The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-11-21
TRIAL OF THE FILIBUSTERS.
THE LAURADA CASE GIVEN TO THE
JURY.

SxDopsts of the Judges Charge.
The Jury StiII Out.
Now York Nov. 2O.-The United States
criminal court was crowded this morn
1rg when Gen. Benjamin F. Tracy be-
aop his summing up for the defense in
tba case of Col Emilio Nunez and Capt.
CHARLES b. Dickman, who have been on
rial since Tuesday morning last upon
charge of having been concerned in an
alleged flibustering expedition which left
the United States for Cuba on the steam
shin Laurada in May of this year.
Previous to the arrival of Judge Brown
and the opening of court Col. Nunez and
Cant. Dickman were surrounded by a
tbrong of yoluable and gesticulating Gu
bans in the corridor, and there were
groups of Spaniards, here and there, en-
gagged in earnest conversation.
Gen. Tracy began his address to the
Jury at 1910 o'clock, saying: This is an
important case from whatever standpoint
YOU may view it. 1t Involves" he con-
tinued, tissues that may hereafter arise
between the government of the United
States and the government of Spain. This
case is alleged to involve a violation of
a statute of the United States. This gov
ernment owes certain duties to other ma
tons. In case of revolution of a colony
against the mother country international
law says that no other nation shall aid
the colony unless that nation is prepared
for war. During this two years war in
Cuba this government has maintained alb
sclute neutrality. 1t has not attempted
however, to control the sympathies of our
PEOPLE for Cuba AS American citizens
We must and we will give the right hand
OF sympathy to those Cubans who are
striving to obtain their freedom and to
have privileges which we enjoy. Let the
national government do it's duty, but ws
Shall continue to extend our sympathies
to the Cubans, and we will not Judge
harshly any Cuban who seeks in this
country to aid mis- brethren in their ma
tive isle"
Gen. Tracy declared that there is no
limit to the aid that the people of this
country may extend to the Cubans ex-
eept such as is absolutely forbidden by
the statutes. American citizens" he
said, ARE forbidden to organize any mil
itary expedition within the limits of the
NAAAISN CAeAtCS ~ oilu CQDd. IL the OTRdn-
zation be formed out at sea, outside the
waters of the United States, then it is
not within the command of the statutes.
ANY merchant may sell arms to either of
the Dellgerents and not violate the law.
IN all cases of war commerce is open.
military expedition requires arms
and ammunition and men and organiza-
tion, an agreement that they will stand
q together, and it requires a recognized
81 commander wbAr1 al oh
IS gwen Now, who pretends to tell you
a ehat there was any organization of the
men IN this alleged expedition There
was no enlistment. There is no
evidence that there was any agree
\ meht BY any of the men that they would
IsHl IN CUBA. There is no proof that
Il there was anything of the kind in this
country Witness Quinn told you he was
solhg 10 Cuba to join the army after he
sot there. He not only had not enlisted,
oul II Is evident that he had no inten-
uoh ot enlisting. He did not want to en-
Ast Wnen he got to Cuba He never serv-
Gu an hour in the Cuban army. He SIM
ply accompanied the expedition as a SPY
anu ne carried out his contract Quinn
% Soip you he intended to join the army in
CuDa, but he lied. He told Won that he
oHered himself to Gen. Ruiz TO 90 to CI,ba
ne got letter of Introduction from Gu
pdns' whom he had sought out in Bos-
t IN Ihen when he got to Cuba and met
sie president of the Cubans there he got
t Tis passport through the Spanish lines
n tney Knew his errand They assisted
,nti mn ana when he got back to this coun-
tt ~ nc lold mis- story and has been aiding
NG prosecution ever since.
Now the first essential of SHINING
arms to bellgerent is secrecy No man
"ouia be fool enough to run the risk of
4 ~ OF the arms in transit by failure
~ ahroud his operations in the utmost
as' e'eIy' therefore, when the shipment
" arms on the Laurada was made. is It
n 80 pg wondered al that the enterprise was
81 snuucted secretly? To have put those
81 Gaas Goa-s on the Laurada here would have
& l aeoa 70 advertise to the horde of Spanish
81 Seou'S IN TINS city what was going on. If
ta ae owner of the ship, Hart, told the can
o@ en now the arms were to be taken on
ina Iohtauk point, the captain did Moth
~ III VOCATION of our law in getting the
""grma a.sI, ton and receiving the arms.
MI 1He lact that the arms and the men
cor.s, r.e on board at the same time did not
bo,n.. ute military expedition, the arms
ne,4s III boxes and packages. There was
gr ap's moment of time when there was
q 'IIHihs OF an unlawful character in the
a h,al.e aHair until those boxes were
N NtioNen open and the arms and ammuni-
IA c,ti were issued to the men, The prose-
ow. on are bound to show you what the
csite eI OF the ship communicated to the
q #top'alh' h and submit there is no evidence
Fl snow that the captain had any knowl-
#nr3g 5g OF the character of the expedition
r'" Sret ne reached Montauk point If he
as. car gained his knowledge there, then he
'anhot be held.
because" continued the general. "he
bs men not within the Jurisdiction Of
"e United States"
M, 20 Nunez the counsel stated that the
.rny evidence against him Is that he is a
soa and speaks Spanish 1t had not
,ra u proven that he had purchased the
#hs nor organized the expedition. Neith-
"au u Il been proven that he was in charge
setling the men on the lighters. Cen.
10y contended that it was proven that
F. rnleoody else did all that
. ~ounsel referred to the testimony OF
II NJ 91aHor to the effect that Nunez. when
laurada returned to Jacksonville, or
~ Vu me captain to get away to Charles
eer "S soon as he could, and said this had
r. uenled by witness for the defense, a
az a.. OF high standing.
knowledge that an unlawful enter
ot 'e IS going on" Gen. Tracy said, lis
NJ enough to convict a man. He must
only know, but he must do He must
or assist ia doing the criminal act