The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-06-19
WASHING TON.
Jules Ferry to be French Min
lister at Washington.
THE CUBAN CLAIMS COMMISSION.
Is Drunkenness an Excuse for Crime p.
An Interesting Judicial Decision.
WASHINGTON, June IS, 1871.

WASHINGTON, June Is, 1871.
The Cuban Claims Commission
has printed q memorandum OF arb tration for
the settlement OF the claims or citizens OF the
United States or OF their heirs, against the govern
ment OF Spain, for wrongs and injuries committed
against their persons and property, or against the
persons and property OF whom the heirs the
legal representatives by the authorities OF Spain IN
the island OF Cuba, or within the jurisdiction
thereof, since the commencement OF the present in
surrecton. II is understood that reasonable period
| shall be allowed for the presentation Of the proofs;
that all claims and the testimony in favor OF them,
shall be presented only through the government OF
the United STATES; that the award made in each
case shall be IN writing and II indemnity be given
the sum to be paid shall be expressed in gold coin
OF the United states The arbitraors shall have urls
diction OF all claims presented to them by the United
States for Injuries done to citizens or the United
States by the authorities or Spain In Cuba since the
LIST day or October 1868. Adjudcatlons OF the rlbu
nails in Cuba concerning citizens OF the United
States made In the absence OF the parties interested
or In violation OF international law OF the guar
antees and forms provided for In the treaty OF Oc
tober q, 1897, between the United States and
Spain, may be reviewed by the arbitrators
who shall make such awards in any such
case as they shall deem just. No judg
ment or a Spanish tribunal disallowng the
affirmation OF party that he Is citizen OF the
United States shall prevent the arbitrators from
nearing reclamation presented In behalf OF said
party by the United States government. Neverthe.
less In any case heard by the arbtrators the Span
ish government may traverse the allegations or
American citizenship, and thereup0n COM
petenr and sufficient proof thereof will
be required. The commission having recognized
| the quality OF American citizens in the claim
ants they Will acquire the rights accorded
to them by the present spulations as such citizens.
And IL is further agreed that the arbitrators shall
not have jurisdiction OF any reclamation made In
behalf OF native born Spanish subject naturazed
in the United States If IL shall appear that the
subject matter, having been adjudicated by a COM
petent tribunal in Cuba, and the claimant having
! appeared therein either IN person or by his duly
appointed attorney, and being required by the lew
/ OF Spain to make declaration OF his nationality
failed 70 declare that lie was citizen OF the United
States, In such and for the purposes OF this
arbitration, IL snail be deemed and taken that the
claimant by his default had renounced his ALE
glance to tn, United States And 1t Is further
agreed that the arbitrators shall not have jursdlc
ton OF any demands growing out Of contracts.
The regulations provide among other things, that in
addition TO representation OF his claim
and the exhibits or proofs in support
thereof which may have been or shall be
presented to or filed In the Department Of State OF
the United States, every claimant Ghall file in the
Office OF the Commission statement OF his claim in
the form Of memorial Each memorial shall state
the particulars OF the claim, the general ground
on which 1t is founded under the public tnterna-
tional law, and the amount claimed. II shall be
verified by the oath or the claimant; or, II tie
| claim be by q firm association OF
people, by the oath OF OF them or IN the case OF
| corporation, by the oath OF the president secre-
tary or other officer thereof such oath TO be taken,
II In the United States before any officer having
power to administer judicial oaths according 10 the
laws OF the place where administered and the Official
character of such officer shall be duly authenticated
according to the laws OF said place. II such oath be
taken without the territory Of the United States may
be administered by the legation or nearest con-
sui OF the United States. The arbitra.ors may,
in their discretion order any claimant to answer
on oath such iDteTrOgatorles may be submitted
to the commission for the purpose, by or on behalf
| OF either government. Every claimant shall be
| allowed two months time next following the fling
OF his memorial IN which to take and file his proofs,
and three months next following the same shall be
allowed for the taking and fling OF proofs Oh The
| part oil Spain, which respective periods may be
prolonged by special order on cause shown. Every
deposition taken, either IN the United States or in
| Spain or her possessions, shall be taken before
some officer competent to administer judicial oaths
under the laws of the place. whose onlcial charac
| ter shall be duly authenticated according to said
laws and such witness shall state whether he Is In
/ terested directly indirectly and how. the mat
ter of the claim, and whether he is agent atlor-
ney for any party Interested directly or indirectly
have been closed ana fled the Commission shall in
| every case. when the claimant shall desire
| to take rebuttng proof, accord reasonable
| time In Its discretion for the taking OF such
! rebuttng proof Each memorial and all exhibits
and proofs shall be Tiled in original manuscript and
the same and all matter including briefs and urgu-
mens, shall be printed at the expense oil the party
adduclng or propoundlng the same, at least thirty
i NJ annh IN lnd
| oral explanations VIII be received at all times
| from the advocate OF either government. Argu-
ments OF special counsel VIII be received In print
| when submitted by the advocate OF either govern
December next the arbrators Will proceed to call
and hear any case or cases which may be ready for
hearing in conformity with these regulations.
jules Ferry as Minister at Washington.
Reliable information has reached here that the
French government has appointed jules Ferry as
Minister to washington in place OF NJ. Treilhard,
who will return to France.
The Boswell Trial In enncss
ms Excuse for Crime.
The case OF the Commonwealth Of Virginia VS..
James Boswell, indicted for the hdrder OF colored
GIRL aged about six years. named Martha French,
the Fourth OF July last, was concluded in Alexan
dra yesterday, and the jury returned verdict OF
murder In the second degree, ana affixed the prison.
er's confinement IN the Penitenuary at five years,
the lowest period allowed by law to
that degree OF crime. This case has attracted
considerable attention here and elsewhere, as
involving some new and interesting questions OF
criminal law. The effect OF drunkenness a. affect
ing responsibility for crime having been raised In
the case, has for the first time been decided in vir
ginia When the case was first tried last December
Boswels counsel contended that ne was not guilty
OF murder In the first degree, as was then claimed
by the Commonwealth, because at the time he COM
mitted the crime with which he was charged he
was under the influence OF intoxicating liquors
as to be incapable OF forming wiiul, deliberate