The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1896-02-28
THE HORSA'S OFFICERS
Argument In The Case Begun BY Defend
ants Counsel, Capt. Ker,ln Philadelphia.
WAS NOT A MILITARY EXPEDITION
The Judse Announces That HIS In.
depreciation Of - Military Expc.
aitioh Differs From Counscl's-
Captain Her Makes an Eloquent
Addrcss-JudSe'sC Charge.

philadelphia. Pa, Feb 27-when the
'rial OIL j. ri. Wiborg. jams u. Peterson
and II. johnson, late captain. first
mate ana Sccond mate respectively. OF
tre steamer tlorSa. who are charged
WIN engaging i'll IL Cuban tilibustering
expedition. was resumed i'll the United
States District Court to-day Assistant
District Attorney Ralston continued his
duaIeSS 10 The jury. Mr.. RalSton con-
tended that the thirty-nine men who
boarded the steamer al sea off Rarne-
Slt, y. j., constituted military eNpedi-
non. III the sense of the statute. lie
asked the Jurors not to be influenced by
pieas of the counsel for the defendants
Tor sympathy for the insurgents, but
Judge Butler interrupted him. and
stated that such IL plea would be ir-
reralcnt to the case and ii would not
be- permitted. Mr.. Ralston spoke brief
~. ana closed with the claim that the
defendants We're guilty OF having VIC
lated the statutes
Captain ker. senior counsel for the
defendants. then began his argument
before the court. on the thirteen points
presented by him yesterday, and upon
whieh he asked the Judge 10 pass in
charging the jury.
Captain ker based his argument
mainly upon the construction of the sta
tute as regards II military expedition
He declared that to constitute a mill
tary expedition there must be organiza-
tion-infantry. cavalry or artillery-and
that any other combination does not
form such an expedition. The speaker
quoted authority IN support of his ar
gument.
W hen Captain ker had concluded
Judge Butler announced that his uhe
Judge's) Interpretation of the statute
"hich he expressed yesterday, had not
undergone change. The Judges in
depreciation of a military expedition"
rs la conflict with the views OF Mr. ker.
ana Ills Honor ampfied his remark $
OF Yesterday by stating that he was
convinced that by the terms of the sta
tutc Congress meant to prohibit the
hitting out of any such expeditions. The
Judge further said that he would under
take. In his charge. 10 define the terms
of the act of Congress in question, and
that he would expect the jury TO accept
the courts Interpretations
~ brief argument followed between
the respective counsel and the court
over the jurisdiction OF the United States
i'll this case. having been proved that
the men and arms were taken aboard
the HorSa at sea, and possibly beyond
the three mile limit. This question was
not decided. Mr.. Ker then began his
address to the jury on behalf of the
defendants
Captain Ker. after briefly reviewing
the case. referred 10 the uctien Of Spa in
in recognizing the Southern Confedena-
cy, out District Attorney Ingraham in
terposed an object!On on the ground OF
irrelerancy and Judge Butler sustained
,he objection A mild controversy fol-
lowed. but nothing material developed
Captain ker declared with some en-
phasis that should the defendants be
convicted the Kingdom OF Spain weuld
demand indemnity from this Govern
ment The attorney continued his ad-
dress with considerable eloauence, and
eXonefated Captain Wiborg and his
mates from any completely. the instiga-
tors OF the enterprise being j. d. Hart
Co. by whom the men were employ
ed. 'Fne speaker said the "aunhors OF
the enterprise" were ready to be taken''
for what they had done, and he plead
ed for the acquttal OF the defendants
who simply did what they were told
to do
In conclusion. the speaker mada ,,o
declaration that Cuba would hc rrsa
on the 4th of July next, and he appealed
TO the jurors to not make MARTYRS of tbs
accused. ~
The District Attorney again irt terrun,-
cd Captain Ker shortly before he and-
ed. when the latter made a second refer
ence 10 patriotism" and the Court nm
District Attorney Insra har, r,,a .,
closing address to the jury.
When he had concluded O. recess
was taken at 1920 until . u. m httbat
h9ur Judge Butler began the deliynrv
ol MS charge to the jury. The iudsa
had reduced the charge to wri;lus opd
ne read 1t with dclibeTa.tion. ITnon tha
conclusion OF his charge the iurv NJ
80 O'Clock retired. "'
Judge Butler said that there rver. tu.o
points Tor the jury TO consider. E;rst
was the expedition organized hero nnG
second, did the defendants render II as-
SiStahce wath knowledge of the fact.
Then, referring TO what construct,
military expedition within the maanJ,a
W the statute Judge Butler held thai
any combination Of men organized here
10 20 TO cuba TO make war and provided
win arms. constitutes such an enter
PRISE. ~ Is not necessary. the Judge
continued, FOR the men 10 have been d,i II,
ed or put in uniform. or TO have bn.p
organized according to rules goy,cpinp
cavalry, artillery. or infantry II is n.ii
important. the Judge further saia
whether such Il body intend TO make
war as an independent organization ~
IN connection with some other BODY.
Judge Butler was OF opi.ion how
ever, that where men go in n body TO
enlist as individuals In foreign army.
they DO not constitute a military axpe-
dition and the vessel carrying them
can take aims a ) merchandise.
The Judge then ruled upon the eiph.