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

what vessels cleared from Philadelphia
August Goth for the West Indies.
Senator Gray objected, contending
that the question was irregular and
impartinent He claimed that the
vessels that cleared from Philadelphia
that day for the West Indies had no
hearing on the case unless ii was shown
that the defendants were connected
with them. The objection was over
ruled.
The witness testified that the Hol-
guin, the Buckminster and the Laur-
auda cleared that day, respectively for
st. Antonio, Havana and Port Maran.
Tho Laurauda cleared August 29th,
but she did not sail until September
Sd. The United States district attor-
ney asked him to tell why the Laurauda
did not sail the day the clearance
papers were issued, but since he could
not tell of his personal knowledge the
question was ruled out
On cross-examination Mr.. Finletter
stated that he is not the custodian of
the record which he had consulted
when testifying respecting the clear
ance of the vessels. He knew Of only
one case of clearance papers having
been returned when the vessel did not
sail the day the papers were issued.
On redirect examination he testified
that it is his duty to take clearance
papers abroad vessel the last thing
before she sails. He did not know OF
any previous case Of vessel having
delayed her departure two or three
days after the issuance of clearance
papers
John +. Carr, who is Mr.. Finletter's
colleague in the customs service, testi-
fed that the clearance OF the Buck.
minister was the only one that he had
personal knowledge of.
w. F. Burns, foreign entry and clear
ance clerk at the port of Philadelphia,
described the manner of clearing ves-
sells.
Simon W. Mears, an employe Of the
George w. Bush e. Sons Co., testified
that he had received pay for 4,6T0
pounds of freight.
The boxes of arms, ammunition, &C.,
stored in the basement of the Federal
building were offered in evidence.
Their inspection by the jury was post
poned until the noon recess. The
United States district attorney also
offered in evidence a certified copy Of
the Presidents proclamation and a
Senator Gray objected to the admis-
sion of the proclamation and the map,
contending that they could not be
offered in evidence, but could be taken
notice of by the court. To save time
he withdrew his objection to the ad-
mission of the map. Judge Wales
stated that he would read the procIama-
tion to the jury if he thought proper.
Alvin Kaufman described the bundle
which was in the possession of Col.
Nunez and his friend and said it was
brought to De Soto's cigar store in this
city and subsequently taken aboard the
tug. He testified that he saw the
men crawling aboard the boat.
On cross examination he stated that
the men were crawling on their hands
and knees. He could not see what they
were crawling on when they were going
to the boat. There were a dozen of
them and they were in single file. He
was standing on tho bridge and the
men were crawling ON tho stern of the
boat. The bow was nearest the bridge.
The boat was about 30 feet from him.
The United States district attorney
! offered the contents of the bundle in
| evidence.
Counsellor Ward objected and read
| the fourth and fifth amendments to the
Constitution of the United States in
support of his objection. He contended
that the seizures of the package was
unwarrantablc. He also claimed that
| the United States marshal was the
proper custodian of the bundle and
declared that nobody else had a right
to open it. He reviewed portions of
the testimony of Detective Gaylor and
the United States marshal for the pur-
pose of showing that their evidence
differed. Tho, detective, he said, had
testified that he opened the bundle in
the presence of the United States mar
shal and the latter had testified that
when he first saw the bundle it was ip
the detectives lap and was open. Mr.
Ward assumed that the bundle was
| opened and searched out OF the presence
of the United States marshal. He con
sumed considerable time citing legal
grounds for the exclusion of tho con
tents of the bundle as evidence. He
argued that il there was proof that the
package was in the possession of one
of the defendants that proof could not
be used against the other defendants
and alleged that there was proof only
that it was in the possession of an un-
known defendant.
Mr.. Ward concluded at 12 O'Clock.
He was followed by the United States
district attorney, who announced that
he will, at the proper time, file an
affidavit that the articles are the prop
erty of the defendants. He said there
is no evidence that they were taken
from the inen unreasonable. He adj
mitted that there was difference in
the recollection of Detective Gaylor
and the United States marshal respect
ing the bundle being open when the
latter first saw it at the Federal build
ing, but he eontended that it made
absolutely no difference. Next he cited
legal authorities respecting property
taken on the person. He said he will
argue the question of conspiracy later.
The United States district attorney
concluded with motion that propo.
sition for delivery to the defendants
certain property in a certain bundle be
admitted in evidence.
At H. As O'Clock the jury was con.
Quoted to the basement to inspect the
arms, ammunition, &c., stored there,
and court took recess until o'clock.
The taking of testimony in the case
against the alleged Cuban filibusters
was finished Friday afternoon.
Senator Gray - argument against the
admission of the package opened By
Detective Gaylor began imnediately
after the noon recess of the United
States district court and continued Sc
minutes. He spoke of the gravity oi
the case and said it was not case oi
a fugitive fleeing from justice with
discriminating evidence upon his per
son. Neither was it case of a homi-
eide who was caught with weapon il