The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-29
TIE CASE OF THE STEAMER CuBi.
The Trial at Wilmington, N. C.-Fifth Day.
psnrreIinrs.

FROM the Wilmington Journal, Oct. 81.
On the opening OF the court Dir. DAVIS for the de-
fence, proposed to Introduce several officers OF the
Cuba witnesses This meeting with object ion
from tle government counsel MIR Davis stated that
IN 1902 Congress passed an act to the competency
OF witnesses, making state laws the test or compe-
encJ In the courts or the United States in case.
Crimnal cases are governed by the common law,
and by the thitty-fourth section of the Judiciary
act OF ISL rules or evidence In civil cases
are regulated by TIC common law; therefore,
eivl cases beng provided Tor, the act Of 1852 must
,pa0 1dCt4 refer 10 criminal Every defendant
Is competent witness Tor his codefendant-so de-
clCed oy the supreme Court or North Carolina; mt
Darty Is not compelled 10 give evidence which
might crimiaate himself
Mr. Phelps contenaed that there was nothing In
the statute which included criminal cases ana that
tue laws Of the United states be disturbed
| by laws OF the state on this suoJect.
Judge Meares conteuded tnat such testimony YVES
admissible under the act and tnat II expressly
states that the rules Of state courts must prevail here
after much further argument on this subject the
Commissioner ruled that the witnesses we're COM
petent
sir. Gibson introduced Mr.. Davis conducting the
examination Witness stated he was from Liver
pool. Eng; heard OF Hornet in Halifax n. S.;
wanted position and applied to Hornet and
shipped as mate 7th or 6th OF september, lett Hall
lax september ", neXt port made was Wilmington;
was on board Hornet or Noman's Land; had iol-
lowed the for thlrty-thre years, past eighteen
years as masters and mates at Noman's Land
remember schooner coming up and putting men on
board about eight or ten miles rom shore: took in
some heavy cases from another schooner, still about
eight or ten miles from shore, cases were heavy
steamer was never within three miles OF shore; no
aeDna' Nsrtna Wosbin,pIao 1919 r Iaiae
Hornet then ten miles from shore; she was only
three miles al Nomanis Land ar Montana po,nt
over three mi 81 ONT. witness went ashore IN Mar
TOOK tnriyve minutes 10 % with ave oars and ov@,
| an hour TO come back.
Cross examined by Mr.. Phelps. Arrived at New
| YORK IRON Liverpool and renamed fifteen days;
| went TO Boston; stayed about fortnight; went 10
Halifax; heard Hornet wanted a man: went 10 Can
| tain Esng; he wanted mate for voyage IN oueena
town: left Halifax in four DAYS Mr. Philips was an
| board. saw Mr. Uorpin on Schooner M F}re IsIard
Il mt m Gphna
first schooner saw or maze for first waa vesae, vo
rnoy men an. made land nj gt,a Isiend. bad se, w
100 tons OF coal at HALIFAX nofnin1 ese ONLY heen
IN New YORK narbor once IN nv ree saw nosii,nn ~
FIRE Island on chart; mad fifteen or sIxteee mon n
| HALIFAX seamen and bremen: understood from car
| tam would have men nv and Nv. AID M,
4 look at chart on FIRE Island but knew
| nosition from insnection ~ char, mada
| before: said he had made n mistake: Eo.man;s
| Land was made first: was in The dayeloht
| or nine O'Clock; remained OF No.mans Land day
l ar two. frat vessel saw was a schooner ar NJ
mans Iand undar eail. we wore annroacbing 40 IL
Diner with So-manis Land twelve Or fon,feen mi, es
astern AZ ,s land IN eioht. Sdn,s lno,v snat "a =
vsas. d,d-,, saa cniors -, as ~
none AZ Usiiray or there ana nj IN lost Sar,,ro.ar
abont twenty miles from American coast. coiors
| ihen Cnhan ensyn ahnnt aiavan ~ abon 49, !,
schooner hailed III ana sald ana Mad nassanaera Tor
/ oueenstown: sine man camo On ihnarde some
| were trish. nofhtng said ahnut ,,agsara
| aone az tho men carne ~ No.. go ora,
cases taken an. schooner tert. mat ~, Nv
| tnere. don,t Know ber naroa. Az, sh
| was the Petrol; uassenrers for 0ueensto,rn vera
Cordon ann fe,y otners. "a nIot, .ii - s,,
ter Uak. want 10 her ana made her ,ass. sha as
three or toItr rniles from lana. s,1 49, s,o 80,
quarters. DON'T know what coast h Sas ,o 81
~ ont uaeE scuooner heore ~ bo,isa bar. ~ M
mn came On BOARD rad day. don Eno = ma 20
came "a Il paegenCer an moi. ehout dftaen ~ s, ~
miles rom land tnen. had Gne weather foT urea -
lour davs after we eft Hatfax yyind sonh yaat a
| northwest. falr weather on No.manis lana. ~ trnu
lie I'M we met frst schooner: rough afterryarls i"r
| thrJY.six hoIrs and ugtil We came M with .eennd
| schooner. schooner went to eastward We Ia sn1th.
| ward: schooner went out OF slvht. Jaw Nor neyf
evening living at anchor near CAY Head: sent a boas
to htr vent IN boay took three ararters ~ an honr
| 10 90, with weather moderate. / SAID nothing Ia
| captain OF schooner; CAPTAIN Ingrabam MAS with
| me; schooner or 40 tons: she got under way,
ard we pulled back % steamer after towing schooner