Subscribers enjoy higher page view limit, downloads, and exclusive features.
4 "THE FIPTY-THREE MURDERS Capture of the Virginius---Trial and Ex- ecution of the Prisoners. THE HORRIBLE STORY IN DETAIL. Burriel’s Bloody Deeds More Fully Exposed. es Spaniards’ Shame tor the Great Outrage. Commander Braine’s Interview with General Morales After the Murderer’s Flight. Visit of the Americans to the American Prisoners in the Jail. On Boarp U. S. Stoor-or-War cass ig SaNt1aGo DE CuBA, Nov, 27, 1873, The swaggering cutthroats who have made the mame of this ragged town so notorious prohibit the transmission of any despatches by telegraph, except those which they may supervise and en- dorse. I was unable, therefore, to 1orward the announcement of our arrival here yesterday even- ing or to send the shocking details of the inhuman butchery perpetrated on the officers, crew and Passengers of the American steamer Virginius, obtained from an authentic source, and the supse- quent proceedings taken on their behaif, The tragic story has not yet been half told; a more re- volting narrative it has never been my lot to hear. Happily the number at first reported murdered ‘was somewhat exaggerated, 53 men “only” having been riddled to death; but that fact you will see anon was due neither to the forbearance nor the humanity of the fiends who did the deed. THE VIRGINIUS’ CAPTURE, It is not my province, at this stage, to comment ‘upon the capture of the Virginius. It is conceded ‘on all hands that she carried the proper papers from Kingston, Jamaica. Commander Cushing, of the Wyoming, having personally examined the records at that port and the testimony of Joshua A. Rowe, master of the American schooner Village Belle, sets forth that on the night of October 31, when about 40 miles from Santiago de Cuba, he ‘was boarded by the Spanish war steamer Tornado, and having inquired tae name of the vessel, sailed towards the coast of Cuba. Rowe, in an affidavit, further declares that, between three and four v’clock on the afternoon of the same day, the Tor- nado being still in sight, he saw two other steam- ers, and observed that all three were steering Soward the coast of Jamaica. One of the steamers he knew to be the Virginius, and on the following morning the watch on deck reported two of the steamers returning toward the coast of Cuba. SEVENTY MILES PROM CUBA WHEN CAPTORED. From his knowledge of navigation Rowe affirms that if the Virginius was captured at ten P. M., as alleged by the commander of the Tornado, she could not have been less than 70 miles from Cuba. It has been a matter of some surprise to many that, considering the insignifcance of the Tornado aS a war vessel, the outraged people on the Vir- gintus did not show some resentment at the insult thus wantonly perpetrated on the high sea in viola- | tion of all right and justice. Little, however, did the victims dream of the terrible fate in store for them. Apart irom the fact that the machinery of ‘he Virginius was disabled, Captain Pry confidently assured those on board that no danger would be- | fal! them, and that at most the vessel only would | be confiscated. So they quietly resigned, without even a shadow of resistance—all hands submitting to the indignity of being placed in irons. I may add that with cheracteritic heroism the com- mauder of the Tornado fired several shells at the helpless vessel. Photographs of the spectacie are | Belling here by the score. I have read the com- mander of the Tornado’s official report of the cap- ture, anchin hits blind egotism the facts of the out- rage are altogether forgotten by that intrepid | mariner. THE PEOPLE ARE CUBAN SYMPATHIZERS, You have doubtiess heard a great deal about | the rejoicing here on the night the Tornado en- tered this harbor with the defenceless vessel. Let | me hasten to contradict the ill-founded ramors on | ‘that score, for I can assure you that of the thirty odd thousand inhabitants of this place more than half witnessed her advent with sorrowing hearts. A thorough inquiry into the state of affairs here con- firms the impression that three-fourths of the People are Cuban sympathizers, and were it not dor the prompt and terrible punishment that would overtake them would rise in arms to-morrow. As it is many of the reluctant volunteers in the Span- Tish cause suffer more from fear of detection, well knowing their fate if even suspected, than they do drom the physical privations they are compelled to undergo. And it may as well bé here stated ‘that to BURRIBL, THE NERO OF THE NINETEENTH CENTURY, and his complacent advisers in Santiago de Cuba, for it was here, and here alone that the murder ,Was planned and executed; to Burriel, a name ‘which forever more will be synonomous with ty- ranny and inhumanity, that the world must look for retribution. I suppose that you are aware that he had fed from this place, doubtless anticipating | the penalty of his crime. He left secretly in a steamer bound to Havana, where, I understand, bis reception was far {rom encouraging. I have digressed thus far to show that whatever punish- ment is to be meted out in connection with this appalling tragedy, it should fall in the proper quarter. There can be but one opinion as to the parties involved, for the executions took place long before even the authorities at Havana were made, cognizant of the deed, To Santiago de Cuba, then, must the defenders of the outraged people look for vengeance, THE PEOPLE SILENT AND ASHAMED. Of the trial and treatment of the prisoners I can- ‘not yet speak definitely. The peopie talk as if in whispers—converse with a foreigner is almost an Ampossibility. But since the first fatal day on which the helpiess victims were hurried into eternity, a pall has hung over the place, and it is mo figure of speceh to say that those in whose bosoms there yet linger some sparks of humanity Dow their heads in shame. However temporarily exhilarated on the night the Tornado conveyed her (prize to this port, the horrible events that followed quickly dispelied all the joyous demonstrations that preceded them. In a word, despite the feeble pretences of the murderers, the perpetration of the crime has received the disapprobation even of ‘the Spanish residents, THE MOCK TRIAL. It may not, perhaps, be too late to recall some of the scenes that marked the sad fate