The republic., 1851-03-19
The Cuban Prosecution. Abandoned.

1Ao OuDuM fFOSecutlCms AOam0Oneus
The third trial of General Henderson, charged
with beginning and setting foot the late exped-
ton against Cuba, has resulted in another mistria
It is understood that on this occasion the jury were
divided eleven for acquita and enc for conviction
On the second trial they were six to six; on the
first trial they eight for conviction and four
for acquittal. The chances for conviction have
thus diminished with every trial, and II IL very
evident that another attempt would result in ano
ther mistrial acquittal. In fact, these fail
ugl@lnuAder such circumstances, are substantially
end N0Fally acquittal, and 30 the Government
has understood them. On the dismissal Of this
jury, the district attorney of the United States
abandoned the prosecution, and has entered noife
prosequi, not only in regard to General Henderson,
but to all the parties under indictment for parti-
cipation in the affair t
This morning, on announcing this, Mr.. Hunton
said that he had been anxiously celebrating as to
what should be his duty, the prosecuting officer
of the court, in the contingency which had oc-
CURED. Three juries had been empaneled, and
three mstrals had been had. The cases growing
out of the Cuban expedition had 30 much attracted
the public attention that the names Of more than
one thousand persons had been drawn before i'm
partial jurors could be obtained and under the act
Of 1926 the marshal of the district il limited To the
parish in the summoning of jurors.
Under these circumstances, said Mr.. Hunton,
even if we should be fortunate enough, after weeks
OF labor, to empanel another jury, he could not
hope for any other result than a fourth mistrial
He should, therefore, with the consent of the
court enter soHs prosequi in the case; and AZ he
could not adduce any stronger proof against any
of the parties indicted for like Offences in partici
pating in the Cuban expedition, he would, there
fore, enter nolie prosequiin in every CASE Mr. Benz
jamin, his colleague and associate coucurred with
MIR. Hunton in the propriety Of this course, and
cordngly all the prosecutions are abandoned.
This disposes at once of the cases Of Genera
Quitman, Judge Smith, Generals Gonzales and
Lopez. Colonels Pickett, O'Hara, and wheateJ
Messrs. Hawkins and Smith, and Captain Lewis,
the captain of the steamer Creole, who have been
waiting for trial under these charges, and of largo
number Of others who have been detained here at
great cost and inconvenience. awaiting the de-
mands of the Government, as witnesses parties
accused. 1t 10 great relief to them and 10 num-
beress parties interested in the civil docket of the
court, which has been suspended for a tedious pc
Rod, during the tendency of these prosecutions.
The end of these trials has not been unexpected,
and we do not see that there is any ground for
finding fault with the result The officers of the
Government have performed their duty with all
dilgence and if they have failed to establish the
offence with which those parties were charged, it
is manifest that it has been for want of proof and
that the accused were entitled to discharge from
offences that could not be proved, and which overy
attempt to prove only removed still further from
them.
In the national aspects Of the question our Gov
ernmcnt is sufficiently provided by the results of
these trials with evidence that It has executed all
its duties in good faith and with due diligence, and
that Spain has neither title nor pretcnce to COM
plain of any act or omission by the United States
required by the comfy Of nations or the faith of
Orleans Picapuy1e. et ,si