The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-07-09

tion OF the ofHenco charged against GencIa Sor
courla by considering first whether ne comes wIthin
the pronbiuon Of the statute BY taking up the con-
dtons Of this ofence. FIRST, then, there must De q
no; Sssp 'ss'ss By an ANY
diiion concerning which some evidence has
been owen, but which has not been proven
J 10 have been an expedition although the term
mas been constantly used IN speak ng OF IL. ! only
nse the term because the thing itseli IL best known
| by t This was not in reality miItary expedition.
w,thin The meaning OF the law, 80 Tar as the proof
gees, There Is no proof whatever OF any organized
that any one connected with supposed expedtion
Intended 10 commit lOstiliteS against SPAN. And
your Honor cannot inler that at the present time
there ia any war existing Se.ween spaiu aud her
colonies our government has not recognized such
state Of things and your Honor has no means OF
through tne political branches OF the government.
And the government SO lar as you are Informed Is
| entirely unaware there pre' ais any disorder. cisu
war or disturbance vi any KIND within the territories
Of spain.
The District Attorney has failed to show that IL
was the purpose avOwed or Withheld Oi any person
whose name was mentioned VITA tue supposed en-
terprise 10 commit hostilfties against any person,
| against any foreign prince or state, except against
tie potentate VINO rules over GARDENERS Island,
waere tney landed. Ana II II had been shown TO
your Houors satisfaction tA.t mere nau been or
! gained an enterprise or military execution such
as IS iorDidden TO be carried or set On loot here
aganst the territories Of a Foreign Power the ac
cused ha, not been lUlpiItoIed therein. 10 sustan
| the charge against the accused lnisk ne proved
ne had qua this expedition, tina he had set
loot, AMI that he prepa ana provided THE mgaas
| for military expedition. Now INSIST your lioior
VIII search in vain Tor any proof That he PROV led
or prepared IN any way Tue means for the prosecn-
ton ths expedition or any other eXpedi.Ion
And yet perhaps, 1t may be proper TO iimt the M
curry 10 the expedition concerning which there has
been some proof. Now with tnat expedition, what
ever 1t was, there is not scintila OF evidence con-
Meeting Genera. GoicOufa with 10. The prosecution
polnt TO MS purchase material susceptible OF
IN war, but concerning which there IL no further
evidence as to what nni use II was proposed to put
II TO. NJ. ond distiacty denies mat he FURNISHED
General oOic0urIa with any arms, and he den.es
ALSO tnat any arms were sold or furnished by him
10 Others requet Oh General Golcouria or by
his intervention he denies any knowledge OF al
expedition, ana he did not know where the he
sou 10 ota-Is we're goi,ig 70 Mr.. Cody mas shown
that the CT tame Whiting was pat Oh an |
expedition at all Is deduced from the TACT that hr.
Christ5 Mlea he Went board The Juno iound
some Cubans on board. Frencn testIheu that he
was enlisted by ,oone Ryan To 20 10 Cuba and !
hgnt against Spain, out there Is connection what
e'er established between the Catharne Whiting, |
Colonel ryan and General % cJurIa
The DlsCrlct Attorney WI argue that there is |
PROBABLE casse to comnlt him for providing means
through Pond Tor Cuoan eApedton. But every !
the propositions ! submit as against such |
decision Is sustained First, that there no proof |
satisfactory your honor any forbidden expedl-
uon. Next, that itney not able to show he pur-
CHASED arms for any expedition.
1t Was said he had dat 10 his cabin found there |
after his arrest and as v ng that hatls seized upon
as q Ink TO connect HIM to the cuban expedition,
because some SIMILAR hats were found among The |
parties arrested The evidence IS that he owned |
tat hat Tor long time, and that was just the |
of nat wanted Tor warm climate ike Cuba.
