Evening journal., 1895-09-18
THE CUBANS ON TRIAL.
A Jury Drawn in United States
Court This Morning.
TIE PATRIOTS APPEAR CONFIDENT

II
Gray WIN Assist In Their Defsnse-The
Greatest Interest shown on All sidss.
The United States Court room was
GRO wded this morning, showing the grest
interest taken ia the trial OF tho
twenty-oue Cubans who are charged
with participating Ia the recsnt alleged
expedition In support OF Cuba Libre
which came to an untimely end az
! Pennsgrove The Cubans. loo king brig ht
and perfectly at ease, occupied seats in
front OF the desk
When United States Court opened at
10 o'clock this morning all the petit
| Jurors answered TO their names except
ing David o Rose, who was excused, Ms
he was In attendancs on the upper court
United States District Attorney Vande-
grift made q motion for a continuance
for one week. as he had received other
evidence OF an important nature which
was necessary to the case This Horatio
). Rubens, counsel for the Cubana,
opposed, on the ground that IL would
put his clients to unnecessary expense
and hardship, and In this II H. Ward
sustained him.
Judge Wales said that he felt that as
80 much time hgd already been spent in
preparation OF the case there should be
no further delay. The statements of
Mr. Vanoegrift were not supported by
afidavits aud therefore we're not OF sufi
Client weight The prisoners we're strang
ers here and 1t was hardship to pat
them TO further Inconvenience aud *
pense II the evidence spoken Of WAS In
Cuba IL would take but short d ae for
the Spanish Government 10 send II here
/ ktt, % leo -
was denied
Mr. Ward asked permission to 90 to
his office for certain books and papers,
which WAS granted He returned at
/ / 10 and was accompanied by Seustor
Gray. Mr. Rubens filed demurrer
against the O. g. IL, 10, 81, % and 30
counts Ia the indictment as no defnits
piioce or country was stated and this
was not sufficient
In reply Mr. Vaudegrift said that he
was pleased to note that thirty counts
we're not objected to, and argued that
even IL the particular country was not
stated the fact existed that the United
States was at peace with the entire
world. and the oifense consisted OF
setting the expedition on foot, no matter
hgsinst whom.
Senator Gray said that the district
attorney had congratulated himself on
the fact that only seven,of the couats had
not bsen objected to. he rather thought
that he should have avoided putting
those seven In the indictment These
men are here ready TO answer 10 an
offsnse charged and should not be- called
on 70 meet any but direct charges
The oifsnse is concrete act land
these men are entitled to know
Just what those charges are The
defendant IN any case Is entitled always,
Co have reasonable and def 1ite
description OF the charge Ia the
statute 1t was necessary 60 make the
ohense against some country, other wise
the name OF every country Ia the world
would have TO be specified In thirty Of
the counts the King Of Spain Is named
and these should be all that we
should be compelled to answer and
which we are resdy TO do As
to the claim that all that was required
was TO show that military expedition
had been organized, Senator Gray said
that II the destination Was unknown,
how could It be defined that It was a
military expedition2 10 migh5 be a
parade. IL is no crime TO bear arms, 1t Is |
q constitutional right aud where there |
statutes could be charged
Judge Wales read the authorities /
stated, after which he said that the |
seven counts obi cted TO wore Indefinite |
and he sustained the demurrer
Deputy Clerk MRhHfiy then got out |
his wheel aud drew the following jurors, |
who took their seats In the box John |
NJ. Downs, Charles H. Mauu, Lsonard e. |
Asprill Jr Timothy Townsend John |
Satterheld, Harry w. Frazer William d |
Jakes, Joseph M Cannon, Francis !
PetitdemauRe William T. Satterfeld, |
William II Wick, Andrew Trainer
Mr. Ward objected 20 Juror Downs !
and the name Of Henry Woodkeepsr, Jr
was called Leonard T. Asprll, Jr was
also challenged. Joseph Weldon's name
was called bat excused William G
Adams was then drawn The United
States made no challenges and the Jury
as IL WAS constituted was then sworn
The court then took a recess until
p m
Toe appearance Of Senator Gray In the
case has added materially to the conf
denee Of the Cubins and their frier ds
An EVENING" JOURNAL reporter a. ksd one
Of the Cubans what he thought OF Sena
tor Gray, when be replied: "He is iae
man and brilliant mind We will win,
and then we will raise statue 70 the
gAllsnt senator.
The outcome Of the trial is a matter Of
divided opinion. The sympsthIzers with
the patrists believe that they will not be
convicted Attorney. General Harman
has sent word to Mr. Vandegrift TO use
every tnjrt TO convict, as the United
States Government recognizes its re-
soonslbility 10 uphold the laws OF
neutrality
The friends Of the Cubans claim that
Spain has never rscognz "a a war ia Cuba
aud that therefore a military expedition
could not be organized 10 support Of the
Cubsns who are not a. WAT
A NJ Bailey well known citiz an Of Eu-
gene. Oregon. says bis wife has for years