of those so wantenly butchered, since the correctness of the reports hitherto published may be questioned, in view of the reticence of those who could furnish the details. There were in all, at the time of the capture of the Virginius, 16 souls on board, When conveyed to this port they were distributed among the several Spanish gunboats then in harbor— taken off in irons, without being allowed even to change their clothes or provide themselves with means by which te counteract in the smallest de- gree the discomforts of their painful situation. ‘The following morning the wretched farce of trying the prisoners was gone througk, a proceeding ‘which, for injustice, ignorance and rascality, is Perhaps unparalicled im any age or country. The ‘“cribunal,” as it is significantly termed, consisted ft @ Fiscal, or “instructor accuser,” and a few other minions, ready and willing to do the bidding of their master, Burriel, who was chief of the so- called martial court. Before this hopemt boay BEMBBTTA, CRSPEDES, JESUS DRL SOL AND RYAN ‘were brought for condemnation, They were the jehlefs, and it behooved the Star Chamber to make whort Work of them. There was ao @avocate to NEW YORK HERALD, THURSDAY, DECEMBER’ Tl, 1873—TRIPLE’ SHEET stand forth on thotr behalf, Serupulous care was taken to prevent the United States and British consuls from seeing the prigoners—in fact, the un- fortunate victims were summoned to receive their sentence of death, Half a score of rascals were ordered to present themselves as accusers, prob- ably at 0 much @ day, and of course they accused as well as they could express themselves. In the { Way of mockery nothing could have been more complete. The paid ruffians swore away, doubt- less, until they were ordered to desist. MURDER WAS THE AIM IN VIEW; how well it was accomplished needs no comment. case of the tour persons named—for, mark you, the “Martial Court” was bound to be ceremontous, and the thirst of its gayly buttoned members was not 80 great that they could not spare an hour or so to relish the burlesque with pleasant anticipation—I Say if the parties ordered to condemn Bembetta and the others were conteut to check their appetites, just for form's sake, POOR PRY AND HIS CREW, to. say nothing of the passengers, had no such mock courtesy extended to them. Tried and condemned in 10 minutes | Verily the accusers, whom the crew never saw before, did their work with promptness. ‘True, Captain Fry declined to answer all the ques- tions put to him, vainly protesting that by the laws of nations he and his crew had committed no offence that justified his or their imprisonment as pirates. In vain did he plead that he commanded an American merchant vessel, furnished with all properly certified papers, which he had delivered to the boarding oMicer of the capturing vessel. I am told that nearly all of the crew were ignorant of what the Tribunal desired of them and why they were tried. The poor fellows were marched in single file before Captain Fry, whose simple iden- tifcation of them as members of his crew sealed their fate forever. But it is useless to dwell on this part of the proceedings. With a fixed deter- mination to murder the people at all hazards, and that too, promptly, lest the superior authorities at Havana or elsewhere might step in and spoil the feast, there need be little mention of the form of trial, Condemned to death. Bembeta, Cespedes, Jesus del Sol and Ryan were hurried off to jail. Their execution was fixed for the morning of the 4th inst. Their protestations fell as SNOWFLAKES ON THE SRA. In vain did Vice Consul Schmitt exert himself to the utmost. A telegram forwarded vy him to Kingston, Ja,, was detained by the government here, All hope was nipped tn tre bud—no strategy ‘was ieft untried to carry out successfully the nefa- rious plans in view. Mr. Schmitt sent a communi- cation to the Governor asking him to give a reason for the non-transmission of his telegram, and at the same time requesting leave to see the prison- ers, The document was treated by the excellent hidalgo with contempt. The protest which fol- lowed met with a similar fate. Repeatedly had Ryan sent to the Consul to visit him in order to make his will before a notary. CONSUL SCHMITT PLEADS BEFORE BURRIEL. At ten o’clock the night preceding the execution Mr. Schmitt, having been twice refused admission to the jail, proceeded to the palace, where he was violently abused by Burriel for daring to in- terfere. Hyena-like he paced the room exclaim- ing that the executions must take place forthwith, that none of the prisoners could be seen, despite their earnest appeals, and that, in fact, the Consul had a good deal of presumption tn the premises. The voice of His Excellency could be distinctly heard all over the plaza in the frenzy of his decla- mation. It was reported next day that the Consul had been peremptorily ordered off, the fact being, however, that Mr. Schmitt, finding the rufMan in- exerable, quietly took his departure, leaving His Excellency to rant and bellow at will. THE “SLAUGHTER HOUSE." This was the scene of the murder. I visited it this afternoon, and saw enough to make the blood run cold, heard enough to make one shudder at the atrocity of a deed without @ parallel on re- cord. A truthful eye witness has told me the story. Shortly after six o’clock on the morning of the memorable 4th, Bembertta and his compatriots were marched from the city jail handcuffed. The sun shone forth brilliantly, the entire male popula- tion of Santiago came forth to see the spectacle. Surrounded by over 500 soldiers and {fol- lowed by 15,000 persons the prisoners walked up Marina street in single file. Ryan had bis coat of, and, poor fellow, wore the broad brimmed sombrero so familiar to those who knew him in the States. Clergymen followed in the wake and prayed fer- ently for the victums who were about to die, The multitude kept pace with the procession, but not a word or token indicated consonance with the dire proceeding. The “slaughter house’ was a mile away, and beneath the burning sun the four men tramped briskly to the fatal spot. Scarceiy a word was spoken on the way, though now and then a faint exclamation of pity issued from the hinged windows of the rickety dwellings beneath which the cortége passed. Once through Christina street and the suburbs