The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-13
THE RESURRECTION I'M CUBA
The Case of Gensral Thomas Jordan-A Nolle
Prosequi Entered Spanish Detectives
and Their Atfidavits
Remarkable Address of District
Attorney Davis.

IestSIuuy, Ill tlc Uulleu SlaIc5 NlTCult SOuEt, uos
fore Judge Benedict, the case Of General Thomas
JOrdan-wh0 had been indicted for an alleged VIC.
aton or the neutrality law, in reference the re-
bellIon in Cuba-was called up by District Attorney
Davis, who consented that o nOlie proSeQui should
be entered on the two indictments that had been
found against the General. The remarks OF the
District Attorney-which we print below in full
pr escnt but another instance OF how charges are
lrumped up against individuals when our own or
any foreign government resorts to the practice Of
employing would.be detectives to hunt down their
Victims.
REMARKS OF DISTRICT ATTORNEY DAVIS.
District Attorney DAVIS said:-
May IL please The COurt-There are two lndict-
ments pending on thefes OF this Court, one OF
which Is against Thomas jordan, and the other
against Thomas Jordan and Domingo Rucz They
are both framed under the neutrality laws for
breach OF these laws by setting foot III the State
OF New York an expedition against
THE GOVERNMENT OF SPAIN,
foreign State by enlisnng persons to serve as
soldiers In the service Of foreign people, meaning
Of revolt against the King. Or SPAN. These
indictments were found December s, 1870,
Court ana filed on that day On behalf Of the gov gov
ernment at each term Of the Court | have endea
vored TO procure the attendance of the witnesses
upon whose testimony these several indictments
were found A1idavits were presented TO me before
the case was presented TO the Grand Jury, sworn
or purpOrtlng to DO sworn by various parties
which, n true made clear and strong case OF vlO-
latiOn OF the statute under which these Indictments
are framed. The case represented by these atiida-
Wits was such one as could not overlook in the
proper discharge OF my duty or refrain from send
sent 70 the Grand jury and er ad w9ts
understood on behalf Of tie spanish govsrnment-
the Spanish C0nasul--in TINS city. was assured
because required That assurance, that at any time
those witnesses should be required on The trial they
sented to me TO be in the employment Of the Span
ish government
the facts stated in the aifldavits, and which
they proposed 10 prove before the Grand Jury
and on the trial on the Indictment. Although
have on various occasions since the finding OF the
indictments requested counsel TO furnish me
with the witnesses for the trial. and although have
said to counsel tnas the defence was pressing the
case each term 70 trlal, yet no witness has been
present Circuit counsel for the defendant was ready
and urged the trial or the case. have written
notices III the form OF letters directed to the counsel
OF the Spanish Consul, asking them to furnish mo
with the names and residences OF those partes In
order that we might be able to serve process upon
in pursuance OF that request, specifying the resi-.
dences Of the alleged wtnessesoi several witnesses
made TO me, through several States-Connecticut
Maryland, virginia and ILLINOIS, / Immediately
served on these several witnesses. sent the Mar
shall and his deputy to the places OF residence OF
20 81 en-
those States to which have referred except one,
who was said to be In Chicago but whose residence
IS here.
NOT ONE OF THOSE WITNESSES COULD BE FOUND
by the Marshal Not one could De found to have re.
within the knowledge OF divers individuals OF whom
he says he made various Inquiries. became satis-
flea that the witnesses did not reside at those sew.
eral places. have pressed that inquiry, proposing
to pay the expenses or any one who knew those
authorities TO ind them out On two occasions, al.
though the time and place OF meeting the Marshal
had been fixed upon, the party VINO was designated
N n2nn mn a a IN N
make his appearance. Since then have made dIlgent
Independent efforts to find those witnesses. One OF
He came to my office and Informed me-and his
Information seems to be OF such o character that
who were before the Grand Jury, and most relied on
to ind those indictments. came here
UNDER PEIGNED NAMES,
and for that reason have been unable TO find them
any wnere, because the names given me are not The
names under which they pass in the com
munity where they live, and their residences
are incorrectly given. BY stratagem solely nave
succeeded In procuring service on three witnesses
who were before the Grand Jury. Since that SER
vice they have failed to appear In answer 70 three
several attachments issued by Your Honor against
them for contempt and Selleye that, IN contempt
jurisdiction More than that, the one witness am
enabled to bring here declares In the most solemn
form, that the instrument purpOrtlng to have Deen
issued ~ Thomas Jordan
WAS FORGERY.
That the testimony, instead OF being true, was the
result OF concerted conspiracy between those W.T.
nesses, by means or which afraud was practised on
me and
PERJURY COMMITTED BEFORE THE GRAND JURY.
now leel II my duty, under all these circumstances
to ask thar m S,!, YroseqM he entered on the
falsehood and are Tie result OF
GROSS CON PIRACY;
and although the deendant has heretofore, to some
extent, been connected with the insurrectlOn in
Cuba, nevertheless, In these particular instances
he has been made the victim. I Judge rom the
facts before me that this Is q conspiracy OF VII.
famous set or persons, whose object doubtless, was
to obtain large sum Of money out OF the spanish
valuable information to prevent the instruction In
Cuba. Under these circumstances, feel IL my duty
TO enter oe pSse4% on eota or enera
Jordan, SAID that trial OF the defendant would go
absolutely TO show MS innocence, while he adj
mtted that this gentleman had been engaged In
the service Of the rebellion IN CUBA, he had not at
any time within the jurisdiction or the United
States committed any act to bring him under the
punishment of The law. This was but another in
stance OF the misrepresentation by which the rep.
resentatve OF foreign government endeayored to
interfere with the expression oil sympathy for
PEOPLE STRUGGLING FOR THEIR INDEPENDENCE,
q sentiment that was native TO the American neart
General Jordan had been put TO great expense and
subjected TO outrage by being brought here day
after day to answer those charges, based as they
charges bore the light OF day. He MR. Phelps) did
not mean to cast any reflection the District At
,he deception and the fraud, would, lie hoped, do
Ill In his power TO find out the authors OF II.
Sraee bEN s order WIZ DC entered, OF
suggest to the District Attorney the propriety or
having
INDICTMENTS FOUND
gainst those Witnesses for perjury. and communl-
atng TO the state Department those facts, so that
he connection, If any OF the Spanish Consul with
he matter may be kn0wu
District Attorney DAvIS-I have communicated
With the state Department on this subject, ana Will
TO 1t the result ut which l nave
rrlYed
The matter then dropped, General Jordan and the
tnei defendant being merely obliged TO give their
ersonal recosnl1ance before the Grand Jury next
week.
mus ended the long and basely supported charge
4 violation OF our neutrality laws, under which
'eneral Jordan has suffered for over a year.
THE END OF A NIGHTS SPREE.
About iour O'Clock yesterday morning James Fer.
,uson OF SOP West Sixteenth street. aud Henry
irkie, residing on the corner OF Fourteenth street