New-York tribune., 1896-11-21
THE NUNEZ JURY STILL OUT.
ORDERED TO RETURN A SEALED YER
DICT THIS MORNING
THE SESSION or JUDGE BROWNS COURT YEsTER-
DAY TAKEN Up WITH THE CLOSING AD-
DRESSES OF COUNSEL AND THE

! OF the United States Circuit Court which has
! been several days trying Colonel Emilio Nunez
ana captain Charles b. Dckman for alleged
, connection with the Laurada expedition to Cuba
/ IN May last. went out at 800 p. IN. yesterday.
At 10 p. m. they reported that they had not
agreed on "A verdict Judge Brown then ordered
them to return sealed verdict declaration
Of disagreement at the opening Of the Court at
| 1890 to-day.
The session Of the Court Yesterday taken
UP with the closing addresses of counsel and
Judge Browns charge to the jury. General
Benjamin +. Tracy who spoke for the defence.
after expressing his sympathy with the Cuban
cause. said In part
There IS limit the aid iha; the people OF this
country may extend TO the cubans except such ~
Is absolutely forbidden by the statutes. american
citizens forbidden 70 organize any military ex-
pcditicn within the limits Of the United States 10
aid cuba. ANYTHING else. so far as this statute or
this trial is concerned may hc done by citizens
! 10 aid cuba military enterprise implies an the
ganizaton must be Effected within the territory OF
the United states to come under The slatHt". ~
water Il the nitcd States. then il is not within
| the command Of the statute II oil the people IN
| cuba 10 fight there. that would not De q military
hacks the essential insrediers Of military orsani-
zaiion-commq1d obedience. discipline. This .N-
be offered all who desired TO go 10 Cuoa To
night. aud 'he statute would not be vioiaifd, f 80 80
YOU may ship Any merchant may sell arms
to either Of the belllgerents and not violate law
buy arms and ship them TO a cuban general and
you violate no law. military eAp'hi'ioh Icqu.l,"
| ton. an agreement that they will stand together
and it requires recognized commander 10 ""o'h
Tow who pre,ends to tell you that there
any organization o' the men In this alleged ,xpe
| dton? There was no enlistment Iherr Is no
evidence the! th,rr was any asreemrnt by rhr any
S 1o % pr"e that s sfc y wSa anns fh N Of S kind in
! this country. Was there any commando SHOWN Dy
Sad aS tysnSf cmis~G Ho ' s s di"ciy @ o% YOU
going to cuba TO join The army afteI he Eo 'n1re %
he had no intention OF cn!siins tie ana not intend
Eonr ,'io' in ,So cuban army lie simply accompanied
The expedition aS ~py and he c!rri"d oHt MS con,
I'm cuba bu ne li,d. He told YOU :, ot hr Offered
/ Himself to General RUIZ 10 go to g " iir go,
letter OF introduction from 'nbans hon h. ,a man
sought out in Boston rh.n when he got to ,ula a
and met the President OF iho nuans Wrir. %, t1t
rs crrand They assisted him ana when h." sot
back 10 this country h- told hs story and has been
aiding the prosecution ever since.
| me fact that the arms and tac men cam" on boAr1
/ T'l Ion fhe arms heiup in boxes AMI phck ts~-
There never mom"nt ~ ,iine wh.n im"'. i. so.
arlir un.iI ta1s. boxes werc broken open and -,
'h@ men haI been armed IN ,ne port o: New- iorh
/ snd The captain mad known tAi- incf" womb nav
possble military expedition Hu' there j. mo- ev'lenc"
10 snow that ;a. captain know hc vas - ual,ro,i
Point lie took on pro,is cn- for %" "Nifi mum
| her of IN
"mmunition Even II ne knew ne was % carr' ncn.
there j. evidence 2" show ma %" Nnr" .r ~ N.s NJ
10 carry ammunition before 90 W. Dro"g"' 10 '"m
Oh rSan, a. 10 Xnnez The only evidence hey have
agains rim substantially. Is mat ne T. cuban AMI
spea kH Spanish Da re- purrna-" fir arm y"
l @ ~ hS 5onn an ihr saer? 80 They prove nat
somebody Else Ia ili this Tn'y coih.'' nm W."
