The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-04-05
Close of the Cuban Tr,a,.-No Verdict.

The termination Of the trial Of O'Sullivan and
Others, charged with getting up expedition to
invade Cuba will be found elsewhere in our columns
to-day, comprehending the able learned. and lucid
charge delivered to the jury by Judge Judson, Of
the United States Court with the result of the trial
by the jury being unable to find verdict. This
is lame and impotent conclusion, after twenty
three days of labor and toll TO Judge, counsel and
witnesses, and reporters. The jury could not agree,
being nearly equally divided to the guilt Of the
parties trial.
This trial presents to the mind several aspects Of
great Importance to the country, affecting our in
ternal ard foreign relations. For several weeks we
have seen the United States Court, in this city. en-
gagged, day after day, in hearing the evidence and
sitting out the facts; and after all the labor expended,
md the law laid down and the learning exhibited the
jury could find nothing sufficiently strong positive
in the conduct of the pcrsons indicted to warrant
either their acquittal or condemnation Yet it
evident, after perusing the testimony, pub
lished day by day that there was expedition or
gained for the purpose of making descent
Cuba and that in the ordinary run Of evidence there
sufficient in amount to convict the prisoners, or
some Of them at least, OF participation in that
enterprise, which was clearly got up contrary to the
laws Of the United States With all this testimony
before them the jury had sufficient conscientious
scruplcs to withhold verdict either for or against
the persons erraigned before them.
This singular termination Of such trial. on such
evidence and under such charge, growing out of
alleged violation Of the laws Of the United States
presents remarkable resemblance to the same state
Of things and 10 similar result which took place
few months ago at New Orleans, on the arraignnent
of number Of individuals there charged with like
offence. II will be well recolccted that General Hem
derson, Of New Orleans, underwent three trials in
that city without any result, on similar charge to
that which was brought against O'suvan & Co.,
in this metropolis The evidence in the case Of Hen
derson was BY strong that in the case
Of O'Sullivan; yet, in both instances, in the two
leading cities Of the Union, before intelligent COM
munties, not jury can be found who will convict
American citizens of any offence for getting up expo
ditions to invade to lberate the Island Of Cuba
Perhaps if General Lopez had been tried in New
Orleans, he having been a foreigner, and acting
clearly and unequivocally in violation of our laws
might have been convicted; but in the case OF
American sympathizers and participants in such an
expedition, IT seems that reliance can be placed
on any jury in any part Of the country go far a the
government may expect conviction even with full
and positive evidence Of the parties having been en-
gagged in the commission Of the offence
The history Of the trial here, and Of the several
trials in New Orleans, presents, therefore, curious
facts growing out Of the state Of public opinion,
which are calculated to command attention and to
provoke further inquiry What is the reason that no
jury can be found to convict an American citizen
for endeavorng, from sympathy, any other cause,
10 get up expedition 10 give freedom TO Cuba!
We suspect there is a general sympathy in the
mind Of the American people for Cuban expedition
than any one has dreamed Of But another reason
may be given. Webaye seen recently the extrsord-