Evening journal., 1895-09-21
READY FOR THE CHARGE
The Famous Neutrality Case
Summed Up BY Counsel.
THE JURY WILL WAIT TILL MONDAY
When Judge wales VIII Deliver his
Charge to acknowledgement Addresses
by Senator Gray, Mr.. Ward and Dis
trict Attorney vandegrin.


triot Attorney vandegrln.
The scene In the United States Court
room yesterday when Judge Wales
finally decided not to admit the now
famous package. wss a decidedly inter
esting one. The room WAS crowded
there being number of women present
and the leaning OF the crowd towards
Cuba Llbre was shown clearly by the
difficulty with which hands were kept
from meeting in applause The faces Of
the Cubans were wreathed with slnles at
their victory, while the prosecuting
officer Of the government bit his
moustache In a sort OF vexed way.
The speech Of Senator Gray, which
opened the afternoon session, WAS one Of
the souDdest and most eloquent argu
ments heard in that court for many a
day and was based on the constitutional
amendments which guarantee that no
man shall be compelled to testify against
himself and that his private papers and
personal property shall be sacred. He
scored Detective Gaylor for assuming the
right denied even judges and magistrates
aud forbidden by The Constitution of the
United States
W ucu ud uhu duukh W hltt
rendered bis decision. The hrst few
sentences decided the matter. He said
There are two well defined principles
Of law. Ole is that no man could be com
PEELED TO testify against himself The
other Is that his private effects shall be
sacred against unreasonable seizure or
search
The Judge decided that the package
was the personal property Of oas Of the
defendants and as such was sacred from
search He ruled the contents out as
evidence.
This WAS a blow to United States
Attorney Vsndegrift and for time it
looked as though the case had completely
collapsed. He asked II, In case he should
prove that the package and the prisoners
were connected, he could put the pack ,ge
Ia evidence, but this was denied him.
He then asked for and WAS granted few
minutes to change his course OF prosecu
tloD. and when he again resumed called
DR.. Guiteras, well known Cuban
Philadelphisn. Further than recognizing
General GARLIC he knew nothing and WAS
allowed to step down
Again Mr. VandegIift urged the
admission Of the package and again was
refused and Senator Gray protested
against the request. The government
then rested
After the refusal Of the court to dis
miss the case on the ground OF insufficient
evidence, Captain Hughes OF the Lau-
rada, was called. he explained that his
ship didn't sail on the day she cleared
because she needed repairs he denied
that any body OF men was to DIN him on
his down trip In this he was corrobo
ated by w. H Ker, assistant district
attorney Of Philadelphia. aud owner OF
the Laursda
Two newspaper reporters we're exam
ined aud swOrs that when DstecMv
Gsylor frst opened the package neither
the marshal nor the Unitsd States
attorney were present. This closed the
case for the defendant and the Jury was
discharged until this morning at 10
O'Clock
When the court opened this morning
the room was illed with interested
spectators. The young women vino have
watched the progress OF the trial from its
start were there. and many of them wore
the stars and stripes crossed with the
colors Of Cuba Libre. One Of the Jury
men was a trihs late and it was 10 10
when the case opened
Mr. Vandegrift began at once with his
argument. BE asked that the court
cnarge the jury. first that they
may find some OF the de
PENDANTS guilty and Others not
or under one or more counts aud not
under others. Where the defendants are
entitled to the benefit Of doubt the jury
must not doubt as jurymen when they
believe as msn Second, that the fac
that the marshal transcendsd his au
thority by making the arrest In New
Jersey cannot be taken into consideration
because the trial WAS held under a subse-
quent warrant
That the fact that defendants offered
no explanation as TO why they gathered
here, why they made or started on this
excursion or why they had in their
possession the arms and ammunition,
must be taken into consideration That
II the Jury Is satisfied that defendants
are guilty under any one count
1t Is sufficient for conviction.
That the gathering here OF these
men, the collecting of arms. etc must
be taken rs a violation OF law. That
while the United States affords protection
TO every citizen It also commands otedi
ence to those laws. That ihs acts OF one
OF the defendants must be considered as
binding all.
Mr. Vaudegrift cited a number oi
authorities in support OF his prayer, and
It was 10 40 when no began
his address to the jury. he cited
the sections under which the
charges were made and the charg
itself, that arms ETC., were being ship
ped here. He reviewed the evidence as
deduced from the witnesses which the
government had placed on the stand
The whole affair. he said. vas surrounded
with mystery, which started in Pniladel
phia and accompanied It throughout
Does this look like an honest purpose. OF
an honest dest' uatlon Why did moi
they explain through competent wit
nesses what their object and their deter
minatisn was2 They should have don'
so.
Now take the bill Of lsdlng signed b.
William Sellers. produced Mr. Sellers
and lie said the endorsement was not hi
writing The defense claimed that Their
may be more men of that name. VIII,
did not they produce the right man q
whom the boxes were shipped2 Instes'
of this they merely placed two or thre
witnesses to prove that Mr.. Gaylor wa
mistaken in the exact time when h
| opened that famOus pRckaQe WhR