Mr. Lee to Mr. Rockhill.
Habana, December 31, 1896. (Received January 6, 1897.)
Sir: Yesterday noon I visited the Cabaña fort and had a talk with Mr. Julio Sanguily, an American citizen, and formerly a general in the insurgent army. As you know, he was arrested in his house while taking a bath on the 24th February, 1895.
Sanguily had proved himself a very brave and efficient officer in the Cuban war from 1868 to 1878, and had been wounded seven times. It was therefore naturally supposed that sooner or later he would have [Page 844] joined the insurgent side of the war now in progress in this island. He had, so far as I am informed, committed no overt act in that direction, and was taken without arms in hand.
On the 28th of November, 1895, or, say, nine months and four days after he was arrested and thrown into a cell at the Cabaña fort, he was tried and sentenced to be imprisoned for life. An appeal was taken to the supreme court of justice at Madrid, which decreed, upon some technical ground, that Sanguily should be retried.
On the 21st of December, 1896, his second trial commenced, and ended by his being again sentenced to perpetual imprisonment.
From this second sentence an appeal has been taken which, whether successful or not, will greatly lengthen the time he has already passed in his cell.
The lawyer who defended this prisoner in his first trial now looks from the bar of a cell adjoining his in the Cabaña fort, and I am informed that the lawyer who managed his appeal before the Madrid court has suffered in consequence thereof, so that it may be difficult to procure in Madrid another person versed in the law who will consent to manage for Sanguily the appeal proceedings.
Only a few days after the arrest of Sanguily a proclamation was issued offering amnesty to all persons in arms who would give themselves up. It seems that this ought to apply to persons who had been arrested without arms in hand. Two other Cuban officers of distinction—Ramon Perez Trujillo and José Maria Timoteo Aguirre—were arrested, I am told, at the same time as Sanguily and for the same reason, namely, because it was thought that they would engage in the war. After a short incarceration they were liberated.
In view of all these facts, and for the additional reason that Sanguily has been in a cell twenty-three months to date, is not in good health, and is suffering from old wounds, I respectfully suggest that the Department bring these facts to the notice of the Madrid Government and ask that instructions be issued that he be released from prison on the condition that he will leave this island and not return until the present war has terminated.
I am, sir, etc.,
Consul-General.