were reached. Meanwhile the crowd rushed towards the “slaughter house” to make good their point of observation. This, by the way, is the place where dogs and cattle receive their final Knock, @ little square, with stalls, and | enclosed by walls some seven or eight feet in height. It was outside the southern wall of the “slaughter house” that THE FOUR MEN WERE RIDDLED TO ATOMS IN THE FOLLOWING STYLE: A little to the right of the iron entrance gate the four men—Ryan, Bembetta, Del Sol and Uespedes— were drawn up together, then separated about a yard, with their faces to the wail, from which they stood about two yards. The ragged volunteers stood in the rear and at convenient positions to keep the eager crowd at bay. At this time—seven o’clock—the soldiers were probably ten yards in the rear of those about to die. Clergymen were in the immediate vicinity of the condemned, and now, amid breathless silence, Antonio Fernandez, the functionary deputed to carry out the orders of Governor Burriel, commands attention, and, in a shrill and ominous tone, proclaims the flat of his chief. Perhaps he had noticed some looks of pity inthe throng, or perchance has heard a sympa- thizing word; for, in @ voice harsher than before, he shouts out, “If any one here, by word or act, shall show his feelings in favor of the (condemned he shail die.” And now the time had come, At a signal from the Catalan volunteers in charge, ten men tell into position behind each one of the prisoners, who had meanwhile been separated still further apart, The prisoners, Whose manacies had been removed, were then commanded to kneel and the volunteers ordered to prepare, the muzzies of their guns being some two yards distant from the backs of the prisoners. Just as the final word was about to be given Ryan sprung to his feet, and, facing the volunteers, laid bare his bosom, It was of no avail, for in @ twinkling he was forced to his knees, and in less time than it takes to tell it four souls had taken their fight, their bodies lying prostrate on the ground, completely perforated with bullets. Thus ended the first revolting ex- hibition, THE INHUMAN BURRIEL. The crowd departed in silence.§ Wurriel’s thirst Was quenched for one day atleast. By and by there came two carts to the ground drawn by mules, and a 20 minutes’ journey took the bodies to the cemetery, where a pit was dug, and all four dumped in together just as they fell. WIPING OUT ALL TRACES. I strolled through the graveyard this afternoon, and while in conversation with the sexton was in- formed that were he to point out the graves of the murdered persons he might suffer death, While inspecting the spot where the victims met their Jate I noticed that the ground where they knelt, and which had been saturated with blood, had been carefully scraped, while the wall itself, thor- oughly riddied, had been plastered over to conceal the marks of human brains scattered along tt for full 30 yards, Iam told that fully two-thirds of the bodies were not recognizable atter death. SPANISH OFFICERS BEG POR DEMBETTA’S LIFE. Burriel was inexorable. No justice could in- fluence, no reason persuade him. He was hard- hearted to the last, On good authority I have been informed that on the day preceding the exe- cution 18 Spanisn officers went in a body to the Palace to beg the life of Bambetta, 1 whose hands, while chief of @ rebel force, their lives once lay; but Burrtel was deaf to all entreaties, and the Spanisi suvoticante went away dejected. Yer Butif there was some sembtance of formality in the 1 why rehearse the story with which thé world Is now familiar ? MURDERING THR CAPTAIN AND CREW. Thave already mtimated that whatever show of formality was exhibited towards the victims who perished first, but little time was spent in dealing with Captain Fry and hiscrew, His protestations were as chaff in the wind, He was @ pirate, they said, and that was enough. The accusers were on hand again, and the crew, ignorant of what was going on, were condemned. Fry was a popular man and honest withal, and when the Members of the crew were arraigned in his presence he, in re- Sponse to inquiries, identified the individuals as belonging to his vessel. That was sufficient. To tne number of 37, including the Captain, they were taken from the Tornado and marched to jail, where THE SENTENCE OF DRATH Was read to them by order of Ramon Branderis, Commandant of the Marine. This was on the 6th of November, and the day of execution was set down for the 8th, On the following morning a telegram was received here from Kingston, Jamaica, notifying the English Consul that the war vessel Niobe would leave that port for Santiago. The evening previous, and apprehen- sive lest, with characteristic pluck, her com- mander would interfere in the cause of hu- manity, the time of the execution was changed, so that instead of allowing the Prisoners time for preparation until the morning originally fixed for the execution, they were hur- Tied to their doom, marching in rows of four from the jail. Almost the same heartrending scenes marked the brutal exhibition, which rendered its predecessor so sickening to behold. The manacles from thé 87 men were removed, after which they were ordered vo face the dead wall ina knecling posture. This time THE FRIGHTFUL TASK OF SHOOTING was entrusted to the sailors of the Tornado, who, to their credit be it said, at first declined the ofice. ‘They were, however, finally compelled to perform the dreadiui duty assigned them, though 1 am told when the fatal shots were fired they averted their heads that they might not see the results of their ghastly work. “ ALFARO, about whom so much has been gaid, upon receiv. ing the first wound in the back, sprung from the ground, and, turning to his executioners exclaimed in a tone of anguish, with hanas up- lifted, “Barbaros, por que no me mataron de una vez?’ (“Barbartans, why do you not kill me at once ?") and, staggering back, he fell upon the ground, dead, ‘The sailors, who did their brutal work soreluctantly, took little Or no aim, and in several instances several volleys were required to finish the irightful job, The result can hardly be imagined. Human beings writhed in every pos- ture, and the fearful cries of pain which rent the air sent a thrill all through the spellbound specta- tors. My pen cannot describe the havoc that was made, nor will { attempt to picture the scene, the very recollection of which caused my narrator to pause tor breath, THE LAST BATOH, Was Burriel now appeased? Not at il, for the Niobe had not yet arrived, and, there being no ap- pearance of her on the evening of the 7th, 12 more victims were ordered to the “slaughter house” on the following morning. Poor fellows, they were mostly Cubans by birth, and like the others met their fate heroically, They spoke to | those surrounding them in cheerful tones, and even when pierced with bullets shouted aloud “Cuba Libre,” dying like martyrs, This was the last batch disposed of—in all 53 persons, As in the case of the four frst mentioned the bodies were carted off to the graveyard where pits were dug, Bix corpses, clothes and all, betng huddiea together in every hole. I have good reason for believing that about as many more would have followed in their wake, nearly all having been sentenced to | death or the chaingang, but tor THE TIMELY ARRIVAL OF THE NIOBE, whose commander promptly protested in person against the execution of any persons taken irom the Virginius and claiming the protection of the British government. This checked the appetites of the butchers, who, however, declined to give any information bearing upon the capture of the vessel or touching the nationality. Following this came @ manly and dignified protest from Commo- dore De Horsey, of the English war steamer Danae, in which he emphatically denounced the outrage in unqualified terms. BURRIEL IN FEAR OF JUDGMENT. But now the tide of public opinion began to tow towards the shores of Cuba. Let it be known that Burrieil had never received the sanction of his su- periors for the commission of the crime with which he stands charged. As the horror of the deed be- gan to unfold itself, now that the excitement had temporarily subsided, he saw that justice was on public law or pretext, but a local proclamation of which he or they had never heard, and he has this only time to e his 1, Being hurried in the preparation for death, wishes tnis should be Stated, it being his trae declara: to serve his God, In jail at two o'clock, the 7th of November, 1873. JOSEPH FRY, Master of the Virginius. Enterado del contemdo, El Commandanté de la guard in ae la custodia—E, A LEITER PROM FRY TO HIS WIFE, CORVETTE TORNADO, HARBOR OF SANTIAGO Dk CuBA, Nov. 3, 1873. My Dear Wirk—I am a prisoner in the hanas of the Spaniards, and here again. As far az 1 am concerned [am in luck again, as I am among per- fect gentlemen, who do all they can to show me hospitality and kindness. 1 write these lines to appease your anxiety, as the lies told might cause you uneasiness, I am in excellent health for the present. Kiss Avnie and my children for me and don’t worry about me. Your devoted husband, JOSEPH FRY. FRY’S LAST LETTER TO HIS WIFE. Last Hour. Dear Dire—I have fimshed my career on earth, Have taken communion, done my penance and en- {eyed the sight of seeing Provestant and infidel rought to a state of calm and quiet wonderful ior men who one hour hence will, in all probability, be dead, I enjoy this far more than anything that has happened since we parted. I scarcely teel sorry for you and yours, dear, sweet Dite. I will ve with you, for [have asked of Him, in commu- nion, and Me answers my prayer in letting me die very shortly alter, Dear littie Lize is here. God’s angels are here. Adios to Dite. Ask Charley and Freddy and Aggy to pardon their father’s iauits, Your faithful busband, JOSEPH FRY, A FINAL NOTE FROM HARRIS. SanT1aGO DB CUBA, Nov, 7, 1873, My Drar ROLLINs—I am sentenced to be shot at four o’clock this evening, and have poling to say only I wish you would see Mr, Hillabrand and do all you can for my wile and fam! Hillabrand will tell you all my rights in Virginia, and | leave it all to you and x my earthiy business as weil as you can, My mind 1s ail now on my soul, which 18 soon to be hurled into eternity, with all my sins; but our God is a forgiving God, and Enope to die a Christian, Give my love to all my friends and tell them to think well of me, and also my ene- mies, if possible. 1 am, as ever, your friend and well wisher, J.C. HAR of Marshalltown, Marshall county, lowa, where my wife and children are, Commander Sraine, in Company with Other Americans, Interviews Burricl’s bstitute, General Morales—Visit of the Americans to the Jail—Orders for Better Food and Clothing tor the Ameri- can Prisoners. ON Boarp U.S. SLooP-OF-WaR JONTATA, SANTIAGO DE CuBA, Nov, 30, 1873. Upon the arrival of the Juniata here on the 26th inst, after a splendid passage irom New York, the usual courtesies of the port were extended. Vice Consul Schmitt came on board in the evening and set forth the existing state of affairs, thouzh, owing to the insults he had received from some of the officials, he was unable to impart definite information on some particulars, Mr. Schmitt has through- out the entire affair displayed considerable manliness and ability, as his acts and documents attest, Despite the rude repuises he received at the hands of Burriel he nevertheless persisted in performing his daty to the last, and had his tele- gram to Aspinwall not been intentionally delayed by the authorities there is no doubt that much bloodshed would have been averted, THE AMERICANS’ INTERVIRW WITH MORALES, Commander Braine lost little time in communicat- ing with the Governor General, Moraies de los Rios, the substitute of Governor Burriel, who ran away. Au hour was arranged for ah interview, and on Thursday, accompanied by Commander Cushing, Vice Consui Schmitt, Lieutenant De Long, Lieuten- ant Chipp, Lieutenant Hutchings and your cor- respondent, Commander Braine proceeded to the palace, where General Morales awaited them in the reception chamber. The affair was very formal and dignified throughout, the officers appearing in full dress. The interview was conducted througn an interpreter. Commander Braine opened by stating that he was pleased to meet the present Governor of Santiago de Cuba, because he believed he was humane at heart; in reply to which General Morales stated that it afforded him equal pleasure to meet the Comman- der of the Juniata. The ice having been thus broken Commander Braine proceeded, in a firm though courteous tone, to explain the object of his visit. It