Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-09-23
The Suspected Filibusters at Will
mington Acquitted.
VERDICT RECEIVED WITH CHEERS
Declared Not to Have Violated
Neutrality Laws.
CHARGE OF THE COURT

WILMINGTON, Del, September g.
Judge Wales, in the United States district
court, this morning charged the jury in the
trial of the twenty-one Cubans charged
with violation of the neutrality laws. He
said. in part:
1.-THE defendants, Blanlieo Pena and the
twenty other persons who are named in
this Indictment, are charged with having
violated section $3.50 ard section $40 of
the Revised Statutes of the United States
THE charges against the defendants are
of a grave and important character, in
volving serious consequences, IL proved,
and directly affect the good faith>of the
government of the United States in pre-
serving inviolate its treaty obligations. and
the laws Of comfy existing between all
civilized countries.
1.-THE first count in tho indictment is a
general one. following the language of the
law. The successive counts specify the
different modes and ways by and In which
the defendants are alleged to have violated
the law, but you will notice that each
count charges either that the defendants
began or set on foot military expedition
or enterprise against the dominion of the
King of Spain, or against the Island of
Cuba, then and there being the territory
Of the King Of SPAIN
1.-THE object of the law Is obviously to pro-
hibit and punish the beginning or setting on
foot or preparing the means for military
expedition or enterprise within the territory
or jurisdiction of the United States and to
be carried on from thence against any for
eign territory or dominion with which the
United States are at peace.
THE proof shows that on the 9th of Au-
gust. in the present year, the defendants had
assembled in Wilmington and, under cover
Of night. went en- board the tugboat Taurus.
lying at Market street wharf and which
some of their number had previously char
tered. On the same night they had shipped
on board the tug twenty-seven boxes of
freight. some Of which had been brought
from Philadelphia by Bush & Sons Company
and the others had been carried from the
store Of Desoto Brothers. in Wilmington, by
the Charles Warner Company
Here the court cited at length the circum-
stances of the detection and arrest of the
alleged flibusters.. "On this proof you have
to say whether the defendants or any one
of them are or is guilty in manner and form
as they or he stands indicted.
THAT Is, did all or any Of them begin or
set on foot within the Jurisdiction of the
United States, or provide or prepare the
prise to be carried on from thence to the
dcm!nions OF the King Of Spain.
THE suspicious movements of the de-
PENDANTS on the night of the 10Th of Au-
gust, the devious and mysterious manner
in which the arms end ammunition were
brought to Wilmington and taken out on
the Taurus, to be transShipped to an un-
known outward-bound steamer from Phila-
deiphia: the omission of the defendants to
mf'-e any explanation of their designs-all
these circumstances may reasonably excite
suspicion of wrongdoing. The appearance
of the defendants. their nationality. their
silence under arrest. the fact of an existing
insurrection in Cuba, and the probability
that they are in sympathy with the insur-
rect!onary party unsupported by other
evidence, would not be sufficient to war
rant verdict of guilty"
1t was noon when the charge was con-
cluded. and Immediately thereafter the jury
retired.
After being out fifty minutes the jury re-
turned verdict of mot guilty.
The verdict was received with round of
tumultuous applause.