Jeanie Mort Walker.

Life of Capt. Joseph Fry The Cuban Martyr.

Hartford: The J. B.Burr Publishing Co., 1875.

CHAPTER XV

On the twenty-third of October the Virginius sailed from the harbor of Kingston, Jamaica, having been regularly cleared by the American consul, and every precaution taken to provide against any irregularity or violation of the law.

They left the wharf amid loud and repeated cheers, and were accompanied a short distance out by a large number of Jamaican and English residents. Among the excursionists were the Peruvian consul, Mr. De Cordova, who made the men a most eloquent address, which was received with shouts of applause; Dr. Manuel Govin, through whose patriotic efforts alone the Virginius was enabled to leave the port; Captain Uran, of the British ship West Derby; and some sixty others.

After the melancholy finale, Captain wrote to the brother of Captain Fry, making the following important statement respecting the clearance of the Virginius from the port of Kingston:-

“British Ship West Derby. Mobile, November 20, 1873”

“Mr. Walton Fry, corner Camp and Julia Streets, New Orleans.”

“My dear Sir, and Brother Sufferer: Within enclosed you will find a letter of introduction from your brother, Captain Joe Fry, Commander of the United States steamship Virginius, with who, I was well acquainted, having met him several times at the port of Kingston, Jamaica. On his departure from that port, myself and several other gentlemen, including the custom house officials, accompanied the United States steamship Virginius clear of Port Royal, on which occasion, and for our convenience, the government steam launch was kindly placed at our disposal.

‘The above-named steamship cleared from Kingston, Jamaica, as a bona fide passenger ship, under the United States flag, this fact being previously verified by the commander of a United States ship of war.

“On the twenty-eighth of October, the West Derby, under my command, left Port Royal. From the twenty-eighth to the thirtieth, we had light winds and calms. On the thirtieth, at six A.M., nautical time, made Portland Point, bearing north; distance from the Point about two and a half nautical miles. Was boarded by the Virginius. Heard no complaints from Captain Fry of being short of coal. They were then all well, Captain Fry, Mr. Ryan, and other friends whom I had met at Kingston, including my dear brother, who was the only British subject on board the Virginius.

“On my arrival at Mobile, to my great surprise, I heard of the massacre of the whole crew and passengers of the United States steamship Virginius. I have minutely examined the crew list, and do not find there any one’s name of whom I have any recollection. I verily believe the names are fictitious. I am prepared to state that the whole of the crew was bona fide shipped before Mr. Nunes, acting United States consul at Kingston.

“I am, dear sir, and brother sympathizer and sufferer,

“Yours truly,

“Thomas Uran, Master British Ship West Derby, Mobile”

“United States Steamship Virginius, Off Portland Point, Jamaica, October 30, 1873.

“Dear Walton: I have no time to do more than to introduce Captain Uran to you. He will give you the latest news.

“Yours, Joe”

The excursion had nearly proved a fatal one to Dr. Govin. When leaving the Virginius for the steam tug which was to convey the party back to Kingston, and which had accompanied the Virginius out for that purpose, the ladder gave way, and precipitated Dr. Govin, and the pilot, and another gentleman into the water. A heavy sea was running, and the steam tug bumping against the side of the Virginius, so that escape from death seemed almost impossible, as they necessarily fell between the Virginius and the launch. To add to his danger, Dr. Govin was quite lame from a severe fall he had met with a few days previous; and more than this, the pilot, a very heavy man, had clutched him in the water, and was holding him down. When the alarm reached the cabin, General Ryan, who was dining, rushed on deck, and throwing off his coat, jumped overboard, and at the peril of his own life, rescued the drowning men. All honor to the gallant act of the Cuban patriot, General Washington Ryan! Nor was this the only noble act of his life. Through his coolness and bravery a sailing party of eight gentlemen were rescued from a watery death, the previous summer, having been upset when sailing on the river opposite Washington City. “The evil men do lives after them; the good is oft interred with their bones.” Let the name of Washington Ryan prove an exception to this saying; let us forget all his alleged frailties, and remember only these heroic deeds.

Eight young Cuban patriots, mere lads, who had concealed themselves in various hiding places on the vessel, hoping in this way to elude the vigilance of parents and guardians, and reach the Cuban army, were, to their great regret, discovered in time to be sent back with the excursionists on the steam launch.

