As the Virginius had displayed the American colors and was chartered and cleared as an American vessel, she had a prima facie claim to protection as such, until her right should be disproved. Hence Mr. E. G. Schmitt, the American vice-consul at Santiago, was prompt and urgent in demanding access to the prisoners, with a view to protecting the rights of the vessel and any on board who might be American citizens. He was treated with great discourtesy by the provincial governor, who told him in effect that it was none of his business, and persisted in declaring that they were all pirates and would be dealt with as such. Mr. Schmitt was even refused the use of the submarine cable to consult with the consul at Kingston, Jamaica. He would thus have been left entirely helpless but for the friendly aid of the British and French consuls. On the 8th of November twelve more men were executed, and on the 13th thirty-seven were executed, this last batch including the officers and crew of the Virginius and most of the American citizens. At 4 o'clock in the afternoon the condemned men were marched to the place of execution, passing and saluting the American consulate, where the flag was not flying from its staff. Captain Fry was shot first, and was the only man, though the soldiers stood but ten feet away, who fell dead at the first volley. The majority of the poor fellows, as the firing continued, were wounded, and killed as they lay on the ground by the usual Spanish fashion of firing rifles in the mouths of those who were disabled. The second engineer of the Virginius was among those executed. He had made a declaration to the Spanish that he had tampered with the engines and cut down the speed of the vessel so that she could be captured, and was marched with the rest to prevent his comrades from knowing that he was to be spared. He was shot by mistake while making frantic protests and explanations, but, as he was a traitor in one way or the other, his death was the only one of all that was never regretted. PROTESTS WERE UNHEEDED. During all this time the consuls at Santiago were not idle, but they were helpless. E. G. Schmitt, the American vice-consul, and Theodore Brooks, the British vice-consul, made all sorts of protests that were unavailing. Schmitt was not permitted to see the prisoners before or after the court-martial, until the very end, when he reached Captain Fry and signed his protest with him. He was not permitted the use of the telegraph in order to communicate with the government at Washington by way of Kingston, Jamaica.