was, he said, to obtain the fullest details of the trial, condemnation and execution of the people taken on board the American steamer Vir- ginius. “I may mention,” he added, “that intense teeling prevails in the United States on account of the recent outrage that has been perpetrated on the American flag, The country has risen to a man.” Said General de los Rios, “The affair has given the Spaniards equal concern as regards humanity, but there are certain reasons, which will be made known, and which no doubt will be furnished to the United States government by the proper authori- ties.” Commander Braine then stated that he desired to see the records containing a list of the persons tried, condemned and shot, and asked to see, per- his track, and, fearing more immediate vengeance than he was, perhaps, prepared for, Burriel fled to Havana, It 18 the custom in this ancient spot for the troops to turn out in tuil force whenever the eat | official either comes of goes, In this instance the withered warriors did not appear, but a rumor was abroad that Burriel was about to run, whither no one knew, Inquiries were set on foot, but the report was promptiy and audaciously denied, It now appears that, at two o’clock on the morning of the 18th inst., his bombastic Excel- lency sneaked on board the steamer bound for Havana. Whether he has yet been elevated to the yard arm of an American man-of-war Il have not been advised; but I have little doubt that, once in the hempen noose, he will be hoisted with com- mendavle promptness. Thus the situation remains. Fifty-three souls have already been sent to their last account through the wanton barbarity of a cruel monster bereft of every element of manhood and decency. {subjoin the following letters, which may, per- haps, be read with interest in connection with the sad aifair:— CAPTAIN PRY TO PRESIDENT GRANT. U.S. Grant, President of the United States of America :— sonally and individually, all the persons now alive taken from the Virginius. He did not speak of Americans alone, but all those taken on board the Virginius from under the protection of the Ameri- can flag, The Governor thereupon observed that he must inform Commander Braine that among the pas- sengers of the Virginius were a great many Span- iards. “But,” replied Commander Braine, “the Ameri- can flag has been violated in taking those people from under its protection.” The Governor observed that those persons met their fate under a decree of the government, Commander Braine asked whether that was the decree promulgated by General De Rodas, and the Governor nodded in the afirmative, “Both the United States and British govern- ments,” said Commander Braine, ‘have long since dissented from that proclamation. Besides, our government cannot recognize any punishment while a state of peace exists. There was no con- traband, and, therefore, no right of seizure. These people were not found on the tsland, but were brought here by force, without right.’ The Governor replied with a shrug, stating that he could notenterinto that question, as ne was only a subordinate officer. Mr. PREsIDRENT—My resignation as lieutenant in the United states Navy, dated January 26, 1861, was accepted by the Navy Department; but no ap- plication jor the pay due me has ever even replied to. Unable to find employment in my native land 1 was forced to accept the first office and what leads to my death. The money due me, | am io clined to believe, will be paid to my family when it is known Iam dead. Will you see toit? [ask it of you a8 a brother officer. If the questions of the tne war had been leit to the old officers of the arm: and navy there would have been no war. Cheris! both arms of the service, for they are most free from the taint that corrupts the land. My field of usefuiness to the country has been abridged by proscription. The carpet-bag policy is ruinous to theland. Let Louisiana govern herself. Her pros- perity is that of the whole country, It is treason to do otherwise, Respectfully, JOSEPH PRY. Confederate States Navy. P. 8,—The Spanish officers are very kind to me, but the United States are weak when a vessel can be captured on the high seas, with perfectly regular papers, and her Captain, crew and passengers shot without appeal to the protection of the United States, aF ANTE-MORTEM DECLARATION OF CAPTAIN FRY. Deciaration taken on this day, 7th of November, 1873, er ig sworn on the Bible that these are the true and real words of Captain Joseph Fry, aged 47 years, born in Florida, in the United States of America, and being condemned to death by martial law in the jail of the city of Santiago de Cuba, in the presence of the American Vice Von- sul, E, G. Schmitt, alter making oath to tell the truth on the Bible, &c., and having made deciara- tion and protest, as he does so soleinniy protest be- fore and in the pfesence of the said Vice Consal— declares he is master of the American steamer Virginius, with all his papers, special register of the steamer, crew list, articles, clearance from Kingston, Jam., as also despatch from the Custom House, and sailed on the 23d day of October, with all his crew and passengers to the number of 108, or thereabout, After a few hours at sea sprung & leak and put into a Haytian port for repairs; saiied from the port of Cannit, of the island of Hayti, on the 30th day of October, 1873, and while between the islands of Cuba and Jamaica, about 20 odd miles {rom Cuba, were chased by a steamer and captured about miles north of Morrant Point, east end of the isiand of Jamaica, about ten o'clock at night, the ship having fired several shots on the steamer Virginius and compelled their "- render; the steamer was then taken cl of by @ boarding officer, who that hé did so on his own responsibility, knowing her to be an American vessel and under the pro- tection of the Ameri flag; when the master, Joseph Fry, with cre id passengers, were plac under guard and brought invo the port of Santiago de Cuba on the 1st day of November, in the even- ing; subsequent; having delivered all the pa- ers of the aforesaid steamer when she was cap- 1 chances 3 = ured, he has been refused, ef yamine) LJ ns dd to Of application or appearance before pretection until he has beem condemnes ih under no know With the greatest oart of lis crew. Commander Braine asked at what hour he