After running into Jeremie for repairs, having sprung a leak, the Virginius landed at Port-au-Prince on the twenty-seventh of October, and took on board, under cover of the night, a large quantity of war material, which has been described as consisting of five hundred Remington rifles, a number of Spencer and Winchester rifles, four hundred revolvers, six hundred sabers, and a large amount of ammunition, besides clothing, medicines, and provisions; being the largest convoy of war material ever sent out at once to Cuba.

The papers of the vessel being all en regle, the Spanish consul was not able to detain her or do anything against her. She was however, ordered out of the port by the government, and, after having got her cargo safely on board, is said to have left in such haste as to leave her anchor in the harbor.

The Virginius, since her last daring exploit, had been closely watched by the Spanish authorities; and on the thirtieth of October, a telegram was received by the Spanish consul at Kingston, from Santiago de Cuba, asking for information respecting her movements. The consul replied that she was in the vicinity of Morante Bay, Jamaica. This information was at once communicated to Castillo, commander of the Spanish man-of-war Tornado, then lying in the harbor of Santiago de Cuba.

The Tornado, on receipt of the intelligence concerning the Virginius, immediately started in pursuit.

On the thirty-first, she came in sight of her, and gave chase. The Virginius changed her course toward Jamaica as night closed in, the Tornado gaining on her, though petroleum and fat were used for fuel, and the cannon, arms, and ammunition were thrown overboard to lighten her.

The Tornado, when within gunshot, fired four shots and a shell. This brought the Virginius to; when the Tornado sent two armed boats alongside, took possession of the vessel, and made prisoners of all on board.

The passengers and crew had determined to blow up the ship rather than fall into the hands of the Spaniards; but Captain Fry, in the integrity of his own heart, trusting to the honor of others, said, “I want to save you. This is an American ship; she has American colors and American papers, an American captain and an American crew. We have neither arms nor ammunition on board; we have only passengers, and are going to Port Limon, Costa Rica.”

Believing that upon the statement of these facts the authorities would not dare to interfere with the passengers or the ship, they surrendered. Captain Fry showed his papers, and protested against the capture in the name of the American government, and placed his ship, his passengers, and himself under the protection of the flag of the United States.

In reply the Spanish officer said, “I do not care what flag the ship carried; it is a pirate ship, and you are all my prisoners.” Turning to a subordinate, he ordered, “Take down that d---ed old rag, and hoist the Spanish flag!” When the American colors were hauled down, the Spaniards kicked and trampled upon it, and applied to it the most opprobrious epithets. Addressing the Spanish officer, Fry said, “If my men were armed, you would not thus treat the American flag with impunity.”

Captain Fry, Rizo, secretary of Del Sol, and interpreter of Fry (from whom I have these details), and eight others were placed in the cabin, until they reached Santiago.

All the prisoners, with the exception of these ten, were transferred to the Tornado; and placing a prize crew on the Virginius, they sailed for Santiago de Cuba, where they arrived at five P.M., the next day.

Castillo, the commander of the Tornado, made the following report of the chase, capture, and boarding of the Virginius to the naval authorities at Havana. It is dated from Santiago de Cuba.

“In conformity with orders received by me, as commander of the corvette Tornado, to carefully watch the coast between Cape Cruz and Santiago de Cuba, I left the later port on the twenty-ninth of October. On that night I cruised in close proximity to the land between the points indicated, being led to believe by certain calculations, that whatever might be the maneuvers of the Virginius during the night, it was evident that during the day she must lie well off, partly to avoid being seen, and partly to reserve her resources until the proper moment for landing should arrive.

“During the night of the thirtieth instant, we continued our cruise without incident, and had started a new course at daybreak next morning, when the man on the lookout reported seeing the smoke of a steamliner proceeding in the direction of Jamaica. With a view of ascertaining what she was, and at the same time to save as much fuel as possible, we followed her, hugging the coast for about eighteen miles, when she changed her course to south-east by south.

“From the first moment that we saw her, there was great activity on board, the whole of the steam power from all the boilers being brought into requisition; and at about half past two o’clock in the afternoon, we commenced to give chase. The position and course of the vessel principally, if no other reasons, led me to believe that this craft was none other than the filibuster Virginius; for I imagined that she was proceeding from Jamaica to Cuba when we saw her, but failing under the circumstances to land on the Island of Cuba, she had turned about again for Jamaica. These suspicions were confirmed by her sudden change of course, and the evident activity on board to make all the speed possible, as flames could be seen emanating with the smoke from her funnels. In addition to this, we now saw, by the light of the moon, when she changed her track, her two smoke-stacks and paddle-boxes. I instructed the engineer to carry on all steam possible, and drive our vessel through the water as quickly as he could. Owing to the darkness, we thought she was about five miles ahead, and hoped to overhaul her before she made Point Morante.

