New-York daily tribune., 1851-07-17


TYy Supposed CUBAN EXPEDITION
In the United States District Court, before Judge
Belts YESTERDAY on the motion to quash the indlct-
nent IN the case OF Messrs John l.. O'Sulvan, Lewis
and Slessinger, the Count gave an opinion at much
length. of which we give a brief synopsis On the
point, as contended for, that the indictment does
not charge any o1ense with sufficient exp lclnesS TO
authorize judgment Of the Court the Judge thought
II sufficient 10 out the oenSe IN the Indictment
rs In the present IN the language OF the statute
that the defendant did begin set on foot military
eXpetltlon &C II - sufficient TO show the nature
of the charge and to place them on the defense Sew
eral cases have occurredone Of them that OF Ogden
and Smith IN this City, IN 1906 who were separately
indicted charged with beginning IN this City military
expedition be earned on against the territories OF
the king of SpaIn, then at peace with the United
States Another count IN the indictment, stated the
expedition was TO act against Caracas IN South
America, then belonging to SpanJ Another that
they had provided the Leander with certain num-
Der of.guns, ammunition, &C. They were defended
by MesSrs. Ogden Hoffman, Gather, We believe, To
the present Mr.. H. who had been Attorney General
OF the State MIR. Harrison, who had been District
Attorney and Thomas Adds Emmet, all counsel OF
the most eminent ability. The case partcok OF the
political feeling of that day. and was most vigorously
defended motions beng made on various grounds TO
Cuash the indictment but there was no suggestion
that the form of the indictment, which "as IN the
language OF the ststutel asl this Is, was defective
The Court noticed other cases, among them that ot
Gov Henderson. recently IN Louisiana, where the
sorm according to the statute. considered to be
good.
As 20 one point of the Indictment the Court thinks
II : questionable whether Is allowable to state IN
an Indictment that military expedition was to be
earned on against state 70 the jurors unknown
That should have been aScertalned, ana without 1t
they could not charge the party with the act COM
planned of II Is A. much improper 10 say they did
that as they guilty of some kind OF act unknown
to the Jury. How could the Jury have known that
il was a country at peace with the United States
shall not decide on this motion 10 say Is fatal, but
leave II TO be decided on demurrer or IN arrest OF
judgment.
As a general principle, cOnclseneSS IN an mdlct-
ment should be upheld rather than to crowd It with
a statement of facts which, after all, are mere aver
menis, and matter of proof rather than pleadlngs.
In regard to the law being, contended, neu-
trality law operative only when other countries at
peace with this are engaged in val, the Court quoted
the opinions Of President Jefferson and others, IN
1874 when war occurred between France and Great
Britain and Genet. the French Minister, insisted
upon n right TO raise and tit out expeditions III the
United States of President Madison a a subsequent
period of President Van Buren, IN 1888, IN relation
to Canada and the letter of Mr. Webster 10 Mr..
Fox British Minister. The decision of this Court as
to Texas. in 1895, and other eases, go to show that
the Law was intended to prevent citizens residents
Of the United States from beginning az carrying on
expeditions against countries with which the United
States are at peace and that the indictment comes
within the purpose and meaning of the 6ih section oil
the act of 1915 as manifest violation % Its provis-
ions.
The decision concludes as follows:
"The motion to quaSh the indictment cannot,
therefore on these views, prevail but would re-
mark that Notwithstanding my own CONVICTIONS re-
sulting from careful survey os the quesNons ue-
hated on this notion that the acts of the defendants
charged III this indictment constitute an intractlon
of the 9Th section of the act of 1918, and are sufh
clently Land IN the indictment yet. IN Difference
to the opinion OF the distinguished counsel OF the
DEFENDANTS earnestly expressed and ably support
ed shall submit this decision 10 the consideration
of the Judge Of the Circuit Court, and II he suggests
doubt of the Iustness of the conclusions adopted in
IT, or shall intimate that he does not concur In them,
Will then remit the case to the Circuit Court that
the defendants may, by means OF a difference OF
opinion of the two Judges, have the point certihed
to the Supreme Court for decision
The opinion, which went very fully into the differ
ent decisions &c, occupied the Judge considerably
over an hour IN reading.
The case stands over Of course, IN reference To
the concurrent opinion, otherwise, of the Circuit
Judge.
ANOTHER SUPPOSED MHRDER-On Mon
day afternoon gentleman from the Western coun-
try, whose name Is unknown, While IN Wea-st, near
Amos was violently assaulted by gang of r'nans ap-
parently without She least proyocaton, who Knocked
him down and inflicted the most brutal Violence
The victim, however, managed 70 regain hls feet,
when he was again assaed, knocked down, and
II is said taken forcibly to the foot Of mos-st.,
plunged INTO the dock and drowned That tins is so
is not yet satisfactorily established but at al events
the missing man has not since besn seen nofeve
heard of Evidence tending to establish tbs above
facts or At least to hr suspicion against aweil-
known rowdy named Aaron Rennie, having been
given to Captain Sebrng. ofthe Ninth Ward, he sent
officers Bennett, C0llum and others TO gathsr such
facts relative to the matter could be obtained in
the vicinity where the murder is alleged 70 have
been perpetrated, and arrest all parties against
whom existed Iust grounds OF suspicion. From what
could be learned il seemed certain that RennIe
one of the perpetrators of the violence, If aot the
actual murderer, and that he at the time was on
board the yacht Wspn, lying IN the stream opposite
Hammond. St, which was going to sea small boat
was procured, in which the officers rowed TO- the
yacht on searching which they found Rennie- almost
III state OF nudity closely slowed away in tbs fore
castle. They Immediately arrested their nsa and
took him before Justice McGrath, Who committed
him to prison for examination 1t Is said the friends
and confederates Of the accused had or were about
10 raise funds and send him from the country Some
other facts this mysterious case viii probably soon
be developed.
STARRING CAsE-PROBABLE NURoER.-
About ~ O'Clock on Tuesday night a German named
Augustus Runge, keeper Of a grocery store on the
conner Of Eighteenth-st and Avenue A. entered the