The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-02
TaE CASE OF THE PaIgarEEa HORNET.
Eighth Days NEUTRALITY-SUSPICIOUS. Of
Connsel-Conclusion Of the Trial OF Conmo.
d0re Higgins and His Officers.

IRON The Wilmington IN. o. Journal Oct SOL
:, Inc court met for the purpose OF hearing argu-
mehts IRON counsel Tho fact that the speeches
would be made attracted large NUMBER or spec
Ators While we shall endeayOr 10 convey 10 tho
mind some idea OF the character OF the
arguments, We by no means attempt to give these
speeches 10 fnl!-and confess in the l.miteo space
slofaea Us our inability DO the able counsel JUS
ucsi Inc pubileatlon OF Their arguments III fun would
Only 90 that. IGe speech oil dr. Dnvis was espe-
Gla5 ans ana ELOQUENT and ives highiy appreciated.
ana hali yet the spectators attention scarcely
asgged.
o. our International Obligations aud relations and
the responsibility they nla! treat stress was laid
upon the International code, taat whlch was crys-
talized and took form In the Of 1918 the act OF
1894 being more or iess temporary it, nature aud
provisions. The duty the Commission i was two
fold; TO examine first, II Ciience has been COM
United ana, second u there Is sufficient ground for
the belief that the parties char Sed guilty. The
lact OF TUG horhst coming Ia nero Is maii-ofwar
Was admitted. 10 Is shown Ia testimony That when
sh0 lett Phiiadeiphia she waS 20 all appearances q
peaceable yessel-at Halifax. aise, sAe appeared
thus SO that between leaving rnefc aid her
Grilval mere, slo mast have i4cn III cd out IN
an armed vessel The question Is whether sns
lifted ont 10 the United States and II any
of the officers charged were SnowrnNiy concerned In
niRg her out Ia the United States. sessrs. Munro,
Cook ana Dornn were evidently concerned. The In
tertlon existed when She lelt Psitadeipn.a A man
VINO carries vessel to he armed Is ManiEcsuy as
gdiily us he VINO carries arin8 board. As 20 the
others the question IL whether they were knowingly
concerned 10 toe armament or taS vessel Within the
Units OF tie United States. 1ae territory OF tna
4
wILe! over which ne autlorty VI TIE eated states
observation-disclosures IL has doailsn and jurisdiction
anu bears sway A vesse, CT e9gntry ID ! part OK
t.te territory vi tAat country Wherever sac may boi
tnij doctrine Is lu.y lal down n the
elementary books. lno 5atea states always
has aua always wli asset aui MAINTAIN
IL control ana jurisdiction over csriGn waters
contiguous 10 Its coast. Wbesher ye4se! be wi-l-
IN two, three, SIX or ten niles OF LAG sGofc EAe Id
WITHIN tie Jurisdiction vi the uAiscd states. Tie
testimony u witnesses GD44danhy prove that tl;s
vessel was actually within a usrpe league or the
Y.
der the ruling OF The court, the wa0ic ships COM
p9ny might nave been brought forward. But way
Id they moi bring them Not word has been
heard from Commodore higgins sr Captain hsling
or the other officers, with tie excoYtton OF one or
Goraon gibson, CaftaEs taaihtt All Reed were then
reviewed aud critcized at uca eneLh; also LAat II
LIevers, Christian aud fowlerl rhs prosecution Is
instituted for no purposes OF persecution OF pansii-
ment Dut 10 ascertain tAe Eu,h aad Inalltau tia
honor and dignity Of the g1se.A.aeat iiIaet. lls
government did net prosecute. IL ctalo.5 not for
punlshmelt, bat for truth.
Judge Meares led Oh for ste dclonce. lie stated
that in Almost every instance In tae various
decisions OF the supreme Court he at OF 1918,
II had been where the snip Oh trIai ana no, the
officers that the statute had been construed. lie
agreed WITH the government couase about the pro-
pricty Of The neutrality laws. fhe counsel might
have been weak in their Judgment wea they INTRO
Ggced only sufficient testimony TO reolt Tie test-
Inony OF Gordon. but when the Court ruled that the
testimony OF the dcendsats was aaaissble. tno
renee. il the counsel on Tue olaer SIDE were not
satisfied with the testimony Maodaced, way did
they not call Onef dsfe0oaiS On tue atsnuf tiel0
the counsel bestowed apoa the slarp New
York detectives. VINO eppcared so eager
IN tue prosecution here sone very cut ,.
snip may be guity IL aw ana every oacer aud
man on Lei lnnoceuti she may be condelnned III
LIBEL case II lacas appear az Charged ana taen ever
man on trial be positively innocant. Have any OF
these officers been guilty OF ssttng sst TINS vessel
for hosaie purposesi VIA eae government rests
the affirmative ana IL must make cut its case there
must be proof positive on every oEe OF tle po!nA
charged Il does LOT appear t. ice court juGicaily
tu1f a
case must DO mace out IN thiJ respect; IL Is mate
rial part tDa this fact stall be atetea ~ the proper
State document presented IN court Ccfdon'5 teSti-
ncny docs not snoE that the Saceas 81 ths sup naa
armed and ned oat or Rad anything 10 GO wllii II.