“At half past nine, while in her immediate neighborhood, we fired five shots, and shortly afterward sent out two boats, under the command of Don Enrique Pardo and Don Angel Ortiz, with orders to take possession of the Virginius in the name of the Spanish nation. The report of these officers has already been made, and I content myself with informing you, that at eleven o’clock at night, the Virginius, flying the Spanish flag, was headed for Cuba, having on board a prize crew, after we had removed the bulk of the prisoners on board our vessel.

“The cargo of arms and war munition was thrown overboard during the chase, but the empty cases fell into our possession, including cartridges and other articles, which are included in the inventory which I have already handed in to the authorities. The enthusiasm of the crew simply baffles description, when success crowned our efforts. The prisoners were treated with such consideration as their character deserved, and the necessity of their safe-keeping demanded. The Virginius, under our convoy, reached Santiago de Cuba on the first of November, at five o’clock in the evening, when our arrival was made the signal of a genuine outburst of patriotic enthusiasm.

“The importance of this expedition, when the number and rank of the prisoners are considered, cannot be overrated.

“Upon my arrival in port here, I gave official information of the capture to the authorities, and what must now follow has to be dictated by the officers of justice. In conclusion I have only to add that I congratulate all the officers of the Tornado, from the highest to the lowest, for the severe lesson that they have given to the enemies of our country.

“Dionisio Castillo”

The report of Midshipman Don Angel Ortiz Monasterio was as follows:-

“On Board the Tornado, Santiago de Cuba,

November 2, 1873

“In consequence of instructions received from you, to proceed and capture the ship which you had chased during the afternoon and at night of the thirty-first, I embarked in the quarter-boat of this corvette, accompanied by the first engineer and four firemen, besides the boat’s crew, which was indiscriminately made up of persons from all classes of the sailors and troops on board the ship. In those moments of enthusiasm it was impossible to prevent those who wished from embarking in the boat. Having pushed off from the ship, I directed my course toward the steamer chased. At nearing, and finding her full of people, I remarked that any aggression on their part would be energetically chastised by our forces. After this the boat came alongside the steamer, and was, with my assistance, made fast to her. At the same time I ordered all the people on the boat to board the chase, which was properly effected after I had boarded. As soon as I found myself on the deck, I inquired for the captain. As soon as he presented himself, he said that the ship was the American merchant steamer Virginius, whose papers I demanded, and they were delivered to me. I notified him that from that moment the ship was captured, and he and all the crew and passengers were prisoners at my orders. At the same moment I ordered our people to take possession of the helm and ship, commissioning the first engineer to take charge of the engine, telling all of them that our presence there would be no obstacle in the way of the corvette’s sinking the ship as soon as any aggression might be noted, and that every attempt to disable the machinery, boiler, or ship would be immediately and energetically punished by the forces under my orders. In possession of the ship, I learned from the first engineer that the engine was in working order, although it suffered from defects which I shall mention further on. Midshipman Don Enrique Pardo having opportunely arrived with reinforcements, in another boat, I ordered him to remain on board with half of the crew, and proceed to embark the prisoners, in conformity with the orders which you had given me. Having completed this task with the aid of the boats that successively arrived, with the exception of the captain and sixteen persons, the people on the Virgnius were transferred on board the corvette. The midshipman of the navy, Don Enrique Pardo, from the first moment of his presence on board, accompanied by some of our sailors, made a scrupulous search of the ship, finding in the forecastle a considerable number of people, whom I ordered to retire to the quarter-deck, to send them to the corvette under your command. I must observe, that even after I was on board goods belonging to the cargo were thrown into the sea from the prow.

“After finishing the disembarkation of the prisoners, and securing the disembarkation of those who remained, I had time to examine the state of the ship, which was in a very lamentable condition. The furnaces were not only dirty because of the considerable quantity of grease and hams which they had been fed, but also the machinery and the packing were in bad condition; for they had suffered much during the chase.

