Delaware gazette and state journal., 1895-12-05
Captain and First Officer Before Com
missioner Smith.
STRANGE STORY TOLD BY A BOY
Says He Saw Some Men Taken
Aboard Ship
THEY HAD GUNS AND ALSO A SWORD

Officer Rogner Christensen of the Nor
wegiau steamship Leon, which is
undergoing repairs at the yards of the
Harlan & Hollingsworth Co., were
placed under arrest Friday night by
Deputy Marshal Hughes, and arraigned
before United States Commissioner S.
Redmond Smith on the charge of vio-
lating the neutrality laws. Tho war
rants for the arrest of the men were
sworn out Friday by DIR. Jose Con
costa, the Spanish consul at Philadel-
phia. The men were given prelimi-
nary hearing Friday night and held for
further hearing Saturday N. II. Ben
son became their surety in the sum Of
81. 600 each.
At 122 20 o'clock Saturday afternoon
the officers were arraigned before the
United States Commissioner S. Rod
mond Smith, at the Federal building.
Contrary to anticipations, it was de-
cided to have the hearing in this city
and not transfer it to Philadelphia.
The officers were represented by
Captain w. W. Ker of Philadelphia,
part owner Of the Leon and also the
Horsa, Senator Gray aud ii. II. Ward
District Attorney Vandegrift repre-
sented the government.
Karl Arusten, a Norwegian sailor,
who was fireman on the Leon last
August. when tho boat went out of the
river and bay, said that when the Leon
left Philadelphia she came down the
river slowly, and before entering the
bay 12 men were taken on board from
tug. They had with them, he stated,
10 rifles, one sword and Is boxes. He
saw ono OF the men sharpening the
sword on grindstone and asked what
he was going to do with it. "Cut off
| the head of Spaniard, was the reply.
"After the Leon took tho men on, "
| he continued, 'she started for Port
Antonio, Jamaica. Before reaching
the end of the voyage tho men. who
got off in tho river disembarked off
the coast OF Cuba, near Baracoa. The
Leon ran about 150 feet from the shore, !"
he stated, land when the men from
the boat landed on the island they
were met by 10 more on shore. She
| then proceeded on TO Port Antonio,
took on cargo of bananas and re-
turned to Philadelphia.
The witness was cross examined by
| Senator Gray, and during the cross
examination he said the men told him
| that they were "Going to Cuba to
| 1Bul Iub spanish.
Ole Anderson was the next witness.
He is Norwegian and Samuel Torkil-
sen was the interpreter, Anderson said
he was on the Leon last August when
she came down the river. He stated
that she took on several men, he did
not know how many, and about IA
boxes, in the Delaware river. They
were landed. he said, on the coast of
Cuba. He said he could not tell just
what was in the boxes, whether they
were guns or rifles. He said some had
| swords and revolvers when they boarded
the boat. They disembarked, he said,
in boats, off the coast of Cuba. He
acknowledged that he could not see
what was in the boxes.
On ross-examination by Senator
Gray he said he was on the Leon for
three trips. .....-.
Anderson said he first told the mat
ter to his brother, who lives in Port
Richmond According to his statement
be and Arnsten both left the Leon and
went to the Horsa, and both left the
latter boat about tho same time.
When the men disembarked from the
Icon, off the coast of Cuba, he stated,
they were near the shore.
When asked why he came down to
Wilmington, Anderson said he was
sent down as a witness, but he ap-
peared to be ignorant of who sent him
| down.
AT this point Mr.. Vandegrift said he
telegraphed for the witnesses Frsday.
Mr.. Ward then asked Mr.. Vandegrift
who sent the witness down, and he re-
fused to tell.
Anderson said he had not been offered
any emolument to come down. He left
the Leon because the boat was so hot
and the work 30 hard
Immediately after Anderson had
finished, Senator Gray addressed the
commissioner. ...-... =
The Senator said it has been laid
down by this court and in other courts
that it is not illegal TO ship arms or
men to Cuba. 1t is no offence, he said,
for which these men can be held to
answer for any crime. He laid stress
on the fact that the only testimony was
given by the two men who had left the
employ of the Leon. He held that
there was no evidence of military ex-
pedition. 1t was not shown whether
the men who shipped on the boat were
| going to fight for or against the King
OF Spain. He held that there had not
been particle of testimony to show
that Capt. Svanoe and his mate had
set on foot an expedition. He also
held that it would have been no crime
if the captain had known that the men
were going to Cuba TO fight and took
them to Cuba for that purpose. He
| did not fit out the expedition, and il
was not shown that the little squad of
| 12 passengers were organized. 1t was
l af,f CHI huf
was above another.
The Senator then cited authorities
\ for his contention. These men, he
said, were engaged in a lawful COM
mercial enterprise. Taking the testi-
mopy as the facts, they were conveying
arms manufactured by American me-
chanics to place where they found
sale-where they were wanted. why"
he said, "should we continue nagging
after people who are engaged in lawful
commercial enterpriseY" He deplored
the fact that people engaged in COM
merce are continually in fear Of arrest
He dwelt on the statement that it had
not been shown whether the men were
going to fight for or against Spain.
District Attorney Vandegrift followed
| Senator Gray. He opened by uphold
ing the statements of his witnesses.
He held that by the witnesses who
had testified that case was shown
where an expedition was going from
this country to the island of Cuba. lie
said all he had TO do was to make
prima facie case, which he claimed he
could do. He held that he merely had
to show that the men were bound for
Cuba. He put stress on the testimony
of the witnesses that the men had been
taken on board in the Delaware river.
Commissioner Smith said that MIR.