Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 7, 1896, and the Annual Report of the Secretary of State

[Inlosure 1 in No. 536.—Translation.]

The Duke of Tetuan to Mr. Taylor.

Ministry of State,
Palace , June 30, 1896 .

Excellency: Under date of the 27th of May last the secretary of your legation, then chargé d’affaires ad interim, presented a claim for supposed maltreatment imposed upon the North American citizen Jose Manuel Delgado by the Spanish troops in Cuba. As I had the honor to inform said Mr. Secretary on the 1st instant, and without losing time, I asked from my colleagues, the ministers of war and the colonies, the necessary information, recommending them to act with the greatest urgency, for it has been always my desire to answer rapidly all requests made to me by the legation under your excellency’s worthy charge.

The necessary orders having been sent to the Governor-General of the Island of Cuba, he has hastened to fulfill them in so good and quick a manner that though hardly a month has elapsed since the delivery of said note of the 27th of May, I am already able to reply to it with the amplitude and knowledge of facts which the subject requires.

I hope, Mr. Minister, that this action on the part of His Majestys Government will be duly appreciated by that of the United States as a proof of the sentiment of justice inspiring our acts and of its desire that cordial and friendly relations be maintained between the two countries.

As soon as General Weyler was informed by a letter from the consul-general of the United States at Habana of the complaints made by the naturalized American subject José Manuel Delgado, against the general of brigade, Don Cayetano Melguizo, and the officers of the column he commanded on the 4th of March last, he (General Weyler) ordered the institution of proceedings for the investigation of facts and responsibilities, if any, giving this charge to the commander judge instructor, Don Alonso Raposo. That gentleman, accompanied by a physician and the secretary named to record the proceedings, went to Bainoa, and thence to the ruined estate “Dolores” or “Morales,” where they failed to find Messrs. Delgado (father and son), who, according to the reports of the “colonos” (tenants), had disappeared, their whereabouts being unknown.

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Afterwards Messrs. Delgado proceeded to Habana, where their depositions were taken, which depositions, of course, agree with those they made before the consular representative of the United States at Habana.

Inclosed I have the honor to transmit to your excellency copies of the declarations made by General Melguizo; by his aides-de-camp, Lieutenant-Colonel of Cavalry Adriani and Captain Don Daniel Ruiz, of the same corps; by the then colonel and now general of brigade, Señor Ochoa, chief of the infantry force of the column; by Captain Señor Villanueva; by the physician, Señor Leal; by the employees in the estate “Dolores,” Antolin Portela and Jacinto Moral, and by the companion of Delgado, Venancio Pino. At the same time I also inclose you a copy of the résumé of the judge instructor who terminated the proceedings, Don José Araoz, and of the report of the auditor-general, Señor Don Juan Romero.

From the reading of all these documents your excellency will be convinced that events did not happen as Señor Don José Manuel Delgado describes them.

In the first place, all the eyewitnesses appear to deny the statement of Señor Delgado to the effect that on his disclosing his American citizenship to Señor General Melguizo the latter maltreated him and uttered insults against the worthy consul-general of the United States at Habana. Not only the scene described by Señor Delgado with such an abundance of details did not take place, but it appears that General Melguizo, busy with giving orders for the organization of the retreat of his forces, limited himself to order the prisoners to be taken to the rear, without talking to them and without taking notice of their class or number. While indignantly repelling, as an honest man and honorable soldier, the accusation of Señor Delgado against General Melguizo, the latter says that he did not utter any word or phrase which might be offensive for the consul of the United States, whose personality, he adds, is highly respected by him. Venancio Pino himself, whose deposition in most parts agrees with that of Delgado, asserts that he did not hear the phrases against the consul of the United States, and this assertion is of greater value because its author has the same interest as the accuser.

It does not appear, either, that Captain Villanueva ordered to fire on the prisoners and that his soldiers struck them with machetes afterwards. On this point there is an evident contradiction between the depositions of Delgado and Venancio Pino. The former says that first the troop fired twice upon them and then used the machete, while the latter says the contrary, viz, that “first they were struck with machetes and then fired upon,” so much so, he adds, “that the first to be struck with the machete was Delgado.” Also Dr. Leal, who assisted and examined Delgado’s wounds, declares that in the examination of the wound from firearm he did not find the smallest sign to induce him to think that it was received at short range, but at some distance, and your excellency will fully understand that from the caliber and power of the guns used by the Spanish cavalry it would have been easy to perceive whether the shots were caused by the force accompanying Delgado.

The witnesses also unanimously agree that when the last-mentioned operation was being made, the rear guard, where the prisoners were, suffered a sudden attack from the enemy, which compelled Captain Villanueva and the soldiers under his command to precipitately join the main force of the column, and that to save themselves from an imminent danger they were compelled to leave the prisoners, who were abandoned in the same state in which they then were. It is therefore [Page 602] not at all strange that in this last fight, in which during the confusion the prisoners were abandoned, as almost always happens in such incidents of war, the latter should be wounded or killed by being reached by the bullets or the machetes of the insurgents. The statement of Dr. Leal, above cited, perfectly agrees with this narration.

Though it is very painful for His Majesty’s Government to find that a North American citizen has been a victim to the horrors of the Cuban insurrection, that of the United States will understand that it is not in its power to avoid it, much more so when, as in the present case, the authors of the aggression are precisely the enemies of the mother country, against whom the Spanish army is so tenaciously and bravely fighting to reduce them to obedience.

The Government of his majesty hopes that that of the United States will agree with me as to the rapidity and impartiality of the proceedings for the investigation of the events which happened in the estate “Dolores” or “Morales,” as denounced by Señor Delgado. If such denunciation should have been proven, certainly His Majesty’s Government would have considered it its duty to give the most ingenuous and explicit apologies, and would not have been loath to punish the culprits and to indemnify the victims. Our national dignity would have so required it without instigations from anybody.

Fortunately, and in due justice to the good name of the Spanish army, the facts denounced are not only not proven, but are denied and their inexactitude shown, and therefore I hope that the Government of the United States will agree with me that those apologies, punishments, and indemnity of any kind can not be effected.

To the sworn statements of Sr. Delgado His Majesty’s Government opposes those also sworn and most respectable of a worthy general and several not less worthy chiefs and officers of the Spanish army who, like brave soldiers, consider their honor a religion, and would be incapable of saying anything but the truth, which is imposed upon them by their honor; and partly, the very statement of Delgado’s companion, Venancio Pino, who advances the same interests as the complainant. If anyone should accuse those statements of partiality, the same charge might be made against those of Sr. Delgado, who is a party directly interested in the matter. And even in this regard it is necessary to observe that the greatest part of the chiefs and officers, whose depositions are inclosed, would not incur any responsibility if the accusations should have been proved, which reflection still increases the value of their assertions.

In view of all the above, the Government of His Majesty congratulates itself that Sr. Delgado has completely recovered his health without retaining any absolute or even relative hindrance to resuming his ordinary labors, and it expects from the well-known justice of that of the United States, whose friendship it so much appreciates, that it will consider the facts as perfectly explained and this annoying subject as terminated.

I avail myself, etc.,

The Duke of Tetuan.

[Subinclosure 1.—Translation.]

Statement of Sr. D. Cayetano Melguizo, general of brigade.

Don Cayetano Melguizo y Gonzalez, general of brigade, chief of the Third Brigade of the Second Division of the Third Army Corps operating in this island.

I certify in reply to the questions of the accompanying list.

To the first: That my name is as indicated above; I have passed majority of age; I am married, and was born at Villafranca de Panadés, province of Barcelona.

[Page 603]

To the second: That it is true that on the 4th of March last, when I was commanding the Jaruco Brigade, I had a combat against the insurgent forces in the neighborhood of said estate “Dolores” or “Morales,” which place they occupied and used as basis and support to their left wing, and from where they were dislodged by the column forces. I duly reported this occurrence to his excellency the captain-general, as general in chief.

