Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-09-26

shall pursue his enemies in this coun.
try, but great matter whether every
citizen Of the United States shall be
covered with the Constitution. They
may be only adopted cirizens, they
may have seen the light under different
skies and in summer chimes, but it
should be for all alike.
The court, after stating the facts,
said in substance that the package
and contents were inaclmissible on
the ground that their admission
under all the circumstances would
be violation of the fourth and
fifth amendments to the Constitution
Of the United States, which protects
every citizen against an unreasonable
search and seizure of his papers and
forbids his compulsion to testify against
himself in a criminal accusation.
The decision Of the Supreme Court of
the United States in Boyd against the
United States is conclusive of the ques.
tion.
United States District Attorney Van
degrift inquired whether the court
would note an exception.
Judge Wales answered s'Oh, yes,
but don't know what good it will
do. -
After a pause of about 10 minutes
DR.. John Guiteras of Philadelphia was
called to the stand. Bidding Gen.
GARLIC to rise the United States dis
triet attorney asked the witness whether
he knew the generals original nation
ality. The witness replied that he did
not. Next the witness was asked
whether he knew Col. Nunez. Senator
Gray objected on the ground that Col.
Nunez was not a defendant fare you
president of club in Philadelphia
which is in sympathy With Cuba?o
the prosecution asked. Senator Gray
objected. In reply to question asked
by the court the United States district
attorney stated that he wanted to prove
the intention and destination OF the
men. The court told the prosecuting
officer that he could not prompt the
witness to get testimony from him.
On cross examination DIR. Guiteras
said he has resided in Philadelphia
since 1850.
On redirect examination he said he
originally was a Cuban.
The prosecution offered in evidence
a certificate from the State Depart
ment but Withdrew it. Mr.. Vande-
grift asked the court to take until this
morning to consider his legal citations
respecting the admissibility OF the
package. The court declined.
The government rested at 800 O'Clock.
Senator Gray asked for peremptory
instructions TO the jury for discharge
owing to the failure to produce evil
dence to substantiate the several
counts. The court announced, that it
preferred the case to go to the jury.
Samuel Hughes, shipmaster of the
Laurauda, was called by the defence.
He testified that he got clearance
papers August 29th, but the vessel did
not sail until September 3D., She did
not sail August 29th because she was
undergoing repairs. No body of men
was to como on the boat that day or
the next day. If there was he would
have known of it.
Counsel for the defence to the prose-
cution-Take the witness; you sub
prnaed him.
The prosecution-We subpenaed him,
but we do not want him.
William F. Kerr, member of the
Philadelphia bar, assistant district
attorney of the county of Philadelphia
and owner Of the Laurauda, was next
called. ''Was company Of men tt
board the vessel after she left Phila-
delphia?" Senator Gray asked. "Oi
course not" the witness replied.
"Where were the men to board her?''
Mr.. Vandeerift inquired. i don't
know said the witness You woult
not tell if you did lxnow?' mo, un-
less the court compelled me.
Tnbn & IInplilfpo 1nH II thart
Curry testified that the United Statei
marshal and tho United States distric
attorney were not present when Detec
tive Gaylor opened the package.
United States Marshal Lannan wal
recalled for the purpose Of impeachins
Detective Gaylor's testimony respecting
the boat on which the detective cam,
over from Penn's Grove. The mar
shal's testimony relative thereto wal
similar TO the detectives.
The defence rested at 4. 10 clock ant
volunteered to submit the case to tn,
jury without argument. The prosecu
tion announced that it preferred t,
argue the case. Senator Gray wantef
the argument on each side restricted
to an hour and a half. The court sait
counsel could argue until o'clock thi
afternoon and the jury probably woul'
not be charged until Monday. Th
jury was discl arged until Saturda.
morning.
Argument in the case began Saturda,
morning. The United States eour
room was thronged. Among the visi
tors was Judge Cullen, who occupied
scat or the bench. Argument on eacl
| side was restricted to two hours.
T,.s A,s. ~ A -,
| Vandegrift opened for tho prosecution
at 100 O'Clock. He submitted th
following prayers;
| First-Some of the defendants ar
guilty and some are not guilty: som
are guilty of some OF the counts bu
not guilty Of all Of them.
Second-Tho defendants must hav
the benefit of the doubt. The juror
must not doubt as jurors when the
believe as men.
| States marshal transcribed his author
ity by arresting the men outside hi
| jurisdiction cannot be taken into con
sideration. The fact that the me
are before the court is sufficient.
Fourth-Tha fact that the defendant
offered no explanation of their peculia
movements and furnished no proof @
their destination should be considered
Fifth-If the 'ury is satisfied tina
the men are g,i " of any one of th
counts that is sufficient for conviction
Sixth--The assembling of the men
with arms and ammunition, in the dis
trict was Il violation of the law.
After citing his legal authorities MI
Vandegrift devoted considerable tim
to reviewing the evidence. He di
not see how reasonable men could hav
any doubt of the mems purpose. ]
there purpose were peaceful one VIII
! did they not board the Taurus in day
/ irrlaA L 4