Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-03-21

THE CUBAN PROSECUTIONS ABANDONED
The third trial of Gen. Henderson, charged with be-
ginning and setting on foot the late expedition against
Cuba has resulted in another mis,ria 1t s understood
that on THIS occasion the jury divided eleven for
acqutal and one for conviction On the second trial
they were six TO siXon the first trial there were eight
tor conviction and tour tor acquital The chances for
conviction have thus diminished with every trial. and it
very evident that another attempt would result in an
other ns'ra or an acquitta In fact, these failures,
under such circumstances are substantially and moral
~ an scquital and SO tie Government has understood
them. On the dismissal of this jury, the District At
ioney ct the United States abandoned the prosecution
and has entered nole pr0sequi, only in regard to
Gen henderson, but to all the parties under indictment
Tor participation in the affair.
This morning, on announcing this Mr. Hupton said
that he had been anxiousy celebrating to what
should be his duty as the prosecuting officer of the court,
in the contingency which had occurred. Three iuries
had been empanneled and three mistias had been had
The cases growing cut OF the Cuban expedition had
SO much attracted the public attention. that the OF
more than one thousand had been drawn before
impartial jurors could be obtained and under the
OF 1925 the marshal OF The district il limited to the par
ISL IN the suTnmoning OF jurors.
under these circumstances, said Mr.. Hunton, even
II we should be fortunate enough, after weeks OF labor
TO empanne another jury he could not hope Tor any
other result than fourth msrial
lie should, therefore, with the consent of the court
enter noie prosequ in the case; and he could not
adduce any stronger proof against any of the parties
indicted Tor like offences III participating in the Cuban
expedition he would therefore n0le prosegu in
every case Mr. Benjamin, his colleague and assoc
ate, concurred with Mr. Hunon in The propety of this
course and accordingly all the prosecutions are aban
doned.
This disposes at once Of the cases OF Gen. Qutman,
Judge Smith. Gems. Gonzales and Lopez Coils Pickett
Oflara ard Wheate, Messrs. Hawkins and Smith, and
Capt. Lews, the captain of the steamer Creole, who
have been waiting for Trial under these charges; and of
large number OF others who have been detained here
at great cost and inconvenience awaiting the demands
OF the Governmen as witnesses parties accused. 1t
is great relief TO them and 10 numberess parties inter-
ested in the civil docket OF the court which has been
suspended for tedious PERIOD during the tendency Of
these prosecutions.
The end OF these trials has not been unexpected and
we do not see that there any ground for finding fault
with the result. the officers OF the Government have
Performed their duty with all diligence and if they have
failed to establish the offence with which these parties
charged it is manifest that it has been for want of
proof and that the accused entitled TO discharge
from offences that could not be proved, and which
every attempt to prove only removed still further from
them
In the national aspects OF the question our Govern
men Is sufficiently provided by the results of these TIL
ais with evidence that it has executed all its duties
good faith and with due diligence and that Spain has
neither title preence to complain of any act or omis
SION by the United States required by the comfy Of
tons or the faith of treaties.