To the third: That although on account of the time elapsed I have forgotten the details, I believe I remember that while I was on foot giving orders to Colonel Ochoa for the concentration of the column and forces which were to continue the pursuit of the enemy, my aids-de-camp called my attention to several individuals who were passing by conducted as prisoners by a few cavalry volunteers belonging to the column. I ordered them to be taken to the rear, but I can not say or know the name of any of them, because I did not know them. Neither do I remember any incidents having taken place, nor of my giving any orders to Captain Villanueva.

To the fourth: That they were immediately taken to the rear, for so I had ordered. That I continued the organization of the forces of the column for the purpose of retiring for the night to Casiguas, on account of the late hour of the evening and of the difficulty of staying in that place, because the enemy during its night had set the cane fields around us on fire. While so occupied I heard several gun shots toward the flank and rear, and I ordered Colonel Ochoa, who was commanding the infantry, to send a company to the aid of the force I supposed was being attacked, which supposition appeared to be true from the report of Sr. Villanueva, the officer in command of the extreme rear guard.

To the fifth: That as I do not know said gentleman, I do not know whether he received any wounds from guns or any other weapon from the force forming the rear of the column, nor am I informed of his receiving any bodily harm from that force.

To the sixth: As this question—it involves an offense to my honor—I most energetically protest against so ignominious an assertion, and it wounds me to see that I may be supposed capable of committing so base an act as to attack a prisoner while I am at the head of my column. It is absolutely false that I struck Delgado a blow in the head with my hand. As I have said above, I do not know any of the prisoners.

To the seventh: I do not remember whether it was Captain Villanueva to whom I gave the order to take the prisoners to the rear, but I am quite sure that I gave such an order, as I have already said. But, to whomever it may have been given, I gave no other order upon the subject than to take them to the rear, so that they might not hinder the movements of the troops by increasing their incumbrances.

To the eighth: That no document whatever was presented to me by any prisoner, nor could I have given them my attention precisely when I was organizing a retreat; because I was afraid of seeing the column surrounded by the cane fields set on fire by the enemy. I did not utter any word or phrase which might give offense to the consul of the United States, whose person is very much respected by me. No such a thought occurred to me at that moment, nor was there any motive for it.

To the ninth: That I do not know if said individuals were wounded or killed, because when the rear was attacked by superior forces, the prisoners were abandoned, according to the report made to me by Sr. Villanueva on our arrival at Casiguas.

Habana, April 14, 1896.

Cayetano Melguizo.

A true copy.

[Subinclosure 2.—Translation.]

Deposition of Lieut. Col. Don Luis Adriani Rosique.

In the city of Habana, on the 22d day of the month of April of the year 1896, appeared before the judge instructor and the secretary, the witness named in the margin, who was informed of the purpose of his appearance, viz, to give testimony in these proceedings. He was also made aware of his duty to tell the truth to the fullest extent of his knowledge and of the penalties incurred by perjurers. He then made the proper oath for him according to his rank, by which he promised under his word of honor to tell the truth so far as he knew it on the questions he should be asked. To the general questions of the law and article 453 of the code of military justice, he replied: My name is Luis Adriani Rosique; I have passed majority of age, am married, am lieutenant-colonel of the cavalry corps, and am now discharging the functions of aid-de-camp under the orders of his excellency Don Cayetano Melguizo, general of brigade; and

Having been asked if, on the 4th of March last, he was present with the column under the command of Gen. Cayetano Melguizo at any encounter with insurgent parties, and if so, to state at what place and all that happened, he said: That certainly on that day I was present with the column under the command of said General [Page 604] Melguizo, under whose command I am, as I have said, at an encounter with insurgent forces in the estate “Morales;” and

Asked if he knows whether during the battle on that day and at that place any prisoners were caught, if among them was Don José Manuel Delgado, and to say, if he knows, what orders General Melguizo gave regarding these prisoners, he said: I was returning from taking an order to the extreme right of the column to retreat and continue the march, when I saw several cavalry volunteers coming by a road from the estate conducting a group of persons whom I immediately supposed were prisoners. A few moments later I joined the general, who was on foot in the cross-way of several roads, and I reported having communicated his order. Shortly afterwards he (sic) heard the general say, “Those prisoners to the rear,” which order was complied with. Deponent does not know the names of any of the prisoners, and did not even see if they were white or black people; and

Asked if he was present when the prisoners were talking to General Melguizo, and if so, if he saw the general giving blows to one of the prisoners, he said that he could hardly see such a thing because the prisoners did not approach the general, but passed at a long distance from him; and

Asked if he heard General Melguizo proffer insulting words against the consul of the United States, and what were those words, he said that he heard nothing about the consul nor about any other subject but of the march of the column and development of the action, and, regarding the prisoners, the words “to the rear;” and

Asked if he knows whether said prisoners were killed or wounded by the column, he said that he does not know who killed or wounded them, or what became of them; and

Asked if he knows who wounded Don José Delgado and Don Venancio Pino, he said that he is not aquainted with Don José Delgado or Don Venancio Pino, and consequently he does not know who wounded them; and

Asked if he knew of any incidents having taken place in the rear of the column, he said: When the column was marching toward the town of Casiguas several volleys were heard on the rear, for which reason the general ordered that some forces should go to the aid. A few moments later the volunteers were seen coming hastily back, and shortly afterwards the force which had gone to their aid, reporting that they had been attacked by the enemy, and, after having repelled the attack, had to retire immediately from the place of action, because they were surrounded by the fire set to the cane fields by the insurgents, so that it was impossible to remain. They also said that the prisoners they carried had disappeared.

At this point the judge instructor considered this deposition ended, and informed the witness of his right to read it personally, which he did, affirmed and ratified its contents, and they signed it, together with the judge and me, the secretary, who certify to it.

José Araoz.
Luis Adriani.
Anselmo Carpintier.

A true copy.

[Subinclosure 3.—Translation.]

Deposition of Don Daniel Ruiz Lopez, captain of cavalry.

In the city of Habana, on the 15th of April, 1896, appeared before the judge instructor and me, the secretary, having been previously summoned, the witness named in the margin, who was informed by the judge of the purpose of his appearance, of his duty to tell the truth, and of the penalties incurred by perjurers. He then made oath and promised under word of honor to tell the truth to the best of his knowledge as to all questions that should be asked. To the general questions of the law and article 453 of the Code of Military Justice he answered: My name is Daniel Ruiz Lopez; I am a captain of cavalry; married, and at present aide-de-camp to His Excellency Don Cayetano Melguizo, general of brigade.

Having been asked if on the 4th of March last and under the orders of his general he was present at any encounter with insurgent parties, and, if so, where it took place, he said: On the said day and under the orders of the general I was present with the column at an encounter in the estate “Dolores” or “Morales.”

Asked if he knows whether on that day the column made several prisoners, amongst whom was Don José Delgado, and, if so, what orders did General Melguizo give with regard to said prisoner, Delgado, he answered: While I was near the general on the day already mentioned, the latter being on foot giving some orders relative to the operations to Colonel Ochoa, I noticed that several prisoners were passing by, conducted by cavalry volunteers, and I called the general’s attention, who said: “Let them be taken to the rear;” after which words the same troops who were conducting the prisoners took them without hesitation where the general had ordered. I did [Page 605] not know any of them by name and I did not hear any other order or statement about them.

Asked if he knows whether the prisoners were wounded or killed, and by whom, he said he did not know.

