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

to them to go to Philadelphia? Was
il when Harry Graham rushed out to
Gordon Heights? They took the goods
off the boat. Isn't that another one Of
the circumstances which put beyond
unreasonable doubt that the men were
connected with an expeditionY
Senator Gray, who followed Mr..
Nandegrift, began at IL. 10 O'Clock.
He contended that there must be proof
that it was military expedition, that
it had some organization and that the
organization existed in the United
States, and claimed that there was no
proof of military organization. He
consumed considerable time citing
legal authorities and asserted that If
there was proof that the men were on
the way to Cuba with arms and am
munition that proof was insufficient
for conviction. He asked the court to
instruct the jury on ten points.
H. Fl. Wards address to the jury
began at 11.58 O'Clock. He, too, con
tended that there was no evidence Of a
military expedition and declared that
no reference TO the Spanish government
or to Cuba had been made in the testi-
mony. He consumed much time COM
menting on the evidence and concluded
| at II. 35 O'Clock.
Senator Gray, who had delivered only
a part of his address, resumed his re-
marks when MIR. Ward finished. The
Senator said there was no evidence
and in attempting to argue the case he
| felt like man tanning the air. He
spoke of the seriousness of the charge
and stated that he was not present to
| belittle the observance of the law. He
| contended that the men were not bound
to explain their movements and assert
ed that they had right to go to
Penn's Grove and to Gordon Heights,
and to cruise up and down the river,
with OF without arms. He emphasized
the fact that the defendants were ac
cused of beginning a military expedi.
tion against the King of Spain and de.
tlared that that monarch was not men
toned by the witnesses. His address
was heartily applauded.
At Los O'Clock the United States
district attorney began the concluding
address to the jury. He contended that
it was not necessary to prove outward
signs of leadership or signs of being il
squads or companies. He admitted
that Ralph De Soto did not intend tc
accompany the expedition. In the be
! ginning of the expedition Mr.. De Sotc
was as much in il as the others. HI
claimed that it was not necessary tina
the men should have landed on thu
island of Cuba, that it was not neces
sary that they should have left thu
streets of Wilmington.
Mr.. Vandegrift finished at 1.3t
O'Clock, when the jury was discharged
until IL. 10 O'Clock Monday morning.
| Judge Marvel was present during th,
last two hours and half of the ses.
sion.
The United States district court con
vened at ii. 10 O'Clock Monday morning
For more than an hour preceding thu
assembling of the court the court room
was thronged with citizens anxious Il
hear the charge of Judge Wales to tn,
| jury in the case against the alleged
| Cuban filibusters. Judges Cullen ant
Armstrong, the latter of Pennsylvania,
occupied seats on the bench, judge
Wales consumed 10 minutes in deliver
ing the charge. He began minute afte
the opening Of court and said.
The defendants, Branlio Pena anC
the 20 other perf ons who are named il
this Indictment, are charged will
having violated section 52S6 and sec
tion 5440 of the Revised Statutes of tn
United States.
The indictment contains 81 count
which have been framed in sucl
manner as to cover the alternative AM
specific offences described in the law
Several of the counts in the indictmen
as it was originally returned by th
grand Jury were found to be defeetiv
on being demurred TO, but sufficien
remains to put the defendants on trial
The counts for conspiracy have no
been pressed, and. indeed, no separat
or distinct evidence was produced il
support of them.
The charges against the defendants ar
of grave and important character, in
voIvipg serious consequences to them
selves, if proved, and directly affect tn
good faith of the government of tn
United States in preserving inviolat
to its treaty obligations, and the laws c
comfy existing between all civilize
countries.
1t will be your duty, therefore, I
carefully examine and consider the tes
timony which you have heard and t
decide fairly and impartially on th
guilt or innocence of the accused. An
in order to assist you both in the in
vestigation of the facts and in thei
application to the law of the case, tn
court will first direct your attention
the meaning and object of section 52St
which has Just been read. Briefly
this section is portion of what
known as the Neutrality act, whic
was passed by Congress as far back a
April goth, 1918, and was in fact
declaration on the part of our govern
ment that il would, so far as its author
ity extended, prevent any part of il
territory from being used as basis ia
hostile military operations against an
nation or country with which it wa
at peace.
From the date of its passage to tn
present time many occasions hav
arisen calling for the enforcement {
the law, and the government has alway
been vigilant and prompt, as it ha
been in the case now before us, i
! bringing parties accused of yiolatin
any of its provisions to trial. Nc
/ only the judicial branch, but also th
State department of the governmer
] and its diplomatic representatives hay
been frequently engaged in the intel
probation Of this act, so that it's PROV
sions may be said for the most part
/ have received settled construction
, And this remark applies particular
to section 52S6. This section is design
ed to prohibit the beginning or th
setting on foot, or providing or prepal
ing the means for any military exped
tion or enterprise, within the territory {
J the United States, to be carried on frol
thence against the territory or dominic
) of any foreign province or State or {
| any colony or people within whom th
, United States are at peace.
The first count is general one, fo
1 | -: ~. l.,...,,,,,, - thn low III,