Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-09-05

is reasonable belief that il Ia an in
tended expedition to Cuba against the
government Of Spain. friendly power.
We have put in evidence proclamations
and papers to show that this govern
ment is at peace with Spain. am
convinced from the circumstances
that these men intended TO go TO Cuba.
But the government has not stopped
there. We have laid before you letters
directed to the general in charge Of tho
revolutionary forces in Cuba, which
we're ON these people and evidently were
to be carried to their destination by
them. Suppose you had thought IL
right to open these letters, as the gov
eminent will do, you would probably
have additional evidence, but this is
not necessary in view OF the circum-
stances surrounding the case. There
is not man who has heard the testi-
mony who does not believe that the des-
tination of these men was the island Of
Cuba. IL you believe that they must
necessarily be held TO await trial before
a tribunal that has the proper authority
to pass on such cases I; IA tribunal where
in the course of procedure all will be
| given the same right, where the evil
dence not brought out here will come
hup. What we desire to show is that
we have made out prima facie case.
Mr.. Vandegrift cited several cases OF
a similar nature.
ARGUMENT by MIR. WARD.
Mr.. Ward said My learned friend and
cannot differ as to the construction
of the law. We also agree that they
must present a prima facie case, but
they have not done that. A prima facie
case is one in which proof of all the
essential evidence of the crime is sub
mitted. There is not particle of evil
dence that military expedition against
Spain started from here and was in
tercepted in New Jersey. There is not
a word in Marshal Lannan's testimony
to connect these men with an expedi-
tion against Spain. They did not say
anything of the kind to him, and he
has no such knowledge. Thomas III.
Nicholson, the governments witness,
proves nothing. The testimony is that
party Of men loaded boxes on the
: Taurus and steamed up and down the
river. The captain of the tug only
} knows that he was to run alongside a
} boat that was Ia signal to him. He
J does not know that the men were
going to board her. We do know that
Nicholson did not meet any boat and
going to Philadelphia, which expression
they followed up by landing at Penn 8
Grove and going to the railroad sta
, ton. There is nothing criminal in
people moving arms from Wilmington
to Philadelphia, which is not in the di-
rection of Cuba or any other country,
except Canada. Mr.. Ward consumed
considerable time commenting on De-
/ tectiye Gaylor's testimony and asserted
that Gen. Gomez has been dead for
J two months.
THE FIL1BUsTERS HELD.
Commissioner Macallister said !
must take judicial knowledge of the
fact that this country is at peace with
all other nations: that the honor of the
government lies in the enforcement of
the laws bearing on the relations with
foreign lands also that war or revo-
luton against the constituted authori-
ties is going on in Cuba. / cannot
take notice, judicially, of the exist
ence or non-eXistence of Gomez or any
other particular person. | must take
notice of the proclamation of the Presi-
dent enioining all to observe the neu-
trality laws, also of the instructions to
the marshal toprevent any expeditions
against the kingdom of Spain and of
the warning of such an attempted enter
prise. Ii cannot be decided by my
sympathy or the sympathy of any one
but by the circumstances and surround
ings of the affair as submitted in evil
dence. 1t is important that the govern
ment of this country should show good
faith as regards the friendly relations
. with other countries, and l must dis
charge my duty. | need not say that
} / regret tho occasion for revolution in
/ Cuba. Returning TO the original sub
lect, this gentleman, in copmany with
} Others, evidently acting in concert,
! was engaged in some enterprise or pur-
pose as shown by the evidence. They
met in this city, went aboard the tug
, boat Taurus, taking with them their
: personal baggage, and loaded aboard
/ the boat large number of cases, 26 in
/ all, containing military accoutrements,
cartridges, belts, firing caps, carbines
3 and rifles. Their object or purpose,
in whatever direction they intended to
0 go, was Of military character; the on
/ terprise was Of military nature: there
4 is no occasion for violence existing in
Q this part Of the country, no occasion
for persons going on II boat in the mid
Q die of the night unless there is some
intention in view. True, there is no
+ direct testiomny as TO what their inten-
e tion WAS but the circumstances sur
2 rounding the case point undisputably
b to their purpose Of in some manner
reaching Spanish territory for trade OF
n violence, the former being improbable
and the latter most probable. / would
+ like to discharge the prisoner, but il
n is my duty to hold him for the next
n term OF the court OF this district.
i Aftcr a consultation between the
commissioner, the prisoners counsel
Il and the district attorney Pena was
G held in $500 bail This sum was moi
satisfactory 10 Mr.. Ward and it was re.
! duced to $500. Mr.. Ward announced
!, that he would waive hearing in the
g case of the other fllibusters and they
@ were each held in 500 bail. Ralph
e De Soto became surety for 10, Dir.
James A.. Draper for four and Gen. ].
d ParkePostles for six. The men remained
n in tho city. They are stopping al
= the Delaware House and will prohabl,
IS remain until the hearing, September
10th.
y THE CAPTURED cUBANs
II The Philadelphia press, - yestcrda,
said: Tho expedition which was hello
T. up in Penn's Grove was planned ir
% this city, and is the fifth that has
IS left here since the revolution in Cubt
s. started, the other four getting ava,
ID without even arousing suspicion.
10 What makes the capture of the Cubar
1t patriots Of more than usual import
If ance is tho prominence of those who
&c have been captured While the prison
es ers number but 20 it is known tha