The morning times., 1896-11-21
.LAURADA CASE WITH JURY
Given Into Their Hands but Verdict Is
Delayed.
CHARGE OF THE JUDGE
His Instructions Practically Cleared
Nunez of Any Completely In the
Alleged Expedition-Gen. Tracy's
Treatment of tie Government
witnesses Criticised.

New York, Nov. 20.-Gen. Tracy his
address in the alleged Laurauh Iiiibusler
case by saying: "This is an important case
from whatever standpoint you may view
it. 1t involves" he continued, issues that
may hereafter arise between the govern
ment of the-United States and the govern
ment OF Spain"
Gen. Tracy declared that there Is no
limit to the aid that the people OF this
country may extend to the Cubans except
such as is absolutely forbidden by the
statutes. american citizens" he said,
.'are forbidden TO organize any military ex-
pedition within the limits OF the United
states to aid Cuba. II the orSanizauon
be formed out at sea, outside the waters
of the Unit ed States, then tits not Witfinthe
command of the statute. Any merchant
may Sell arms 10 either OF the OelliSercICs
and not violate law. In all cases of war
commerce is open.
The fact that the arms and the men
came on board the Laurada at the same
time did no constitute military expe-
dition, the arms being in boxes and pack
ages. There was never n moment OF time
when there was anything of an unla wful
character in the whole affair until those
boxes Were broken open and the arms and
ammunition were issued TO the men.
The prosecution are bound TO show you
what the owner of the ship commnni-
Gated TO tie captain and submit there is
no evidence To show that the captain had
any knowledge of the character Of the eX-
petition until he reached Montauk Point.
If he first gained his knowledge there,
then he cannot be held.
AS To COL. NUNEz.
AS to Nunez, the counsel stated that
the only evidence against him is that he
is a Cuban and speaks Spanish. 1t had
not been proven that he had purchased
the arms nor organized the expedition.
Neither had it been proven that he WAS
in charge of getting the men on the
lighters. Gen. Tracy contended that it
was proven that somebody else did all
that.
Counsel referred to the testimony of the
sailor to the effect that Nunez, when the
Laurada returned to Jacksonville, ordered
| the captain to get away To Charleston as
| soon as he could, and said this had been
denied by a witness FOR the defense,
man OF high standing.
''Enowledge that an unlawful enterprise
| is going on Gen. Tracy said. lis not
| enough to convict II man. He must not
! only know, but he must do. He must aid
| or assist i'll doing the criminal act, and
| that must be proved.
THE government performs its duty in
| preventing the departure OF unlawful eX-
peditions. All talk of international re-
| sponsibiity has nothing to do with this
| case With this Gen. Tracy concluded
| his address
| United States District Attorney Mac
! Fariane began summing up for the prosecu-
! ton.
THE GOVERNMENT SIDE.
"Thc whole question is.''he said, hing
| ed on what was the intention of the men
| when they left this district If the jury
| was convinced from what happened after
| they left the district what the intention
| of the men was before they left the dis
trict, then they should CONVICT
AIR. Mach ariGEe Zen reviewed the al
| legged prCceeGingS-in in connection with the
| Laurada expedition, upon which the charges
| against the defendants are hased, and in
| sisted that when the men left the district
| they intended to co just what they subse-
| quently did.
| In Concluding the district attorney said
| that any country having any regard for its
| honor among men must enforce the inter-
ma jiuual laws recognized by the nations.
! The continued flagrant violation of law
| by those who are seeking to aid Cuba was
| dangerous, he urged, and should not go
| unpunlshed.
Lu.n IA oItning and closing his address
| Mr.. Mac Farlane took occasion 10 cr!ticise
| Gen. Tracys address. He characterized
the generals remarks about the govern
menus witnesses as scandalous, and said
that Gen. Tracy evidently was ignorant Of
the most recent Supreme Court decision
i'll a filibustering case.
CHARGE TO THE JURY.
In charging the jury Judge Brown said
| that the case was of more than usual i'm
portan nee, as it affected not only the de-
PENDANTS, but involved, Indirectly, interna-
tonal relations The laws affecting the
case had been made to avoid serious com
| plicatious. He explained what constituted
n military enterprise and said:
Under the rulings OF the Supreme Court
/ must instruct you that if you find that
this bod Y Of men landed with arms in their
hands, and We're then organized to stand
together. that would be military descent
upon Cuba. and the organization to effect
that would be a military enterprise
Then the question remains whether that
was military expedition wheni it left New
York and whether these defendants pro-
| yided the means for it, Was this a mill
tary expedition withinthe knowledge of the
captain when it left New York? If not, Ec
is not liable.
But if a person collects arms and men
with the design of later bringing them to-
gether. must say to you that that would
fal! within the Statute. If a military
descent was intended when the men and
arms were collected then a military enter
prise was formed. No inference unfayor-
able to the defendants must be drawn from
| tne secrecy they OBSERVED. Inc taking
on board of the surf boats is not neces-
sarily an indication of guilt on the part
of the captuin and the same is to be said
regarding his going to NJ Montauk Point
HIS ANALYSIS
"You must be satisfied in your own mind
beyond a reasonable doubt that the cap
tain understood before he left New York
| that there was to be an unlawful eXpedi-
ton, in order to convict him.
There is no evidence to show that Nunez
had any share in collecting the men, hiring
the tugs or vessel, or that he had done
anything to promote the expedition until
the arrival at Montauk Point.
Il do not recall any evidence in this case
that Nunez did anything toward setting
on foot the expedition within this dis
trict. If he did not, you must acquit him
If Nunez was passenger on the Laurada
| and simply advanced the captain SlGO to