Mr.. Lowrey-Yes; and hope Cuba will ere long
receive all American citizens as fellow citizens and
rights as In any state OF the Union then hope we
shall be permitted to wear our hats IN peace And |
now relerate that 1t is not unlawful to be con. |
nected even with an unlawful enterprise or eXpe.
dltlon. II would not be unlawful for me, having |
heard that an expedition was ABOUT be fitted out
OF the Kind, FORBIDDEN by law, ana being led by my
sympathies to connect myself with that expedition
to 60 on board and desire shed my blood in aid
OF the purpose contemplated by the expedition. |
Would it not, therefore, be lawful for General |
Gocouria. whose home Is IN Cuba, to go on board
this harhor and seek 70 yet thereY It is NOT
an unlawful thing to form the purpose here and |
then go TO Cuba and there shed his blood for the
Just cause he has espoused 1t would not be an |
unawlui act Tor him to persuade others to combine
with MN.
| Mr.. Lowrey quoted precedents in support of his |
views on this point and proceeded. The laws seeks
only TO guard our own government and country
| from useless and unnecessary complications The
purpose OF the act Is more to preserve our national
unity than to suppress the hopes sympathies or
to control the aims Of any persons within our terri
tories, except so far as they might seek to carry
into ultimate performance their hopes and aims and
! objects, in the manner expressly forbidden. re-
satisfy your Honor that General Gocouria should be
held to bail charge that he attempted to set on
foot an armed expedition or that he attempted to
lit out a vessel, with an intent that that vessel
should cruise on the high seas aud commit hostill.
only Vessel that can be recognized by The Court In
this matter s the Catharine Whiting, and she is
vessel intended by the act-not vessel capable
OF cruising and committing hostities on the high
! seas. But even so far as regards General
eoicourla there has been no evidence TO Coz
| meet him with that vessel. so that tue
! government fails on Its preliminary charge
against General Gocouria that branch OF the al
legged offence And In conclusion II fails, because
there evidence here whatever Of the fact that
there expedition Of the sort forbidden or II
there was that General Golcoura had any knowledge
of 1t. submit the Of the accused with perfect
confidence In the learning, impartality and integ
Mr.. Phelps Assistant District Attorney, addressed
the Court tor the prosecution IN an abe speech
viewing tue testimony as II renectcd most upon the
atrOnQlV NJ fha
laws.
REMARKS OF THE CORRESPONDENTS pIsMIssEs
THE COMPLAINT.
Commissioner Belts then delivered his ruling on
the case. he sad-There Is really no question of
law involved. The question is one purely OF fact
and probably l am az well qualified to de-
eide now, with the impressions OF the testi-
mony fresh upon my mind, as would be by let
and consideration. There are two questions, as
stated by COUNSEL, involved in the case. One is
whether any expedition was begun or set on foot
from here against Spain and in aid of the party IN
Cuba contendng there and lighting against the
hhs aag sHcs expe Ssae was ses o
General Gocouria came within the provisions OF the
statute as having taken part in beginning
nishing the means for it. These two questions
are independent, Although the evidence in the
case bears on both, am satisfied that the govern
ment have proven that expedition was set on
foot from here intended as against Cuba. The test
listed with three hundred other men, who all SUBJ
United to the same orders as to their movements.
luuepeuueDL Ol tldt, WueQ the tugs were seized |
there were found on board maps and charts having
reference 10 proposed movements and operations IN
Cuba and nags appropriate for the beratlng army
In CUBA. There was also standard on which was
worked the word CUBA" All these circumstances
combined with the positive testimony shows that |
this was military expedition consisting OF Certainly
over one hundred men, organized for the purpose OF
invading the island OF Cuba. Therefore az to this |
military expedition hold that the government las
made out the case. The important question then Ia
Whether General Gocourla Is proved 10 have begun
set on loot or provided tue means OF this expedition
The testimony Of French points no single act on
the part OF General GOcouria which connects him
either with beginning or setting foot provld
| ing or furnishing the means for this expedition.
There are many acts which parties living
here may righuully engage In to aid the in
| Surgents in Cuba IL IN accordance with
| law That any one here should. II they
thought IT. provide them with arms and munitions
if they did not go so lar as to organize hostile ex
petition. II General Goicouria was simply en-
gagged in providing and munitions In aid OF the