Asked if he was informed of any incident having taken place with said prisoner, he said: I only know that when the rear was attacked while marching toward Casigua by a numerous insurgent party said rear had to abandon the prisoners on account of the great force which attacked, and in spite of the reinforcement sent by the column on hearing the reports. All, including us, were absolutely compelled to precipitately retreat from the place because the cane fields, set on fire by the insurgents, rendered our staying there impossible; so much so that it was also impossible to examine the field of action after the events lastly described. I do not know what became of those individuals.

Asked if, upon one of the prisoners presenting documents of American citizenship to the general, he saw the latter maltreat said prisoner and utter insulting words against the consul-general of the United States, he said that he did not see or hear such a thing, because the prisoners did not approach the general, no other words having been spoken with regard to them than those of “to the rear,” pronounced by the general.

At this point the judge considered this deposition ended, informing the deponent of his right to read it, which he did, affirmed and ratified its contents, and signed it, together with the judge and me, the secretary, who certify to it.

Daniel Ruiz.
José Araoz.
Anselmo Carpintier.

A true copy.

[Subinclosure 4.—Translation.]

Deposition of Col. Don Eduardo Lopez de Ochoa y Aldama.

In the city of Habana, on the 30th of April, 1896, duly summoned, appeared in the court of justice before the judge and me, the secretary, the witness named in the margin, who was informed by his lordship of the purpose of his appearance and of his duty to tell the truth. He then made oath and promised under word of honor to tell the truth in all he knew and should be asked. To the general questions of law and article 453 of the Code of Military Justice, he answered: My name is Eduardo Lopez de Ochoa y Aldama; I have passed majority of age, am married, and colonel of infantry, and am now provisionally commanding the third brigade of the second division of the third army corps; and I

Asked if on the 4th of March last he held a combat with his force, at what place, and if any prisoners were made in his presence, as well as what was done with them, he said: That on the said day and under the orders of Don Cayetano Melguizo, general of brigade, he, commanding the first battalion of the Guadalajara regiment, assisted at the combat which took place in the estate “Morales” and Tienda de la Caba. In the first-mentioned place numerous insurgent forces were camped under the orders, it was said, of the chief, Antonio Maceo; that when the enemy was retreating in several directions, and while General Melguizo was ordering the deponent to concentrate the battalion, he perceived a section of cavalry volunteers of Jaruco conducting several prisoners; that he remembers that the general ordered them to be taken to the rear; and

Asked if he knew that among them was Don José Manuel Delgado, if General Melguizo went toward said gentleman to do or tell something to him, and if so what it was, and also to say all that happened to the prisoners from that time forward, he said: That he did not know and had never seen any of the prisoners, and consequently does not know if the person named was among them; that at the time the general was informed that several prisoners had been caught and were being conducted there the deponent was receiving instructions from the former relative to the concentration and retreat of the column, for which reason the general, almost without seeing them, ordered them to be taken to the rear. Deponent does not think it possible for the general to have spoken to any of them, the more so because he was on foot and at rather a long distance from the section of volunteers conducting the prisoners, and it would not have been easy for the latter to hear him, even if he had addressed them. After that he saw the prisoners no more and does not know what became of them. Shortly afterwards the fire was reopened in the rear, and deponent, busy with directing a company to go to its reinforcement, he took no more notice of the incident, having only heard to say on arriving at Casiguas that the volunteers who conducted the prisoners, finding themselves suddenly attacked by a section of the enemy, had abandoned them in order to attend to their own defense.

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At this point the judge considered this deposition ended, and informed the witness of his right to read it. He did so, affirmed and ratified its contents, and signed it, together with the judge and secretary, who certify to it.

Eduardo L. Ochoa.
José Araoz.
Anselmo Carpintier.

A true copy.

[Subinclosure 5.—Translation.]

Deposition of the commander of volunteers, Don Augusto Villanueva.

At Habana, on the 15th day of April, 1896, appeared, previously summoned, before the judge and me, the secretary, the witness mentioned in the margin, who was informed by the judge of the object of his presence, obligation to tell the truth, and penalties to be incurred by perjurers; and he thereupon was sworn in accordance with his rank, promising thereby to tell the truth to the best of his knowledge regarding the incidents upon which he should be questioned; and the general questions having been put to him in accordance with the law and article 453 of the Code of Military Justice, said: My name is Augusto Villanueva Herrera; I am 39 years old; am a farmer; married, and at the present time commander of the squadron of volunteers of Jaruco Cavalry; and

Asked whether on the 4th of March last he formed part of the column commanded by General Melguizo, said: It is true that on the 4th of March last he formed part of the column commanded by General Melguizo; and

Asked to state whether, on the same day, and commanding some force of the column of which he formed part, he was in the vicinity of the sugar plantation (ingenio) “Dolores” or “Morales,” and whether in said place and day he had an encounter with the rebel bands, he said: The day about which I am interrogated I was commanding a party of my squadron; I went in the vanguard of the column at the orders of General Melguizo, having an encounter with rebel bands in the sugar plantation “Morales” or “Dolores,” in the municipal district of Casiguas; and

Asked whether on said day ho presented to General Melguizo Don José Manuel Delgado, a lessee of the aforesaid property, along with other individuals, and in that case whether some incident occurred with said individuals, the motive of that incident, and whether he received any order in regard to said Delgado and other individuals, said: In fact, on said day I took several prisoners to the place where General Melguizo was, without remembering the number of them, nor being able to state their name, because I did not know them; which individuals were made prisoners by me in the plantation dwelling and its vicinity, when the insurgents fled, as the said house was occupied and surrounded by the enemy, which is shown by the fact that on coming near with force I received five or six volleys from said place. I heard that General Melguizo, before I approached him, and on being informed of my passing with the prisoners, said, “Let them be taken to the rear guard.” No other words or explanations were given about the prisoners.

Asked whether he took to the roar guard of the force said gentleman and other prisoners, and whether any incident occurred, said: Obeying the general’s words, which I heard, I took the prisoners to the rear guard. While this was being done the column advanced toward Casiguas, and on arriving at the rear guard with the prisoners I advanced toward the column. At a few steps, between a stone wall and a cane field, a numerous band of rebels unexpectedly fell upon me and, after having fired two volleys, they ordered an attack on us, in which attack they wounded two of my volunteers—one wounded and the other bruised. I then gave orders to retreat and to fire, when I saw a force coming to my assistance. The rebels hurriedly fled on seeing the approach of the force, which force was obliged to leave the place we were in as quickly as possible, as we ourselves did, in view of the late hour and bad position occupied by us and on account of being surrounded by the fire set to the cane fields by the insurgents, undoubtedly to avoid being pursued by us; and

Asked whether he knows if the prisoners were wounded by bullets and side arms and by what force, responded: That he is ignorant of these particulars about the prisoners, as on being attacked he could only think, in that critical moment, of his own defense and that of the force he commanded, not knowing the fate of the prisoners; then

Asked whether on taking the prisoners and passing by the place where the general was, he (deponent) saw the latter bodily illtreat any of them, and to state also the position and situation of said general and prisoners in those moments, he said: That he neither saw nor heard the general address any words to the prisoners, and much less saw him illtreat them, for, as he already said, the general only ordered them to be taken to the rear guard, and these were the only words which I heard the general utter, and as the order was given without entering into explanations, I at once [Page 607] continued the march, with them to the rear guard; that when I passed with the prisoners the general was standing on the Casiguas road, on foot, surrounded by his aids-de-camp and by Colonel Ochoa, and the prisoners were marching on foot, and he (deponent) did not hear them say a word.

Asked whether he knows that said Delgado exhibited to General Melguizo any document of American citizenship, and whether said general uttered any derogatory or insulting words respecting the United States consul-general, said: That he neither heard anything said relative to him nor saw any documents of American citizenship; nor heard the general say other words than those previously mentioned; and

Asked to state the number and names of the officers and soldiers who composed the rear guard, said: I do not recollect either the number or the names, owing to the time elapsed since that occurrence; I only recollect the sergeant, Ricardo Gonzalez, and soldiers Gregorio Diaz, Elias Maldones, Evaristo Gonzalez, Juan Perez, and Trumpeter Montelios; and

Asked to state the names of the two soldiers who he said were bruised and wounded, said: That the wounded soldiers’ names are Gregorio Diaz, bellringer of Casiguas, and the Trumpeter Montelios, whose Christian name he does not recollect.

