Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1896-11-21
THE LAuaAoA CASE.
Judge Makes Rather Favorable Charge an
Jury Fails TO Agree.

New York, Nov 20.-The arguments
in the Cuba filbusters' trial were fin
ished. today In charging the jury
Judge Brown said the case was of more
than usual Importance, as ii affected
not only the defendants but involved
indirectly. international relations. The
laws affecting the case had been mad.
to avoid serious complications. Section
1886, under which the present indict
ment was framed. dealt with military
expeditions. BY our legislation it wa.
claimed that individuals might lawful
ly go abroad and enlist. if they did s
voluntarily, and it was competent 70.
men to so in company win one anothe
so long as they did not constitute
military Enterprise. The first considera
ton was whether this was a militar.
Enterprise. He explained what consti
tuted a military enterprise and said:
Under the rulings of the suprem'
court | must instruct you, if you fin,
this body of men landed with arms il
their hands and were then organized
to stand together. that would be mill
tary enterprise. Then the question re
mains whether these defendants pro
vided the means for it.
IF this organization was tken L
Cuba and the boxes We're not opened
that would not be a military enterprise
Was this a military expedition within
the knowledge of the captain when
left New York? If not, he is not liable
If person collects arms and men will
the design of later bringing them to
gether,I must say that would fall with
in, no CT f,rfa II II the infpn
to make an armed descent upon Cuba
then there is no case. If a military de
scent was intended when the men ano
arms We're collected. then a military
enterprise was formed.
IF you are not satisfied that the
captain knew of a military expedition
here in New York, you must acQui
him. No inference unfavorable to the
defendants must be drawn from tn,
secrecy they observed. The taking OF
board of surf boats is not necessarily
an indication of guilt on the part of the
captain, and the same is to be said re
garding his going to Montauk point
You must be satisfied beyond reason
able doubt that the captain understood
before he left New York that there was
to be an unlawful expedition in order
to convict him.
There is no evidence to show that
Nunez had any share in collecting the
men, hiring tugs or vessel, or that
he had done anything to promote the
expedition until the arrival at Montauk
point. I do not recall any evidence in
this case that Nunez did anything to-
ward setting on foot the expedition
within this district. If he did not, you
must acquit him. If Nunez was pas
senger on the Laurada and simply ad-
vanced the captain 800 to pay his men
he is not liable in this district and the
same may be SAID in regard to his ap-
pearance at Jacksonville. Yet if the
acts at those places alleged against
Nunez were done, as the prosecution
says they We're, you may draw the in
ference that he was the manager of the
whole affair"
In conclusion, Judge Brown charged
that if the jury found all the circum.
stances of the case were as compatible
with the theory of innocence as with q
theory of guilt. they should give the
defendants the benefit OF the doubt
The jury retired at 500.
| As the jury had not reached a verdict
at 10, tonight Judge Brown ordered that
| they continue delibera tons and in case
| they reached am agreement to hand in q
called verdict at 1890 tomorrow morning
sage to Judge Brown stating that they
| could not agree upon verdict as tt
either of the defendants.
| Con Nunez and Capt. Dickman were
existing bail and in custody of theil
| counsel