The daily morning journal and courier., 1896-11-21
IN THEIR PEERS HANDS
FAMOUS USTERTNG CISE GOES. TO THE JURY.


 man Soon to be Deoided-Judge Browns
 Charge to the Jury-It Clearly Defined
 the Meaning of a Military Expedition
 Jurors Out at Late Hour.
 New York, Nov. 20.--Tn the trial of Colonel Nunez, the alleged filibuster, to-day, MT. Macfarlane, referring to the testimony of Witness Barrs, the only one called by the defence, said that he corroborated the governments witness regarding Nunez's coversation with Captain Dickman when the Lau- rada was off Jacksonville upon her return. The district attorney insisted it had been conelusively shown that Colonel Nunez did tell the captain get away as quick as you can or a cutter will be after you.''
 Captain Dickman's knowledge of the real purpose of the expedition, MT. Macfarlane said was first shown by his taking on board the surf boats, coming to this port and then instead of steaming south to go to Port An. tonio, turning along the shore of Long
  sequent acts simply strengthened the proof of his guilty knowledge.i In con clusion the district attorney said any country having regard for it's honor among men must enforce the interna- tional laws recognized by the nations. The continued fragrant violation of law by those who were seeking to aid Cuba was dangerous and should not go un- punished.
 In charging the jury Judge Brown said that the case was of more than usual importance as it affected not only the defendants, but involved indi- rectly international relations The laws affecting the case had been made to avoid serious complications. Section 5,2S6, under which the present indict- ment was framed, dealt with military expeditions. By our legislation it was claimed that individuals might lawfully go abroad and enlist, if they did so voluntarily; so it was competent for men to go in company with one an- other so long as they did not constitute a military enterprise. The first con- sideration was whether this was a mili- tary enterprise. He explained what constituted a military enterprise and said:
 Under the rulings of the supreme court, the court must instruct you that if you find that this body of men landed with arms in their hands and were then organized to stand together that would be military descent upon Cuba and the organization to effect that would be military enterprise Then the question remains whether that was military expedition when it 1 left New York and whether these de- fendants provided the means for it. If this organization was taken to Cuba and the boxes were not opened that would not be a military enterprise. Was this military expedition within i the knowledge of the captain when it left New York? If not, he is not liable. But if person collects arms and men with the design of later bringing them together l must say that would fall within the statute.
 If it was not the intent to make an armed descent upon Cuba. then there is | no case. If a military descent was in | tended when the men and arms were | collected, then military enterprise was formed. If you are not satisfied that the captain knew of a military ex- petition here in New York, then you must acquit him. No influence unfa- vorable to the defendants must be drawn from the secrecy they observed 1 Taking on board of the surf boats is not necessarily An indication of guilt on the part of the captain. and the same is to be said regarding his going 1 to Montauk Point. You must be satis- | fled beyond reasonable doubt that the 1 captain understood before he left New York that there was to be an unlawful l expedition in order to convict him.
 There is no evidence to show that Nunez had any share in collecting the men, hiring the tugs or vessels, 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 a pas senger on the Laurada and simply ad- vanced the captain S100 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 Nu- neg were done, as the prosecution says they were, you may draw the infer 1 ence that he was the manager of the whole affair"
 | In concluding, Judge Brown charged l that if the jury found that all the cir cumstances were as compatible with the theory of innocence as with a the ory of guilt, they should give the de- fendants the benefit of the doubt.
 The jury retired at 3:20.
 As the jury had not reached yer I dict at 10 D. m., Judge Brown ordered i that they continue their deliberations i and in case they reached an agree ment hand in sealed verdict at half past ten o'clock in the morning. The i jury early in the evening sent mes sage to Judge Brown stating that they ! could not agree upon a verdict as to 1 either of the defendants. Colonel 1 Nunez and Captain Dickman were al- lowed their liberty tonight under the i existing bail and in custody of their i counsel.