The sun., 1896-02-28
HORSA TRIAL Nearly OYER.
Judge Buffers Den.ition OF What Consti
tutes mn Armed Expedition.


PHILADELPHIA. Feb. 27.-When the trial of
J. H. WiborR. Jane =. Peterson, and II. johann
sen. the late Captain. first ma,e and second
mate, respectively, OF the steamer Horsa. who
are charged with engaging in a Cuban flibus-
teriuE expedition, was resumed in the United
States District Court to-day. Assistant District
Attorney Ralston completed his address to the
jury. Capt. ker. the senior counsel FOR the de-
PENDANTS. then hegan an argument before the
Court on the thirteen points presented by him
Yesterday and upon which he asked the Judge
to pass in charging the jury. Capt. Ker based
his argument mainly upon the construction of
the statute US regards a military expedition"
He declared that to constitute II military expo
dition there must be an organi ation--i infantry,
cavalry. or artillery and that any other COM
bination does not form such an expedition. Tho
speaker quoted authorities in support Of his
argument.
When Capt. Ker had concluded. Judge Butler
announced that his own Interpretation Of the
statute was In conflict with the views Of Mr..
Ker. He was convinced that by the terms OF
the statute, Congress meant to prohibit the fit-
ting out Of any such expedition. The Judge
further said that he would undertake in his
charge to define the terms of the act of Congress
in question. and that he would expect the jury
to acc ept the COURTS Interpretation;
Judge Butler in his charge said that there
was he eI pedition organized here. and, second.
did the defendants render it assistance with
constitutes q military expedition within the
meaning OF the statute. Judge Butler hold that
Cuba to make war and provided with arms con.
stitutes such an enterprise II Is nov necessary.
Sr ne to Ssn
ganized according TO rules governing cavalry.
SISSsy r saay to no,
all independent organization or in connection
with some other body.
where men 60 in body TO enlist as individuals
In. foreign army they do not constitute q
them can lake arms MS rchandise.
The Judge then ruled upon the thirteen points
aby the most r, important m ' ruiin9 Beng fIE, an
affirmation OF the contention that II the aid
by the was given beyond
the three-mile limit at sea-, a verdict OF &C.
ouittal must be rendered.
ignorant OF what they were going to undertake
(and provided the alleged offence was committed
they had knowledge Of the expedition they are
guilty. Judge Butler Butt Significantly said that 1t
sonables doubt that the Horsa's passengers con- o
stituted military expedtion." This asser-
that the responsbi,y OF ds,erminins whs.her
s1peditien rested entirely With the 'J jury. ~
defendants risking themsrlves and The steamer
by transporting an expedition if all arrange.
ments had not been made before the Horsa left
Philadelphia.
In conclusion. tho Court directed that to con-
ytct the accused the jury must consider the owl
dence against them as being entirely clear. and
pathy or prejudice
We have nothing to do with the insurrec-
ton" Judge Butler said, and ali you have to
ds'ermine Is whether the statute has been vio-
lated"
The Jury had not reached a verdict when. at 4
O'clock. the court ad journed until to- morrow
Prior to adjournment the jury came In and
asked the Court whether all three OF the accused
men could be considered as officers OF the Horsa
The Judge answered in the affirmative.
Gregory Convicted OF Mansinughter In the
First Degree.
Tho jury in the trial OF Jesse NJ. Gregory be-
fore Recorder Goff In the General Sessions for
the murder OF his wife. Clara on April last, re-
turned a verdict last evening of mansaughter