The Portland daily press., 1896-11-21
THE JURY CAN'TlAGREE.
Judges Charge in the Laurada Filibuster-
ing Case.

ments in the Cuban tilibusterers' tria
were finished today. In charging th
jury Judge Brown said the case was O
more than usual Importance, as ],
affected not only the defendants but in
volved indirectly international. relations
By our legislation it was claimed In
dividuals might lawfully go abroad ant
enlist, If they did SO voluntarily. 1t wal
competent for men to go in COMPANY
wi th one another SO loag as they did no
constitute military enterprise.
The first consideration was whether
this WAS military enterprise. He ex
planned what constituted military en-
tsrprise, and said: Under the ruling.
OF the Supreme court must instruct yor
If you find that this body of men landed
with arms in their hands and were ther
organized to stand together, that would
be military descent upon Cuba and an
organization to effect that would be 8
military enterprise.
Then the question remains whether
that was a military expedition when it
left New York, AID whether these de-
PENDANTS provided the means for it. Ii
this organization was taken to Cuba and
the boxes were not opened that would
not he military enterprise.
Was this military expedition within
the knowledge of the captain when it left
New York? If not be is not liable. If a
person collects arms and men with
must say that would fall within the
statute. If it was not the intent to make
naval descent upon Cuba, then there is
no onse. II military descent was in
tended when men and arms were col
lected. then a military enterprise was
formed.
If you are not satisfied that the
captain knew of military expedition
here 10 New York, YOU must acquit him.
PENDANTS must be drawn from the secrecy
they observed. The taking on board Of
suIf boats is not necessarily an indica-
tion Of guilt on the part of the captain.
The same Is to be said regarding his 60
ing to Montauk Point.
You must be satisfied beyond reason
able dou bt that the captain understood
before he left New York, that there was
to be an unlawful expedition, in order to
show that Nunez had any share in col
lecting the men, hiring tugs or vessels,
or that he had done anything to promote
the expedition until arrival at Montauk
Point. l do not recall any evidence in
this case that Nunez did anything to-
ward sitting on.foot the expedition with
in this district.
II he did not. you must acquit him.
If Nunez was passenger on the Laurnda
and simply advanced the captain 500 to
pay his men, he is not liable in this
district and the same may be said in re-
gard to his appearance at Jacksonville.
Yet If the acts at these places alleged
against Nunez, were done, as the prosecu-
tion says they were, you may draw the in
ference that he was the manager of the
whole affair. -
In concluding, Judge Brown charged
that il the jury found all the circum-
stances of the case were as compatible
with the theory of innocence as with a
theory OF guilt they should give the de-
fendant the benefit of the iou bit.
The jury retired at 3,20.
AS the jury had not reached verdict
ut ten tonight, Judge Brown ordered
tn they continue the deliberations
and in case they reached an aere ement
to hand in a sealed verdict at half-past
ter tomorrow. The jury early In the eve-
ming cent message to Judge Brown
STATING that they could not agree upon a
verdict as to either of the defendants. Col.
Nupez and Capt. DiokmaL were allowed
liberty tonight under the existing bail
in custody of their counsel.