Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-09-12
TIE CUBAN CASE.


Contention Over tbs Possession of the
Letters Found in the Possession of tho
Men.
The case Of the Cubans, who are
charged with violation Of the neutrality
laws OF the country, occupied the at
tention Of tho United States court,
which convened on Tuesday at the
Federal building. Eighteen grand
Jurors responded when their names
were called. Horatio S. Reubens and
e. Il. Benoit, New York lawyers, were
assisting Attorney Ward in the interest
Of the defence. District Attorney Van
degrift conducted the prosecution.
Judge Wales read the statutes bear
ing on the subject and charged the
jury as TO the duty they had to per-
form. Attorney Ward made a motion
that the four letters which were alleged
to have been taken from the men be
returned to the counsel for the defence,
he claiming that II would be against
all human right to do otherwise. He
cited authorities to sustain the claim,
among which was the Debs case, where
the United States district attorney had
| ordered the return to Debs OF certain
private papers which had been taken
away from him. District Attorney
! VANDERBILT argued in favor Of allowing
the letters to SO before the grand jury
as evidence.
At about II. 30 o'clock the grand jury
was dismissed until 8 o'clock.
SIMILAR CASE.
A case similar 10 the present one is
| that Of Etienne Guinet and John Bap-
tiste LaMaitre charged with INSIDE
meanor in fitting out and arming Les
Jumeaux in the port of Philadelphia
to be employed in the service Of France
against Great Britain, in 1874, when
America was at peace with both coun-
| tries. It was shown that LeMaitre
and seven other Frenchmen owned the
boat She was provided with port
holes, and was lying alongside wharf
In Philadelphia to which arms had
I been hauled. The master warden dis
covered what was going on and stopped
| it, After that a small boat brought
the crew and stuff down to Reedy
Island Guinet was arrested and on
him was found an account between
LeMaitre and himself relative to sup
plying arms and ammunition and also
letter from Mendinhal & Co., of this
city about some heavy shot. The case
came up in the PENNSYLVANIA court at
the April term, 1875, Judges Paterson
and Peters sitting, and the accused were
adjudged guilty.
After District Attorney Vandegrift
had concluded his argument in the
United States court Tuesday after
noon Judge Wales decided that Attor-
ney Wards motion to have the letters
alleged to have been found among the
effects of the Cubans returned to them
was not in order, and they will remain
in the possession of the government
until the case assumes standing in the
court.
| The grand jury filed into the court
room at 3. So O'Clock and made the re-
port that they had found true bill
against John Smith, charging him with
selling liquor without license. The
jury was Immediately dismissed and
court adjourned until 10 O'Clock We'd
nesday morning
United States court convened at lC
o'clock yesterday morning, Judge Wales
on the bench. Twenty-Five petit jurors
responded when their names were
called. The attorneys were also on
hand.
District Attorney Vandegrift said
that as the evidence to be presented tc
the grand jury in the matter Of the
alleged Cuban filibusters might con
sumo weeks time, he would make a
motion that the petit jurors be dis
charged, and they were accordingly
dismissed from further attendance until
next Wednesday.
The grand jury retired to the Jury
room, and Mr.. Vandegrift furnished
them with the evidence in his posses.
sion.
The Philadelphia "Prees" stated
Wednesday that at the instance Of
the Spanish representatives in Phila.
delphia warrant has been issued fol
the arrest of Capt. Thomas Hughes,
commanding the steamer Lourada Of
the Hart steamship line. The Phila
delphia paper further stated that the
action grew out Of the alleged filibus
tering expedition that was held up al
PENIS Grove.
| Marshal Lannan informed reporter
of 1.-THE Gazette" that there is abso4
lutely NO truth in the story. He saws
no such action has been taken here
and there is none contemplated, SO fai
as he. knows.
Detective Gaylord, who is acting as
an agent of the Spanish government,
was also seen by the reporter. He, too,
says there is no truth in it. He sayt
that the boat sailed from Philadelphia
last Friday and he presumes Capt.
Hughes is aboard of her. He does moi
know the destination Of the Lourada.
Deputy United States Commissioner
Mahaffy also said there was nothing
in it. There appears to be no founda
tion here for the story.
John Smith, against whom the grand
jury Tuesday found true bill ant
indicted him for selling liquor without
license. pleaded guilty, through hi
counsel, Walter H. Hayes, at thil
mornings session. He was fined S1t
and compelled to pay the costs and thu
| cnapial tav