The New York herald., 1869-06-18
Arrest Of the Members for Alleged VIC
latiOn of the Neutrality Laws.
Secretary Fish Disciaims any
Interference.
Excitement in New York and
Washington, and Release Of
the Prisoners on Bail.

| u
| profound sensation among the citizens OF this
metropolis, especially when it was thought that the
arrest vas made at the instigaton Of the Spanish
representative in Washington.
The Instructions were at first presumed to have
been issued by Secretary Fish, at Washington to
United States District Attorney Perrepont by whom
the matter laid before the Grand Jury and upon
their presentment OF bill Of Indictment against the
parties orders for their issued by Judge
BlatchfOrd. Two Of the prisoners found at their
residences on wednesday evening and were taken to
| Ludlow street jail, where they paid the Official
I in charge twenty dollars each for the use of bed
for the night. The Minister Senior Lemus was found
at his residence in Brooklyn at late hour but he
declined to recognize the character Of the officers
who presented the order and refused to permit him
self to be arrested He gave his parole to appear in
the morning at the court and answer. The officers
acknowledged that they had been well paid to make
the arrest at that late hour, the presumption being
that it intended to subject him to the personal
indignty OF imprisonment at an hour when court
was In session to take cOgnlzance Of bail.
The prominent persons in the movement OF Cuban
independence were already known to the Marshal
but it was thought advisable to make such sudden
seizure as would subvert all plans that might be
made providing against capture. The following will
illustrate the character of the proceedlng:-
The United States Us. Jose Morales LenluS, Jose
Nora. colonel Wiutam O'C Ryan, Francisco FesSer,
Jose NJ. Bds0ra and Others.-The Grand Jury OF the
United States Circuit Court for the Southern District
Of New York, during its recent deliberations, found
true bulls of indictment against the above named
parties and some others not yet arrested and
whose names are in consequence withheld The in
dictmeat contains ten counts, the first and second
embodylng the gravamen Of the offences charged.
the remaining counts being but legal verblage re-
captivating technically and with but very little
alteration the principal charges, that Of having on
the lst of May, 1859, begun a certain military expe-
dltion against Cuba, portion OF the dominion of
Spain, with which Power the United States are at
peace, in violation OF the neutrality laws OF the
United States.
THE INDICTMENT.
The indictment, stripped OF legal raiocinaton, re-
cites the charges against tine accused substantially
as follows:-
FOR THE SOUTHERN DISTRICT OF NEW YORK,
Of the Circuit oour. Of the United
as s the
G Ap 10 @ ia
year Q Lord 1869
Of i ' and for Of an the Sna
a
lae Of the city and county OF New York in the district
the LIST day of May in G.t. the year Of our our Lori
the jurisdiction the with force and did
and wRSy then ssrs and srs Ss begin @
against The and aSn,iaons 9i certain foreign
now ana were hsG At Ss the ace Of & the said
statute in such case made and provided.
n sa the Pa % 0 MS
and others are indicted with havn on the LIST day OF May
and there to carried on from against the .errory
Of cuSs With which said foreign State Of spsa the United
States are and were then against the of
THE ARRESTS MADE.
On Wednesday, upon THIS Indictment Judge
Blatchord issued bench warrants for the arrest OF
the parties named therein, and on the even
ing Colonel William orc. Ryan and Jose Mora were
arrested by United states deputy marshals and
lodged in Ludlow street jail Three other of the
paroles learning early yesterday morning Of the ar
rests already made, aud that they themselves were
under the ban OF the law proceeded at once place
themselves IN the hands of capable counsel. that
they might be advised what action they should take
under the circumstances. Other counsel had been
applied to ON behalf of Colonel Ryan and Jose Mora,
and the line Of proceedings hereafter detailed was
decided upon III behalf OF all.
At the opening VI the court yesterday it was evi-
dent that the usual dun routine OF business was TO
be set aside, for time at least to make room for
matter OF some special interest, judging from the
unusual number OF Spanish or Cuban-looking per-
who chiefly constituted the audience when the
Judge took his seat on the bench. But before the
opening OF the proceedings the rumor got abroad
thai the gentlemen composing the Cuban Junta IN
this city, and one OF the principal leaders OF the eX
petition which, it Is charged in the Indictment has
been under preparation from the LIST day OF Nay
last. had been arrested ana that son Some preliminary
room was crowded with spectators. The parties
arrested the previous evening were not brought into
court but two OF the accused. for whom the on
were at that moment IN search. came quietly
into court with the counsel and surrendered them
selves up under the warrant These were Jose NO
rales Lemus President OF the Junta; Francisco
Fesser, and subsequently Jose M. Basora.
APPLICATION To FIx BAIL.
Mr.. Samuel sherman, associate counsel for Messrs
Lemus and lesser, addressing the Court said that
he mad an application to inske IN The matter Of the
Cuban gentlemen, charged under indictment with a
breach Of the neutrality laws OF the United States
Ia laan INF
of bail might be fixed which the court would re-
quire each II this was done 1t would do
cluded in the indictment, aud who were not yet
arrested subjected TO The inGgnity OF public arrest
and incarceration. His client, Mr.. Lenus now pre-
sent IN court, anxious to submit himself to the laws
OF the land, and orders OF the court
not only at home. but aoroaa, an enyiabie
reputation a. scholar writer and a jurist
He was also man OF wealth, and had been selected
by the patriot General CespoGes Minister Pleni-
potentlary 10 represent the republic of CUBA at
Washington. All OF these defendants were gentle
men Of nigh Character and unquestioned honor and
there was not the slightest disposition the of
any one OF them TO shrink from or shirk any inyest
cation into their acts or conduct. lie hoped the
Court would now fix the amount Of bail, and that 1t
would not be made excessive
District Attorney Pierrepont said tnat these
proceedings against the defendants had
been instituted at the instance Of the
81 spanish mis- SoeHr 9fpdga , rs Minister
these defendants all that counsel had said OF their
character and honor and standing was true and, for
TO bail. He would therefore, propose to the Court
that they should individually enter into bonds OF
$4,000 to appear t. answer whenever called upon.
Mr. sherman objected 20 bonds In 900 as being |
excessive aud indeed oppressive. The defendants
here were not citizens of the United States they
were foreigners; and it not to be supposed that
they could procure such security in case OF this
KIND as citizens could.
Mr. Perrepont called the attention Of the Court to
an old statute-l5 Sg--bearing upon the point under
discussion, and referred to the case OF the United
states We. General Quitman. OF Mississippi VINO, al
though not indicted by a Grand Jury, was notwith-
standing required to give bonds to keep the peace,
Is well as bonds to answer any Indictment that
might he found against him. lie lMr. Pierreponn
would therefore ask that the Court require, In al:
dton 10 bonds for the appearance OF the accused
when called on for trial, bonds binding item to keep
the peace, and not TO violate the statute referring
to International laws
Mr.. Evarts, counsel for Mr.. Iemus, opposed the
giving of additional bonds in tl9 case The indict-
ment was only an accusation IN support OF which