At this stage of the proceedings the judge closed the interrogations, informing the witness of his right to read, himself, which he did, affirming and ratifying its contents and signing it with the judge instructor and me, the secretary, who certify to it.

Augusto Villanueva.
José Araoz.
Anselmo Carpintier.

[Subinclosure 6.—Translation.]

Deposition of Don José Romero Leal.

At Habana, on the 22d day of April, 1896, the judge ordered to be taken the deposition of the witness named in the margin, who appeared before his lordship and me, the secretary. He was informed of the object of his appearance, and of his duty to tell the truth, and the penalties incurred by perjurers. He then made oath according to his rank, thereby promising to tell the truth as best he knew it to all questions that should be put to him. To the general questions of the law and article 453 of the Code of Military Justice, he said: My name is José Romero Leal; I have passed majority of age; am married, and a doctor of medicine and surgery, and at present medical inspector of the Caballeros Hospitalarios.

Having been asked if he assisted, as physician, Don José Manuel Delgado; and if so, to state the nature of his wounds, his condition, and give as much information as he could on the subject, he said that certainly he made a surgical cure in the person of the individual named, who, upon examination, presented three wounds apparently incised; one in the posterior part of the neck, another in the occipital region, and another in one of the cheeks, and two wounds from firearms, caused by the entrance and exit of the missile, situated in both iliac regions, showing all the signs of the breaking of the right femur collar; patient’s condition had been grave; he must also state that the first three wounds were in due process of healing by suppuration, and that all these wounds had been in a state of great abandonment, due to the want of means and physical assistance at the place where the patient had been staying; that regarding all other information he must say that he sent his adjutant, Don Pablo Esplugas, as envoy by special commission, to bring the patient; that the former went to Bainoa (express) from where he took the latter with all care to the Regla station, and from there to his house, Prado, No. 5, by the whole section; and

Asked if he remembers the day on which the patient was removed, he said that he does not remember the exact day, but he is sure that it took place in the first days of March; and

Asked if by the position and condition of the wounds he can say what was his position when wounded, and what weapon made the wounds, he said: That the three first mentioned seem to have been made by a machete, or some other instrument with not a very sharp edge, and whose action was violent; and that the second mentioned are undoubtedly made by a missile from a firearm. With regard to the position when the wounds were made, deponent’s opinion is that the latter must have been received while on foot and without protection; and as to the former he can not definitely determine the position on account of the variety of directions of said wounds, but, though he might have been standing, he might also have been lying on his abdomen when he received said wounds, and that he can not say precisely, because the wounds are already covered by healing tissues and abundant suppuration; and

Asked if he can say if the firearm wound was made at short or long range, he said: That on the examination of the wound he did not find the faintest sign leading to believe that it had been produced at short range, but at a long one; and

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Asked if lie believes the patient will recover from the wounds received and will be then fit for work, he said that it is his opinion, taking into account his actual condition, that he will completely recover; and deponent also believes that if any imperfection should remain to the patient it would be a passing one, would disappear with time, and would therefore leave him fit for his usual occupations; and

Asked if he took any part in the amputation of an arm of Don Venancio Pino, made in the estate administrator, he said that he took no part in that operation, which he knew had been made by Dr. Don Alberto Diaz; and

Asked if during the removal of the patient and dressing of his wounds he heard him say anything relative to who had wounded him, and details of the event, where it took place, he said that the patient was then in a state of complete drowsiness, and that the deponent did not put any question to him on account of his conditiion, and therefore he knows nothing about this.

At this point the deposition was ended, and the deponent informed of his right to read it; did so; affirmed and ratified its contents, and signed it with the judge and me, the secretary, who certify to it.

José Moreno Leal.
José Araoz.
Anselmo Carpintier.

A true copy.

[Subinclosure 7.—Translation.]

Deposition of Antolin Portela.

In Habana, on the 18th of April, 1896, appeared before the judge and me, the secretary, Antolin Portela, who was informed of the object of his presence, his obligation to tell the truth, and the penalties incurred by perjurers; and thereupon he took oath in accordance with his rank. He promised to tell the truth to the best of his knowledge when questioned.

Interrogated according to the law and article 453 of the Code of Military Justice he replied: My name is Antolin Portela; I am a native of Canton; 41 years old; a laborer, and I reside in the town of Bainoa, as per certificate of identity, which he produced and was returned to him.

Asked where he was on the 4th of March last, he replied that on that day he was in Jaruco, until about 6.30 p.m. or 7 p.m., when he came to the plantation Dolores,” where he was engaged as a cook; that in the morning he obtained permission from Mr. Gregorio Delgado to go to Jaruco and buy shoes and clothes for himself, and that when he returned at night he retired to his room to sleep.

Asked whether he knew that the insurgents visited on the 4th the estate and had a fight with the troops, and all he knows on the subject, replied: asked my master permission to go to Jaruco, where I remained, and on my return I saw nothing; therefore I know nothing of what I am asked.

Asked whether he knows or has heard say that Mr. José Manuel Delgado is wounded, and in the affirmative case, who wounded him, he replied: That on hearsay he knows he is wounded, but knows not by whom, nor heard anything more on the subject.

Asked whether he knew Don Venancio Pino, he replied: I do not know him.

The judge then declared that the deposition was terminated, and informed the witness of his right to read the same, but not knowing how to read, I, the secretary, read it for him, and the witness confirmed and ratified the contents of said deposition. For the reason above given he did not write his signature, and instead that of the judge and of myself, the secretary, who certify, were written.

José Araoz.
Anselmo Carpintier.

A true copy.

[Subinclosure 8.—Translation.]

Deposition of Don Jacinto del Moral.

The above-mentioned witness appeared before the judge and me, the secretary, in Habana, on the 18th day of April of the year 1896, and he was informed by his lordship of the object of his presence, his obligation to tell the truth, and of the penalties imposed upon perjurers. He then took oath in conformity with his rank, thereby promising to tell the truth to the best of his knowledge in so far as he might be questioned; and in reply to the general questions of law and of article 453 of the Code of Military Justice, he said: My name is Jacinto del Moral, and I am also called [Page 609] Jacinto Artola, from my last master; am a bachelor, 79 years old; resident of Rancho Viejo, according to certificate of identity produced and returned to him, adding that his occupation is that of messenger and as an overseer of the colt-raising interests in the plantation “Dolores;” and

Asked where he was on the 4th of March last, and if an engagement occurred on that day between the troops and the insurgents in the plantation “Dolores,” he said: That he does not recollect whether it was on the 4th, but he only recollects that it was at the beginning of March, at about 1 p.m. Being at a short distance from the plantation buildings, fulfilling my duties as such overseer, I heard firing, but without seeing those who fired, I felt afraid and hid myself in a cane field until the morning of the following day, when I left for the plantation dwelling, where I was told by Don Gregorio that his son José Manuel had been wounded; and

Asked whether Don Gregorio told him who had wounded his son José Manuel, he said he did not; and

Asked if he had not heard whether the Spanish troops were the ones who had wounded Don José Manuel Delgado, he said: I have heard nothing of that kind and I don’t know who wounded him.

Asked if he knows Don Venancio Pino, he said: I do, but for several days I do not know where he is; and

Asked when did he see Venancio Pino for the last time, he said: Several days previous to that on which the firing took place.

