By Joseph B. Kelley, John T. Kelley & Kieran Kelley
Dr. Ricardo Ruiz, from The New York Journal, March 6, 1897
Ricardo Ruiz de Ugarrio was perhaps the first and only Cuban-born,
naturalized American citizen, held incommunicado, denied a hearing or trial,
and found dead in a filthy Guanabocoa jail cell by the Spanish authorities on
17 February 1897.
Born on 15 January 1851 in Guanabacoa, Province of Havana, Cuba, Ruiz
was the son of Spanish immigrants from the northern part of Spain. The family
lived a very comfortable life, enabling them to educate their five children.
Ricardo Ruiz de Ugarrio came to the United States in 1874 to continue his
education as a dental student at the Pennsylvania College of Dental Surgery,
which merged, with the University of Pennsylvania early in 1878. (5) In the
spring of 1878, he graduated with a doctorate in dentistry. During his third
year, December 1877, he "declared his intention to become a citizen of the
United States, and in January 1880, received his final papers as a naturalized
citizen from the court of common pleas, county of Philadelphia."(1)
Soon thereafter, in 1880, Dr. Ruiz de Ugarrio returned to Guanabacoa,
Cuba to practice dentistry. He eventually married and raised a family. He was
quiet man with domestic tastes enjoying his leisure hours with his family and
cultivating their garden of fruits and flowers. He enjoyed his profession as
well as his association with a small circle of friends. He was in excellent
health with a fine physique developed through gymnastics and exercise. (1)
On 4 February 1897 Dr. Ruiz was arrested in his home by the Spanish
military commandant in Guanabacoa, Lt. Col. Eulate Fondesveila. (1 & 2)
Following his arrest, he was imprisoned and charged with the participation in
the derailment, capture and robbery of a passenger train between Guanabacoa and
Regla on the evening of 16 January 1897. (1)
While being escorted to the Guanabocoa jail, Dr. Ruiz de Ugarrio
"handed to the keeper or warden a certificate showing he was registered as an
American citizen at the office of the American Consul General in Havana." (1)
This certificate of registration should have transferred the jurisdiction of
the case from Military to Civil authority where his rights as an American
citizen would have been protected under the legal agreement with Spain.
Instead, he was held incommunicado for thirteen days without an opportunity for
a trial or hearing. A telegram was cabled from the United States Consul General
Fitzhugh Lee in Havana, Cuba, informing the Secretary of State Richard Olney in
Washington D.C. of the arrest and imprisonment of Dr. Ruiz. (4)
On the morning of 17 February 1897 Dr. Ruiz was found dead in his cell
under suspicious circumstances. The cell was described by Consul General Lee as
"a small, closed, and most filthy cell, 3 feet by 5 feet, having a rough stone
floor, with no window, and only a 6-inch square opening in the door for the
admission of food."(1) Several hours later, his wife, Rita, was informed of the
tragedy through a family friend, Rafael Galindo, a clerk of the Civil Court at
Guanabacoa. (1) He enabled Mrs. Ruiz to view the remains of the deceased in his
cell. She made two requests from the jailers; 1) to cut a lock of his hair and
2) to keep the lone chair from the cell. Her requests were granted. The
underside of the chair revealed a message scratched in blood by the doctor.
"Adios, I will be killed. Yes, they will kill me if they take me to Havana!
Adios, Rita, wife of my soul and my children; adios, my sons; adios, my
daughters! Be good and obedient to your mother."(7) He, then, named the
children in birth order. Mrs. Ruiz later sent the chair to the Consul General
Lee as proof of the murder.
The day after the doctor's death, an autopsy was performed. The
results showed that death was caused by cerebral congestion, and a contusion on
the top of his head. Two Spanish doctors and Doctor H. M. Burgess, the United
States Sanitary inspector of Havana, conducted the autopsy. Dr. Burgess
described the wound as "a severe contusion of about an inch and a half long, by
an inch wide."(1) In his opinion, the contusion "was produced by a blow or
blows, which, while not fracturing the cranium, were of sufficient strength to
cause the congestion."(1) On the other hand, the two Spanish doctors described
the contusion "as being a small abrasion which only involved the first surfaces
of the skin and about a centimeter long."(1) They concluded that the contusion
on the head "could have been self-inflicted by butting the head against the
door or walls of his cell."(1) However, they did agree that the injury "might
have been caused by a blow with a round club or other instrument."(1)
During Dr. Ruiz's incarceration, three other American citizens were
arrested and imprisoned. Initially, these three civilians, Sylvester Scovel,
Charles Scott, and F.J. Cazanas, were held incommunicado along with the doctor.
After the physician's death, however, the Consul General was very concerned
with the fate of the other prisoners. He sent a telegram to the U.S. State
Department stating that Charles Scott had been arrested with no charge given.
The cable read "we cannot stand another Ruiz murder and have demanded his
release."(4) Within days, all three men were released from an incommunicado
status because of the established legal agreement between the United States and
Spain relating to prisoners who are American citizens.
