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

prise within the terrltofy or jurisdiction
of the United States and to be carried
on from thence against any foreign
territory or dominion with which the
United States are at peace.
This section Of the Neutrality act
does not prohibit the shipping Of arms
or ammunition or of military equip
ments to foreign country, nor does it
even forbid one or more individuals,
singly or in unarmed associations from
leaving the United States for the pur
pose of joining in military operations
which are being carried on between
other countries, or between different
parties in the same country.
In such cases the shipper and the
volunteer would run the risk, the one
of the capture of his property and the
other of the capture of his person. But
insneither case would there be the set.
ting on foot or providing the means for
carrying on military expedition from
the territory of the United States
within the meaning of this section.
With this instruction as to the
design and scope Of the law, your in
quiry will now be directed to the evil
dence which has been produced to
establish the guilt of the defendants.
In the first place, you will take
notice Of the proclamation of the Presi-
dent Of the United States, dated the
18th OF June, 1895, which recites the
existence in the island of Cuba of
"serious civil disturbances accom-
panied by armed resistance to the
authority Of the established govern
ment of Spain, power with which
the United States are and desire to re-
main on terms of peace and amity"
| The proclamation also recites the sub
stance Of section 52s6 which prohibits
the citizens of the United States as
well as ali others within and subject to
their jurisdiction from taking part in
such disturbances adversely TO such
established government, y
"by setting on foot or providing or pre-
| pairing the means for military enter
prises to be carried on from the United
States against such government. +" The
proclamation concludes by warning all
such citizens and persons to abstain
form every violation of the law referred
to and enioins upon all officers of the
United States charged with the execu-
tion of the law the utmost diligence in
preventing violations thereof and in
bringing to trial and punishment any
| Offenders against the same.
And here, gentlemen, it is proper to
observe that, whatever may be the i'm
mediate outcome Of the present trial,
the prosecuting officer has done no
more than his duty in preferring these
charges and in bringing the defendants
before jury to ascertain their guilt
or innocence Not TO have done SO
would, perhaps, have amounted to
official delinquency, for there were
prima facie, at least, strong grounds
for believing that the defendants had
subjected themselves to the penalties
of the law. 1t is now for you to decide
whether they have Or not.
The proofSshows that on the 29th oil
/ August, in the present year, the de-
PENDANTS had assembled in Wilmington.
and under cover of night went on
board the tugboat Taurus, lying at
Market street wharf in the Christiana,
and which some one of their number
had previously chartered. On the same
night they had shipped on board the
tug twenty-seven boxes of freight,
some Of which had been brought from
Philadelphia by Bush g. Sons Co. and
the Others had been carried from the
store of De Soto Brothers in Whining
The captain of the tug was ordered
by Ralph De Soto, one Of the defend.
ants, to go out into the Delaware river
and to steam up and down the rivel
between the mouth of the Christiana
and Gordon Heights, until he should
hear the signal OF three whistles from
steamship outward bound when he
was TO at once run tho tug alongside
and tranship the boxes. The tug went
back and forth on the river until long
after daylight on the morning of the
30th of August, without hearing any
signal from the expected steamship
and until the agent of the owners o.
the Taurus came on board at Gordtr
Heights and fearing that he had dont
wrong in hiring the tug to the defend
ants, directed them TO give ii up Al
the request Of the defendants, they
with the boxes of freight and witt
their personal effects were landed al
Penn's Grove, in New Jersey. Herr
the boxes were left on the pier TO be
forwarded to the address of De Sott
Brothers, Philadelphia, while the de
PENDANTS we're waiting for passage tc
the same place, either by boat or rail
road. The tug Taurus had just left thf
pier when the tug Meteor appeared
having on board the United States
marshal for the Delaware district anC
strong force Of deputies. The mar
shal ordered the Taurus to turn back
The boxes were seized and placed OF
the Taurus and brought to Whining
ton The defendants were arrested by
the marshal without any warrant. but
they made no resistance or protest
The contents of the boxes, on eXami
nation, were found TO consist of rifles
carbines, ammunition, haversacks
canteens, &c. On hearing before |
United States commissioner the defend
ants were held to bail for their ap
pearance at the ensuing term of thu
court.
Such, gentlemen, is the history o
this case SO far as the evidence goes
J There is no proof that the boxes wer,
to be sent to the island of Cuba o
that the defendants intended to tax,
passage on an outward bound vesse
, which was destined for the same place
All that depends on conjecture am
, suspicion only. In fact, there wa
some evidence to negative any such in
ferences. You will remember that OF
the 29th of August three steamships
cleared at the port of Philadelphia TO
the West Indies, namely, the Holquin
for Port Antonio, the Laurodo for Por
, Moran, and the Buckminster or Havana
The Laurodo, in consequence of needei
repairs to her boilers, did not sail unit
the Sd of September. but her captaii
and owner testified that they had n
! knowledge of any contract or arrange
ment TO take men or freight on boart