At this point the judge declared the deposition terminated, the witness having confirmed and ratified the same on my reading it to him, as he does not know how to read, and as he does not write he did not subscribe his name.

It was signed by the judge and me, the secretary, who certify to it.

José Araoz,
Anselmo Carpintier.

A true copy.

[Subinclosure 9.—Translation.]

Deposition of Venancio Pino.

At Habana, on the 20th of April, 1896, appeared before the judge, and me, the secretary, the person named in the margin, who was informed of the object of his appearance, of his duty to tell the truth, and of the penalties incurred by perjurers; and thereupon he was sworn in accordance with his rank, promising to tell the truth to the best of his knowledge on all questions that should be asked him; and the general questions having been put to him according to law and article 453 of the Code of Military Justice, he said: My name is Venancio Pino Rodriguez; I am 68 years old, married, and a resident of Casiguas, now residing in the estate named the “Administrador,” located on the Barrio de Bainoa.

Having been asked where he was on the 4th of March ultimo, he said: That on said day he was in the estate “Dolores,” where he is employed; and

Asked whether on said day some incident occurred in the above-mentioned estate, and in such case state what happened and everything known to him about it, said: That at about 1 p.m. he had left the plow with which he was working, and he then saw many people coming on horseback and armed; he heard at the same time some firing at some distance from the place where he was, and for fear that something might happen to him he took refuge in the dwelling house of the estate, on reaching which he found Mr. Gregorio Delgado, José Manuel Delgado, his (deponent’s) late son, Gregorio Pino, the deponent’s wife and daughter, his son’s wife, two boys called Tairom, two named Guerra, and another named Juan Rodriguez, the five last named being now deceased; that for fear of the firing they closed the doors, which were opened when the firing abated. Shortly afterwards Captain Villanueva, of the volunteers, appeared, accompanied by several volunteers, and telling us to come out took us in the direction of the road, where there were many chiefs whom I do not know, and who said that the general was there; and that José Delgado, addressing one of them, said, “Look, my General,” and he was showing him some papers, when the latter told him, “I do not now pay attention to any papers,” and gave him three blows with his hand. Then they sent us to the rear. Villanueva took us near a stone fence, and on arriving there I heard Villanueva say “machete” them, we having been previously tied. Then he went away, leaving there about ten or twelve volunteers, who then commenced to give us blows with the machete, and as we were stooping down they fired upon us. I received three shots in my leg and one in my right arm, which was afterwards amputated by the hospital physicians in the house of my daughter, who lives in the Administrador, where I remained until to-day.

Asked if he knew who wounded him, said I do not know what volunteer did it.

Asked what physician dressed his wounds for the first time, he said that many [Page 610] days after he was wounded his arm was amputated, he thinks, by three hospital physicians, whom he does not know.

Asked where he went after he was wounded, he said that when he recovered consciousness, he dragged himself along the ground as well as he could as far as the dwelling house, and on being asked by Delgado about his son he told him “there they were left.”

Asked if when he was with the volunteers he heard any firing, or saw many people coming towards them, he said that he heard and saw nothing.

Asked if he heard the general—when speaking, as he says, with Delgado—utter insulting words referring to the United States consul, said that he heard nothing.

Asked where he had been since the day he was wounded until to-day, said: On the day after I was wounded they took me to the house of my daughter, Petrona, married with Arcadio Acosta, and there I have remained.

Asked whether Captain Villanueva remained after giving orders to strike them with the machetes, and whether he was first fired at and struck afterwards, or vice versa, said that when the captain reached the stone fence he ordered that they should tie us, and he forthwith went away. We were struck with machetes first and fired at afterwards, the first to receive the blows being Delgado. The firing occurred afterwards.

Asked whether he knows if the troops were looking for him after this incident, said: No, since they would have found him, as now they have, to come and give his deposition.

Asked whether he made this occurrence known, said that he communicated it to the judge of Casiguas.

Asked through whom he knew the death of his son and others who died, said: Through my other sons who saw them.

At this stage of the proceedings the inquiry was declared finished, the witness affirming and ratifying his deposition, not reading or signing it, because he does not know how to write, this being done by the judge and me, the secretary, who certify to it.

José Araoz.
Anselmo Carpintier.

A true copy.

[Subinclosure 10.—Translation.]

Résumé of the judge of inquiry.

Excellency: Don José Araoz Herrero, colonel of infantry, judge of inquiry of the Captaincy-General and of the investigations herein contained, in compliance with the prescriptions of article 395 of the Code of Military Justice, has the honor of manifesting to your excellency what follows:

That having, by order of that superior office, instituted these proceedings for the purpose of clearing up the facts as denounced by the consul-general of the United States of America, at the instance of Don José Manuel Delgado, doctor of medicine and a citizen of the United States, we gather from the same the following result:

Against his excellency the Brigadier-General Don Cayetano Melguizo, on account of denunciation on leaf first and ratified in the forty-first, and in depositions contained on leaves 27, 34, and 48, a series of such extraordinary charges is formulated, that it seemed as if, on first inquiry, the judge’s mind would be convinced of the responsibility incurred by said authority and his subaltern Don Augusto Villanueva, captain of the volunteer cavalry.

After the insurgent forces, who were encamped in the house and on the lands of the demolished estate “Dolores,” also called “Morales,” in Casiguas district, had been repulsed on the 4th of March last by the forces under the command of the already mentioned general, and dislodged from their positions, there were made prisoners by said captain the denouncing doctor and other seven or eight individuals who were found in the house referred to.

These facts appear confirmed in the summary not only by the depositions of General Melguizo, Col. Don Eduardo de Ochoa, Lieut. Col. Don Luis Adriani, and other eyewitnesses, but also by the report of the engagement given by the commander of the column (leaf 84) long before the depositions just named were made; and furthermore by the denunciator himself and by Don Venancio Pino, who agree as to the certainty of the encounter and theirs and of their companions’ arrest.

Delgado confesses that Maceo and his men had been in his dwelling house, though simply for the purpose of taking breakfast, which they brought with them already prepared, and that when he acquainted him (Maceo) of his (Delgado’s) American citizenship, promise was given to respect his life and property, provided they did not report against them to the Spanish authorities, as in that case he would set fire to the fields; and that when the first shot occurred the enemy’s force was in his own [Page 611] dwelling house; then the plantation cane fields are mentioned as having been set on fire, leaving in suspense the point as to the persons by whom it was done, it being evident that the insurgents were the authors of it as declared by all the witnesses connected with these proceedings.

Delgado states—and the United States consul takes it as a matter of fact in his protest—that when the prisoners were taken before General Melguizo, on learning of the American citizenship of Delgado, the former, while on horseback struck him (Delgado), insulted the said consul, and ordered the prisoners to the rear, when shortly after, and close to a stone fence which was covered with brambles, they were assaulted with machetes and shot by Captain Villanueva’s order, special fury being shown to Delgado to whom machete wounds were inflicted while he was lying on the ground, the doctor and Don Venancio Pino escaping from that slaughter.

The latter, although partly agreeing with Delgado’s deposition, commits an evident contradiction, for he says he has not heard the offensive phrases expressed against the consul, which are attributed to General Melguizo, “and that they were attacked with machetes first and fired at afterwards, so much so that Delgado was the first man to receive the machete charges; the shooting came last;” while the doctor asserts “that he fell to the ground at the first volley, and then wounds were inflicted on him with a machete.”

Contrary to the other evidence, all the other eyewitnesses of the facts at issue made the assertion that General Melguizo was on foot when he was informed of the prisoners made, which prisoners were taken to the rear guard by his orders, and without exchanging any words at all with them; and that said order was given so as not to embarrass the movements of the force, adding a hindrance thereby, for he was then organizing his men so as to set out forthwith toward Casiguas, because the late hour of the day and of the conflagration of the cane fields, produced by the insurgents, which obliged the column to force the march toward the indicated place.

