The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-24
STREET QUOTATIONS..
THE CASE OF THE PRNATEER Ctss.
The Trial M Wilmington, N. C.-First Days
Proceedings.


Commissioner Rutherford called the court 10
order at nalf-past ten O'Clock \. ~
Mr. Divine, stenographer, was sworn Iii.
Mr. Davis IN behalf OF the defence, entered q
motion for severance. There were twenty~lour
defendants IN the charge. ~ wouia ne nnpossiole
to keep separate the evidence against any one OF
them from having an undue bearing In regard 10
the resi-. ,
this motion. lie mad never known oil such motion
maGe before committing magistrate. His func-
lions were twofold-first TO see If any offence had
been committed: and second, TO determine nom the
evidence II he had cause to believe that any OF the
persons accused are guilty, and Il so, TO hold them
for trial. There was no jeopardy or hazard 10 these
gentlemen in this trial and the severance would
only entail additional lab0rs.
Judge Person, IN opposition 10 The motion SAID
thai II would take Two or three days 10 examine as
10 each one OF these defendants. II their cases
were severed tins examination would consume
weeks. lie Thoughts this practical diilicuty should
he taken into consideration, where no injustice
eonid be done 6y dsalowing the motion. In THIS
case, where there was common design ana pur-
pose and these men banded together, the EVIL
denes which Conyicts one would convict all.
Judge Meates, Tor defence supported the motion.
Carolina courts This trial. III lts effects upon the
defendants Is something more than mere prellmi-
nary examination. They were charged with
serious offence. Ii mas De something more than an
inconvenience TO these gentlemen 70 be compelled
to give bond for their appearance hereafter. They
were strangers mere II might cause tnelr lmprlson-
meuI They not be prepared 10 give BOND.
TINTED states and owed no allegiance 10 TINS govern.
ment, and Its courts could not take cognllance or
their cases even Il guilty Of the acts CHARGED.
commissioner Rutherford said he could see no
injustice that could result froR hearing all the cases
III He, therefore, refused 10 grant the motion.
Mr. DAVIS asked that the witnesses for the defence
might be separated aud sent from the court room.
Judge Person remarked tnat the governments
witnesses had been directed to stay below.
James GOrdsn was introduced by the prosecution.
Judge Person conducted the examination.
he said ne vas nineteen Years OF age, a seaman,
born ~ scotland aad brought up IN New YORK; came
mere in the Cu0a: sue was A prtyateer, as all had
been promised . snare IN her captures: she had on
board i've 52.pOgnder guns and two l2-pounder
howtzers, AMI small arms; knew The officers; did
net know aus sag . the COMMISSIONS OF any except
Commodore iggin-. Inc s't u officers was read
over. ana witness gave Rls impression vi The rank
Of each.
and witness directed 90 contlne himself 10 facts
Of his own saowelse, He Identified moss OF The
OllCers by nsIue.
witness 1rst became acquainted with Colonel
Munro. wac was Lieutenant OF marines on the
CUBA, IN August IN New York: was with hIm ia the
Ryan expedition; sometime IN september he met
with hlm on Broadway ana went with him ana others
10 an ale saloon Ia NASSAU street, was informed that
there was something SURFING on nand met daily
lor several tass N Cty Han Park; changed
place OF rendezvous 20 the Battery avoid suspi-
Cion. aud then 20 Fulton Market, Eatnarine Market
as to when the expedition you'd start; some fifteen
met together lld not remember exact date OF
departure rom New YORK, and started to refresh
his memory " reading rom notes taken by James
Murray while a. sea.
SIR. DsTls objected, a. it was not coniemporeous
paper. Il vas made subsequently, and It easy
20 perceive FOR what purpose. Counsel i0r the
prosecution ilj not !1sss upon the reading.
witness IN rasumiag thought II was about The loth
OF september, IN s1e evening; went 20 Tenth street
ferry. East river vent across 10 sreenpoint and
went up 20 > cove aad waited; Afterwards went IN
squads OF i've On ooafd tho yacht Anne: went %
ooata seventh stcsst, NAliansolfs when lhey were
Joined soy C0lonel Munro, with iye six men;
sailed out the NarrOys About Two miles, and went
board or the schooner Petril; was paid thirty
ave dol srs less sv0 dollars paid By Colonel Munro
IN New York As dFsE moatasvlges; they sailed along
Long Island saOre sn.il they came 70 No Mans Land
when they met yesse. 81 order OF Colonel Munro