Birmingham state herald., 1895-11-30
CONFLICTING TESTIMONY.
A Fireman of the Horsa Gives Damaging Eyi- Q dence, But All the Other Witnesses
 Are Against Him.


 States Commissioner Bell gave a hearing today to Capt. J. H. s. Wiberg. Chief Mate-Jens P. Peterson and Second Mate H. J. Johansen of the Spanish fruit steamer Horsa, who were arrested yes- terday on a warrant sworn out by Jose Congosto, Spanish consuFin this city, on the charge of carrying Cuban filibus- tering expedition when she left this port on November 9. All the witnesses denied that there were any additions to the crew of twenty-five at any time during the voyage. They also stated no filibus- ters were aboard the steamer and further said that the only persons on board from the time the boat left Philadelphia until her arrival at Port Antonio were the members of the crew.
 Two members of the crew testified that the Horsa was not chased by Spanish gunboat off the coast of Cuba, as was chronicled. This point was brought out by Captain Kerr, counsel for the defend- ants. Captain Kerr then attempted to show that an effort had been made on behalf of the Spanish authorities to bribe one of the witnesses in this case, but the commissioner ruled out this teS- timony on the ground of irrelevancy.
 At the afternoon session of the court Karl Arnston. a fireman on the Horsa, testified that the steamer took two ad- ditional lifeboats aboard when she left Philadelphia on November 9. After leav- ing the Delaware breakwater the steam CT proceeded northward, and at noon on November 10 the anchor was dropped. After lying to for about an hour tug boat came alongside and unloaded number of cases and thirty-eight men on the Horsa. The party remained on the steamer, he said, until Cuba was reached The witness understood that two gener- > als and twentw-one officers were among
 
 gun, which were in the cases, were placed amidships, and once during the voyage the machine gun was fired in order to test it. The tug came alongside off Bar negal, the witness continued, and after the ammunition and the filibusters had been taken aboard the ship the ship started for Port Antonio. The funnel was repainted before the destination was reached When the coast of Cuba was reached on the following Friday life boats were lowered and ammunition was placed in them. A number of the fili- busters then got into the lifeboats and the steamer started to tow the boats to- ward Port Antonio. When an approach ing light was seen, however, the small boats were cut adrift and forty-eight boxes of ammunition which were on the Horsa were thrown overheard. The wit ness stated that John D. Hart was on board the Horsa and that he remained aboard until the ammunition and men boarded the steamer. He boarded the tug boat which had brought the filibus- ,ters to the HOrsa.
 Arnston testified that each member of the Horsa's crew was 10 receive $25 for keeping silent about the expedition. and that he understood from one of the Gu ban tilibusters that John D. Hart. the owner of the vessel, was to get $12. 900 for landing the expedition.
 On cross-examination. the witness A@I 1.~ A1 compensa tion for making these disclos- ures. and that he had no. desire to get the accused into trouble by giving the testimony.
 Arnston repeated his narrative of the landing of the filibusters. there being six boat loads, and admitted that he went ashore at Jamaica without leave and be- came intoxicated. He further admitted that he told Chief Engineer Nelson, after he had been placed in irons for the mis- conduct, that he would cause trouble to the ships officers. -- ....
 Thomas Peter Nelson, tine chief engi- neer. who was the next witness, denied in toto that any filibusters or any ammu- hilton were placed aboard the ship.
 District Attorney Ingham then asked the commissioner to continue the case until the Horsa shall have completed the trip, so as not to inconvenience the own CTS. The district attorney also asked that half a dozen of the witnesses be held in bail for their appearance.
 Attorney Kerr made a lengthy address in which he argued against the contin- uance of the case of the holding of the witness in bail. Captain Kerrs argu- ment was in the nature of an appeal for the commissioner to dismiss the case and for the district attorney to abandon the prosecution, because you know no jury would convict these men,"
 The district attorney pressed for a continuance of the case, however, and stated that he would be able to produce corroborative testimony, some of 1t from New York, as to the filibustering expedi- tion.
 Commissioner Bell refused to place the defendant witness under bail as the dis trict attorney requested, but held Wit ness Arnston under $7o0 bail, and con- tinued the case until Monday, December 16. The defendants were held in $100 bail each. It was agreed that in the event of the Horsa not having returned from Port Antonio by the 18th proximo that the case would be continued day by day until the steamers arrival.