Said witnesses also unanimously agree—and it is corroborated in the report of the battle (page 84)—that in the moment the last-mentioned operation was being carried out, the rear guard, where the prisoners were, was surprised by a sudden attack from the enemy, which rear guard was reenforced, all the men, however, being incorporated in the column just a few moments after; and the witnesses that belonged to the rear guard state that they had to abandon the prisoners and knew not what became of them afterwards.

The medical officer, Don José Romero Leal, who assisted Dr. Delgado, deposes (leaf 74) that in the examination of Delgado’s wounds, caused by firearms, “he did not find the least sign to authorize the belief that it was produced on close quarters, but at a distance;” and Delgado states (leaf 49) “that he had his back to a stone fence and the shooters were almost in front of him and that he received a bullet scratch in the head.”

These are the prominent and most culminating facts of these investigations, those that should serve as a basis for the legal appreciation required by the main object of the summary; and when examined in the light of reason and of an inflexible logic they can not but carry conviction, even so far as to admit, as a rigid consequence, that the criminal responsibility which is alluded to have been incurred by General Melguizo is null and void, his manner of procedure, as leader of his forces on the 4th of March of the present year, constituting no punishable act.

The charge growing out of Delgado’s affidavit has no other support than that of his companion, Don Venancio Pino, though by the latter contradicted, as before shown; and if to this we add the opinion of the official doctor, Señor Leal, who assisted him and who appreciated his wounds, in connection with the distance from which the shots had been fired, the result is a contraposition with the injured man’s deposition; the light scratch inflicted on his head on the first shots, which he says proceeded from firearms of the caliber and force corresponding to the short carbines used by the cavalry of our army, and at such short range, according to Delgado, clearly shows the improbability of such an assertion and rather the probability that they (the prisoners) should have been struck by the enemy’s shots, which enemies had then surprised the rear guard, as it has been proved; and if any wounds from side arms were inflicted on them it is not to be wondered at that they should have come from the same authors, who, in the heat of the fight, could recognize with precision the persons attacked, and the more so if these are found amongst the enemy. In conformity with the principles of sound criticism and unanimous and confirmatory depositions made in different circumstances as to place and time, such should be entitled to entire credit when the contrary depositions are not of this character.

Now, then, excellency, were we to inquire into the motives which have influenced Delgado and Pino in sustaining their rash depositions, perhaps we might find it in the demostrated fact that resistance and firing upon the army was made from Delgado’s residence by the rebel forces who were encamping in it and on its surroundings; and also in the not less important fact that the only insurgent forces, as confessed by Delgado to have passed through the demolished “Dolores” estate, were [Page 612] those led by the chief Maceo, and for above reasons they feared to be judged by the Government as insurgents or as protectors of the present rebellion.

From all that precedes, the subscriber understands that the facts giving rise to these investigations only involve an entirely casual incident, springing from the circumstances in which the prisoners were found when the rear guard of Melguizo’s column was surprised by the rebel forces, without there being any reason to say that there is the least blame on the part of its chief or any of his subordinates, either directly or indirectly. And there not being either any civil responsibility to be demanded, there is no occasion for making any declaration on this point.

Your excellency, however, with your better judgment, will resolve what you may judge proper.

Habana, May 26, 1896.

José Araoz.

A true copy.

[Subinclosure 11.—Translation.]

Decision of the auditor-general of the Captaincy-General of the Island of Cuba.

Excellency: The present legal investigations have as origin a communication addressed to your excellency by the consul of the United States, therein reproducing a denunciation and a petition for protection which had just been sent to this officer in writing by José Delgado, a citizen of the United States, stating that a Spanish force had inflicted upon him at the Dolores estate the most horrible outrage, thereby his son, Don José Manuel Delgado, also a citizen of the United States, being the victim of three machete wounds and one from a bullet, his condition being one of extreme gravity as the result of neglect.

Your excellency ordered inquiries to be made with all haste and to send the proper necessary assistance to the wounded, and in accordance therewith the judge of inquiry and an army surgeon appointed for the purpose set out forthwith to the place where the event had taken place. These gentlemen did not find Messrs. Delgado (according to the statement made by the manager of the plantation in a written document attached to page 12), as they had both left without leaving their address.

During the course of the investigation there were added to pages 34 and following certain documents which were to be forwarded by order of your excellency to the judge of inquiry, which documents, sent by the United States consul, contained information as to the address of Dr. José Manuel Delgado and of the status of his injuries. The first of these documents is a deposition made before the consul by the above-mentioned doctor on March 18 last, in which the deponent states that he is a native of this island and a citizen of the United States, in which country he has resided from 1856 until 1877, and from that date up to the present in Cuba; that his father and himself were the lessees of the sugar plantation “Dolores,” where he was engaged in the cultivation of sugar cane and the rearing of cattle. As to the facts connected with these proceedings, he said that on the 4th of the above-mentioned month the insurgent General Antonio Maceo, as he called him, with 4,000 or 5,000 men, all mounted, visited the plantation dwelling, and that Maceo and a few others more remained there, taking breakfast, until 1 o’clock in the afternoon, when scattering firing was heard. All of Maceo’s forces were already on their horses, the firing grew thicker during some fifteen minutes, the tenants of the plantation and other laborers came to the house for shelter, shutting the doors and windows. The insurgents withdrew, and shortly afterwards, calm being restored, they saw many cane fields burning in the direction in which they supposed the assailant troops to be. Dr. Delgado, fearing for his work oxen, went out, accompanied by the tenants, for the purpose of saving them from danger, and on returning to the house, some twenty minutes after the firing had ceased, there suddenly appeared the captain of the squadron of the Jaruco Volunteers, Don Augusto Villanueva, with one sergeant and other men numbering fifteen or twenty, and they forced all the men sheltered in the house to follow them. However, at the request of the doctor, they left his father and the women remaining in the house, taking all the others, eight in number, as prisoners, before the general commanding the forces, who, he afterwards was informed, was General Melguizo, to whom Delgado manifested that he was an American citizen. When this utterance was heard by General Melguizo he became infuriated, striking the prisoner on the face and head. The latter was standing and the general on horseback. The said general then expressed the most despiteful words against the American consul, and immediately calling the already mentioned Captain Villanueva he ordered that he and twelve men should take the prisoners to the rear. While the column advanced the captain and his soldiers took the prisoners 50 yards to the rear, and they were all tied in a line.

[Page 613]

The doctor then goes on to relate how the line was severed after the first shot, how his head was struck by that first volley, and how he fell to the ground; how a second discharge struck his buttocks, he being afterwards wounded with a machete; how he lost consciousness, although he previously heard the marching off of the soldiers; taken to the house with the old man Venancio, who also remained living; two days after he left the house, and they hid themselves in the cane fields because they had heard that the soldiery was looking for them for the purpose of killing them, so that the crime need not be known. He finally states that he appealed to the United States consul through his father, and the manner in which he was taken to this city. This is a faithful copy of the deposition of Mr. Delgado before the consul.

The second document is, the report sent on the 20th of the same month to the consul by the physician entrusted with the examination of the wounded.

The third is a copy of a communication addressed by the United States consul-general, according to instructions from his Government, to his excellency the Governor General of this island, calling attention to the events which had taken place on the “Dolores” estate, the investigation of which and the inflictment of punishment is the object of these inquiries.

The event is stated in that communication as related by Dr. Delgado in his deposition. The treaties now in force are invoked, and it is affirmed that General Melguizo, superimposing his action and will to those of your excellency, to those of the Supreme Government of Spain and to the protocol of 1877, has ordered, without trial, the execution of an American citizen in an unheard-of manner, for which conduct it is demanded that your excellency adopt the necessary steps in order that the delinquent General Melguizo and his subordinates receive the punishment which they deserve; and it is furthermore stated that the proper correction should be applied to said general for his threats against a foreign representative.