“The vessel was making a considerable quantity of water at a badly calked point which is toward the prow, and below the water-line generally, on account of the bad condition of the bottom; for she has labored much during the chase. It not being possible to reach the forward section of the ship, for want of means of communication, the rest of her and the machinery were attended to. Her aspect was truly repugnant. She was not only full of grease and broken boxes, that served as packing to the rest of the cargo, but also in a notably abandoned condition. The dead angle of the port-hole was very much damaged, because from this place the cargo of arms and ammunition was thrown into the water, to do which they had mounted a block and pulley, that as yet remain in the same place. The cabin was in disorder, trunks open, clothes thrown about, portmanteaus entirely destroyed, and in all parts of the ship unmistakable signs that everything of any value had been thrown into the water. Not only were there open arm-boxes there, but even cartridges of rifle and revolver, boxes of leather, belts, machetes, and insurgent cockades. Under the coal there are barrels, but it has not been possible for me to divert the people’s attention to examine them, because I could not neglect guard duty, which has been strictly attended to without intermission. Saddles, insurgent buttons, and a portion of papers and effects that were scattered about in all directions, have been gathered up by my orders. After finishing the work of transferring the people, the officer, Don Enrique Pardo, returned to the corvette, and I confided to him the papers which the captain had delivered to me, so that he should place them in your hands, and by him I informed you verbally of all that had happened; the state in which the ship was found; the measures that had been executed, as also of having taken down the American flag, which, as a pirate, the ship could not be permitted to use, and raising instantly our standard. After finishing the capture, transferring the people, and dictating the measures which at each moment I thought urgent, and finding, upon proof, that the engines were in working condition, the second officer of the corvette came on board to take command. I made formal delivery of it to him, reporting the services of the individuals who had accompanied me…

“I profit by this occasion to congratulate you for the very signal service which you, with the ship under your command, have lent to the country, due to your intelligence, energy, and enthusiasm. I am also requested by the individuals who are at my command to compliment you for the well-directed orders which you gave me.

“God guard you many years,

“Angel Ortiz Monasterio”

Henry King, an engineer on board the Virginius, and one of the prisoners who were liberated, gave the following interesting account of the chase and capture, as viewed from the American point of view :-

Henry King, engineer, a native of Chester, England, states that he arrived in Kingston, Jamaica, in August last. When the Virginius arrived there, he was looking for a situation, and hearing that the ship was going on a coasting trip, and was in want of an engineer, he applied for the position. His application was favorably received by Captain Fry and the chief engineer, and in company of the latter he proceeded to the office of the American consul, and signed the ship’s papers. The next day the vessel sailed. He did not know her exact destination, and supposed that she was on a coasting voyage, and would put into a number of ports. He had no idea that she was in the service of the Cubans, and never saw ammunition or arms on board. After the ship had been two days out, she began to leak slightly in the forward hold, and she was run into Jeremie for repairs. After these were made, the ship proceeded to Port-au-Prince, and took in provisions. On the way part of the machinery had broken down, and had to be repaired before the vessel could proceed. The day after leaving Port-au-Prince the Tornado hove in sight on the starboard bow. She was under full sail, but did not seem to have her fires lighted. Some two hours after she first came in sight, she began to steam, and it was then evident that she desired to overtake the Virginius. Smoke and flame issued from her red-hot funnel, and she gained rapidly on the pursued vessel. The chief engineer then came into the engine-room, where King was on duty, and told him the situation of affairs. He ordered the stokers to fire up. It was then found that the furnaces were very low, and, in order to make steam, hams, bacon, and lumps of fat meat were thrown into the fire; but still the Tornado gained rapidly. The Virginius, at her best speed, only went about eight knots. At this time the sun had set, and it was beginning to be dark. A little after nightfall the first shot was fired from the Tornado. This went wide of its mark, however, and did no damage. Those in the engine room became very much alarmed. They were quieted by one of the crew named Thompson, who came to the room and said, “They are near to us, boys, but never fear. I can see the lights of Jamaica ahead. We are in English water. I am an English subject, and they won’t dare lay hands on us.” Thompson’s boast was a vain one. He was afterward shot. He had scarcely finished speaking when a shot from the Tornado struck the smokestack of the pursued vessel. Orders were given to stop the engines, and soon after the Spaniards came on board. Their chief engineer came at once to the engine room of the Virginius, and examined her machinery. He spoke English fluently, and stated that although in the Spanish service, he was an American citizen. After the engine and boiler had been examined, all the passengers and crew were called aft on the quarter-deck, and all clothes and valuables were taken from them. A gold watch and seven pounds in English money were stolen from King. After the passengers had been stripped of everything of value in their possession, they were taken on board the Tornado. A part of the crew were left on the Virginius. Next morning he and eleven others were taken out of the hold, where they had been bound, and conveyed on shore. All the other prisoners were found on the pier. After examination at the prison, Mr. King alone was taken on board the Spanish man-of-war Bazan. The ship was lying in the harbor about forty yards from shore, and from her decks he afterward plainly saw the execution of Captain Fry and the rest of those killed with him. Some of the prisoners who were no killed by bullets were run through the body by the swords and knives of the brutal soldiers. Three days after the execution, Mr. King was taken to prison, and remained with the other prisoners until released and placed on board the Juniata.

