The times. [volume] (Richmond, Va.) 1890-1903, 1896-11-21
A MILITARY EXPEDITION
cEy. TR4CY,S DEFINITION OF no
L4TfOy or NEUTRdLiTY LAWS.
r., the Case OF Nunez and Dickman He
Says the Government Has Failed
to Establish Its Contention.

the defence In the case of Colonel Emilio
Nunez and Captain Charles Il. Dick
man. who have been on trial since Aoes-
dav morning last upon a charge of hav-
ing been concerned In an alleged hhbuS-
tering expedition, which left the United
states for Cuba on the steamship Lau-
rada IN May, of this year.
Previous to the arrival Of Judge Brown
and the opening Of court Ooionel NuS"1
and Captain Dickman were suirouhded
lv a throng Of voluble and gesucuia'ns
Cubans I'm the corridor. and there "ero
groups OF Spaniards, here and there en-
gagged I'm earnest conversation
GENERAL TRACY'S SPEECH
General Tracy began his address to
the Jury at 1910 o'clock, saylhs'
This is an important case from VIZ
ever standpoint YOU may We" ~.
Wolves he continued. Issues that may
hereafter arise between the Government
of me United States and the Govern
mont az Spain. This case Is alleged 40
involve d violation Of statute OF inc
United states. This Government owes
certain duties to other nations. IN cdso
ot revolution OF colony against 'il1
mother country international law says
that no other nation shall ana inc
colony unless that nation is prepared
tor war. During this two years VIZ. III
Cuba the Government maintained "DSo
lutte neutrality. II has not attemplt"'
however to control the sympathies or our
neonle FOR cuba. As American citizens
we must and we will give the right mana
OF sympathy to those Cubans who are
striving 10 Obtain their freedor- ana 10
have tho privileges which We ENJOY. l.'t
the National Government do IT'S duly'
but We shall continue TO extend "uh
svmpathies TO the Cubans. and we WIN
not Judge hlrshly any Cuban VINO seeks
in this country to aid his brethren IN
their native ISLE
General Tracey declared that there 10
no limit to the aid that the people Or
this country may extend 20 the Cubans
except such rs is absolutely forbidden
law fhe statutes American citizens,
Io said. are forbidden 10 organize any
military expedition within tho limits Of
the United States to aid Cuba. IL the
organization be formed out at sea, out
eide the waters Of the United States then
it is not within the command or the sta
tutes. Any merchant may sell arms 10
either Of the bclligerents and not violate
law. In all eases Of war commerce IS
open.
A MILITARY EXPEDITION.
"a military expedition requires arms
and ammunition. and men and organiza-
ton. an agreement that they will stand
together and il requires recognized com-
mander, to whom absolute obedience is
given
Now who pretends to tell you that
there was any organization Of the men
j. this alleged expedition There Wa
no enlistment. There is no evidence that
there was any agreement hy any of those
men that they would fight In Cuba There
is no proof that there was anything OF
the kind in this country. Witness Quinn
told YOU he was going to join the army
after he got there lie not only was not
enlisted. but il is evident that he had
no intention Of enlisting. He did not
want TO enlist when he got 10 Cuba. He
never served an hour in the Cuban army
He simply accompanied the expedition as
"A Spy and he carried out his contract
Quinn told you he intended TO join the
army IN Cuba. but he lied.
"Iie told You that he offered himself
10 General Ruiz 10 90 TO Cuba. He got
a letter OF Introduction from Cubans whom
he had sought ont I'm Boston. Then when
be got to Cuba and met the president OF
the Cubans there. he got his passport
through the Spanish lines. They knew
his errand They assisted him. and when
he got back TO this country he told his
story. and has been aiding the prosecu-
tion ever since.
THE FIRST ESSENTIAL.
"Now. the first essential of shipping
arms 10 a belligerent is secrecy No man
would be fool enough " run the risk
of the seizure OF the arms I'm transit by
failure TO shroud his operations I'm the
utmost mystery Therefore. when the
shipment Of arms on the Laurada WIS
made. is II 10 be wondered 40 that the
enterprise was conducted secretly To
have put those arms on the Laurada
here would have been 10 advertise 70
the horde Of Spanish agents in this city
what was going on. If the owner Of the
ship. Hart. told the captain how the
arms were TO be taken on Off Montauk
Point the captain did nothing i'm viola
ton Of our law in getting the informa-
ton ana receiving the arms. The fact
that the arms and men came ON board
at the same time dit not constitute
military expedition. the arms being in
boxes and packages. There was never
n moment Of time when there was any
thing OF an unlawful character 100 the
whole affair until those boxes were broken
onon and the arms and ammunition were
issued TO the men. The prosecution are
bound 10 show YOU what thc owner OF
the ship communicated TO the captain.
and | submit there Is no evidence 10
show that the captain had any knowledge
Of the character Of the expedition uniil
he reached Montauk Point II he FIRST
gained bis knowledge there. then he cam
not he held. Because continued ine
General che was thon ROT within the
Jurisdiction Of the United states.
As 10 Neuncz. the counsel stated that
the only evidence against him IS ln"l h.
IS a Cuban and speaks Spanish. IL hto
not been proven that ne purchased me
arms nor organized the expedition. Mel
ther had IL been proved that he was m
charge OF gctting the men on inc
lighters"
General Tracy contended that IL was
proven that somebody else did oll that.
Counsel referred 20 tho testimony OF
the sailor 10 the effect that Nuncz. when
the I.aurada returned 10 Jacksonville.
ordered the captain 20 get away TO
Charleston as soon as he could. and
said that this had been denied Icy Wit
ness for the defence. man Of high
standing.
"<nowlodce that m unlawful enterprise
is going on" said General Trace. us
, not enough TO convict q man. he must
not only know. but he must do. lie
must aid or assist In doing the criminal
act. and that must be proved
"Thc Government performs its duty IN
preventing the departure Of unlawful
expeditions. All talk OF international
responsibility has nothing 10 do with this
case