On the 30th and 31st of the same month of March Mess. Delgado, father and son, deposed. The former states nothing that is of any consequence for the examination of the facts. The latter’s deposition is the same as that he had previously made before the consul in his previous deposition, which he ratifies (on page 48).

On pages 71 and following Don Venancio Pino deposes: He was wounded at the same time as Mr. Delgado and, like himself, was one of the surviving prisoners, and was taken to the estate dwelling. In the most important points his deposition contradicts that of the former; thus he affirms that the general, when Mr. Delgado showed him some documents, only answered, “I don’t busy myself now with papers,” then he struck him (Delgado) three times with his fist, and they were ordered to the rear of the force. That there, after they had been tied, they were attacked with machete, and as they fell they were fired upon, he being struck on his head by three bullets and by one on his arm, the attacks with the machete preceding; and on being directly interrogated he replies that General Melquizo, on speaking to Delgado, did not utter any words against the representative of the United States. Likewise, he denies having heard that he was looked for after the event, because he would have been found, as he was when he was desired to make a deposition.

Depositions have been made by General Melguizo and his aid-de-camp, by the colonel, now General Ochoa, by Lieutenant-Colonel Adriani, by Captain Villanueva, of the volunteers, by the soldiers quoted by their names by Mr. Delgado, and by others who took care of the prisoners. From these it appears that Captain Villanueva, with his volunteers, was received with discharges on arriving at the plantation dwelling; that he therefore entered the house and made the dwellers of the same prisoners, as they were actually in flagrant crime, taking up arms against our troops; that when eight or nine of the men were taken before the commander of the column, Sr. Melguizo, he sent them to the rear, giving no other order in regard to them. That when the general saw the prisoners he was on foot, adopting measures to free himself from the danger of finding himself surrounded by the flames of the cane fields, which must have been set fire to by the insurgents, and for the persecution of the said insurgents; that the rear guard of the column was attacked, and that two companies were sent there to support it, all the force withdrawing at a double-quick so as not to perish surrounded by the flames, thus abandoning the prisoners from necessity in order to join the rest of the column. This is what they affirm with absolute unanimity—if not so expressed in words, then so expressed in sense.

No evidence, no fact, can be obtained in confirmation of Mr. Delgado’s denunciation. Even his fellow prisoner, Don Venancio Pino, who was wounded with him, and who was put in safety with him, contradicts him in the most important details. Dr. Delgado contradicts himself, for while he gives to understand with studied reticence that the burning cane fields was the work of our own troops, in another deposition he knows nothing about it, it being an absurdity that our troops should set fire to the cane, because it increased extraordinarily the difficulty of their position. It is equally unlikely that General Melguizo, at the head of a column nearly all infantrymen and relatively small, threatened by mounted forces four times as [Page 614] great, amidst a dangerous conflagration, should stop to speak with prisoners, and much less to maltreat them in so reprehensible a manner. The noble words he writes in his deposition protesting against this injurious imputation plainly shows that Mr. General is incapable of committing such an offense to himself.

It is strange that Mr. Delgado, who so minutely describes insignificant details, does not remember whether the general’s horse was on his right or left hand, nor whether he was struck with the right hand or with the left; and it can not absolutely be believed that he should utter words against the United States consul, since all the witnesses present, including the surviving prisoner Don Venancio Pino, squarely affirm that he did not utter them.

The report of the engagement of March 4, which reached the general headquarters long before it could have been known that these inquiries were being made, states that after the column was ordered to march toward the neighboring town of Casiguas the rear guard was surprised by a sudden attack, but being properly reenforced, the enemy was again repelled, the troops continuing the interrupted inarch. It is indubitable that in the confusion of this last combat, in which the prisoners were abandoned, said prisoners were wounded or killed by the bullets of the combatants reaching them, or by the machetes of our army’s enemies. So we are to believe from the unanimous deposition of all the witnesses and from the report of the physician, Señor Leal, who attended Mr. Delgado, now completely restored from his wounds and useful for customary work. Señor Leal assures clearly and precisely, on page 74, that the wound from gunshot which he dressed for Mr. Delgado, his colleague, had not the least sign to authorize the belief that it was produced at close quarters, but, on the contrary, from a distance.

In these inquiries all possible means of investigation have been exhausted. No deposition has been omitted that might cast some light or procure data upon the subject. The depositions made have been carried on on the part of the judge of inquiry with remarkable dexterity and extreme impartiality. The inquiries are terminated.

With regard to the result of the proceedings, and to the reclamation formulated by the consul of the United States, it must be stated that from the investigations it does not appear to be confirmed, either by evidence or the most insignificant suspicion, that General Melguizo ordered the execution of any American citizen made a prisoner in the engagement of the 4th of March last. Neither in the three depositions of Dr. José Manuel Delgado, nor in that of his companion, Don Venancio Pino, nor in that of any of the witnesses present on the occasion, is there the least allusion to such an order. It is only affirmed, in complete and absolute conformity by all, that the general ordered the prisoners to be taken to the rear, a natural and proper order.

And touching the words offensive or annoying—but not threatening—for the consul which Mr. Delgado states were expressed by the general, not only do they not appear confirmed, but, on the contrary, are denied by Don Venancio Pino and the other witness; but if any doubt could yet be entertained the testimony of respect expressed in General Melguizo’s deposition toward the North American officer dissipates and destroys it.

“There was no reason,” says he, “why the personality of the United States consul, whom I much respect, should pass before my mind in those moments; I did not express phrase or word offensive to him, nor could I fix my attention on the prisoners in the precise moment when I was organizing the retreat, when I feared to see the column surrounded by the burning cane fields set on fire by the insurgents.”

From that which precedes I consider that the case at issue refers to an incident or unhappy event (siniestro) of the kind unavoidable in wars, and my opinion is, therefore, that there not appearing from the investigations made any criminal or civil responsibilities to be demanded from person, it is proper, in accordance with articles 395 and 396 of the Code of Military Justice, that your excellency be pleased to order that the investigation be considered as terminated and that these investigations be put on file, which should be returned to the judge of inquiry for its fulfillment and statistical formalities.

Addendum.—The accompanying official document, and in which the judge of inquiry is informed by the physician who visited Delgado that this gentleman is already restored to health and is no longer in need of medical assistance, should be attached to this investigation.

Respecting the better decision of your excellency,

Juan Romero.

Habana , May 29, 1896 .

A true copy.

[Inclosure 2 in No. 536.]

Mr. Taylor to the Duke of Tetuan.

Legation of the United States,
Madrid , July 4, 1896 .

Excellency: I have the honor to acknowledge the receipt of your note of the 30th ultimo, in which you present to my Government the depositions of Gen. Don Cayetano Melguizo, Col. Ochoa y Aldama, Lieut. Col. Adriani Rosique, Capt. Ruiz Lopez, Captain Villanueva, Dr. Romero Leal, Venancio Pino, Jacinto Moral, and Antolin Portela, as counterproof in the case lately presented through this legation in behalf of José Manuel Delgado, a citizen of the United States, who was subjected to cruel indignities and grave personal injury near his estate in the province of Habana, Cuba, on the 4th of March last.

I have read with surprise and profound regret that this counterproof has convinced your mind of the fact that the case presented in behalf of Delgado is a fabrication; that he was not, in fact, shot by a file of Spanish soldiers under the command of Captain Villanueva acting under the orders of General Melguizo. That he was shot on the day in question you do not deny, but you advance the theory that he was shot by the insurgents themselves and not by the troops of His Majesty. I use the term “theory” advisedly. Not a single one of the witnesses whose depositions you offer has stated it as a fact that Delgado was wounded by the insurgents; they simply advance the statement as a “theory”—as a mere possibility. They do not pretend to know the fact. And in your excellency’s note you do not attempt to go further than the witnesses. You simply adopt their “theory” as a possible explanation of the sad event of which my Government has complained.