As the Tornado steamed into the harbor with her prize, loud shouts were heard from the Spaniards on shore, and so fierce were the demonstrations of the volunteers, that, for the first time, Captain Fry became seriously alarmed as to the result. Turning to Rizo, he said that he feared no pity would be shown to them, adding, “Should you escape, go to my friends and family in New Orleans. Be to my wife as a son, in telling her of my last moments. If I die, it will be for the Cuban cause.”

Though doubting the possibility of escape, Rizo promised to do so, which promise he faithfully kept.

A court-martial was held on board the Tornado on the second of November, all the crew being tried as pirates. All findings and sentences of the court were sent to the captain general in a sealed package.

After the mock trial, all but Ryan, Del Sol, Varona, and Cespedes, were placed in the city jail. At six A.M., November fourth, these four “insurgent leaders” were shot in the presence of the volunteers and a crowd of citizens.

Burriel, the commander of the Spanish troops at Santiago, communicated the information to Captain-General Jouvellar in the following dispatch :-

“Santiago de Cuba, November 4, 1873.

“To his Excellency the Captain-General,

“At six o’clock this morning were shot in this city, for being traitors to their country, and for being insurgent chiefs, the following persons, styling themselves ‘patriot generals:’ Bernabe Varona, alias Bembeta, general of division; Pedro Cespedes, commanding general of Cienfuegos; General Jesus del Sol, and Brigadier-General Washington Ryan. The executions took place in the presence of the entire corps of volunteers, the force of regular infantry, and the sailors from the fleet. An immense concourse of people also witnessed the act.

“The best of order prevailed. The prisoners met their death with composure.

“Burriel”

Mr. Coffin, the second mate of the Morning Star, which was lying in port when the Virginius was brought in, and who witnessed the execution, gave the following graphic description of the memorable scene. Mr. Coffin is an intelligent young American, and his narrative was corroborated in every detail by other officers of his ship. He says, -

“The Virginius was convoyed in by the Tornado and another Spanish man-of-war on the evening of the first ultimo. It is not true that the inhabitants of Santiago were wild with joy; on the contrary, they were excessively quiet, and no demonstration whatever was made. The American flag, which had been borne at the masthead of the captured vessel, lay conspicuously upon her quarter-deck, to be trampled upon by her captor’s crew, and was not removed until the next evening. On Sunday afternoon the prisoners were landed by the Tornado’s boats. All, with the exception of Ryan, Varona, Del Sol, and Cespedes, had their elbows pinioned behind, and their hands handcuffed in front . . . After they had all been draw up upon the wharf, they were marched in the center of a strong guard to the prison. At a quarter to seven on Tuesday morning, Ryan, Varona, Del Sol, and Cespedes were conducted to the slaughter-house – a walk of about ten minutes. Ryan wore a blue shirt over his white one, with a silver star on his breast, and trudged gaily along, smoking a cigar the entire route, not throwing it away until the moment came for the firing . . . The American consul having attempted a protest, General Burriel placed a double row of sentinels around the consulate, thus keeping our representative a virtual prisoner until after the butcheries.”

