Mr. Springer to Mr.
Rockhill.
United
States Consulate-General,
Habana
,
December 2,
1896
. (Received December 5.)
No. 244.]
Sir: With further relation to the Cespedes
case, I have the honor to transmit copy of a letter from the United
States consul at Matanzas, with copies of an affidavit of Walter W.
Thompson, of Key West, and the deposition of Oscar Cespedes.
I also transmit a translation of the publication of the disposing part of
the finding of the superior court of Matanzas, as reported in the
Matanzas newspaper referred to in my telegram.
I am, etc.,
[Inclosure 1 in No.
244.]
Deposition of Walter W. Thompson.
State of Florida, County of Munroe:
Walter W. Thompson, being duly sworn, deposes and says: That my name
is Walter W. Thompson; I reside in the city of Key West, State of
Florida, and I am the editor of the Key West Herald, a daily
newspaper printed and published in said city and county.
I know Oscar Cespedes, and hare known him for twelve years, during
which time he resided in the city of Key West. Owing to the lack of
authentic news from the Spanish and Cuban war, I, as editor of said
Key West Herald, engaged Mr. Cespedes to go to Cuba and represent
the said Key West Herald.
Walter W. Thompson.
[Page 667]
State of Florida, County of Munroe:
The above statement is this day sworn and subscribed by Walter W.
Thompson, to me known to be the editor of the Key West Herald, a
newspaper printed and published in the city of Key West, County of
Munroe, and State of Florida,
[
seal.]
W. Hunt Harris,
Notary Public of
the State of Florida at Large.
[Seal. Certificate of the Spanish vice-consul.]
[Inclosure 2 in No.
244.]
Deposition of Oscar de Cespedes, taken at the
jail at Matanzas, October 3, 1896.
I am a native of Key West, Fla., 20 years of age; came to Cuba on the
3d of July, 1896, on board the Commodore as a
reporter to the Key West Herald.
I was captured on September 2, 1896, at Hato de Jicarita, near
Zapata, by the Spanish column of Colonel Molina.
At the time I was captured I was lying on the roadside under shelter
of trees and sick with fever and without arms of any nature
whatever. I was then placed on a horse and started under march and
ill treated all the way to Guira de Macurijes, the leader of my
horse striking me with the barrel of his rifle the blows meant for
the horse.
I was kept at Guira de Macurijes two days and finally brought to
Matanzas, and confined at San Severino Castle, and on account of my
sickness I was sent to the infirmary at the city jail, where I have
remained to date.
I am a native-born American citizen, and do hereby declare under oath
that I came to Cuba, as before stated, as a reporter, and that I
have been in nowise connected with the insurrection now going on in
Cuba, and desire that my early release be procured by the Government
of the United States.
I further state that I have been sick with fever during the last
three months, on account of which my health is very much broken
down, and at times became hopeless of life. I have been fairly
treated at the jail infirmary.
Oscar de Cespeders.
Before me witness my hand and official seal at Matanzas, the day and
year first above written.
| [seal.] |
A. C. Brice,
United States Consul.
|
United States
Consulate,
Matanzas, Cuba.
I, the undersigned, consul of the United States at Matanzas, Cuba, do
hereby certify that the foregoing is a true and faithful copy of the
deposition of Oscar de Cespedes, the original of which is on file at
this consulate.
Witness my hand and official seal at
Matanzas, this 28th day of November,
1896.
[
seal.]
A. C. Brice,
United States
Consul.
[Inclosure 3 in No. 244.—From La
Region, of Matanzas, November 26,
1896.—Translation.]
trial.
On Tuesday noon, the hearing to resolve the question of competency
raised between the war jurisdiction and the court of Alfonso XII,
took place in the case against the American citizen, Mr. Oscar
Cespedes y Figueredo, for the crime of rebellion.
The following is the dispositive part:
Considering that although citizens of the United States, by virtue of
the protocol of the 12th of January, 1877, enjoy the privilege of
not being tried for any offense whatsoever, committed in Spanish
territory by any other tribunal but the ordinary, they are excluded
from such a privilege upon committing any offense, the cognizance of
which may correspond to a special jurisdiction if captured with arms
in hand.
Considering that from the copy of the proceedings furnished by the
war jurisdiction there appear sufficient data to accuse Mr. Oscar
Cespedes as the perpetrator of the crime of rebellion, and to be
comprised in the exception above referred to, because of having been
captured with arms in hand, for which reason it is proper [Page 668] that he should he tried by
the war jurisdiction and not by the ordinary, as provided by number
3, of article 9, of the Code of Military Jurisdiction;
Seen: Legal provision to article 1st of the protocol of the 12th of
January, 1877;
We hereby declare that the cognizance of the case which has
originated this question of competency corresponds to the war
jurisdiction. Report this decision to his excellency the
Captain-General and to the judge of instruction of Alfonso XII.
Matanzas, 25 November, 1896. (There are several signatures.)
Note.—The Oscar Cespedes landed in this
Island on the 23rd June last in the expedition commanded by Ricardo
Trujillo and joined the insurgent band of Lacret. Was made a
prisoner in the Jicarita hills by the column of Colonel Molina and
is at present in the San Severino fort of this city.