In reply I have the honor to remind your excellency that Delgado’s case does not rest upon “theory;” it is founded upon clear, definite assertions of facts which are in perfect accord with human experience.

In the first place, we have the deposition of Delgado himself, which sets forth without passion the history of the cruel injuries to which he says he was subjected. The central assertion in that statement is that on the 4th of March last, he, in company with seven associates, were taken out by Captain Villanueva, acting under the orders of General Melguizo, to a place where they were stricken down like wild beasts by the use of the gun and the machete. This is the great central fact to be ascertained; in technical language the corpus delicti which should not be confused with or obscured by subordinate and collateral events which happened beforehand. Of the eight who were placed under the bullet and the machete but two survive—Delgado and Pino. Six are dead. Pino’s testimony, which has been taken by both Governments, is therefor of supreme importance. I respectfully insist that the two attempts which have been made to discredit Delgado by showing that his statement of what occurred is contradicted by Pino in a material particular have utterly failed. In the first place, the fact that Pino did not hear General Melguizo utter insulting words as to the United States consul in no wise proves that they were not in fact uttered; in the second place, what then occurred is a purely collateral, subordinate circumstance.

This case does not rest upon what was said against the United States consul. The inquiry is as to what occurred when Delgado was shot and left for dead against the stone wall. As to that event, it is contended that Pino differs from Delgado as to the order in which the gun and the machete were used. I have only to suggest to your excellency that all who are accustomed to examine witnesses in courts of justice know that [Page 616] no two honest witnesses were ever known to describe all the details of any tragedy in identical terms. When such exact agreement occurs it is invariably taken as evidence of collusion and prearrangement. I respectfully insist that the order in which the gun and the machete were used is absolutely unimportant. It is further contended that Delgado is discredited because Dr. Leal suggests that in his examination of the wound from firearms he did not find anything to persuade him that it was received at short range. Dr. Leal, who made no such statement in his original deposition, gives no data whatever to support his conclusions, which under a well-known rule of evidence has no value whatever as evidence in the absence of such data, as it purports to be a scientific conclusion. I therefore conclude without the least hesitation that Del gado’s testimony stands unimpeached and sustained in every material particular by that of Pino, the only eye witness of this great crime to whom he can now appeal.

In every litigation each party has the right to use the confessions which occur in the counter proof offered against him. General Melguizo confesses that he ordered the prisoners to the rear. He says: “I do not remember whether it was Captain Villanueva to whom I gave the order to take the prisoners to the rear; but I am quite sure that I gave such an order, as I have said.” Captain Villanueva confesses that he unlawfully took Delgado, a citizen of the United States, from his estate and conducted him with his comrades to General Melguizo, who, according to Villanueva, said, “Let them be taken to the rear guard.”

By the confessions of these two officers, who do not pretend to have been ignorant of the citizenship of Delgado, he passed unlawfully into their military custody, and the burden is upon them to prove what became of him after that time. Delgado, supported by Pino, tells with terrible directness all the dreadful details of what ensued. Is it possible for the human mind to conceive of two men, both seriously wounded, inventing in the moment of agony a story whose tragical details embraced the deaths of six of their comrades? Has anyone ever denied the existence of the wounds of Delgado and Pino or the fact that six of their comrades perished at the same time? Delgado’s case is either true as a whole or it is a malicious and wicked falsehood from beginning to end. If it were false, if it were untrue that this military execution took place in which six were killed and two wounded, would anything be easier than to prove that the whole story was a fabrication? I call your excellency’s attention, with all possible emphasis, to the fact that no human being has ever dared to deny that this military execution took place just as Delgado and Pino have described it. General Melguizo does not venture to deny the fact. He simply says that he does not know what became of the prisoners after he ordered them to the rear; he simply says that Captain Villanueva reported to him that they were abandoned. Nothing could be more conclusive of Villanueva’s participation in the tragedy than the vagueness of his denial of it. Pino, who has been offered by the Government of His Majesty as a trustworthy witness, says: “Villanueva took us near a stone fence, and on arriving there I heard Villanueva say, ‘Machete them,’ we having been previously tied.” Then he went away, leaving there about ten or twelve volunteers. He says again that Villanueva “ordered that they should tie us, and he forthwith went away.”

Nothing can go further to prove that Villanueva thus deliberately went away so that he could not afterwards be used as a witness as to the details of the crime to which he was a party than his absolute vagueness as to the manner in which the prisoners passed from his custody. [Page 617] He admits that they were given into his custody, and the burden is upon him to prove what became of them. What does he say? “Being asked whether he knows if the prisoners were wounded by bullet and side arms, and by what force, responded: That he is ignorant of these particulars about the prisoners, as on being attacked he could only think in that critical moment of his own defense and of that of the force he commanded, not knowing the fate of the prisoners.” We thus have from Captain Villanueva a positive declaration that he does not know the fate of the prisoners committed to his charge. General Melguizo says he has no knowledge of their fate apart from the report made to him by Villanueva. Col. Ochoa y Aldama says after the prisoners went to the rear “he saw them no more and does not know what became of them.” Lieutenant-Colonel Rosique, being asked as to the fate of the prisoners, answered “that he does not know who killed or wounded them, or what became of them.” Capt. Daniel Lopez, “having been asked if he knew whether the prisoners were wounded or killed, and by whom, he said he did not know.” It is not necessary to refer to the testimony of Antolin Portela and Jacinto Moral, who confess their ignorance of anything material concerning the case.

It is worthy of note that Pino, in his original deposition, says, “and the sergeant, Ricardo del Valle, struck Mr. Delgado, who was tied, with his machete.” That proves clearly that Sergeant del Valle remained in command of the squad charged with the execution after Captain Villanueva had withdrawn from the scene. No deposition has been offered from him with the purpose of denying the fact that the tragedy took place at the stone wall as described by Pino and Delgado. And, finally, special attention should be called to the fact that General Melguizo, upon whom the burden of this terrible event really rests and who has the deepest interest in shielding himself from its consequences, begins his deposition with the remarkable statement that “on account of the time elapsed I have forgotten the details,” when, as a matter of fact, only forty days had elapsed between the event and the taking of his testimony.

After a review, which I have striven to make in a calm and judicial spirit, of all the counter proof offered in behalf of the Government of His Majesty, I can not fail to reach two clear and positive conclusions:

First. That the only defense offered to the case presented in behalf of Delgado, whose arrest by the Spanish forces in Cuba is admitted, is that he was released from such arrest and at the same time wounded by the insurgent forces. I find that such defense is purely theoretical and imaginary, being absolutely unsupported by any fact which even tends to prove its existence. No witness who has been examined in behalf of the Government of His Majesty has dared to depose, either upon his oath or his honor, that any such thing ever occurred. All the witnesses so examined who could have known such fact, if it had ever occurred, declare their ignorance of it.
Second. That the defense attempted to be made in behalf of the Government of His Majesty having collapsed for the want of evidence, and the original case made by Delgado remaining uncontradicted in any material particular, it stands in full force as originally presented.

It therefore becomes my duty in the name of my Government and by its authority to inform you that the case of Delgado, as originally presented to you on the 27th of May last, stands in its judgment uncontradicted and unimpeached, and it therefore insists upon the full redress which it then claimed. And firmly relying upon the desire which you have so happily expressed, and which it so sincerely reciprocates, “that [Page 618] cordial and friendly relations be maintained between the two countries,” my Government sincerely hopes and expects that prompt and complete redress will be offered it for the grievous wrong which it has suffered in the person of its citizen, José Manuel Delgado.

I seize this opportunity to renew, etc.,

Hannis Taylor.