Captain McArthur, of the Brilliant, also witnessed the executions, and gave the following account :-

“On the morning of the fifth, they were removed to the place of execution, about a mile from the jail. The victims were surrounded by a strong escort of Spanish soldiers. Varona and Ryan, calm and collected, marched amidst the yells and vociferations of the infuriated Spanish crowd. The party arrived at the place of execution, and Cespedes and Del Sol were forced to kneel, in which position they were shot in the back. The soldiers next directed Ryan and Varona to kneel in the same way; but they refused, and were seized and thrown down. The two victims begged to be allowed to die standing, and, having offered further resistance, they were murdered as they stood. Ryan was not instantly killed, but a Spanish officer stepped forward and thrust his sword through Ryan’s heart. Varona died easily. Then down came upon the corpses, still warm, the bloodthirsty mob, who severed the heads from the bodies, placed them on pikes, and marched through the city.

“Fifteen officers of the Spanish army, who had been made prisoners on the battle-field by Varona, and released by him, were present when he landed; and they went to the governor of the city, and begged his life should be spared, since he had given them theirs. This was refused.

“After the execution, foreign vessels were prevented from leaving in order to stop the circulation of the news. The Spaniards took possession of the telegraphs, and would not allow any one to communicate through them, not even the foreign consuls. The American vice-consul, on hearing that Ryan was to be shot, waited on the governor, and demanded his restoration as an American citizen; but the governor refused to listen, on the ground that the consul was not well informed in regard to the matter. The Spaniards informed the consuls that they were acting on their own responsibility, and did not even intend to communicate with Madrid.”

Mr. George W. Sherman – an American citizen, who was imprisoned by the Spanish authorities for taking sketches of the fearful scene – wrote thus to the New York Herald:-

“I have been residing for some time back in Santiago de Cuba, and saw these wholesale executions, or rather butcheries. I will give you the following details concerning the first four men killed . . . The slaughterhouse is about sixteen hundred feet square, which gives a lineal footage to each side of about four hundred feet. The men in question were placed in front of this place, which is an adobe building of about thirteen or fourteen feet in height (in which are imbedded thousands of bullets), with an overhanging roof; while on the ground a gutter has been constructed to receive the rain which may trickle from off the roof.” . . . (The details which here follow are the same as given by the preceding narrators. He then continues.) “The soldiers who had been detained to do this work by General Burriel were wretched marksmen. After this a number of cavalrymen came on the spot, and rode their horses over the bleeding corpses till they were in an almost unrecognizable state. The four heads were cut off, and placed on poles, and carried around by the people in triumph. The bodies, or rather what remained of them, were then placed in a cart, and taken out to a marshy spot, about a mile from the place of execution, and dumped out like a load of dirt in an open ditch . . . I endeavored to make some sketches of this harrowing scene, and for this I was arrested, and thrown in jail, and was not released until I had been kept three and a half days in that noisome pen.”

General Bernabe Varona was young, handsome, brave, courtly, and gracious. Jesus del Sol left a wife and two children utterly unprovided for.

Santa Rosa, the fifth victim, was with Lopez in 1851, and was a companion and intimate friend of General Crittenden, of Kentucky, who, with fifty other young Americans, was shot in the yard of the Castle of Atares. When the present revolution broke out, Santa Rosa, with twelve others, went though the island raising he battle cry. He was captured by the Spaniards, taken to Havana for trial, and incarcerated in Moro Castle, but was afterward released by order of Captain-General Dulce. He was again captured in 1870, but gained his liberty through the intervention of the State Department at Washington. Santa Rosa was about sixty-three years old, very brave, and very eccentric; of violent temper, but good-hearted, and very devout. He never went into battle without praying that God would have mercy upon the souls of the Spaniards who might be slain.

The whole American press united in accordant condemnation of these brutal murders, as alike a violation of the American flag, and of every dictate of civilized humanity.

Considerable surprise was felt that the Virginius should have been so easily overtaken by the Tornado; and it was even thought that there must have been treachery on board. The statement was made in a letter to a Cuban merchant of New York, and confirmed by Captain Price of the bark Azelo, who was in Santiago at the time, that after the Virginius had been captured by the Tornado, the second engineer went to the commanding officer, and offered to disclose to him everything about the Virginius, and her plan of operation, if he would solemnly promise to spare his life. After consultation with his officers, the commandant gave the promise. The Spaniards, it is said, rely upon the testimony of this engineer to justify their action in treating passengers and crew of the Virginius as pirates. To prevent his treachery being known to his comrades, this engineer was again led with the prisoners, and was taken ashore with them; and when thirty-seven were detailed for execution at the prison, a mistake was made, and the wretched engineer was selected and handcuffed with three others, and condemned. One of the quartermasters was taken to one side, whose life was saved under the supposition that he was the pardoned informer. The engineer was shot despite his protestations, through which alone his comrades learned of his treachery.

