During the chase after the Virginius, the passengers and crew of the fated vessel were in a state of panic.  The cargo, which was made up of war material, was thrown overboard, and all persons on the vessel emptied their trunks of whatever might be considered suspicious.  Almost from the instant of the capture the fate of the unfortunate men was assured, and they soon realized the extent of the danger that threatened them.

Verdict of the Spanish court-martial.

When the Tornado and the Virginius reached Santiago de Cuba the next day the 155 men captured were placed in close confinement and a court-martial was convened at once.  The various courts-martial condemned most if not all of the prisoners to death, this summary proceeding being, as was alleged, in accordance with Spanish laws, so far at least as the character of the court and the nature of the judicial forms were concerned.  The first executions were on the morning of November 4, when four men were shot, one of them being Brigadier Washington Ryan, who claimed British citizenship, as a Canadian, although he had served in the Union army during the late war.  The victims were shot in the back, and their bodies were afterward beheaded, the heads displayed on spikes and the trunks trampled by horses.  George W. Sherman, the correspondent of the New York Herald, tried to sketch the scene and was imprisoned for four days for his attempt.  A guard kept the American consul in his house, so he could not appear to protest.

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.