Chargé Sleeper to the Secretary of State.

No. 144.]

Sir: In continuation of legation dispatch No. 135, of the 19th instant, relative to Miss Millie Brown, L. C. Giltner, and H. L. Augustine, American citizens imprisoned at Nueva Gerona, Isle of Pines, for the erection of a private telegraph line, in violation of military order No. 50, series of 1902, I have the honor to advise the department that the father of Miss Millie Brown called at the legation on Monday last—the 3d instant—and assured me that his daughter had not intentionally violated military order No. 50 and that he felt positive that Messrs. Giltner and Augustine were equally guiltless of any intention to transgress the law. In view of Mr. Brown’s personal statement, the youth of his daughter, and other attendant circumstances, I called at the foreign office and again brought up the question of a pardon. After some conversation, Doctor O’Farrill stated that if I could obtain from Brown and her associates a promise that they would not again infringe the aforesaid military order No. 50, his Government would favorably consider a request for their pardon.

On leaving Doctor O’Farrill’s office I immediately sent the following telegram:

July 23, 1906.

Messrs. Giltner and H. Augustine and Miss Millie Brown,
Carcel, Nueva Gerona:

Will you authorize me to request pardon for you under promise not to again infringe military order No. 50? Reply legation.

Sleeper, Chargé.

and on the next day received their reply as follows:

Nueva Gerona, July 24, 1906.

Sleeper, Chargé American Legation, Habana:

We authorize you to request pardon, and promise not to infringe military order No. 50.

Giltner.

Augustine.

Brown.

As agreed upon, I then addressed a note to the Secretary of State—copy inclosed herewith—stating that I had received the necessary promise and requesting their pardon, at the same time cabling you of my action. I confirm my cable on the overleaf.

[Page 514]

On the 25th instant—yesterday—Miss Brown and Messrs. Giltner and Augustine were duly pardoned—cablegram to department confirmed on overleaf—and telegraphic instruction sent to the local authorities at Nueva Gerona advising them of the President’s action and directing them to at once liberate the prisoners.

Referring to my previous dispatch, No. 135, page 2, paragraph 1, it appears from a report of Mayor Sanchez, of Nueva Gerona, that, in obedience to instructions, he called upon Miss Brown and offered to take her to his house, but that she refused to go, stating that she preferred to remain in jail until the return of her father from Habana, where he had gone to lay the case before the legation.

I inclose herewith copy of Miss Brown’s protest to Minister Morgan, dated June (July) 15, 1906, and translation of Doctor O’Farrill’s reply, dated the 26th instant, to my request for pardon.

I have taken occasion to call at the foreign office and express to the secretary my appreciation of the courtesy of his Government in granting this pardon.

Unless otherwise instructed by the department, the legation will consider the incident closed.

I have, etc.,

Jacob Sleeper.
[Inclosure 1.]

Chargé Sleeper to the Secretary of State and Justice of the Republic of Cuba.

Your Excellency: Referring to the imprisonment of Miss Millie Brown and Messrs. L. C. Giltner and H. L. Augustine in the jail at Nueva Gerona, Isle of Pines, for violation of military order No. 50, series of 1902, prohibiting the unauthorized construction of any telegraph or telephone line, and in view of the declaration of the aforesaid Millie Brown et al that they were ignorant of the fact that the erection of a private telegraph line constituted a breach of the law of this Republic, and, furthermore, that they have promised this legation not again to transgress the provisions of the aforesaid military order No. 50, series of 1902, I have the honor to respectfully request that they be pardoned.

I avail myself, etc.,

(Signed)
Jacob Sleeper.
[Inclosure 2.]

Miss Brown to Minister Morgan.

Sir: Together with H. L. Augustine and L. C. Giltner, all of us residents of the American colony of the town of Columbia, I have assisted in the installation of a telegraph line connecting our respective homes.

The line has a length of some 1,800 feet and was built simply for the purpose of amusement and diversion. A few days after we had installed the line, we were summoned before the judge of first instance and instruction to give information regarding the matter. We made a simple declaration to the court that the line had been built by us on private lands only for the purpose of amusement and with no idea of operating for revenue.

After massing a volume of testimony, the worthy court pronounced sentence of a joint fine of $100 for violating military order No. 50 of the laws of 1902. Rather than submit to the extortion, we have accepted the alternative of thirty-three and one-third days’ imprisonment.

For the “crime” of which we are guilty, thousands of young Americans are going unpunished to-day.

We are now serving our sentence in the La Carcel, where we are the companions of other jail birds of all shades of color. We are entirely dependent [Page 515] on our jailers, the rural guards, who have been kind enough to loan us three army cots, with a few coverings sadly in need of laundering.

Besides the indignity of arrest and imprisonment without cause are added the outrage of compelling a 19-year-old girl to pass thirty-three days and nights in the close companionship of some twenty guards and male prisoners.

I am inclosing the foregoing information in the hope that you will use your influence in the behalf of ourselves and other outraged American citizens of the Isle of Pines.

I am, etc.,

(Signed)
Millie J. Brown.
[Inclosure 3.—Translation.]

The Secretary of State and Justice of the Republic of Cuba to Chargé Sleeper.

Mons. Chargé d’affaires: I acknowledge your polite note of the 24th instant, in which your honor requests the pardon of Miss Millie Brown and Messrs. L. C. Giltner and H. L. Augustine, sentenced to a fine of $100 or, in default of the payment thereof, the corresponding imprisonment, for violation of military order No. 50, series of 1902, which prohibits the unauthorized erection of telegraph and telephone lines. In view of the fact that the offense has not injured a third party and that the prisoners are repentant of their unlawful acts and promise not to again transgress this law, His Excelency the President, upon my recommendation and after consultation with the cabinet council, pardoned the individuals mentioned above, thus showing a mark of distinction toward your honor.

I renew, etc.,

(Signed)
Juan F. O’Farrill.