General Quesada, however, considered that her capture was largely due to her foul condition. Iron steamships should be docked, and have their bottoms cleaned every six months. The Virginius had not been dry-docked for fourteen months, and her bottom consequently must have been covered with shells, weeds, and barnacles, which would greatly retard her speed, and perhaps account for the capture.

CHAPTER XVI

It is claimed, that on the reception of the news of the capture of the Virginius in Spain, General Sickles, United States minister at Madrid, had an interview with Castelar, then President of the Spanish Republic, resulting in preemptory orders being sent to the authorities in Cuba, to stay all proceeding with reference to the vessel and crew, thus giving momentary hope that the passengers, captain, and crew would be spared.

How transient and delusive was this hope, is too well known. Either the orders did not reach Santiago in time, or they were disregarded by the officers in command. The latter is more probably the case, for Santiago being but four hundred miles from Havana, there was ample time for the orders to have been received before the seventh.

The question of the legality of the capture, as involved in those of the nationality of the vessel, and the waters in which she was captured, was now complicated by the murder of the captain, the crew, and the passengers.

The Cuban patriots might be admitted to be under Spanish jurisdiction, but not so the freeborn American citizens, who were led to the slaughter after a mockery of trial, in defiance of all laws, human or divine, and in contempt of the sacred stipulations of solemn treaties – a deed unsurpassed in atrocity, even in the bloody annals of Spanish-American warfare.

They were shot, despite the protests of all competent foreign authorities. The British consul made an ineffectual protest against the executions, sixteen of the prisoners being reported as British subjects. When his efforts were found to be in vain, the British commandant took the matter in hand, and telegraphed the governor of Santiago de Cuba in these words: “In the interest of the friendly relations existing between our respective governments, I beg you to delay the execution of the alleged English subjects, captured on the Virginius, until the captain of the British frigate Niobe can communicate with you. The Niobe will sail today for Santiago de Cuba.” To this request, Burriel, commander of the Spanish troops, replied by telegraph, “I do not possess the authority to accede to the petition you send. The law must be fulfilled.”

The American consul, Alfred N. Young, whose presence might perhaps have prevented the massacre, was absent from his post; neither was there an American ship of war in the harbor of this bloody city, which has been the scene of so many of the brutal outrages which blacken the Spanish name.

The acting vice-consul, Mr. Schmitt, did all that was in his power, but was treated with the utmost disrespect, being even refused the use of the telegraph lines to report to the authorities in Washington.

They were tried by a court-martial, held only twenty-four hours before the execution of the sentence; no counsel for defense was allowed, the American consul not even being informed of the trial; no interrogation of the prisoners was permitted, the trial being entirely secret. During its progress the prisoners were kept on board the Tornado; at its close they were taken to jail, the sentence being read to them and executed the same day. In the words of a correspondent of the New York Herald, “These Virginius prisoners were compelled to testify at the point of a sword, with the threat rather strongly implied, that if what they said did not suit, the unhappy deponents would receive summary treatment and happy dispatch. What with the threats of the soldiery, and the promises of immunity held out by the priests in the event of the prisoners becoming converted, the poor witnesses were in a bewildering position. As might have been expected, however, no faith was kept with them. As soon as they had testified under the pressure of threats, and become converted under the false promise of pardon, they were marched to the dead wall, and rendered incapable of contradicting their testimony, or becoming relapsed heretics. This is a combination of perfidy and sacrilege which one does not often meet with.”

After the condemnation the American vice-consul was allowed to see Captain Fry in jail, about two hours before the execution.

Notwithstanding treaty stipulations, that “in all cases of seizure, detention, or arrest,” the parties accused “shall be allowed to employ such advocates as they may judge proper, who shall have free access to be present at the proceedings in such cases, and at the taking of all evidence and examinations which shall be exhibited at such trial,” these Virginius prisoners were treated as outlaws, on whom mercy, or even justice, would be thrown away, and their execution evidently hastened, that the sentence might be irrevocable.

Laws, treaties, even the common claims of humanity, were completely ignored. Even the ignorant, innocent, irresponsible crew were sacrificed to this inhumanity. Men who were picked up at random; often signing shipping articles under the influence of liquor, and in complete ignorance of what they are agreeing to; who, once at sea, are under such strict discipline that an inquiry as to the object of the voyage, or even the course of the vessel, would subject them to the charge of insubordination, and consequent punishment, even loss of personal liberty; - such men are, by a drum-head court-martial sentenced to a speedy and ignominious death.