! one or more Of these parties on Trial were
| concerned In niting ous TIE sup. iho
the shore then nobody is guilty: II iishie Il must ba
shown which OF tho ellcers as5isted IN lifting
| ont. "A 70 TIE Jurisdiction over Water ths IS not
| decided by law tIere quoted lem heat's ConMen-
| tares regarding the doctrine OK jurisdiction OF O
country over contiguous seasl Tie general i'm res
aou is against 1t, ana the gcsora view by authcrI-
ties is that tue jurisdiction "a country extends nc
further into the sea than cannon SCOT, that 49, uia
| r.ne league and tae Congress tie United states
his remarks BY asserting again THAI tie ship night
be guilty without one q The ellcefs or inca. II
0hera from the shore lifted out the snip they vera
not here to-day. Tue Officers hero mere lockers
on, and assumed no authority TAD the Cuban nag
raised.
Mr. Davis IN opening his Argument said that ii was
a misfortune that this cause should have been pre-
room dismanllea, her crew disbanded, the vessel
seized and az much LOST 10 the cause OF Cuba to-day
as Il already condemned. With0u6 intending 10
renect upon the action OF tde government, ne would
ask necessary It's honor that action should
80 further, or that these honorable gentlemen hero
should be arrsiguee under criminal prosecution?
In defining the duty o the Commissioner the govern
menr counsel had laid great stress upon Tue ques
ton OF probable cause aud reasonable suspicion, but
tbis auction Of probable cause does not preseut
auythng deGnite-the question -, does the justice
or the government. upon the evidence actually
overs Uader the neutrality act OF ISIS. Is
Y no offence TO arm snd as out vessel in
tae United Statea The offence consists in the intent
70 commit hostlities against nation ut peace with
the United states. Uuless th@ fact Is established
- It shown that it was at peace with Spaiu or any
other natlony ON the nr5t examination IL was con-
tended by government counse, mat the Ship Was not
apubnc shin, 0uta's bei,gerent rights not beng
recognized by tie United states II recognized no
war between spain and Cuba. Appying TINS to the
defence the snip could not DO utted out for war
against SPAIN when The Court lad no judicial knoWl
edge that there was var With spain Tue prosecu.
ton has failed 10 establish II IN proof and facts Of
history must be proven any other questions OF
facts. Toe intent to wage war with nation
I'm whom o re- are .s S sMsS tna, 1 and very
aeacs eNsts n' Il he " aassoS Of III urs
diction over The sea &c has not been shown
tist tie fitting out occurred within the jurisdiction
or the United States Thc Jurisdiction over CONT
guous waters was exten ded to within marine
league OF the shore for the protection OF the revenue
interest aud it Is ahsuroity TO suppose Lat tha
territorial linn = or the United States cover Tue greas
extent wafer eS clalthed by counsel. IL Was
assumed that the count Isust exclude from cons-
nerato1 oil the testimony OF Gordon. and tais
assumption the counsel proceeded To substantiate
Gordon was an accomplish, an accoinphcc VINO
became such with the avowed purpose OF betray,ng
his comrades Tor money. He has exhibited himself
untrustwortby and bad centradcted himself aud
been cCntradlcted. "a sharp aud scathng review OF
Gordon's testimony was here made.l Bus the ques.
ton Is not whether the ship ntied out, but VINE.
ther the defendants were concerned In nttine her Out
Commodore Higgins aud officers so far n the court
knows, never heard OF tho expedition OF The vessel
TIL she arrived at Halifax, Did anv Of thesS
Officers a. out she vessel wAtbin the jurisdiction OF
tue United Statesr yney had even taken the pre-
caution 10 10 out Of the Un,ted states 20 JOIN tho
ship aud avoid any violation OF the neutrality act
"A lengthy examination and scrutiny OIL tha tesn-
mony or the Witnesses regarding the position OF the
vessel at Mouiauk Point MAS here made Aul When.
ever the justce OF q government becomes hnkel WIN
spies and m.ormers then g0odAy 10 the liberty OF
the citizen ii was denied that the government had
done H. but It Wac tie screaming OF yutUre3 aboFe
the cQrcass land here the New YORK detectives