The Wilmington daily Republican., 1895-08-31

Mr. Ward objected to the line OF owl.
denoe, as peSotu was not charged with
any oiftnse
Mr. vandeerlit said it was o matter for
the Government 70 consider. Mr. Ward
maintained that thte was not a conepir-
aey. Therefore DeSoto cannot 10 the
principal and another man on board DO
the agent aud tried Tor an pffense.
The Commissioner stated that only eyi.
dence given direct can be used against
the defendant lie testified that they wero
looking for an outward bound ship that
blew three whistles. They failed 10 meet
her.
Mr.. Ward objected to tho question,
what we're you TO do with the men on
ooardY' II the defendant directed his
actions then the question was advisable.
Mr.. Vandegrlft malntained that zach
would be bound by what was done.
Mr. Ward held that the charge wns not
that be with other people did certain
act but that he individually acted.
Captain Nickelson deposed that he did
not know whether the men we're to 70 on
the ship or not. He did Lot know what
the tug or men were to do when the chip
&. came alongside. The met on the wharf
put on The boxes. They were taken of by
the Cubans. II he wss to go alongside OF
wharf with cargo he would ask u he
was to disembnrk. He left all the freight
and the men at Pennsgrove.
Inc Taurus was coming to Wilmington
when the Meteor arrived. There was no
iimit to their time. From midnight until
Heights and the mouth OF the creek. At
Gordon HeiRhte in the afternoon they
took Harry Graham aboard and went to
Pennsgrove.
After that some of the men gave orders
to go to tbs nearest place 10 ship the
freight TO Philadelphia, Graham said 1t
confd be shipped from Chester. but he
said II was as handy at PenDsgrove He
received no orders whatever from Peno.
The tug Taurus was ut Pennsgrove abou
hall an hour when the Meteor arrived.
phia.
Albert Stout, clerk with the Charles
Warner Company, deposed that the tug
was chartered to leave at 6 O'Clock. He
was there at midnight and saw the "a
boxes loaded. He did not know who gave
the orders TO the master OF the tug.
Marshall Lannan wac recalled and
stated he was acting under the instruc-
ttons OF the District Attorney for the
Government and the instructions received
6y him from the Government Tia offered
In evidence the proclamation of the Presi.
dent OF the United States also.
Detective Ed ward 3. Gaylor depos
that In this instance he was q SPECIAL
agent for the Spanish Government. He
deposed that he learned OF the goods
being brou ght here from Phiiadel pbia,
the Revoiu tionary army 10 CUBA.
he saw number OF boxes OF goods
shipped as glass and hard ware to De Soto
Brothers. He had the goods followed.
On Thursday evening he saw the men
under arrest leave the store. He sAw the
men at the wharf and the cases being
placed aboard.
He saw the Taurus leave the wharf. He
next came across tine men and goods at
Pennsgrovo.
Among tie effects OF the tirst men a
package was obtained. After IL got to
the Mnrshaps office he handed 1t to the
| Marshal.
He saw the bundle on Thursday In the
| possession OF a gentleman In tho company
of Colonel Neunez The colonel was
| given IL and from Broad street he took
| the cars.
Three letters were offered In evidence.
Mr.. Ward objected to the letters bein Q
| opened and the commissioner decided
that the letters were private property
and should not te opened
| Detective Gaylor deposed that one OF
the men carried the package In which the
letters we're found. He did not see the
package In Peno's possession.
In cross examination he stated three
OF tho mon had oeen specially looked af-
ter because they were under suspicion
he did not measure any OF the boxes
Through no distinguishing mark he REQ
ognized the boxes.
lie never saw boxes OF that descr; ption
used for shipping hardware. He deDot 1
that he recognized one tox as having
been shipped from Philadelphia.
The men who had tue package were ar
rested in the park ut at Pennsgrove.