Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-09-19
'CUBANS BEFORE THE JURY
Trial Of the Alleged PlllbusterS In the
United States District Court.
MOTION FORpOSTPONEMENTL LOST
Government Claimed to Lack
lmport9 mt Evidence.
DEFENCE ASKED FOR A PROMPT TRIAL


Judge Wales Could See no Gnod Reason
for Granting Postponemsnt--P reIimi-
nary spnrring between the Lawyers
Senator Gray Engaged in the Defence
The Jury Drawn.
Nearly every seat in the United
States court room was occupied on
Tuesday when Judge Wales took his
seat, few minutes past 10 O'Clock.
The crowd was attracted to the dingy
room to hear the trial of the 20 Cubans,
charged with organizing filibuster-
ing expedition. All Of the accused
were present and in seats neai them
were several women.
District Attorney Vandegrift asked
the Court to postpone the cases for
one week, on the ground that there
was important evidence for the govern
ment which could not get here until
next Wednesday.
Horatio S. Rubens, attorney for the
Cubans, said: I'VE are ready to 90 on
with the case Our clients are suffer
ing We have been placed here under
the charge of a crime and should have
a speedy trial. Necessary delay means
suffering Last week we agreed to
have trial to-day. Something has
now occurred. We do not know what
this is. but we should know. -
II. III. Ward urged that both the
Court and the attorneys for the pris-
oners should know tho reason for. the
governments request.
District Attorney VANDERBILT said
that the learned counsel for the defence
was not wrong in saying that the dis
trict attorney would not treat this as a
slight charge. 1t is an important case
and involves the friendly relations be-
tween the United States and the
Spanish government. The reason for
the request for postponement, he said,
was that important evidence was lack
ing. The evidence was expected yes
terday but has not yet arrived.
Judge Wales said: 1.-THE general rule
in charge of a misdemeanor or felony
is that the defendant is entitled to a
speedy trial. This motion for a post
ponement is based on unsatisfactory
grounds. There has been considerable
time lost. These Cubans are supposed
to be innocent. They are strangers,
! understand, and of course must be
under great expense. do not think
the circumstances in the case will war
rant a postponement. II such evidence
exists in Cuba we have the command
of the telegraph. 1t is in the hands
of the Spanish government. l do not
feel warranted in granting the motion
of the district attorney 10 continue
this case. - =
When Judge Wales announced his
decision smile of contentment pass
ed over the faces Of the Cubans.
Mr. Ward asked the Court TO excuse
him for few minutes until he could
| go TO his office and get some papers.
Messrs. Ward and, Rubens returned
after IL o'clock and wnFe accompanied
by United States Senator George Gray
who carried two law books and made
his first appearance in the case. He
| joined the lawyers for the defence.
When Judge Wales resumed his
seat Mr.. Rubens filed a demurrer to
several counts in the Indictment, on
| the ground that the true bills did not
state sufficiently against what country
| the alleged expedition was going. Mr..
Rubetis said that the defence would
insist that it must be proven that this
expedition was going against some par
ticular foreign power,
Mr.. Vandegrift agreed with the coun-
sci for the defence in regard to the
fault in section 20 Of the indictment.
He denied the other alleged faults in
the bill and cited authorities to sup
port his contention, that it was not
necessary to place in the indictments
the particular country or power against
which the supposed expedition was
directed.
Senator Gray stated that the govern
ment objected to throwing out nine OF
the counts, although there would still
be 30 left. The indictments say that
these men have committed crime and
they are entitled to know what is that
crime. They are entitled to know what
charge they are to meet.
Judge Wales said these counts may
be eliminated from the indictments,
and there are others. lie thought there
was want of certainty in the indict.
ments. The charge that the prisoner:
set on foot military expedition i:
sufficient to hold them for trial The
other counts are too indefinite and the
demurrer was sustained.
The jury was then called and the fol.
lowing walked into the box: John M.
Downs, Charles H. Maull, Leonard
V. Aspril, Jr., Timothy C. Townsend,
John Satterfeld, Harry W. Frazer,
William II. Jakes, Jospeh M. Cannon,
Francis Petitdemange, William L. Sat
terrified, William II. Weeks and Andrew
Traynor.
Mr.. Ward objected to John M. Downs
and Henry Woodkeeper, Jr., took his
place. The defence objected also t.
Leonard V. Aspirl, Jr. and the name o.
| William G.. Adams was drawn.
= Court adjourned until 3 o'clocl
Wednesday afternoon.