The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-07-10

From the N. U. Picayune, July IL
The Grand Jury report in our local columns con-
tans the results Of their investigation into the pre-
valent rumor Of fhbustering movements in New Or
leans.
The substance Of the report ia, that they have no
one for breach Of the neutrality law. They deal
good deal, too, in surmises. They think there may
be possibly something going on, which under the
ruling OF the court might have Q tendency towards
some prospective" expedition, either 70 assist to
Ievolutionize Cuba, or to make descent on the
island-they do not guess which. But they do not
believe in the existence Of organized expedition,
and they doubt whether any could be formed here
Thus, they commenced their inquiries on the basis
Of rumor and have at this point got no further than
rumor They half think thar there may be something
in the RI NOR but they bear very explicit testimony
TO the unreasonableness Of any strained construc.
ton Of law, or extraordinary proceedings to antci-
pate trap prospective offenders by their unani-
nous testimony of disbelief that dangerous expe.
dtion could be got up and got Oh here. The zeal
and the faith Of the Grand jury in and for the neu
trality law, make their testimony very conclusive
against the fabulous expedition, which seems to
have 10 much alarmed the powers at Washington,
and from Washington the President and the Judge.
But although nobody is indicted, several who
The illegal expedition Is given up; bat the raising
of means by the sale Of Cuban bonds, or otherwise
for some irrespective" purpose connected with
Cuba, is still thought to be pfobable--on rumor;
and because certain witnesses, called upon to testi
fy, declined to do so on the ground that, under
the distinct ruling Of the Judge; their answers
might bring them within the range OF q prose-
cution, and the Judge sustained them in
their right to refuse, the refusal to testify
ia the confirmation which Is adduced Of the surmise
that they have been engaged in practices which the
court assures them are illegal The total failure to
get proof Is the best evidence that has been attain
cd OF the truth of the charge. The witnesses have
become thus the only parties to be proceeded
against. The law protects the in their refusal to
answer; but, IL seems, IL dees not protect them
against the consequences OF the refusal to answer.
The refusal Is taken as evidence against them of a
criminal intent and they are to be put under bonds,
rs suspected persons The Grand Jury thinks it a
suspicious circumstance, but let II pass because
they arc without any proof either OF crime or Of in
tent, or OF" tendency" The Judge, however, Is so
impressed with the significance Of the indication Of
possible hibuserines In these quarters that he has
required every man who declined to testify ia regard
TO the raising Of money-being sustained, too, by
the court, In his refusal-to give bonds OF TO be
engaged In any violation Of the law
We shall leave il to legal gentlemen to discuss the
legal character Of this requisition OF bonds from
parties who stand charged with no offence whatever
by aiidavit or preaentment which brings them be.
fore the court and are there witnesses suspected
from their silence OF having the intent TO do some
thing which will have . tendency to aid In pros
pective violation of law which will be misdemean.
or, which the court is anxious to find out.
The lawyers, too, will we suppose further inquire
into the effect Of these bonds--what forfets them,
and what their legal effect win be- The condition OF
the bond II, we suppose not to commit misdemean
or in violating the act Of 1918. The bond, We sup
pose, viii only be fulfilled when the violation 10
mitted and established by regular conviction. In
that event, the law sfixes certain penalties for
each grade Of the offence fine and Imprisonment,
according 70 the particular section Of the law which
may have been violated. Ii the penalty OF this
bond TO be an additional and cumulative punish
ment beyond that imposed BY the statute added
upon every grade Of offence alike 7 This Is point,
too, upon which we hope to be enlightened by the
arguments Of the bar and the calculations Of the
bench. They puzzle our inexperience in legal
matters.
That experience Is, however, to be enlightened
hy fulluysstigation OF the law. as applicable TO
tht G facts. II appears from our report that the
Jrdgc dccijcd TO demand their bonds, and that the