Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-09-26

shipped TO an Unknown outward DOuuu
steamer from Philadelphia, the omis-
sion Of the defendants to maze any ex-
PLANTATION OF their designs-all these
circumstances may reasonably excite
suspicion of wrong doing. The appear
ance OF the defendants, their nation
ality, their silence under arrest, the
fact of an existing insurrectiou in
Cuba and the probability that they are
in sympathy with the insurreetionaly
party, unsupported by other evidence,
would not be sufficient TO warrant
verdict of guilty.
You must be satisfied beyond reas-
enable doubt by the proofs in the case:
/. That the defendants, within the
jurisdiction Of the United States, be.
gan or set on foot, or provided the
means for, military expedition or
enterprise.
.. And that such expedition or enter
prise was to be carried on from the
United States against the territory or
dominions of the King of Spain.
A military expedition or enterprise
means military organization of some
kind designated as infantry, cavalry
or artillery, oificered and equipped, or
in readiness to be ofiicered and equipped
for active hostile operations, and the
preparing the means for such an or
ganization would undoubtedly come
within the inhibition of the law; but
this would constitute only one element
or part of the offence charged against
the defendants. To complete the Of
fence it must also be proved that the
means were provided within the United
States and the expedition was to be
carried from thence against the donin-
ions or territory of the King of Spain.
You have heard the evidence and the
Court has now given you such instrue-
tions in reference to the meaning of
the law as will enable you to form
right decision on the facts; and it is
only necessary to add that you must
not allow public sympathy or public
opinion to influence your deliberations.
A people struggling for freedom always
attracts the admiration and awakens
the ardent wishes for their success of
the citizens of this republic, but thus
far in our history it has been the policy
of our government to abstain from ref
dering any active or material assistance
to either party in such contests, and
| the United States are bound by the
most sacred obligations to prevent it's
own citizens or any other persons from
making use of its territory for hostile
operations against any government with
| which we are at peace.
You have already been informed that
| the conspiracy counts have not been
/ pressed by the district attorney, and
you are now further instructed that
unless the defendants shall be found
| guilty on one or more of the other
counts, they cannot on the same evil
I (, tn1s e
| During. the reading of the charge
people smiled when the Judge com
! mented favorable to the accused, but
there were no outbursts of enthusiasm.
> Immediately after Judge Wales had
| concluded the bailiff was sworn and
conducted the jurors to the jury room.
VERDICT OF NOT GUILTY.
The jury returned TO the court room
Clerk Mahaffy asked Gentlemen,
have you agreed upon verdict?'' The
Jurors replied in concert: 1--WE have. ~
'Who shall answer for your" the clerk
inquired. "The foreman, the jurors
replied. Addressing the foreman the
clerk said: "Mr. foreman, y how do
you find the defendants, guilty in
manner and form as they stand indicted
| - q, S"At'J i1ti 4l!' - .
tne foreman instantly lneIe was q
mighty shouI, accompanied py !ne
lasted about a minute.
Z Undressing the Jurors tne clerk salo
dentlemen OF lhe jury alisWer 70 your ~
verdlct as ihe tollrt has 9 rec9ioeu y,
your foreman SAYS INC 9eacii.lAnts fI sil ais
hoo Sui.t4 ~ lii"bii3i "iu i"iin 90 IIS;,
stand lhdlcteo' aha 50 say you arIt mL.
we ao' repliea tne Jurors, L, a.llls L'ls
aeelafatlon was lollo"eo u ano.nes s.
outnurst OF applause, Wllch was q
deatenlhg as tiie pleceulng ohe anu u
Which cnhtinuea i apoee es u'inute ah.' z
balf' me court olleers e9uiu NY
maze themselves lettI'' any hau ~ waNe
tneir ha9as 70 tesgu!e q,lieluue' itll ?ustge
Males askee 1ile o.illcu otates alstlict
attorney whetLlet u, tnefs wsie afiy 9tisl IT,
charges AGAINST tne aeienSahts anu ns
replled IN tne heSatlSe' Whereulon tney
were ulschafSea' Altsr tne ~ ueitnuelll " ,
had shakeh hahes Win tnelr coenhel
thf spectators, among W1ol WI We're nlaay
women; pressee lorWafu III anu Sonsra'us =
lated the cnhahs' Inc tohaeflng os
congratulations consumed quarter OF
an hour ana AT ihe conclusion oI thls
interesting scene me courT room was
vacated a muitisuoe Io!lpweo lne
men ~ .ue post4;ilee 49, ~ III, III, -,
which the Cubans proceeded to their
| hotel the Delaware House, whittier