1898 when
he was appointed assistant surgeon I'm
the United States army. He Joined the LIST
United States Cavalry and was in the first
battle of the war at Las Guasimas. In that
battle the doctor distinguished himself for
bravery on the firing line and was recom-
mended by the commanders of the three
regiments-1st Cavalry, 10th Cavalry and
Rough Riders Later he was recommended
by Gen. James NJ. Bell and Col Knox for
the medal of honor. In 1899 he returned
to Havana, where he joined the Sth Cav-
airy, and short time thereafter was di-
rected by Gen. Leonard Wood, the military
governor, to make a model hospital at
Puerto Principe, of which hospital he aft
erward became director. He was also
placed in charge of charities and hospitals
in Puerto Principe.
Contentious of Claimants.
The claimants represented by for
midable array of lawyers Messrs. McGow-
an and Server are the attorneys and they
have associated with them Messrs. Nathan
lei Wilson, Clarence r. Wilson and Barry
Mohun.
In the presentation of the case, the petit
TONERS contend:
(a) That the record shows conclus1yely
that the personal injuries inflicted on the
petitioner, Jose Gregorio Delgado were 'un-
necessarily and wantonly inflicted and
were not "sanctioned~by the rules and
usages of international warfare, but were
in violation of such rules and usages, and
were of extraordinary barbarity, cruelty
and extent.
OBJ That the responsible Spanish military
authorities failed to give to the persons and
property of the petitioners such reasonable
protection as the particular circumstances
of the situation permitted and required, ana
as they were well able to give and thac
they failed to exercise due diligence to pre-
vent the damage that was actually done 10
the petitioners.
(c) That the injuries TO and the destruc-
ton of the petitioners property by the re-
sponsible military authorities of Spain were
unnecessary and wanton, and were not
sanctioned by, but were in violation or the
rules and usages of international warfare