Mrs. Ruiz and her children received by Secretary
Sherman at the State Department, The New York Journal, March 14, 1897
Shortly after the death of Dr. Ruiz, the leading editorials of two
major U.S. newspapers threatened war. "If it is true that the Spaniards
murdered Ruiz in his Cuban prison, national self-respect, as well as national
honor, demands that the States declare war against Spain.... War is a dreadful
thing, but there are things more dreadful even than war, and one of them is
dishonor. There seems to be no reason to doubt that the facts in regard to
Ruiz's death are as they have been stated... If they should be verified public
sentiment will call for vengeance. And this time public sentiment will
prevail." (New York World, 21 February 1897 and New York Journal, 22 February
1897). These news stories along with others played a tremendous role in
strengthening the anti-Spanish sentiment in the United States of America and
it's involvement in Cuba. Two publishers, William Randolph Hearst's New York
Journal and Joseph Pulitzer's New York World, were opportunists who perceived
the ongoing political difficulties with Spain and the possible threat of
military intervention in Cuba as their chance to increase circulation and make
considerable sums of money. Through their "yellow journalism" press, they were
able to capitalize and profit from this sensational reporting by employing
accomplished artists and journalists. The end result was a product filled with
graphic illustrations of brutality, murders and executions that had a lasting
affect on the reading public and the growing spirit of American patriotism,
i.e., the call for revenge and war. One year after the death of Dr. Ruiz, the
Spanish-American War begun.
On 2 March 1897, in response to a Senate resolution, a report was
prepared and presented by the Secretary of State to President Cleveland
relating to the arrest, imprisonment and death of Dr. Ricardo Ruiz de Ugarrio.
(3) The President ordered that an immediate and full investigation be conducted
in Cuba. He stated, "though it seems to be clear that the Consul General should
have professional aid in such investigation, that matter, together with the
selection of the particular persons to act with him, properly rests upon my
successor in office."(3) Two days later, on 4 March 1897, the 25th President of
the United States, William McKinley was inaugurated and the Ruiz de Ugarrio
family (Rita and the five children) fled from Guanabacoa, Province of Havana,
Cuba for the United States, settling in Washington, D.C. They were stripped of
all worldly possessions including the ownership of five properties in
Guanabacoa, never to set foot in Cuba again. (8)
At the request of President McKinley, William J. Calhoun, was
appointed the special commissioner to Cuba and assigned to investigate the
death of Dr. Ruiz. In Washington, on 10 June 1897 he submitted the
investigation report. In it he stated, "the people are dumb - they dare not
talk. The moment anyone was approached on the subject of the Ruiz case, he
either declined to talk or asserted he knew nothing about it. It was apparent
to me that we could not secure any affirmative testimony bearing upon the case,
beyond the fact of his arrest, imprisonment and death. I secured the names of
certain prisoners who are still in the prison, and who were there when Ruiz
died. We were assured that they knew a great deal about the case if they could
only talk. These same persons were afterwards brought before the Commission at
the instance of the Spanish authorities and their testimony was directly
contrary to what I had been told they would or could show if they felt free to
talk."(1) In other words, it was very clear that "every person with whom we
talked was afraid to express any opinion or give us information on the subject
of our inquiry."(1) He reluctantly concluded "there is no positive or direct
proof of any violence offered Dr. Ruiz by any guard or officer of the jail. If
Dr. Ruiz was struck upon the head by a guard or any officer of the jail, that
fact belongs to the secret history of that prison,"(1) and the bloody message
scratched on the chair.
Several years passed before American citizens were allowed to make
claims against the Spanish Government. On 31 July 1901, before the Spanish
Treaty Claims Commission, Mrs. Ruiz filed a $75,000 wrongful death claim on
behalf of her family. Five years later, on 17 February 1906, the ninth
anniversary of the doctor's death, she received an award of $40,000. (6) This
settlement, of course, never addressed the Guanabocoa land and possessions that
the family owned.
From the ashes of despair, Rita Lesca Ugarrio de Ruiz, a remarkable
woman, emerged to raise her five children in a new country. A mother and a
widow, who said, "I will struggle bravely to keep the sacred charge my husband
left me in my children. I will live and work for them."(7) Her determination
and perseverance is an inspiration to all of us.
Mrs. Ruiz and her five children in the gallery of the House of
Representatives, The New York Journal, March 16, 1897
BIBLIOGRAPHY
1. Calhoun, W. J. A REPORT OF W. J. CALHOUN, SPECIAL COMMISSIONER TO
CUBA ASSIGNED TO INVESTIGATE THE DEATH OF DR. RICARDO RUIZ DE UGARRIO,
Washington, D.C., 10 June 1897.
2. Noel, Dazie. A SPANIARD'S REVENGE, OR, THE DEATH OF RICARDO RUIZ,
U.S.: Stock-Farm and Irrigation Print, 1898.
3. Message from the President of the United States, DR. RICARDO RUIZ,
54th Congress/ 2d Session/ Senate/Document #179, 2 March 1897.
4. Message from the President of the United States, AMERCIAN CITIZENS
IN PRISON IN CUBA, 54th Congress/ 2d Session/ Senate/ Document #172, 1 March
1897.
5. University of Pennsylvania Alumni Archives.
6. National Archives, Spanish Treaty Claims Commission, General
Docket/Entry 146, Volumes A & B, 1901-1910.
7. New York Journal, MRS RUIZ, MY LIFE IN CUBA, 21 March 1897.
8. Kelley, Joseph B. and John T., NOTES AND REFERENCES ON THE RUIZ
CASE.
Note: Special thanks to my Uncle and my Father for all their work and
tenacity. I also want to acknowledge the members of the Kelley family for not
forgetting our grandfather and great grandfather, Dr. Ricardo Ruiz de Ugarrio y
Salvador.
