truth was revealed to him in Manila.
Upon the arrival of the steamer in Barcelona the prisoner was
transferred to Montjuich Castle, a political prison associated with
many cruelties, there to await the sailing that very day of the
Philippine mail boat. The Captain-General was the same Despujol
who had decoyed Rizal into the power of the Spaniards four years
before. An interesting interview of some hours' duration took place
between the governor and the prisoner, in which the clear conscience
of the latter seems to have stirred some sense of shame in the man
who had so dishonorably deceived him.
He never heard of the effort of London friends to deliver him at
Singapore by means of habeas-corpus proceedings. Mr. Regidor furnished
the legal inspiration and Mr. Baustead the funds for getting an opinion
as to Rizal's status as a prisoner when in British waters, from Sir
Edward Clarke, ex-solicitor-general of Great Britain. Captain Camus, a
Filipino living in Singapore, was cabled to, money was made available
in the Chartered Bank of Singapore, as Mr. Baustead's father's
firm was in business in that city, and a lawyer, now Sir Hugh Fort,
K.C., of London, was retained. Secretly, in order that the attempt,
if unsuccessful, might not jeopardize the prisoner, a petition was
presented to the Supreme Court of the Straits Settlements reciting the
facts that Doctor Jose Rizal, according to the Philippine practice of
punishing Freemasons without trial, was being deprived of his liberty
without warrant of law upon a ship then within the jurisdiction of
the court.
According to Spanish law Rizal was being illegally held on the Spanish
mail steamer Colon, for the Constitution of Spain forbade detention
except on a judge's order, but like most Spanish laws the Constitution
was not much respected by Spanish officials. Rizal had never had a
hearing before any judge, nor had any charge yet been placed against
him. The writ of habeas corpus was justified, provided the Colon were
a merchant ship that would be subject to British law when in British
port, but the mail steamer that carried Rizal also had on board Spanish
soldiers and flew the royal flag as if it were a national transport. No
one was willing to deny that this condition made the ship floating
Spanish territory, and the judge declined to issue the writ.
Rizal reached Manila on November 3 and was at once transferred to
Fort Santiago, at first being held in a dungeon "incomuni
|