The New York herald., 1869-10-14
THE CUBAN PRlVATEERS.

The Case Of the Cuba Before tho Unitct
States Commissioner-Protest Of Commodore
Higeins-Character Of the Testimony TO ba
OAered-The United States GnnbOnt Froji.
at WiImingt0n-Thc Escape of the Cubar
steamer Lillian.
[From the wilmington IN. CO. journal, Oct 12l
The case OF thevuDan steamer Cuba was resumed
before Commissioner Rutherford yesterday. Al
eleven O'Clock the court was called to order. george
DAVIS introduced to the court Mr.. Grosvenor p.
Lowery, of New York, who svas associated with
Juoge Meares and himself in the defense.
Mr.. Lowery, In behalf Of Commodore higgins, read
the following protest aud asked that IL be Lled among
tae papers IN the case:-
J. Edward Higgins, citizen of the republic Of Cuba, duly
commissioned and acting a commodore in the navy
thereof being in command OF The public shpowar
port q wilmington, The Stats North dsTeaa ID The
s % o and h. ss cs sa dSp Alien
United States OF America and MAGISTRATE for the dis.
3 IN T 81 sD o. The % to %
and TO show why my said ship should not be detained
S s % s S tue S 9as ans ali
Ivrst- That tho said ship public ship of war
Ihat am, Aforesaid aicommssioned ofAcer of
yGS nss hereinafter mentioned IN Of the said
TrdThs on she "a Of October, being at sea and near
sss's hsss ss@gsffa fa iRS Y s' A'
rant W. ..asd rs ~ e. l;s d*sa ss. & 5
' esg SsS sSs of said chip which
IV-Ihs upon The return OF the said warrant did at
s T my Ss s sass s S9 rom s a
arrest dsenien or inerersaoe By cy or % eimna coar
pn her County, o wS
src' y due 70 tho offended nation offence has been
And now having FOR the dignity and honor of the republic
qn public ssgs ansaoTn sm'Rs me naSn ana being
a. usS se. anf Do assay ss. s s
hs Ss sd a sss % p h % af In 5
. G e d sS aver 3 s ss
sn o @ e. Sm s 3 q the ssd
vessel iarhsT tha, iac ssd paresass
and than twenty days after hef departure .nereiron,
and had cleared them and not nt hen bsa she
ted out It and armed upon The hs seas and beyond the a
sas
ns sanction Of ven established prspabpws, e PYSls
Commodore Cuban Navy, commanding Steamer Cuba.
OCTOBER II, 1869.
MIR. Lowery also made profert OF the commission
flc OF CUBA and signed by General Cespedes, Pres-
dent under date OF February 23 1862 also the order
steamer Cuba. tfhe commission aad order were III
Spanish. Translated copies are to be ted).
Mr.. y. j. Person, Oh behalf OF the government,
said tnat BY these papers being fled the issue be.
tween the government and the steamer was made up.
IL alleged upon the part OF the government that
this vessel had violated the neutrality laws; that
she was fitted up, # not armed, in u port Of the
United states for tue purpose OF making war upon q
government al peace VITA tho United states When
the rst heard he had asked for time TO pro.
cure witnesses in behalf OF the government. The
counsel for the defence had opposed his application
for ten days The Court granted untii to-day. II
was soon manifest thaG the attendance oil wit
nesses could not be procured In time, and he
asked that further time until SATURDAY. next be
granted This was longer than the original ffne
asked for but the efforts 10 procure witnesses had
been delayed by The fact that lt was impossible to
get them here to-day. He thought thar the govern
nlenI would be ready IN any event on saturday. tie
but 1t had been impossible to procure the attend
the government TO have the Witnesses here as soon
MIR. George Davis replied in substance that the
Commissioner would bear him out in the recol.
lection that what had been done In ming the
protest was but repetition Of what had been
done In solemn form at the FIRST hearing, Counsel
thon took occasion To protest against the action OF
the government; had stated the character OF tho
ship, the official position OF It's commander. AS the
officers OF the government knew OF the Importance
OF tins t reasonable 10 sAppose they wouldr
make all possible haste IN preparation. All the
defence asked was n full fair aud speedy investiGa-
tion OF the matter. Delay would have the effect OF
condemnation. ship oi one bellieercnt country
WAS detained Ia neutral port NhIe the vessels VI