went down 90 he Iaur,da ~ Monralk Poln. ani
thcn reiurn,d whcn .ae s.I ,,,, .'sr ars sn one
- whom tod you yesterday mat p" ''' ''''
snap"
r-ni,ed state. Dl~trict-At'orney Macfarlane
for the prosecution. attacked General Tracv's
address "General Tracy" he said. has de-
voted considerable - his time I" calling us
liars and Spanish spies in the pay 81 come
hodv Xow five months ago couG have
lacked ibese witnesses IN Ludlow street jail
and I'M. Government would have To pay their
ho.rd and give them 81 day each while they
vec. SO confined Instead - thus locking them
up they hay~ been paid 81, a week to pay
their wav and wcr" not deprived "f their hn-
ortv for fly. months. These are the facts ana
the statements of the counsel for III" defence
are liD.llous."
Mr.. Macfarlane then turned his attention to
the ase The whole question. h" SAID vas th'
intention Of the men when they left TINS ms
,rjct ,u The circumstances Mr.. Macfarltnr
insisted pointed to the fact that the men wh'n
they left this district intended To 90 JuSl Nh''
they subsequently, fid 90. he u'Hl'i 'i'' 't"''
WAS spy describing him as a Nou'is MA" -
an adventurous and rowing disposition 49,
In his argument to connect 'oloncl Nuh'I
with the expedition the District Attorney urged
maj the Colonel had passed a one hundred dollar
bill 20 Captain Dckman on the l.huraua VIZ"
which To pay the sailors wh" struck ms h'':
Mr. N,cfarlane aid. concluSiNrly proved Colpn"i
Nunoz's active participation in the expedition
and the testimony concusively showed that the
act had been performed by NuneZ
Captain Dlckmans knowedge "f the real pnr-
nosc of the expedition. Mr. Macfarlane said. was
nrst shown by his taking on board the SURF
boats coming 20 this port. ana then. lnSt"au oi
s,eamine south To go to Port Antonio. for which
he had cleared the vessel. turning mp along the
shore of Long Island to Montauk Point
In charging the jury Judge Brown SAID that
Tho case was Of NOR, than usual importance. az
II affected not only the dcfendanis bul involved
affecting tho case had been made To avoid s"ri-
nus complications. Among other Things ne saih;
n YOU are not satisfied tho captain knew Of Il
military expedtion here In New YORK. men You
dnfcndants mus, be drawn from the secrtry they
observed PciakinE or | Io of ru ii on the par Of
III" cop,ain and the same H. 70 be Said icgarinG hs
ic ai', ,o WontauX Point. There might have been
p"'E p,iir ~ occ,,rr.n,cs In the case Of smuggling to
Cmha which Is not in violation OF our law " YOU yyo.
as ,ae done on board the ship, according to the t"s-
mony you would be authorized TO- ,oT,m foG ,ne Go' -
clusion that h" had been penlous'i '.o, ,,nd s m i
,rho, was TO tax" place YOU nl'st D' si,iSn'u W W
your own ln'mnS 'mmnScrsood before hc NewYork
,hnt there TO be an hhl""t"i 'NP'"'''" III
Th,rc is no evidence TO show tha' N,incz han any
10y, In ,oiI,oting the men hiring the tug or yes
i or that he had done anything 10 promot" ne
yneS W ion nniil the arrival a. Montank Point 90
'N ''u onv evidence In This case That NlneZ tld
aa"v,bina toward setting on foot the ehpehiaio,,,
;hi an; his district II he did not. you mis ncqnt
Win, r. ~uu,z was "A passenger on inc I'turaIt
nmd simply advanced the captain so 70 pay ms
'hu L. moi liable IN this district. and the same
.,,' & he sid In regard TO hii appearance AZ jack
may ~ Vo, II these acts at those places alleged
sonvlI.' >,,,cz we're done As the prosecution say
aganst vom may draw the Inference that he was
The manager Of the whole aHsr'
MORE POWER FROM NIAGARA.
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