Mr. Springer to Mr. Uhl.

No. 2523.]

Sir: I have the honor to acknowledge the receipt of your telegram, dated 24th instant, reading:

Williams, Consul-General, Habana:

Department is informed Aguirre is required in violation of law to deposit $10,000 or have his property seized as security for costs, and that his lawyer in violation of treaty has not been permitted to examine charges against him. This Department regards such a proceeding as unwarranted. You will forthwith investigate the situation and report by cable the facts.

Uhl.

[Page 769]

After an interview with the counsel of defense of Aguirre, and also Sanguily, I have cabled the following, which I now confirm, with the observation that the word “bail-bond” is not used in the sense of a security given for the release of a prisoner, but a special bail in court to abide the judgment.

Assistant Secretary of State,
Washington, D. C.:

Bail bond of $10,000 required of Aguirre or in default thereof embargo of property for costs is according to law, but his lawyer has not yet been permitted to examine changes, the court stating that all “sumarios” are secret according to Spanish criminal law. Bond the same in Sanguily’s case, and in addition one for $20,000 for charge of kidnapping.

Springer, Vice-Consul-General.

I am informed by Sanguily’s lawyer that another person was connected with him on the same charges or indictment of kidnapping a certain Geraldo Portela, of this city, who was arrested subsequent to Sanguily, and confined in the Morro Castle. The case of Portela was instituted before the military authorities, while that of Sanguily was passed to the civil jurisdiction. Portela was not brought to trial, but his case was quashed and he has been released for nearly a month, and under no kind of restriction, whereas Sanguily is still imprisoned in the Cabaña fort awaiting trial.

I am, etc.,

Joseph A. Springer,
Vice-Consul-General.