could see the prisoners of the Virginius, confined in the Jail at this place. The Governor intimated that he could see them at any time. “Then immediately,” said Commander Braine, “But,” observed the Governor, “there are ac- cusators and defenders in each case, and it will be necessary to advise them to be in attendance.” He added that he would appoint four o'clock for the interview with the prisoners, and said that he granted this permission on his own responsibility and out of motjves of humanity, since he had nov received any orders on the subject from his supe- rior oMcers. “And now,” said Commander Braine, “1 beg leave to renew the protest which has already been made by Commander Cushing, and also the protest on behalf of the United States government. I have just come from the United States and can state authoritatively that the feeling and senti- ments of the Spanish government, in Spain, are very much against the acts which have taken place in this city.” The Governor remarked that he had no doubt the affair was very much regretted by the Spanish government on the score of humanity. Commapder Braine asked how many people taken from the Virginius were still living. The Governor replied that there were about 90 persons now in jail; that of these 19 were in the hands of the Naval Court. “I now ask you,” sald Commander Braine, “to promise that under no circumstances are any of these persons taken from the Virginius fo be shot to death until you have notified me beforehand.” ‘The Governor replied in the afirmative, stating that he had already received orders that no further shooting should take place without in- structions from his superior officers. Commander Braine asked if he could communt- cate with his superior oMcers ? The Governor said there was communication by telegraph, Jn reply to Commander braine’s request to com- municate with the government at Washington via Havana and Key West, the Governor said he coud do 80, for he supposed there would be nothing serious in the communication, Commander Braine suggested that an easy solu- tion of this already complicated affair would be to deliver up the people now alive belonging to the Virginius; that as they had been publicly taken trom the protection ‘at the American fag tle should be publicly restored. The Governor in- quired in what manner that could be done, and Commander Braine replied, “By putting them on board the ship I have the honor to command,” The Governor stated that he could not do so with- out orders from his superiors, Commander Braine asked if the people taken from the Virginius were executed by the authority of the highest ruling power on the island or by the government here, The Governor said it was by order of the govern- ment at this place. ++Well,” inquired Commander Braine, “Could not the same power that ordered their execution order their release?” The Goy- ernor replied in the negative. The people were executed by an order previously issued by the Ad- miral commanding the naval forces of the island, or were executed by virtne of an order issued by General de Rodas. “But,” asked Commander Braine, “were there not passengers on board the Virginius?” “But,” said the Governor, “you must recollect that there were many Spaniards among the passengers, and one among them is a deserter trom our army on the island.” ‘Yes,’ observed Commander Braine, “but they were taken from an American steamer on the high seas.” The Governor stated that on the night of the arrival of the Virgimius in this port an order was found issued by the late Captain General, and it was under his order that the trials and executions took place. Commander Braine stated that he would remind the Governor that both the United dtates and British governments protested against that order, and informed the Spanish government that they would not allow any such interference while a state of peace existed, At most the Span- ish government could only confiscate the vessel and cargo. At the conclusion of the interview Commander Braine handed the Governor his protest, in which was forcibly pointed out the unquestionable viola- tion of international law and the outrage de- nounced in appropriate language. The protest closed with a demand to see the official records setting forth the names, nationality and occupa- ton of the prisoners now incarcerated, THE VISIT TO THE PRISONERS. At four o'clock we proceeded to the city prison, which was thronged with officials. Commander Braine’s request included all the persons now liv- ing that were taken from the Virginius, irrespect- ive of nationality, but there seemed to be some misunderstanding on this*point, as the Alcalde de- clined to allow any of the prisoners to come for- ward except those claiming American citizenship, The Governor was finally appealed to; but, it seems he also misunderstood the request. In ref- erence to the capture of the Virginius, the prison- ers were not allowed to be interrogated, but ox all other points tree scope was allowed. In all THIRTREN PRISONERS PRESENTED THEMSELVES, namely:—Henry Knight and Charles A. Knight, of Greenwich street, New York; William Wilson, of Baltimore; Alfred Parker, Baltimore; Edward Scott, Salem, J.; Leopold Rizo, New Orleans; Arthur Rivera, Hudson street, New York; Henry Canal, Second avenue, New York; Philip Meitz- ler, Charleston, S. O.; Ramon Ardiamos, New York; Manuel Meneais, Philadelphia; Silbeno Escarel, New Orleans; Francis V. Tapia, Houston street, New York. The prisoners were wretchedly clothed, many of them being barefooted, and all wearing traces of deep anxiety and privation. Henry Knight, in response to several interrogatories, stated that he was 16 years of age; lived at 74 Greenwich street, New York; went on board the Virginius more by invitation than anything else; worked in the engine room, In response to the interrogatory, “What do you need?” he an- swered “I need food more than anything else.” He said the prisoners were fed poorly, of beans and rice, and had no means of keeping themselves clean, There was only one tub in the prison yard for 100 men. Had neither soap nor towels, He had already been tried, but did not know what his sen- tence was. Charles A. Knight, brother of Henry Knight, said he was an engineer and substantially corroborated the evidence of the previous witness, Had no clothes and