Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-10-15

and then asking for time to hunt up testimony.
Itwonld pot do, by q delaym order to protect
, the neutrality laws to set precedent OF aiding
the other belligerent power. delay would be
giving aid and comfort to Spain.
| Judge Meares continued his able protest
against further postponement for some time.
Hon. G. p Lowrey said he made no intimstion
that such was 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 beligerents and
have been 80 acknowledged by the United States.
This delay was capture. not by the United States
but by Spain. The courts were indeed msde use
of, but Spanish agents would hunt up testimony
and Spanish gold would suborn Witnesses. AS
yet they had not found testmony-he hoped they
would not. The delay not only wrong on
account of the heavy expense attending the de-
tention of the vessel, but would enable Spanish
agents to get up testimony. 1t was Spanish
and not an American prosecution.
| Judge Person disclaimed all k, Owedge of any
persons interesting themselves but the Govern
mon: officers. lie know none others. He came
here as the attorney of the Government Of the U.
S., and no one else. The Government desired
only to do its duty to itself and to tho friendly
world. Judge Person referred to the
difficulty in compelling the attendance of
witnesses The officers of the Government were
busy hunting up their witnesses. It was known
that one was on board the steamer Cuba, but the
Marshal 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 III all
fairness and caadOr to clear up this matter-to
| settle the question in regard to the relations of
the United States ami Cuba. The citizens of
both c0untriea desired to know what their rights
were, and the question should be settled for all
time to come. = fair, just AMI prOper under
standing should be arrived at. and reasonable
time should DO allowed
Mr.. Davis said in regard to the witness being
"spirited away" that there was a person on
board Of the CtJd who was believed to bo spy
in the pay of other partioa, and had 80 admitted.
Before any proceedings had been instituted
against the vessel. and before it was believed
any would DO, for Commodore Higgins supposed
he would be treated with all the inequalities
! and honOrs due the representative of d foreign
government, this man had deserted.
Commissioner Rutherford said that he under
stood that the Government had used all dill
gence to procure the eIdance OF witnesses .
The counsel had originally asked for ten days,
| but he had thought that until to-day would be
ample time. He could not see that great harm
would result from the reasonable delay now
asEed by the Government. He understood the
counsel to say that the Government would be
ready on Saturday, in any event. He therefore
postponed the case until Saturday. 10th instant,
| at 10 OclOck-Dauy Journal 18TH.
| The DETENTION OF THE '' CUBA" ORDER
ED BY PRESIDENT GRANT.-Since the case
Of the Cuba was up before the United
States Commissioner yesterday, the =. s..
Gunboat "Frolic " has arrived in port,
and the following correspondence has
passed between the Commander of the
"Frolc" and Commodore Higgins, com
manding the "Cuba." 1t will be seen
from this correspondence that Presid ent
Grant orders the detention OF the CUBA
in our port
II. s. STEAMER &" FRoLIO")
| OFF WILMINGTON, N. G.
Oct. 18th, 1859.
Sir: By orders OF the President of the United
States you are forbid LEAVING port. You will
therefore remain quietly at your anchorage I'M
| til further orders from the government.
Very respectfully
Your obd't sorv't,
HENRY Wilson,
Copld'r U. s. N.
| Comd'g Officer Steamer " Cuba"
Off Wilmington, N. G.,