We now reach the closing scene of this fearful tragedy.

The curtain rises for the last time, and we behold the mangled remains of the murdered Fry – the hero, the patriot, the martyr.

Captain Fry and his companions were landed on the sixth, at about nine o’clock in the morning, from the steamer in which they had been confined, tried, and condemned to death, and taken, first to the captain of the port, and then to jail.

About midday of the seventh, the fiscal, or prosecutor in the case, Captain J. M. Autran, of the gunboat Cubano Espanol, handed to the American vice-consul, Mr. Schmitt, a permission from the captain of the port and commandant of marine, Don Ramon Brandaris, to call at the jail, and see Captain Fry, who desired to see the consul. The latter immediately proceeded to the jail, where, after the usual formalities, he was admitted to see Captain Fry, who had been wishing for that privilege (or that right, rather) ever since he had first been brought to the port, but without avail, having only been granted this boon now within a few hours of his death. He stated to the consul that he desired to make his declaration and protest; that, having been captured with his steamer upon the high seas, he therefore protested against all and every part of the proceedings. This protest was concluded at about two P.M., the consul immediately transmitting a copy to General Burriel. It was in substance as follows:-

That he was the master of the American steamer Virginius, which had all her papers in complete order, especially the register of the steamer, the crew list and articles, passenger list, clearance from Kingston, as also dispatch from the custom-house, etc. Sailed on the twenty-third of October, 1873, with all his crew and about one-hundred and eight passengers; after a few hours at sea, sprung a leak, and put into Port Haytien for repairs. Sailed from the port of Cumit, of that island, on the thirtieth day of October, and while between the Islands of Cuba and Jamaica, about twenty miles or more from Cuba, was chased by a steamer, and overtaken and captured about eighteen miles north of Morante Point, east end of the Island of Jamaica, about ten o’clock at night, the Spanish vessel previously firing several shots over the Virginius, and compelling them to surrender. The steamer was then taken charge of by a boarding officer, who stated that he did so n his own responsibility, knowing her to be an American vessel, and under the protection of the flag of the United States of America. The master, Joseph Fry, with the crew and passengers, was placed under guard, and all brought into the port of Santiago de Cuba on the first day of November. On the evening of the same day, after having delivered over all the papers belonging to the Virginius, he was refused permission to apply to his consul for aid and protection, and this was only granted him after being condemned to death, with the major part of his crew, under no known public law or pretext; and as Captain Fry was hurried to make his preparations for death, he could make no further statement, but declares that the foregoing is his true declaration, which he signed in jail, at two o’clock, on the seventh of November, 1873, two hours previous to his execution.

This protest was approved by several of the foreign consuls, with whom Mr. Schmitt advised; but his Excellency Governor Burriel was highly incensed at the consul’s action, and informed him he had demanded the revocation of his exequatur.

At four o’clock P.M., precisely, the condemned officers and crew of the Virginius were marched out of the jail, which is not far from the consul’s office, and filed past, four by four.

Most of them in passing saluted the bare flagstaff of the consulate by inclining their heads. The last to go by were Captain Fry, Mr. Harris, and Mr. Alfaro, who, besides saluting, waved a mournful goodbye to the consul and groups of gentlemen standing on the piazza of the consul’s residence. All the unfortunates marched unwaveringly to the fatal sport. The manner in which they met their death is this related by one who stood behind the curtain, and who beheld the fatal deed:-

“The victims were ranged facing the wall, and at a sufficient distance from it to give them room to fall forward. Captain Fry having asked for a glass of water, one was handed him by Charles Bell, the steward of the Morning Star. Fry then walked from the end of the line to the center, and calmly awaited his fate. He was the only man who dropped dead at the first volley, not withstanding that the firing party were but ten feet away. Then ensued a horrible scene. The Spanish butchers advanced to where the wounded men lay writhing and moaning in agony, and, placing the muzzles of their guns in some instances into the mouths of their victims, pulled the triggers, shattering their heads into fragments. Others of the dying men grasped the weapons thrust at them with a despairing clutch, and shot after shot was poured into their bodies before death quieted them.”

The curtain falls. In silence and in tears, we turn away from the mournful scene.

Words were vain.