Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-02-27
CASE OF THE H0RSA.
Trial Of Captain WibOrS and His Mates
for FilibuSterilS.
INTERESTING
G STORY.
1 by the CaptniD,

PHILADELPHIA, PA, February b.
The trial OF the late officers OF the
steamer Horsa--Captain j. II. Wioorg'
First-Mate JAMS p. Petersen, and Sc
cond-Mate ii. Johansen-cn the charge OF
engaging in a Cuban hlibusterinS eN-
pedition, which IS said TO have started
from Brooklyn. n. Y, in November last
was resumed in the United States Dis
trict Court to-day.
Several witnesses were examined, but
none of them could tell as interesting
story as did Captain Wiborg, who was
the last to take the stand. He testified
that before the steamer left Philadelphia,
on November 9th last. only the left side
OF the boat was painted. He was in
structed by the charterers Of the vessel
to proceed TO Barnegat after leaving
here, and when this place had been
reached he anchored about four miles
on-shore. A steam-lfghter then came
alongside, and a message was handed
to him from the lighter. signed by john
ID. Hart & Co., the charterers Of the
Horsa, instructing him Uhe witness) to
take aboard the party who were on the
lighter. together with their luggage.
He was further instructed to lower small
boats, and allow the passengers to dis
embark whenever they should ask him.
This request was made when the Horsa
was six miles of the coast OF Cuba,
and the men were lowered aft. They
were towed FOR about twenty minutes.
Captain Wiborg declared that his pas
sengers did not have the appearance
OF soldiers. ami that when NJ left
Philadelphia he old not know he was
10 take any one aboard. The witness
further stated that there were thirty
nine men IN the party; and the fact
that the passengers had guns did not
attract his attention particularly. He
also saw that the party had cannon,
but this weapon, being about the size
OF the two cannon belonging to the steam
er, he did not regard IL with suspi-
cion. The witness saw no ammunition.
He did not know what was in the boxes
belonging ~ tho passengers
Captain Wiborg said he realized that,
I'm test!fyng. his iifc would not b, wor.a
pinch Of snufc should he again appear
al Spanish port. Judge Butler. how
ever. decided this admission 10 be irreve-
lant 20 the case. In conclusion, the
witness stated that he did not know
where the party landed.
CROSS S-EXAsINATION
Dlstrict-Attorney Ingham conducted
rigid cross-examinatlon, during which
Captain Wlborn stated that he did not
regard as unusual the boarding OF the
party AT sea.
The witness admitted that ne supposed
his passengers were going to Cuba, In
aid OF the insurgents
The witness also admitted that the
lights OF the steamer were extinguished
when a strange sail was seen off the
coast OF Cuba, and that subsequently the
small boats were cut adrlft. The Cap
tain said he did not pay any member Of
his crew any extra compensation for
making the trip, nor did he receive any
thing extra himself.
This closed the testimony on both sides.
Counsellor Ker presented thirteen points
which he desired the Court 10 rule uDou
in It's charge TO the jury. and this led
Judge Butler 10 express himself regarding
the construction OF the statute under
which the accused were indicted. The
Judge declared that he would not rule
upon statutes that were unnecessary in
the trial Of the case. The only points at
issue. he declared, were: Was this mill
tary expedition; and. II so. did the de-
A'i4'hAAAN AlA il Iit Judge lTfllN Ha-
pressed his conviction that the combining
Of any men for the purpose Of enga ging
In war constitutes a military expedition
within The meaning OF the law, no
matter what name they may assume. In
making this ruling Judge Butler ad-
mitted that II disagreed with the charge
Of the Judge In a recent similar trial
at Charleston. $. c., when Captain
Hughes. Of the steamer Laurada, was
acquitted.
Judge Butler asked Counsellor Ker 70
state his view regarding the statute. and
what constitutes a military expedition
and Mr.. Ker will DO 50 tomorrow. As
Mr. Ker is a well-known authority on in
ternational law his construction OF the
statute viii be OF interest
Distriut-Attorney Ralston began the
opening address TO the jury, and at 3:ij,
before he had concluded. the court ad-
journed until tomorrow.