The Wilmington daily Republican., 1895-09-11
THE CuBANS' TRIAL.
Interesting Argument by Law.
yer Rubens oil New York.
7Eg LETTERS 9sFuaE lgE JURY
Awarrnnt Issued Foe tho Captain OF the
steamer Alleged 60 he the One Tnat
Was TO BIow the Whistles.

Yesterday afternoon when the United
States District Court convened, Mr.. II. H
Ward moved for the admission to prAc-
tice OF the court OF Horatlo Ruben and A.
Benoit OF New York.
The court room was well filled with
spectators. including several of the leads
Ing citizens Of the State. Leading Cubans
from New York and Philadelphia were
present. as we'll OF sever0l ladies', wives
. OF eome OF the prisoners.
MIR. Ruben replied to the District Attor-
ney as follows:
The District Attorney has said that
this is an unusual motion, your honor
hae said II 10 an unusual case. and / say
IL 10 an unusual arrest The attorney
wants tho grand jury to take the respon.
sbility which he would not assu me him.
self. Because he has received instructions
from the heads OF departments need he
try to convict these men by any meansf
This is not u persecution but q proseou.
tlon. Whether the man was United
States marshal or not he would make an
affidavit for reputable member Of the
bar. 1t was an unus sual arrost, an un war;
ranted arrest.
What right had the marshal tv make
that arrest and solzurep These mon were
forcibly arrested and taken within the
Jurisdiction OF. this court The case OF
Boyd against the Ulited Statee covers the
present motion. A curious point In our
argument is that In 1891 1t was decided
that q chip could be loaded and arms ship.
ped to rebels. Is there any authority to
allow man to seize papers2 Read tho
neutrality laws. and whore does the United
btates get the right to seize what are not
the Instrumental Have You the Right to
make theae men 30 before the grand jury
and testify to the facts2
Al to the point. whose papers are these.
the evidence is before you that they were
seized and 1t 10 not known who they are
owned by. He took 1t as q principal as In
the spie case that it was too we'll settled
to take up the time OF the court In furth.
or arEument II the evidences could not
be produced before jury then neither
can II be produced before the grand Jury.
MIR. Wardlmaintalned that as tho papers
wers seized on New Jersey soil II was an
Illegal seizure.
The court stated that II could not recall
a preeedent Tor tho purpose OF preventing
the Attorney General from presenting 10
tbs grand Jury what evidence he deemed
necessary. Should the Attorney mako
mistake and present iuad missable evil
dehoe before the grand jury then II 1t Ia
Improper the court will rule 1t out. There
Is no issue before the court. Mr.. Ward
considered that there should be some ar
gument as to the rights Of the grand jury
to open tho lstters, The court ruled that
their interests would be safe.
When court convened this m morning the
grand jury retired TO their chamusr.
Twenty five petit jurlors ana wered To their
names. Judge Wales intimat that the
court would like to know what Mr.. Ward.
the attorney for the Cnbans, Intended
doing in The case Mr.. Ward arrived at
1880 o'clock accompanied by Attorneys
hunen anu Benoit. ests
and trials is that warrant has been is Ii.
ed tor tile arrest OF Captain Thomas
Hughes OF the steamship Lourada, of the
Hart Line II 10 alleged that the steamer
that the tug Taurus was to have met on
the Delawero river and which was to have
given three whistles. was the Lonrada.
The Louraja waa to havo called on the
night in question for Port Moran. Jamai-
Ca Then Just before she did sail on Au-
gust 30. Ishe was searched again. Deputy
Collector Crilly said yesterday that most
thorough search was made by tho Govern-
ment officers. aud not tho slightest thing
was found OF a contraband nature
All sorts of ru M or5 are ailoat concern.
ing the steamship and some OF them 20
90 far as to say that the LouraLa will DO
seized as soon as she comes within the ju.
risdlctlon.
The Lourada arrived at Port Moran on
Friday last ami after she loads with fruit
she will return to Philadelphia.
II ID alsu claimed by the parties who
swore out the warrant that they oan con.
ncot Captain hughes with former expe.
dition. Had tho Lourada sailed US she in.
tended them tho soiZsd urms ana ammu.
milton together with the men would have
followed the example OF others and all
would have sailed for Cuba
Yesterday In Philadelphia to reporter
a close friend OF Captain Hughes. who 10
thoroughly familiar with tue wols affair,
had thle to say yesterdayi Captain
Hughes has not the slightest fear OF the
outcome. lie is now gathering hs cargo
OF frult, and will arrive In LAls city some.
where between Sept mber lS and 2l Upon
his arrival he wilt submit TO hrrost but
will hayo friends near ut hand who will be
reudy to 20 ON his bond. anu then there
will 5e an opportunity TO test the whole
matter.
The petlt jury this morning was dis.
charged until next Wednesday morning
as District Attorney Yandegrift stated it
would probably take the remainder
of the week to submit the evl.
dence to tha grand jury.
There were several lady friends of tho
Cubans In the court room this morning.