The New York herald., 1869-10-14
the other we're in the uninterrupted service of their

country.
He would not, of course, intimate that the United
states by this investigation and delay desired TO
favor spain. IT was contrary to the character and
dignity OF che government; IT was in opposition 10
the snown neutrality and spirit OF fairness always
exercised by the United states towards contendln9
f0re2n nations. But the effect OF such long DELAYS
gas she e. same lie, therefore, protested against So
mao,l ,llne nelng granted. u would be wrong. Inc
witnesses who had been held back by their inability
TO be here to-day could certainly reach the city In
two days, and he dd not think counsel should ask
Judge Pers5h replied that the postponement
asked for was very short. He only desired reasona-
bic time, and had no disposition TO urge unnecessary
delay. In Important cases 1t was not only necessary
TO give the witnesses ample time 10 arrive, Dut inc
opportunity also TO have interview with counse.
In cases OF importance where the question OF guIlt
rested upon the intention OF parties, IL was neces-
sary to enter INTO particulars and TO examine many
Witnesses II was frequently difficult to prove
laton or the law did not proclaim their intentions
II was as important 10 the Republic OF Cuba as TO the
United states that there should be full lnvesllga-
ton OF this matter Questions were involved WhicH
should be settled He did not think that the delay
OF 1--WE days would be asking too much.
Mr. o. p Meares on the part OF the defence, said
that the line OF conduct pursued by the United States
IN this case would be marked out and held up as o
precedent IN OBTAINING American ships or war IN
foreign ports Here ship OF war under regularly
commissioned officers under the seal OF a de Jdcto
government, enters an American port lii distress ana
IL seized by the government on the charge OF viola.
ton OF the neutrality laws, and had been detalned
f e s now NO
interest IN this would ask what authority the
United States had to detain vessel OF a de lucto
government until II had time TO search through
out the length and breath OF its territory tor testi
mony, The ruling even IN ordinary criminal cases
was strict. State or government makes an allie
CATION OF crime at It's peril. IL had no right 10
charge crime without testimony TO sustain 1t.
sezna "as the war Of one and nen
asking for time to hunt up testimony. II would not
do by delay In order TO protect the neutrality laws
TO set precedent OF aiding the other belgerent
power. A delay would be giving aid and comfort TO
spain.
Judge Meares continued his able protest against
further postponement for some time.
Mr.. c. r. Lowrey said he made no inuimation that
such the intention OF the government but this
action was In the interests OF spain. 1t was tying
up one OF the vessels OF Cuba; while those OF Spain
were employed In the service of that government
The Cubans are belllgerentS ana nave been so
acknowledged by the United states. This delay was
capture, not by the United States but by Spain.
agents would hunt up testimony and Spanish gold
would suborn witnesses. AS yet they had not found
was not only wrong on account OF the heavy expense
attending the detention of the vessel, but II would
enable1Spansh agents to get up testimony. II was
Spanish and not an American prosecution.
Judge Person denied all knowledge OF any persons
interesting themselves but the government officers.
He knew none other. He came here as the attorney
OF the government or the United States, ana no one
else. The government desired only to do It's duty to
ierred to the dificuy in compelling the attendance
OF witnesses. The officers OF the government were
busy hunting up their Witnesses ltwas known that
could not find him. He was told that he had
deserted just after the arrival Of the steamer
in this port. He again declared his desire to
ask no unreasonable delay. He desired IN all
fairness and candor to clear up this matter-tc
settle the question ia regard to the relations OF the
United States and Cuba. The citizens Of both coun
tries desired to know what their rights were and
the question should be settled for all time TO come
far, just and proper understanding should be
arrived at and reasonable time should be allowed.
Mr. Davis said IN regard to the witness being
''spirited away" tnat there was person on board
OF the Cuba who believed 10 be spy IN the pay
OF other parties, and had so admitted. Before
any proceedings had been Instituted against the
vessel, before 1t was believed any would be-for
Commodore Higgins supposed he would be treated
with all the hosptaies and honors due the repre-
sentative Of a foreign governfnent-thls man mad
deserted
Commissioner Rutherford sala that he understood
that the government had used all diligence To pro-
cure The attendance OF Witnesses The counsel mad
originally asked for ten days. but he had thought
that until to-day would be ample time. He could
not that great harm would result from the rea.
sonable delay asked by the government. He
understood the counsel to say that the government
would be ready on Saturday, in any event. lEe
therefore postponed the case until Saturday, 10Th
inst, at ten O'Clock.