could hardly eat the food given in the prison. William Wilson, aged 24 years, was 4 seaman on the Virginius. Had no clothes except what he stood in, and said he could not eat the rice and beans given in the prison. It was served out twice aday. He had noshoes. All the clothes and pa- pers belonging to the people on the Virginius were taken away in the Virginius and never returned, He had already been tried on the Francesca de Borgie. Could not speak Spanisn and did not know what he was tried for, Nobody appeared in his behalf, The trial lasted ten minutes, but he could not understand what it was ail about. He Was notasked any questions. Did not say any- thing. They asked Captain Fry if he recognized me as one of the crew and that was all. Alfred Parker (colored), aged 31 years, of Balti- more, said he was @ seaman on the Virginius. Corroborated the others as to food and clothing, and said there were no beds to lie on, The prison- ers were not allowed to speak loud, but they were permitted to converse in low tones in the cell. There were between 40 and 50 persons in one cell, which was about 30 by 40 feet. Edward Scott, a young lad of 16 years, of Salem, N.J., said he acted as pantryman on board the Virginius. Had no clothes. There was plenty to eat, such asit was, but he could not eat it. Leopold Rizo, 25 years old, said he lived in New Orleans. Had studied law in Havana. He went on board the Virginius as a passenger at Kingston, Ja., bound for Port Limon. His clothes had beeu taken away. Arthur Rivera, Henry Canal, Philip Meitzler, Ramon Ardiamos, Manuel Menesis, Silbeno Escarel and Francis V. Tapia were also passengers for Port Limon, and were in the same predicament as the others in respect of clothing. BETTER FOOD AND CLOTHING ORDERED, Those were the only persons permitted to come forward, a8 none others, it was said, claimed American citizenship. issued by Governor De Los Rios, providing better food tor the prisoners and also authorizing the Alcalge to furnish them with suitable clothing. EXAMINING THE RECORDS AT THE JAIL. The following morning a communication was re- ceived by Commander Braine from the Governor, authorizing him to visit the jail and examine all the records so faras related to the age, birth- place and occupation of the people taken from the Virginius, I cannot say that the officials were overjoyed at our presence, but they submitted with all possible grace. I can assure you the feeling towards us is by no means encouraging, though they raanage to smother their insolence in a praiseworthy manner, It is the in- tention of Commander Braine to visit the jail to- Morrow, and ascertain whether the orders of the Governor have been carried out so far as the food and clotning of the prisoners are concerned. If not, he will himself undertake the task and await results, @1 may add that the written reply of Gover- nor de Los Rios was somewhat evasive in its character, though couchew in courteous terms, He concluded vy asking Commander Braine not to sendany more diplomatic communications to him, as, being @ subordinate oficer, they, embarrassed him, * THE ARAPILES BLOCKADE. Efforts Being Made to Raise the Coal Barge. Efforts are being made to raise the sunken coal barge Upland, which went down, with 300 tons of coal, in front of the Sry dock at the Brooklyn Navy Yard at @ quarter past two o’clock on Saturday morning last. Yesterday the tugboats Cyclops and Lackawanna, of the Coast Wrecking Company, in charge of “uperintendent 1 J. Merritt, steamed into the waters of the yard and moored near the spot where the barge went down. Two divers went to the bottom and made a survey of the wreck. Alter remaining beiow for half an hour one of the divers came up and reported that the barge was lying across the bottom of the dock, Which latver projects out in the of an arrow head. The vessel 13 liable to brei two, The mud at the outer point is five feet deep and ranges to two and @ ball feet in depth near the main dock. The barge is kecled over on her side, and, should she break— Which 14 not Improbable—it will require two weeks to clear away the débris. oMcers of the Ara- les are becoming reconelied to their unavoidable go because the digapea Ti war cloud has a ppeares he Navy Yard'émployés were paya off yesterday, pad dereMnibedse with wtofoa, * VeNwahre An order was subsequently | PRESIDENT MACMAHON'S PROSPECTS The Coalition of Conservatives vs. the Nation-» Troublous Times Coming. t Pastis, Nov. 27, 1673, The election of Marshal MacMahon to & seven years’ Presidency of the French Republic is an event of which the full significance may not have struck all Americans, The first impression would be that France was now assured of seven yearat rest; but second thoughts will show that thia im- prudent election has simply prepared a new era of revolutions. Foreigners cannot afford to r i such @ prospect with indifference, France plays 60” noisy & part in the world’s affairs that all nations have an interest in seeing her quiet, and it ta, therefore, important to examine what are the cen- ditions under which MacMahon’s rule will be inau- gurated and what presages may be drawn from | these conditions. We may at once express the belief that none ef France’s impending troubles will come from MacMahon himself. The Marshal is no genius, but he is honest, and in his own stolid way will do hie best to govern impartially. It may even be said that if he had been elected for his seven Years’ term six months ago his government would have proved popular and strong; for, until recently, MacMahon was supposed to be a disin~ terested soldier, averse irom party intrigues, and his name, consequently, nad a weight and prestige which placed it outside and above other names, Unfortunately the royalists have compromised MacMahon, Using his name as a oover to their in- trigues and arbitrary oMcial acts they have dif. credited it; and the new Prestdent, instead of being acclaimed by the liberal conservatives of France, has become merely the nominee of a party and, what is worse, of a disorganized and divided party, who represent only a minority of the nation. The faction which has p.aced MacMahon tn power, is, indeed, made up ot legitimists, constitutional royalists, a few Bonapartists and some weak- kneed republicans, all of whom are well aware that if a general election were