The record-union., 1896-12-29
STEAMSHIP THREE FRIENDS.
THE LIBEL CASE ARGUED IN THE
U. S. CIRCUIT COURT.
The FiIibuster Sails From Key West
for Jacksonville in Charge of
Customs Officer.

JACKSONVILLE (Fla), Dec 2S.-
The case of the United States against
the steamship Three Friends, a libel
for the forfeiture of the vessel to the
Government for a violation of Section
1888, Revised Statutes of the United
States was argued in the United States
Circuit Court to-day. The libel is
based upon the trip of the vessel from
this port last May, when she was es-
corted to the three-league limits by the
revenue cutter Boutwell,
The section the Three Friends is
charged with violating prohibits the
fitting out in the United States of a
vessel to go in the service of a for
eign Prince or State. or of any colony
district or people, to cruise or make
war upon another foreign Power State
colony or people.
The owners of the Three Friends con-
tend in their answer to the libel that
Section 52S3 does not apply to the Gu
ban rebellion, because the United States
has not recognized either the inde-
pendence or belligerency of the Cubans
and the United States cannot take
cogniZance of the war until either the
President or Congress recognizes the
existence of war, and therefore it was
impossible for the Three Friends to be
engaged in the service of one political
power against another political power
with which the United States was al
peace, the insurgents not constituting
a political power recognized by the
United States and therefore they are
not a foreign Prince, State, colony, dis
IL a
statutes.
The United States District Attorney
relies upon the fact that there have
heretofore been several confiscations OF
vessels for the violation of this section
" here no war had been acknowledged
to exist, but the defense contends that
its point, now depended on, had never
been raised in any case of prosecution
for violation of Section 52S3 The de-
fense admits that the United States Su-
preme Court in the Weborg and Horsa
cases recently held that Section 52S6
part of the same Act, can be violated
without the necessity of acknowledge
ment of belligerency, but maintains
that the Supreme Court In the same
case held that Section 52S3 applied only
tc the case of two recognized politica
powers engaged in acknowledged war.
fare
The case was submitted and taker
under advisement by the court.
If the defendants win this case they
hold that ii Will be of very great i'm
pCrtance to the Cubans, as the Gov.
eTnment will then have to recognize the
belligerency of the Cubans, or at least
stop prosecutions for confiscation Of
vessels under this section.
| IN CHARGE OF A CUSTOMS Off.
GER.
JACKSONVILLE (Fla.). Dec. 2S-
The steamship Three Friends left Key
West this morning at $50 for Jackson
vile. with a special Deputy Collector il
charge Assistant Secretary of the
Treasury Wike left Tampa yesterday
to gather information concerning al
legged piracy on the part of the crew
of the Three Friends. In Jacksonvill,
to-day the case Of libel for forfeiture
against the vessel. In which she i:
charged with being fitted out and armed
for war against Spain. was argued il
the United States Court The Thres
Friends will probably reach Jackson
vile tomorrow.
The steamship Vamoose is still II
Key West, the crew being ON a strike