The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-07-02
cuBAN TRIP OF THE BERMUDA.
No Witnesses Examined for the De-
Tense aud summing TIP Begins.

No Witnesses Examined for the De-
Tense and summing Up Begins.
New York. July 1.-At the opening 81
the criminal part Of the United states
circuit court this morning. Lawyer Lewis
Of the counsel for the defense Of John D.
Hart. Capt. John O'Brien. Mate Edward
Murphy and Col. Emilio Nunez. who are
accused OF having aided and allotted a mill
itary expedition 70 Cuba on the steamship
Bermuda. announced 10 Judge Brown that
no witnesses would be examined for the
defense and then began a summing up
Mr. Lewis said there was no denial that
arms and ammunition were shipped on the
Bermuda, nor that men were taken on
board. but the fact that 10 was done did
not. be- asserted. constitute a crime under
the statute upon which the Indictment was
based. The crime charged against the
defendants was aiding a military eNpedi-
ton and the sole duty OF the jury
was % determine without doubt whether
or not the ammunition or men were so
taken from this country as 10 constitute
military expedition.
Counsellor Horatio Rubens followed in
an argument for the defense.
Then the district attorney closed the
case for the government.
Judge Brown began his charge 20 the
jury az 2.1D o'clock He called attention
10 the Importance OF the case as invOlv-
ing our relations with foreign powers.
The act under which the Indictment was
brought. he said, made II criminal for any
one TO perform acts which might embroll
this country with other governments.
There IS no law TO prevent anyone from
leaving this country, he said, TO go ana
fight Ia a foreign war, so long as the man
or body OF men did not form part Of or
constitute a military expedition. NO one
under the law could provide the means
for or set on foot any military expedition
from this country against a nation with
which the United States IS at peace.
The essence and substance Of the whole
matter was whether there had been a mil
ltary expedition from this country through
the aid OF the defendants. Unless the
jury should find that military commits
sion had been formed in this country
then they must acquit the defendants. It
must be shown that the defendants had
knowledge Of the commission before the
Bermuda sailed.
Judge Brown cautioned the jury against
allowing their symDathies to sway their
judgment. for While IL was natural maybe.
that they should take the side OF the
weaker cause, their first duty was to their
country.
The jury retired at $3.50 o'clock this
afternoon. After celebrating for several
hours the jury handed a sealed envelope
containing the result OF their delibera-
tions 10 a deputy marshal. Judge Brown
having gone home The envelope VIII be
opened by Judge Brown tomorrow morn
ing.
It Is the general opinion OF those in
terested and who kept close watch until
the last minute that the jury has failed
10 agree.
During the interval Of waiting for the
Jury's verdict Emilio Nunez was arrested
on another charge Of having violated the
neutrality laws in connection with an al
/ legged cuban expedition on the stea mship
! Laurada. il was taken before Commits
| sloner Alexander. who fixed his ban at
I $3.50 pending his examination July 8. I'm
/ der the new charge Nunez is accused of
| having, with Capt. Charles b. Dickman,
taken an expedition from this port to Cuba
! on the Luarada on May s, last. Nunez
! furnished cash bail