Mr. Olney to Mr. Taylor.
Washington , October 15, 1896 .
Governor-General has notified consul-general at Habana that Manuel Fernandez Chaqueilo, American citizen, having been taken in combat with arms in hand, is to be tried by ordinary military jurisdiction. I am not informed that guaranties of third and fourth articles of protocol are denied, but it does not appear that any criminal charge is preferred, taking the case out of the category of prisoner of war. He is a material witness in case of Govin. His execution would silence important testimony, besides contravening human modern rules of warfare touching prisoners captured in open fight. You will intimate that moderation will best comport with friendly interests of both Governments, and ask that, if convicted after trial with all stipulated guaranties, the case be remitted to Madrid for examination. Make all proper personal solicitation in his behalf.