Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-02-28
r17r RICHMOND DIsPArCH-FRIDAY. FEBRUARY g. 1896.

the men and arms we're taken aooaru
the Horsa at sea, and possibly peyonu
the three-mlle limit. This question was
not decided.
Captain Ker then began his ADDRESS 10
the jury on behalf OF the defendants
SOUTHERN CoNFEDERACY.
Captain Ker, after briefly reviewing the
case. referred to the action OF Spain IN
recognizing the Southern Confederacy,
but District-Attorney Ingham interposed
an objection. on the ground OF irrele-
vancy, and Judge Butler sustained the
objection.
a mild controversy followed between
the Judge and the defendants senior
counsel on this point, but nothing mate
rial developed.
Captain Ker declared with some empha-
sis that should the defendants be con-
victed the Kingdom OF Spain would de-
mand indemnity from this government.
The attorney continued his address
with considerable elOquence, and eXone-
rated Captain Wiborg and his mates from
any completely. the instigators Of the en-
terprise being J. ID. Hart * Co, by whom
the men were employed. The speaker
said the authors OF the enterprise were
ready to be taken" for what they had
done, and he pleaded for the acquittal Of
the defendants who simply did what
they were told to do"
In conclusion the speaker made the de-
claration that Cuba would be free on the
4th OF July next and he appealed TO the
Jurors 10 not make martyrs OK the ac-
cused.
The District Attorney again interrupt
ed Captain Ker shortly before he ended,
when the latter made n second reference
10 patriotism" and the Court again up
Held the objection.
Distrct-Attorney Ingham made the
closing speech to the jury. When he had
concluded a recess was taken az i 20
until . =. NJ. At that hour Judge Butler
began the delivery OF his charge TO the
jury. The Judge had reduced the charge
to writing, and he read it with delibera-
ton. Upon the conclusion Of his charge
the jury, at 23J o'clock. retired.
JUDGES CHARGE.
Judge Butler said that there were two
points for the jury TO consider First
was the expedition organized here; and
second. did the defendants render II as
slstance with knowledge OF the fact?
Then, referring to what constitutes a
military expedition" within the mean
ing Of the statute, Judge Butler held that
any combination Of men organized here
10 go TO Cuba 10 make war, and provided
with arms, constitutes such an enter
prise. 10 is not necessary, the Judge con-
tlnued, for the men 10 have been drilled
or put in uniform, or 20 have been organ
lied according TO rules governing caval-
~, artillery, or infantry. IL Is not lm-
portant the Judge further said, whether
such a body intends 10 make war rs an
Independent organization or in connection
with some other body.
Judge Butler was OF the opinion how
hat Vsh ID
enlist as individuals in a foreign army,
they do not constitute military eNpeii-
tion, and the vessel carrying them can
take arms as merchandise.
The Judge then ruled upon the thirteen
points presented by counsel for the de-
ferdants. probably the most Important
ruling being an affirmation Of the con-
tertion that If the aid furnished by the
defendants was given beyond the Juris-
dIction Of the United States beyond the
three-mile limit at seal, verdict OF
acquttal must be rendered. III the de-
PENDANTS started from Philadelphia, ignO-
rant Of what they We're going to under
take (and provided the alleged offence
was committed on the high seas. they
cannot be convicted. II they had know
ledge Of the expedition, they were guilty
Judge Butler significantly said that It
would seem 10 the Court 10 be free from
reasonable doubt that the Horsas pas
sengers constituted a military eXpcdi-
ton" This assertion was qualified. how
ever. by a declaration that the RESPONSE
blity of determining whether or not the
enterprise in question was such an eX-
petition rested entirely with the Jury
The judge questioned the probability Of
the defendants risking themselves and
the steamer by transporting an eXpedi-
ton. if al arrangements had not been
made before the Horsa left Philadelphia.
In conclusion. the Court directed that
10 convict the accused. the jury must
consider the evidence against them as
being entirely clear. and instructed them
not TO be Influenced by sympathy or pre-
tudice. I'VE have nothing TO do with the
Instruction" Judge Butler said "and all
you have to determine is whether the
statute has been violated"
The jury had not reached a verdict.
when at o'clock the court adjourned
until tomorrow Prior to adjournment
the jury came in and asked the Court
whether all three OF the accused men
could be considered as officers Of the
Horsa, The Judge answered in the aflr-
native.
PEARL BRYAN MURDER CASE.