Evening journal., 1895-09-20
lisa QUESTION OF LAW
The Admission of That Mys-
terious Package discussed.
TRYING TO PLACE IT IN BVIDEEoE

But Counsel for the Cubans Make
Vigorous Opposition-ArKumsnt BY
Counsel on Both Sides In tho Alleged
Violation Of seutraiity Laws-The Case
stnI on.
When the trial Of the alleged Cuban
Insurgents was begun this morning the
court room WIS filed with Interested
spectators. The women who had graced
the trial with their presence during the
previous days were early in their seats,
some Of them wearing the flag Of Cuba
libre on their breasts. Many Of the
Cuban prisoners wore the same flag in
their button holes
The hrst witness was United States
Marshal Lannan. who was recalled by
Mr. Vandegrift Ia answer to ques
tions he said that the frst time
he saw the package tbout which
30 much has been said WAS In the
lap Of Mr. Gaylor, In tho marshal's
enice IL was opened and Gaylor had
| four letters In his lsft hsnd. It WAS
opened whom the marshal nrst saw It.
Had he seen GAylor open 10 he should
have obieotcd. When he did see it he
| took the package from him and gave "
to Clerk Mahahy. Several officers, Dep
uty Hughes and Mr.. vAndsgrift wers
| present.
Inspector Of Vessels William O Fin
letter, Of Philadelphia said that on
August 20, the Holgun aud Buck
Minister and Laurada cleared from the
port Of Philadelphia He searohed the
Laurada. She cleared but didn't get
away until September 3
| Mr.. VandeErift endenvored to get out
Of witness evidence as 90 when the
Larauda would sail. but senator Gray
objected and Judge Waits SUSTAINED
him.
in answer 10 Senator Gray witness
said he was not the custodian OF the
records The HolRuin cleared for
S'Antonie, Jamscla, and the Buck
Minister FOR Havana After clever
questioning witness said vestels did not
always eail on the day they took out
their clearance papers; they generally
sail as soon as the papers are handed
them by the inspector. The only
Exception WAS that Of the Laurads. John
Carr another inspector OF customs,
ltxplalned the custom followed by the
government Ho helped clear the
Laurada on September 3
w. h. Burns, foreign entry and clear.
anoe clerk for twenty five years In the
Philadelphia Office WAS the next Wit
ness, and explained the manner OF clear
ing a vessel
simon w. Nears, OF the Bush line
testified to receiving payment for the
freight on the conaignmenu OF boxes.
Mr.. Vandsgflft offered In evidence the
boxss of arms eto now IN the basement
OF the building. Tho jury wss directed
10 20 TO The bseensnt and visw the
arms. A certified copy OF The prociama
tion Of Prosidont Cleveland was offered
ia evidence which Senator Gray obi soted
TO- he said the court would Uako cog
nlztnce Of 10, but 10 was simply q matter
which even the learned counsel was
bound to observe, and TO draw and
quarter any enemy Of the august King of
Spain. Mr. Vandegrift also oAered
the map Of Cuba, which Senator
Gray at frat objected to. as he thought
the court did not need to be instructed Ia
geography. he then withdrew his OBJ.
ictlon and allo we'd the map to 20 In.
Alvin Kaufman, another Pinkerton
detective Was one OF the men who
watched Colonel Nunez aud the other
man Ia Philadelphia with the package.
His testimony was not materially dih8r-
ant from that Of Mr.. Gaylor. Mr.
Vandegrlft tried 10 bring out evidence TO
connect Colonel Nenez and another iman
who had this package with the alleged
consplrators, lbut Senator Gray blocked
the game and Judge Wales tdecided IN
! favor Of ruling the matter out.
Mr. VAndegrift offered the contents Of
tho mysterious package and every one
straightened up and eagerly waited for
the coming tussle. Mr. Ward fled his
objsction TO the admission OF the
I package, basing II Oh the fourth and
9Th amendments 10 the Constitution of
the United States These constitute the
/ Illegal grounds There was not only
an illegal seizure, bnt 10 WAS an attempt
to make the defendants testify against
themselves In reply TO question by
Judge Wales, as 90 whether the package
I belonged TO the defendants, Mr.. Ward
! | said that he was simply assum-
: ing possession for sake OF argu
! ment. On that basis he found
his argument. He described the opening
OF the package and called attention to the
statement Of Edward 3. daylor that the
}. package was opened by him in the
d presence Of Marshal Lannar, which that
I, officer denies, saying that when he first saw
4 the package It was lying open Oh Gaylor's
q lap aud he had four letters In his hand.
y IF it comes 20 q question between the
h oaths OF these two men, there is no one
o who will not give The credence to the
marshal
It was Just 10 o'clock when ar Ward
- closed his argument and Mr.. Vandegrifl
81 rose Co reply.
9 The jury will be charged immediately y
offor oourf rnnyanaq this affaruOo a.