The Wilmington daily Republican., 1895-09-10
CUBANS ON TRIAL.
An Interesting Motion Made
By Their Attorney.
THE CUBAN GENERALS LETTERS
The Grand Jur, Dl.chsrsoa In Order to
Give the Attorney. Time to Argne
the Moti.n n.

II was 10, As O'Clock this morning when
Judge Wales took he seat on the bench
in the United States District Court. The
principal case to be tried at the present
term OF court is that against the twenty
Cubans reoently arrested at PonEsgrove.
Eighteen members OF the grand jury were
empannelled. After receiving their In.
structions and retired TO tEelr room.
Mr. III. II. Ward motioned that the
package seized on the occasion and pre-.
scented at the preliminary hearing aud
containing four letters addressed to the
general OF the Cuban army. should not be
ueed in evidence either before the grand
or petit jury. The motion was supported
by the aiiidavlts OF Marshal LanDan and
Deputy Marshal Hughes. The glst of the
ailidavits was that when the package was
taken to Marshars Office that Deteotlve
Gayior opened the came and examined Its
contents. MIR. Ward read a case relating
TO the one before the court: 7.
MIR. Ward was associated with Messrs.
Rubens and Benolt OF New York City.
MIR. Ward maintained that at the bottom
OF the motion lay human rights and prln-
oiple because no man directly or Indirect.
ly, could bs compelled to testlfy against
himself and such papers wer. matters OF
aggregation instead OF evidence. The
first case OF the kid at present on trial Is
described by
Dallas No q Brightly Notes. In the
casa OF United States against Guinet et
al. The case being that OF the conversion
OF a merchant vessel OF n foreign beliRar-
ent power Into vessel OF war within part
OF tue United States. with intent to cruise
against another bellg gerent power, at peace
with the United States IL to be deemed an
original outfit and Is breach of the nou.
trality laws OF the United States.
This was an indictment for titt'ng out
ann armlnR In port OF Philadelphia n
steamer 20 be employed In the service Of
France agaiuet Great Britain. She came
to Philadelphia loaded with sugar aud
coffee ana took aboard guns and along
the coast OF Guinea had 10 port holes
made on each side.
She sailed aud came to Wilmingio o n
where a lot OF other things were loaded
including hogshead OF small kegs.
Mr.. Ward maintained there was a
search and seizure OF private documents
and such has been covered by the law. II
was In strong language. Ho oontended
that the seizure and search was actual aud
| compulsory production OF papers
| against the defendants. As soon as II
came to the cognizlnce Of the U $. Attor-
| ney General that the papers OF Debs were
| seizad then lie ordered that they be re-
turned to him. AT ~ Is o'clock the court
discharged the grand jury until
| o'clock.
District Attorney Vandegrift stated the
motion was an unusual one.
The cnurt-It is mn unusual case.
| May II please the court. 1t is not ar
| unusual case. The grand Inquest OF ths
district has not presentsd anything In the
case yet. 1t Ia not within the power o
any one to prevent these men from
| malinR inqulsltion Into the violation o
the law lie was surprised that the case
was cited as an authority. He was In
structed by the Government weeks ago Il
he diix eDt In preventing all infringe
men;s OF The law