Mr. Brice to Mr. Rockhill.

No. 72.]

Sir: In my dispatch No. 67, dated November 3, 1896, I informed the Department that Cespedes was turned over to civil authorities. My information came direct from civil governor, but he was undoubtedly mistaken, as Mr. Cespedes case came up before the audiencia of this district on 24th instant, to determine jurisdiction. Decision was rendered on 25th that Mr. Cespedes should be tried by military court-martial. Two of the judges were strongly in favor of civil trial, but were overruled. The court-martial of Cespedes may take place at any time, and there can be no question as to the result—exile or shot.

Claim was made that Cespedes was taken with arms in hands, and ample evidence to prove same when trial is had.

I shall protest strongly through civil governor against the injustice of decision by audiencia.

I am, etc.,

A. C. Brice.