The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-07-09
FlE WAR ON THE CUBlNS.
Examination of General
GOicOuEia.
The Complaint Dismissed and
the Accused Discharged.
The Cubans Enthusiastic Over the
Result.
ItlTrp STATES COMMISSIONERS crUST.
Before Commissioner Belts.

Mr.. Phelps appeared for the government and Mr.
Lowrey Tor The defendant.
The hrst Witness called was George W. Hail, agent
Cor the Pennsylvania Iron Works, at No. II BrUad
way who testified ne met General Golcouria IN the
su ding, IN the 'front.' Office the second moor; saw
oHer gentlemen there; did not know their names.
O. Did you receive check III payment ior arms
last monthg
Mr. Lowrey objected, as he wished the examIna-
tion 20 be c0nfued TO the defendant.
Examination resumed-Received a check for guns
from william GonZaes, who was IN the once; MIR.
Reed TOOK them from MS worAs in Chester,
Ia; numser Of strangers were present
N the time: met Gonzales several tunes
suce: his interviews win General GoNoui Ia
occurred nrst on the 10Th Of Jane has oiice; Mr.
kee4 mtrOdueed him 80 thc Gene. a; MAJ bill ir
pres es AT the time; handed hn the bhl, Duo did
moi ASK HIM for pay ment; Mr.. Iced INTRO iuced niin
Is TIE General as the 0~ent o. the peuns! yana IRON
works; tue q lie i told min ne palI Netc out
an lie Dll Nouid be pad the nexi morning, Gated
again on the General ABOUT Inc bu, aud lie said
TIN paroles were out; called again and the bal was
pad, dld not receive payment lor oeher articles AT
the same pace.
Sr. Unarles Il. Pond testified tina, he was mer-
ant, DONG business at l.v broadway, deals IN
artlc es an ertalnng 10 arms; did mol AnJw oil any
fu Is beng delivered nc Ais place ol BUSINESS; Knew
General GoicOurIa; did not know o. the arrival of
an. military goods at Milford winch were put
hoard a stoauLug; mai business relations with
general GOlCuuria lor some years; had appilcations
Ion Wal materials IRON the General during the last
SIN MODihS, ldu Applications WllLl tlC pdSJ Two
months; tie applications dad not result in the pur-
c nase Of any goods hy General Gocourla.
O. Did they result IN the purchase oi such goods
by other paruesf
A. That question decline TO answer, as it might
tenI to crI!linate yse.
Alter SOME discussion the question was admitted,
ana the witness testified that partles to nun
oil The recommendation OF oolcouIla and he sold
tueiu arms some goods III winch he had an interest
were Slapped 20 him from Governors Island 10 Nil
fofI could not tell the exact time they left; thought
the goods lett Governors Island indirectly oy his
orders gave directions for the vessels 10 go when
thet were reaoy; had an unders andlug with
pa ty That Ii he shipped his goods on Joaru of
vessel he should be PAD for them; una know the
anne OF the vessel; the vessel was to be the Long
Isand sound
Mr. Lowrey objected u the witness stating VITA
whom he naa The understanding, unless 1t was con-
Decicd WIN the the District Attorney should
NOT lie permitted 10 90 On with guesswork in the
matter Tor the purpose of other prosecutions.
lae Commissioner permitted the witness to
answer.
examination resumed--Had an understanding
with Mir. ora that II the goods dellyere on a
vesse he should DC PAD, the goods about when
be understanding took place We're guns, cartridges
Hc., the amount being about $4,000 or $50 100;
have had 50 much conversation with General
Uloc0uria that he could not remember II he had any
cor alton with the General the subjecI OF the
understanding he had with Mora; Mr.. Gonzales had
no knowledge Oh His conversation with Mora.
Hugh Sloan second steward Oh the steamer Catha-
rlne Whllng, deposed that he was q seaman fol-
ni.iS years; The Caharne Whiting lay at the Allan
tic Dock till saturday, 10th OF June; she lett thai
afternoon ana anchored OF Bedloes lsland the
crew numbered thirty-IWo; there was paSsen
set he believed that ne was the defendant thought
h might be the purser; did not know what the
Whiting had on board 81 med artic es ito go to GAL
vet and Key West; the Whiting lay IN the stream
TIL sne was taken To the Navy Yard; she mad steam
mp one day.
