Chargé Sleeper to
the Secretary of State.
American Legation,
Habana, July 26,
1906.
No. 144.]
Sir: In continuation of legation dispatch No.
135, of the 19th instant, relative to Miss Millie Brown, L. C. Giltner,
and H. L. Augustine, American citizens imprisoned at Nueva Gerona, Isle
of Pines, for the erection of a private telegraph line, in violation of
military order No. 50, series of 1902, I have the honor to advise the
department that the father of Miss Millie Brown called at the legation
on Monday last—the 3d instant—and assured me that his daughter had not
intentionally violated military order No. 50 and that he felt positive
that Messrs. Giltner and Augustine were equally guiltless of any
intention to transgress the law. In view of Mr. Brown’s personal
statement, the youth of his daughter, and other attendant circumstances,
I called at the foreign office and again brought up the question of a
pardon. After some conversation, Doctor O’Farrill stated that if I could
obtain from Brown and her associates a promise that they would not again
infringe the aforesaid military order No. 50, his Government would
favorably consider a request for their pardon.
On leaving Doctor O’Farrill’s office I immediately sent the following
telegram:
July 23, 1906.
Messrs. Giltner and
H. Augustine and Miss Millie Brown,
Carcel, Nueva Gerona:
Will you authorize me to request pardon for you under promise not
to again infringe military order No. 50? Reply legation.
Sleeper, Chargé.
and on the next day received their reply as follows:
Nueva Gerona, July 24, 1906.
Sleeper, Chargé American Legation, Habana:
We authorize you to request pardon, and promise not to infringe
military order No. 50.
Giltner.
Augustine.
Brown.
As agreed upon, I then addressed a note to the Secretary of State—copy
inclosed herewith—stating that I had received the necessary promise and
requesting their pardon, at the same time cabling you of my action. I
confirm my cable on the overleaf.
[Page 514]
On the 25th instant—yesterday—Miss Brown and Messrs. Giltner and
Augustine were duly pardoned—cablegram to department confirmed on
overleaf—and telegraphic instruction sent to the local authorities at
Nueva Gerona advising them of the President’s action and directing them
to at once liberate the prisoners.
Referring to my previous dispatch, No. 135, page 2, paragraph 1, it
appears from a report of Mayor Sanchez, of Nueva Gerona, that, in
obedience to instructions, he called upon Miss Brown and offered to take
her to his house, but that she refused to go, stating that she preferred
to remain in jail until the return of her father from Habana, where he
had gone to lay the case before the legation.
I inclose herewith copy of Miss Brown’s protest to Minister Morgan, dated
June (July) 15, 1906, and translation of Doctor O’Farrill’s reply, dated
the 26th instant, to my request for pardon.
I have taken occasion to call at the foreign office and express to the
secretary my appreciation of the courtesy of his Government in granting
this pardon.
Unless otherwise instructed by the department, the legation will consider
the incident closed.
I have, etc.,
[Inclosure 1.]
Chargé Sleeper
to the Secretary of State and Justice of the
Republic of Cuba.
Your Excellency: Referring to the
imprisonment of Miss Millie Brown and Messrs. L. C. Giltner and H.
L. Augustine in the jail at Nueva Gerona, Isle of Pines, for
violation of military order No. 50, series of 1902, prohibiting the
unauthorized construction of any telegraph or telephone line, and in
view of the declaration of the aforesaid Millie Brown et al that
they were ignorant of the fact that the erection of a private
telegraph line constituted a breach of the law of this Republic,
and, furthermore, that they have promised this legation not again to
transgress the provisions of the aforesaid military order No. 50,
series of 1902, I have the honor to respectfully request that they
be pardoned.
I avail myself, etc.,
[Inclosure 2.]
Miss Brown to
Minister Morgan.
La
Carcel, Nueva Gerona,
Isla de
Pinos, W. I., June 15, 1906.
Sir: Together with H. L. Augustine and L.
C. Giltner, all of us residents of the American colony of the town
of Columbia, I have assisted in the installation of a telegraph line
connecting our respective homes.
The line has a length of some 1,800 feet and was built simply for the
purpose of amusement and diversion. A few days after we had
installed the line, we were summoned before the judge of first
instance and instruction to give information regarding the matter.
We made a simple declaration to the court that the line had been
built by us on private lands only for the purpose of amusement and
with no idea of operating for revenue.
After massing a volume of testimony, the worthy court pronounced
sentence of a joint fine of $100 for violating military order No. 50
of the laws of 1902. Rather than submit to the extortion, we have
accepted the alternative of thirty-three and one-third days’
imprisonment.
For the “crime” of which we are guilty, thousands of young Americans
are going unpunished to-day.
We are now serving our sentence in the La Carcel, where we are the
companions of other jail birds of all shades of color. We are
entirely dependent
[Page 515]
on our
jailers, the rural guards, who have been kind enough to loan us
three army cots, with a few coverings sadly in need of
laundering.
Besides the indignity of arrest and imprisonment without cause are
added the outrage of compelling a 19-year-old girl to pass
thirty-three days and nights in the close companionship of some
twenty guards and male prisoners.
I am inclosing the foregoing information in the hope that you will
use your influence in the behalf of ourselves and other outraged
American citizens of the Isle of Pines.
I am, etc.,
(Signed)
Millie J.
Brown.
[Inclosure
3.—Translation.]
The Secretary of State and
Justice of the Republic of Cuba to Chargé Sleeper.
Department of State and Justice,
Division of
State,
Habana, July 26,
1906.
Mons. Chargé d’affaires: I acknowledge your
polite note of the 24th instant, in which your honor requests the
pardon of Miss Millie Brown and Messrs. L. C. Giltner and H. L.
Augustine, sentenced to a fine of $100 or, in default of the payment
thereof, the corresponding imprisonment, for violation of military
order No. 50, series of 1902, which prohibits the unauthorized
erection of telegraph and telephone lines. In view of the fact that
the offense has not injured a third party and that the prisoners are
repentant of their unlawful acts and promise not to again transgress
this law, His Excelency the President, upon my recommendation and
after consultation with the cabinet council, pardoned the
individuals mentioned above, thus showing a mark of distinction
toward your honor.
I renew, etc.,
(Signed)
Juan F.
O’Farrill.