held at this me- ment the members returned would, for the most part, be thoroughgoing republicans, who would choose Thiers for their President and not Mac- Mahon, ‘These coalesced conservatives have, therefore, combined to seat a President tn delibe- rate opposition to the popular will; but how long can their anti-liberal union last and how wilt MacMahon be able to retain bis power if once that union should be broken? Anew con- stitution will shortly have to be debated on, and here the conservatives are almost certain to split. Legitimists and constituttonalists have been able to agree about a President, but they will not keep together on questions of universal suffrage, the composition of an upper house and the independ- ence of muncipalities; whereas on all these points the large republican minority will vote compactly irom first to last, What then if on any of the con- stitutional clauses the conservatives should be beaten? The President may dismiss bis Ministers and summon a more liberal Cabinet, which would hold together till the dissolution of the Assembly; but then there will be @ general election and one of two things will happen: eitner the country will vote in its present mood and returp an over- whelming majority of republicans pledged to a distinctly liberal policy, or by dint of administra- live pressure the constituencies will be brought to elect a majority of royalists, who will instantly commence intriguing again to restore a xing, But in either of these eventualities MacMahon’s post- tion will be most precarious; and he wiil stand between the alternatives of resigning or keeping his Presidency by an act of violence—that is, by & coup d'état. For let us consider the first hypothesia, If the next election should result in @ republican tri- umph the new Assembly will not be content with such a compromise as a semi-royalist, semicliberat Ministry, but will insist on a Cabinet of its owa men—that is, politicians like MM. Jules Simon, Grévy and Gambetta. Now MacMahon has de- clared that he will govern only on ‘conservative principles,” in other words, that he will not ac- cept such Ministers as those just named. He would, therefore, be compelled either to retire be- fore the republican majority orto defy it; but in the latter case he would be repeating the game which Charles X. sought to play in 1830 and which led to arevolution. On the other hand, supposing @ royalist Chamber to be returned, MacMahon would then be surrounded by*his own friends, But these friends do not conceal that they have only | put up MacMahon as a stop-gap and that if they could command a working majority in the Legisia- ture their immediate object would be to restore a monarchy. Ifthe President submitted with a good grace tobe thus ousted matters might pass of smoothly, but itis fust possible that he might ob- ject to having his Presidential term cut short, and thereupon strange things might ensue. With the royalists and Bonapartists both hostile to him there would be nothing left for the Marshal but to cast in his lot with the re- publicans; or, relying for his support on the army and on such personal adherents as he might have in the Chamber, to rule in despite of royalists, im- perialists and republicans combined. This, how- ever, would be prtorianisu. It would be the be- ginning of a period of military despotism and pro- scription recalling the days of Rome in her decline, or of Spain during the times when Narvaez, O'Don- neland Espartero, turn by turn, seized upom the government with their soldiery; and it would re- duce France to speedy ruin. But, to do MacMahon justice, he is not the man to prolong his tenure of omMice by such means, Rather than come to war with the royalists he would resign; but, this being 80, itis obvious that, whatever be the results of the next elections, MacMahon’s presidency will scarceiy last for atwelvemonth after them. The Left Cen- tre republicans who voted for the seven years term the other day would have done well to reflect on these things before they foolishly let themselves be begutled into abetting the schemes of the royalists, Look at it which way we will the elec- tion of MacMahon means contusion, unrest and conspiracies without end. Appointed to maintain order, the new President will lve amid perpetual disorder; and conservatives who are attached to no particular king or pre- tender, but seek merely the wellare of their coun- try, will soon discover to their cost that true cons servatism would have consisted at this juncture in electing M. Thiers. During his two years’ Presi- dency M. Thiers showed that he could maintain order while giving the nation full freedom, and his rule was popular in consequence. It was, in fact, essentially the rule of honest conservatism eq ually remote from despotism and from anarchy. M. Thiers represented a plain principle, that.of moderate republicanism; MacMahon represents. nothing but such oppressive and antiquated theo- ries of government as the Empire bequeathed. It ‘Thiers had been restored to power republicanism might have been definitely established in France, and the distracting cycle of that country’s revoiu- tions might have terminated; but even if Macla, hon succeed in retaining oMce for two or three years he will have founded nothing, People-wilt simply say of him that he was @ plagiarist of the Napoleons, and many will conclude that, since Ca sarism exista in form, It might just as well be re- stored In name. rj A TERRIFIC HOUSE TUMBLE IN NEWARK. Narrow Escape of Workmen from Being Killed, In Newark yesterday forenoon a frame building, in course of erection and nearly-completed, on the corner of Sixteenth avenue and Cabinet street,/ was blown down by a heavy gust of wind, On the root of the building were Obaries Rowle, Fritz Gruber, Uharles. Arnold, Adam EH ang Oscar Fredria. When they felt tho building going with them they laid flat on the roof, and all escaped injury, except Arnold, who was badly bruised. A 4ixth man, named Martia Stickle, likewise had a narrow escape. The house Was being built on George Herman’s property by Beda Voight. ‘The latter will lose $1,290 by tne oc. currence. He claims that the house was very aut- stantially built; but the opinion ts divided ag ta whether tt was the wind or the bulldimg that was very weak, The tumble down caused @ torciia crash,