Cross-examined-Was subpRnaed bv one of the
marsnals; me Marshal told MIN he should make a
good tulng IL ne would comes he SAID he would
maze 500 out oft; the money was to be paid by
Deputy Marshal Davis, VINO was employed by
Marshal Barton to look after Cuban matters
Mr. Lowrey here asked Mr.. Phelps, the District
Attorney reproduce the informer French, but the
Latter SAID that French having fears for his personal
safety, went about his own private business he
and Barlow had told him that he would not be re-
CURED any more.
Mr. Lowrey was sorry for that, as he had obtained
some facts about the antecedents OF French winch
would dscredit his testimony.
The government here closed their case.
ARGUMENT OF COUNSEL.
Mr. Lowery then rose and said-May II please the
Court | ask to have the accused discharged from
custody being as far as the evidence here presented
goes, a. innocent man as any one In this court
SHY OF dstngu shing between those things which are
probable and those which are merely suspected, and
here 1t Will be proper 70 first advert to the offence
charged against General Goicouria The District
Attorney agrees to limit the discussion to the sixth
section There Is nothing whatever in the evidence
TO connect him in any way with the third section
that is dttIng out and arming vessel intended to
cruise and to commit maritime hostilities.
Mr.. Phelps-I don't agree to that.
Mr.. Lowery-Then ask the District Attorney to de-
scribe the offence under the statute ne claims was
Committed by General GOcouria
Dir. Pheips-I have no objection TO that The EVIL
dence shows here that the offence was committed
against both the sixth section apd third section OF
the statute.
Mr.. Lowrey-Then you proceed on two charges
one under the third section and under the 81 xt
section. Now with regard 10 the first charge it is
held before you convict on this charge It IS
Necessary 10 determine that there has been u vessel
sup ntied ont and armed with an intentthaI in.
tent being 10 cruise and commit hostitles; and Ii
must ue nted out and armed, and the intent exist
ia The mind or the accused that such armed vessel
was 10 be used IN the manner described In the
statute. SO that therefore, II 1t should be found
III reference to the Catharne Whting-the only
vessel namedo IL It should b, found that
character and equipment qualified 10 cruise ana to
commit hostilities on the high seas 1t must
stui be found to have been 0tled out, armed aud
equipped b. the accused in this case, General Col.
cUuria With regard to the vessel herself evidence
has been given whatever concerning her character
that respect. she is described merely as steamer
with a crew of tnirty-two tnsn-certany not fight
ing crew There IS no evidence that she was provis
toned, munDoned or prepared Tor cruising; nOtniAg
all to convict the vessel as cruiser and falling 10
CON- HE vessel the prosecution tainly fails to
posed that 1t Will ever happen as 1t never yet aid
happen, that common passenger found on board q
snip viii be condemned by the law relating TO yes
ses cruisers This section has alton TO such
vessel a. this engaged in peaceful pursuits OF COM
crce aud carrying passengers. IL IL to be presumed
that the Catharine Whiting was merely sucn YES.
sci; aud IL she was not tue District Attorney would
he only too ready TO prove that she was a
vessel capable sof cruising. THIS part of the
snrdlty. And even II the vessel was equipped and
armed that Tact does not connect General Goicoura
with the purposes OF such arming and equipment
from the fact that he was found board. The test
Inony says that he was represented and had the APP
pcarance OF a passenger. Some one said he was
pnrser and some one says he was introduced by a
name not his own. But that Is nothing. The Dis.
trlct Attorney will have TO argue TINS absurd and
untenaDle proposition-that whenever a vessel shat
be seized by the Marshal IL shall be deemed to be an
armed vessel, and any person found on board sba
be presumed TO know that such vessel was armed
and equipped as a cruiser destined TO commit hos
tllitles. FAR as the destination OF the vessel
concerned 1t has been proved that the vessel was
destined for Galveston by the way OF Key West
Your Honor VIII be bound by the evidence, and
from that we md that The vessel was bound on q
lawful voyage, without any equipments Of any kind
Understanding at all about her to bring heI
wiihln the description OF the vessel named III the
thrd section. Tbefnore serious offence must be de
cded to the sixth seCtiOn and here, in this con
nection, ] must call attention 10 all the circum
stances surrounding the case. General GOicOuria Il
accused OF an onence made so by prohibition. Ht
~ accused OF an offence IN which he bears certain
relation to General washington aud Benjamin Frank
hu, oIce caiei traitors, AMI who might have beer
made 10 stand IN some court TO answer such charges
General GOCOura charged