The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-11-21
" With this Gen. Tracy concluded

case. With this Gen. Tracy concluded
his address
United States District Attorney Mac
Farlane began summing up for the prose-
cution. 1.-The whole question. " he said
hinges on what was the intention Of
the men when they left this district
II the jury was convinced from what
happened after they left the district what
the intention of the men was before they
left the district then they should convict"
Mr.. MacFarlane then reviewed the al
Ieged proceedings in connection with the
Laurada expedition upon which the
charges against the defendants are based
and insisted that when the men left the
district they intended to do lust what
they did sc. The attorney said any coun-
try having any regard for its honor among
men must enforce the international laws
recognized by the nations. The continued
hagrant violation of the laws by those
who are seeking to aid Cuba, was dan
gerous, he urged, and should not go un-
punished.
Both in opening and closing his address.
Mr. MacFarlane took occasion to criti
clze Cen Tracys address. He character
lzeu the generals remarks about the gov
ernment's witnesses as scandalous and
SAID that Gen. Tracy evidently was ie
norant OF the most recent supreme court
decision in filibutering case
IN charging the jury, Judge Brown said
thdt the case was of more than usual i'm
portance, as it affected not only the de-
PENDANTS, but involved, indirectly. inter
national relations. The laws affecting the
case had been made to avoid serious com
plications.
lie explained what constituted military
enterprise and said: Under the rulings
Of the supreme court, must instruct YOU
that II you find that this body of men
landed with arms in their hands. and were
then tn zfaa
would be military descent upon Cuba,
and the organization to effect that would
De military enterprise. Then the ques-
tlon remains whether that was a military
expedition when it left New
york. and whether these defend
ants provided the means for it.
Was this military expedition within the
knowledge of the captain when it left
New York? If not, he is not liable. But
II person collects arms and men with
the design of later bringing them to-
gether, must say to you that that would
IAN within the statute If military de-
scent was intended when the men and
arms were collected then a military enter
prise was formed. No inference unfayor-
able to the defendants must be drawn
from the secrecy they observed. The TAX
ing 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 to Montauk
Point. You must be satisfied in your own
mind, beyond a reasonable doubt, that
the captain understood before he left New
York that there was to be an unlawful
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. 1
do not recall any evidence in this case
that Nunez did anything toward setting
on foot the expedition within the dis
trict. If he did not you must acquit
him. If Nunez was a passenger on the
Laurada and simply advanced the cap
tain 500 to pay his men, he is not liable
in this district. and the same may be
said in regard to his appearance at jack
sonville. Yet. if the acts at those places
alleged against Nunez were done as the
prosecution says they were. you may draw
the inference that he was the manager of
the whole affair"
In concluding. Judge Brown charged that
if the jury found all the circumstances
of the case were as compatible with the
theory of innocence as with a theory of
guilt, they should give the defendants the
benefit of the doubt.
The jury retired at 1920 o'clock AS the
jury had not reached a verdict at 10
o'clock tonight, Judge Brown ordered
that they continue their deliberations, and
that in case they reached an agreement
to hand In a sealed verdict at 10SO o'clock
tomorrow morning.
The jury, early in the evening, sent a
message to Judge Brown stating that they
could not agree upon a verdict as to either
of the defendants.
Col. Nunez and Capt. Dickman were
allowed their liberty tonight under the
existing bail and in custody of their
counsel.