Evening journal., 1895-08-31

Macallister read the charge against each
prisoner, aud this was interpreted to
them by Ralph De Soto. Each one ia
turn pleaded not guilty. United States
District Attorney H. O. Vandegrlft and
Pinkerton Detective Gaylord looked out
for the interests OF the government,
while IA. H. Ward cared for the
prisoners
After they all had pleaded TO the charge
/ Mr. Ward moved the discharge OF the
prisoners on the ground that they had
been illegally arrested by the marshal
outside his jurisdiction, and within the
district OF New Jersey
District Attorney Vandegrift stated
that he was prepared to argue that
question, but didn't see any necessity as
the precaution had been taken to frame
other complaints after;the men had been
brought within the jurisdiction of the
marshal.
Commissioner Macalister said he would
like to have this question discussed but
as the complaints had been served after
the prisoners had come to this city aud
properly he would act on those com
plants.
Branlio Peno was first put on trial
United States Marshal Lannan Was the
first witness He told OF chartsring the
tug Meteor under instructions received
from the deputy collector Of the port
lie opened boxes Of the q and found
rifles and ammunition therein. He
brought all In.
In answer to Mr.. Ward witness said
the boxes were on the dock at Pennfgrove
The nearest man arrested was about 100
yards from the arms. etc, aud the
furthest about 400 yards. The men
came TO this city under arrest and by
force. The arrest was completed on the
soil OF New Jersey, aud no formal arrest
was made after they came into Whining
ton, the warrants having their names
before the Meteor WAS chartered de knew
nothing personally Of any servics Of any
complaint since arrival here.
In answer to questions Of Mr.. Vande
grift, witness said none OF the prisoners
had admitted TO him how they happened
to be In Pennsgrove, or what their errand
was. be knew nothing Of the movements
Of the Taurus.
Thomas b. Nicholson, captain OF the
Taurus, WAS SWORD. He testified 10 taking
the prisoners and number OF boxes out
on the river, to Pennsville, then to
Gorden Heights, then to Pennsgrovs.
The movements Of tho tug were made
under orders from Ralph De Soto Mr.
Ward objected to admitting any evidence
as to what orders Mr.. De Soto gave, TO
which Mr.. Vandegrift said that while IL
had just cropped out that AIR De Soto was
q partysto the violating OF the law and
while his name was not In the list. tho
governmen may decide that 1t should
be
NJ. Ward claimed that Peno was the
defendant and he alone. 10 WAS not a
case Of conspiracy and It had not been
shown that the defendant knew any
thing Of the boats movements or even
by silence sanctioned them.
The commissioner decided that Captain
Nicholson could tell the movements OF
the boat, but only so far as the prisoner
was concerned. The captain said that
the Taurus ran to Chester, the intention
being 20 look for a steamer outwards
bound which would blow their whistles,
ont didn't meet her. Then ran TO
Psnnsviile, then 10 Pennsgrove.
After some s2arring by counsel.
Captain Nicholson said that his orders
were simply TO lay ia wait for steamer
which should blow three whistles, but be
knew nothing further than that when
the steamer was seen he was TO lay
alongside her. The obi set he did not
I
cases on the stern Of the Taurus Left
men and boxes at Pennsgrove and was
just starting home when the Meteor
came over
After leaving the Christians the tug
cruised mp and down between midnight
and o'clock A touch WAS made Rt
Gordon Heights at 80, and De'Soto got
off, The party then went to Pennsville
aud had dinner, then went back TO
Gordon Heights when Harry Graham,
one Of Warmers clerks, got on. He
talked with the CnbRus and
they wanted the stuff shipped to
Philadelphia Graham suggested that
they be shippad from Chester, but Cap
tain Nicholson thought it would be best
to 20 TO Psnusgrovo. This Was done
the object being TO ship the cases by
Major Reybold to Philadelphia The
men unloadsd the cargo and said they
too were going TO Philadelphia
Albert Stout, clerk with Charles
Warner Company, said the tug Taurus
was chartered to go ou, at 6 p m.
Thursday evening, but this was after
wards changed to mldni ht. He was
there at that hour and put twenty seven
cases on her Didn't know what they
contained. Didn't SEQ anyone 20 on her.
I Du1 adN hVmo AAon lAobAotJ hA1oth VI
twenty walking towards the tug Her
orders were given by Mr.. Warner.
Marshal Lannan. recalled, said that he
acted under direction OF United States
Attorney VandeRrift who placed in
evidence his authority for acting.
Edward S. Gaylord, special agent for
the Spanish Government, awore that he
learned through his men that goods
had been brought to Wilmington steam
ship line for the use Of the Cuban insnr
gents
Mr. Ward OBJECTED that the evidenc,
was simply hearssy and was not I'D
mis- slbls. Mr.. VsndegIift SAID that tn,
witness was simply testifying to what h'
knew.
The witness then testified that hI
learned Of the shipment OF goods e
De Soto Bros Put man on the boat
Witness came to Wilmington, watched
} the men 20 through Warmers shed
Saw the Taurus being loaded, bu
didn't see the men 60 aboard. This
D Taurus then left the wharf, but didn'
see which way she went Next saw
? the Taurus at Penpssrove Recognized