The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-05-18
HORSA CASE APPEAL
Arguing to Show That the Cuban
Synpathizers Violated No
American Law.

WASHINGTON, May IS, 1S96-The Su-
preme Court of the United States held an
extra session today for the purpose of
nearing argument in the matter of the
Horsa Cuban expedition, growing out of
the conviction of J. H. S. Wiborg, Jens
+. Petersen and Hans Johansen, citizens
OF Denmark, in the District Court of the
United States for the Eastern District of
pennsylvania, for a violation of the neu-
trality laws of the United States. They
appealed from the conviction to the Su-
preme Court of the United States, and
pending that were admitted to bail Two
weeks ago Attorney General Harmon
moved to advance the cause for a hearing
at this term of court, and as the call of
the docket for the term closed on the Sth
instant, the granting of the motion neces-
STATED the session of today.
w. Hallet Phillips, for the appellants,
opposed the advancement asked for by
the government, suggesting that it be
heard at the October term next and in
response to its objection, the Attorney
General made use of an expression which
was largely quoted at the time as con-
veying President Cleveland's belief that
the Cuban war would be over within six
months. What he said was that if the
case was permitted to go over until fail
it might as well take. its usual course :
that the summer was the time when
similar expeditions would be fitted out
unless restrained by the decision of the
Supreme Court of the United States.
The case was argued for the appel
lants by Mr. Phillips and Mr.. Ker, the
latter of Philadelphia, and for the Gov
ernment by Attorney General Harmon
and Solicitor General Conrad
In their brief, counsel for the appel
lants express regret that in a case of so
much Importance the District Judge who
presided at the trial should not have ex-
hibited that impartiality so characteris-
tic of the administration of justice in the
Federal tribunals. The address of the
Judge, they say, was an undisguised at
tempt, only too successful, they say, to
influence the jury to find the defendants
guilty by unwarranted intimations and by
expressions unsupported by evidence
Counsel assert that, assuming the case
to be as tated for the Government, such
a state of facts does not constitute a mil
itary expedition" The men had right,
SO tar as our laws are concerned, to Join
the Cuban army and to go to Cuba for
mat purpose, either singly or together.
Nor We're they forbidden by our laws 10
convey to such army munitions of war.
The passengers on the Horsa We're not
armed when they left this country, and
did not proceed to the scene of the insur-
rection as an organized body capable of
levying war. The statement of the
Judge that they were armed is find
ing of a fact not warranted by and evil
dence.
On the other hand the Attorney-Gene
and his associates contend that the main
question presented in the case was mar
row one, namely, the meaning of the
phrase military expedition or enter
prise
They submitted that an expedition
was military whenever it was relating
or pertaining to war" or connected with
a state of war" or was appropriate to
the affairs of war When the men and
the men have control of the cargo; when
they are organized to the extent of acting
in concert; when, whether or not they
have any other leader, they are accom-
panied by a pilot brought by themselves
destination; when they land themselves
and their cargo together by their own
physical efforts, that in their opinion con-
stituted military enterprise.
The word military might be properly
APPLICABLE. not only to body of men
organized or quasi-organized, but even
to a single man. When Samson went
out and slew one thousand men with
the jawbone of an ass, his actions were
was little organization in John Browns
party of twenty-five men when it cap
tured HarperS Ferry, but the CAPTURE
was clearly the result of military en-
terprise
After reviewing the errors assigned as
grounds for reversal, the Government law
officers claimed upon the record that the
Judgment of the court below should be