Evening journal., 1895-09-21

action OF Harry Graham, " hen he went
to Gordon Heights, met the Taurus aud
after boarding her went TO Pennsgrove,
where the defendants unloaded their
own effects and had them shipped to
Philadelphia
To the jury he said "What have you
got to do with any outside sympathy or
any appeals msde TO you from the
outside? The question only Is. can you
put any other construction on the inten
tions Of the defendants than that they
we're bound for Cuba, a dominion OF the
King OF Spain. II you can, then give them
the benefit Of the doubt
The district attorney endeavored to
| anticipate the argument of defense by
defining the right Of the King Of Spain
to employ detectives, and paid then a
compliment as to the nature Of Their
evidence
Senator Gray Begins Argument.
At II IS Senator Gray began the a-gu
ment for the defense He took up the
indictment aud argued that IN order 10 be
a military expedition there must bs some
organization. That to be violation OF
| the neutrality laws this expedition must
be carried on from the United
States and must be against
the King Of Spain. He said that the
mere sympathy shown for q nation slrug
Cling for liberty was not violation Of
the law When Henry Clay, In the
House Of representatives advocated the
cause Of the struggling republics Of
| South America he spoke as free man In
a free country. All that was incumbent
on him was to observe the law and not
set on foot any expedition against a
/ nation with which we are at peace
Senator Gray cited number Of
authorities, upholding the position he
took at the outfet that It could not be a
military expedition, unless organized
He cited the case OF the steamer
lafayette which left New York with q
party OF 200 Frenchmen on board. and
| some 80 0o0 rifles and a large quantity
OF ammunition TO be used IN the Franco
Prusslan war and which G-rman powers
tried to stop Secretary Fish decided
that It was not an expedition and that
the arms, etc, we're articles Of commerce
and she was not held The argumei I
that it did not constitute violation Of
the law for a man, or snv number Of men
60 abroad with the Av we'd intention Of
joining In an insurreclion against 4 nation
1
they are not organized
Senator Gray said that the fact that =
crecy and deceptlo had been used was no;
q violation OF the neutrality laws-snc
cited authorities
He asked the court TO charge that the
government must prove without doubt
all the claims made in the Indictment IN
order 20 convict. That the expedition
was a military expedition and against
| the King Of Spain, and that It was 50
organized. That even II the defendants
were bound for Cuba, that it was not
| violation Of the law unless shown thai
the expedition was organized as q mill
taty expedition within the Jurisdiction
of this country and against the King ol
/ Spain.
Mr.. Ward Addresses the Jury.
Senator Gray closed at 70 o'clock an,
Mr.. Ward began bis address to the Jury
He said that when the taking OF evidencl
closed he firmly belle yed that the prose
cution not only had not proved these mel
guilty but had not even completed the
first step. He spoke Of the Importance
OF the case and said the eyes Of the en-
tire western hemisphere are bent on the
jury. He called attention to chs
| fact that the detectives worked up the
case under the employ Of the Spanish
Government, and the case had beer
brought by it. In place OF the United
States vs Bralio Peua ct al 10 should bl
the Kingdom Of Spain vs.. Bralio Pena ei
al he cited the charge against tbs
men The first thing to b. proved is ithai
this was a military expedition, and VIII,
its leader was This has not been done
Mr. Ward took up the testimony
which he divided into three classes th'
nen vino testified TO the handling Of thl
boxes, that of the paid detectives aud the
testimony relative to the Lsurada
Ward closed at 10 30 and Senator Gray
began. He said that It occurred TO hin
that any man who wanted to go to Cubl
TO fight WAS not of his frame Of mind.
The senator cited the different step
OF the evidence showing that not one o
them was in violation Of the law. II q
no crime, said he TO send arms TO Caba
or TO 20 there and fght II they 81
pleased, for their country snd the caus
Of freedom. IL was no crime unless i
could be proven that there was a mllitar,
expedition fron the United State
against the King Of Spain
Mr. Vandegrift then said that the onl.
point he contended in the argumen
OF the senator WAS tina
It was not necessary to have outward sign
Of leadership in order to make it 4 mili
tsry expedition He then briefly ad
dressed the jury, taking up the evi
dencs and reviewing It HI
made most eloquent address
in which he said that no &C
on his part should be construel
as heing opposed to the nobl
and lofty aspirations which sctust
these men. His duty TO the lay
demanded that he should do all in hi
power to see thai that law Is vindlcated
Mr.. Vandegiifs closed az l.35 aud tn
Judge decided to defer bis charge unit
Monday morning at II 30. aud tbs jur
vas discharged until that hour.
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