Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-10-22

case OF the steamship CUBA anu officers was
called according to continuance before
United States Commissioner Rutherford,
yesterday morning. In addition to
Judges Person and French, Mr.. Benz. r.
Phelps, District Attorney of New York.
also appeared for the Government.
The counsel for the defense stated that
the case covered two distinct forms of pro-
eeeding:
1. A proceeding against the ship on an
action of condemnation for FORGETTING,
and
2. A criminal prosecution against the
officers for violation of the neutrality
laws.
It was then desired to take up the Sec
ond branch of the proceeding first. and as
there were quite large number of officers
who could not be done strict Justice by an
action against them combined, it was
moved by Hon. George Davis that the
examination be renewed as to the defen
dants and that they be put upon their de-
fence separately.
Judge Person, on behalf OF the Govern
ment, objected to this proposed arrange
ment as unusual in preliminary examina-
tons; but admitted the right of the de-
PENDANTS to severance of the examina-
ton on an Indictment. This was a mere
examination into facts, to see if facts exist
to show reasonable presumption of guilt.
The investigation now was not conclusive
as to either side, but merely to see if there
is reasonable ground for the belief that
violation of law had been committed.
The counsel was here interrupted by
Mr.. Davis, to read a telegram just handed
him from Mr.. G. P. Lowrey. the New
York counsel engaged for the defense,
which requested continuance of the ex-
animation until Thursday next, and stat
ing that he was detained in New York by
important business. On this the assocja-
ted counsel asked the courtesy of the Court
to postpone the investigation until the
time mentioned.
Mr.. Phelps. for the Government, stated
that it would be his pleasure to have Mr..
Lowrey here during the investigation ;
but the postponement would be of great in
convenience to the Government, not to
mention to himself personally. He had
been sent out here by the Attorney Con
eral-not because sufficient confidence was
not reposed in the other counsel engaged,
but to show that the prosecution was in
stituted by the Government of the United
II
attending postponement, and begged
that the Commissioner would go on with
the examination.
Judge Meares, for the defence, said
| that he knew of no persons so much inter
ested in bringing the examination to a
close as the defendants. He regretted to
ask continuance but the Court could
not overlook tho fact that tho Government
had already asked two continuances for as
much as ten and six days respectively, and
both having been granted it was but just
that the rules of practice should be follow
ed and the continuance now ASKED by the
| defence be allowed. He had strong rea-
sons for believing Mr.. Lowrey's presence
here would greatly shorten the exam:na-
ton.
Mr.. Davis remarked that he had now q
personal reason in asking the continuance.
The Court would recolIect that when this
cause first came up for hearing he had
made mild and moderate protest against
the arrest and detention of the steamer
on the ground that she Was a public ship.
But half-crazy report had been publish
ed in a certain newspaper in this city and
from that copied into several of the
Northern papers. which pretended to give
the remarks Of the counsel. He (Mr. Da-
vis) had been made in this report TO say
much which he did not say and in total
variance with what he did say. Both the
cause and the counsel had been made the
subject of newspaper criticism, and in the
northern papers the counsel were limited ut
as incompetent from this very foolish re-
port. For this he cared nothing person
ally, but was very DESTROYS that the cause
should not be prejudieed, and that it's
friends should have the satisfaction of see
ing Mr.. Lowrey here az he (Mr. Davis
greatly desired.
The case was continued by the Court
until Thursday next
We omitted to mention that when the
Court was first opened shorthand repor-
ter was introduced by the Government for
the purpose of reporting in full the evil
dence of the witnesses as the trial proceed
ed, which was directed to be printed for
the benefit of the Court, but to be pub.
lished in no newspapers. Under this
arrangement, the evidence submitted on
the preceding day will be read at the open
ing of. the Court each morning. There
being no objection to this the reporter
was sworn in.
Daily Journal 18Th.
L. x.k< Ill