The Penn's Grove record., 1895-09-27
Tie Cuhans Got Freq.

The trial OF me ~ CuDanS, arrested
on Aug. 30th, at Penn's Grove, ended
in the U. S. District Court in Whining.
ton, on Monday with their acquittal,
Senator Gray ably defended them and
had the Court to exclude the letters
which would have connected them with
the fighting patriots at home. When
they were arrested there was a satchel
in the Penn's Grove station, which
some one had with him. The officers
saw it and asked if it belonged to
either of them. Not a word was said,
but the Pinkerton detective hired by
the Spanish government to hound these
men down, seized it and afterwards
opened it without authority and in the
absence of officers. In it were letters
to Gen. Gomez, the head military lead
er of the Cubans, also a revolver and
other small things for personal use.
These letters were excluded as testi-
mony after a patriotic plea of Senator
Gray, who called attention TO the fourth
and fifth amendments to the constitu-
ton which says 1.-THE right Of the peo-
pie to be secure in their persons, houses,
papers and effects, against unreasona-
BILE searches and seizures shall not be
violated. . No person shall
be compelled in any criminal case to be
witness against himself; nor be depriv-
ed of life, liberty or property without
due process of law" AS a consequence
these letters were excluded and there
was no testimony that these men were
bound for Cuba or connected with the
rebelliDg patriots, nothing but suspic-
ion and conjecture.
Judge Wales, in his charge to the
jury said ''This section of the Neutral
ity act does not prohibit the shipping
of arms or ammunition OF Of military
equipments to a foreign country nor
does it even forbid one or more individ-
uals, singiy or in unarmed associations
from leaving the United States for the
purpose of joining in military operations
which are being carried Oh between
other countries, or between different
parties in the same country. In such
cases the shipper and the volunteer
would u the risk, the one of The cap
ture Of his property and the other Of the
capture of his person. But in neither
cas- would there he setting on foot or
providing the means for carrying on a
military expedition from the territory
of the United States within the mean
ing of this section. .
''There is no proof that The boxes [of
rifles and %ammunition we're to be sent
to Cuba or that the defendants intend
ed to take passage on an outward bound
vessel which was destined for the same
place. All depends on conjecture or
suspicion only. In fact, there is some
evidence to negative any such inference.
Their suspicious movements, The de-
viOus and mysterious manner in which
the arms and ammunition we're trans
ferred, the appearance OF the defend
ants, their nationality, their silence un-
der arrest, the fact of an existing insur.
rection in Cuba and the probability that
they are in sympathy with the insur-
r%ectionary party, unsupported by other
evidence would not be sufficient to var
rant a verdict of guilty"
The decision and their acquittal go
to prove the bold stand we took in the
issue of the 9th that their arrest was
infamous and illegal and that they had
done nothing amendable TO the neutral
ity law. While the Cubans have not
been acknowledged as belligerents, eth
er by Spain or this country, yet the rea-
sons for their revolving against the ty-
rannical and benighted rule of Spain
inspires a sympathy in every true
American heart for them to have ar
equal chance TO buy arms and ammuni-
tion in this country, the same as Spain
has, even if this country does not de-
clare, as it should, that Cuba should be
free aud independent.
The citizens of Wilmington gave a
parade and banquet in honor of the ac-
quilted Cubans on Monday night. Five
of the Cubans were planters, A mer.