New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-05-18

III
has has been prepared by W: ha"e'' rh'..'ps y.
bis c''S' neutrality laws. and maintains that
sfences ~ the Horsa was not properly convicted
he MAE ~ statute which prohibits the preparation
r''a ,,.rv expedition in this country against inc
"a NM" foreign State with which the United
s'r'O', =, neace The brief says In part;
'D'' ,.,aonts ] II. 5. Wiborg, Jens P Petersen
:; Hans instinct Court Of the United States
bs;ea III Eastern District OF REINSURANCE uiiues
y tne 59SS Of the Revised Statutes "hich IS as
tows: ,,rson who. within the territory or juris-
every Tinted States begins or sets on foot
zion OF tle r nrcnares the means for any military
sFo.io. Of enterprise to be carried on from
gee aga nns or state, or of any colony, district or
fn WITH whom the United states are "a, peace
deemed gully cs OF hi s. COZ snd imppsoned
more tnnm charges that the defendants mar
The inae I'm district aforesaid and within the
.sl a. NJ this court did, within the territory
rIsMlr.Sicton the United States to wit at me
Ind JUL pb0adelphia, Penn, within the district
rr. o. begin, set on foot and provide and pre-;
se means for certain military expegiion ana ana
snprv and dominions OF forelgn prince 20 WI,
iv., the island OF Cuba me sad lssnd OF SuoS
beng lin Of Spain, the said United states peng
M there at form mac Of W the ae c Of Congress- IN
eon's .,.s made and provided and against the peace
The tiai wa sas.9ged not guilty There was con-
S;aos BY the jury motion IN arrest OF 'uGs
ment ~aS ,rsdct,on 10 pass sentence. This was
w:ns 0at as was also motion for q new trial
and ne sr MS in the state penitentiary writ Of
srof was sued ONT and the defendants admitted 10
STATEMENT OF THE FACTS.
w.. material facts of the case are found within
III compass The defendant. Wiborg. a Danish
Of InrG I)ani Sb
~ ~ which the otner defendants. Petersen and
S"S.n.sn also Danes were mates. On November
,os ,hs Horsa under charter TO a Philadelphia
.-n departed from that port for Port Antonio.
I.maca. the master under orders from her char
Jaw 10 proceed north. near BarneSat, and await
M s,S,r directions. This ne proceeded to do, and
nv Mu stopped off Barnegat Light at point some
a,.,ns, outside of the three-mile limit and beyond
~ territorial jurisdiction of the United states
While there tug brought out 10 the vessel thirty
W." o,ssengers and quantity of cases of freight
nn 49,. rsoryIhree boxes At the same time the mas
~ received orders from the charerers 10 take the
,oUhoas ana to let the men of together with the
trerht wherever he should be requested
re men were at the time unarmed, without
.upments or apparent organization military or
o,bsrwise The vessel after taking the men ana
freight on board proceeded on her course 10 FOR,
inerio On her way down some OF the men opened
number OF boxes and produced from them rines.
other arms and ammunition, including a small neld
ca he Messengers disembasked from the steamer.
carrying with them in rowboats the boxes WhicH
had oesn ladened on the ship near barheSa.' 70,
esthsr with such arms and ammunition as they hau
1npacked -, 49,, ,,o,, ,v,s %
min me Cuban army in the war OF liberty now
hing yaged against Spain and that the munitions
we're destined FOR the same cause, the question LOT
denomination is whether the offence stated IN tAe
ind.iment was established. Did the defendants;
within the territory and jurisdiction OF the ohiteu
States begin set on foot and provide and prepare
M means for military expedition ana enterprise
10 he carried from thence against the doInihlo"'
o. a foreign prince? 49,. =, . oas. Of ca
mucs Importance the district judge who presided al
The usl should have exhibited thdt nHPai
nv Characteristic of the administration OF justice
IN N, Federal tribunals. The address or tne Juuse
vas an wdlseuised attempt only 700 iity nv
reuspce The Jury 10 find the Defendants GUM ~
n.y.,r.,;od ordinations and by expressions unsup-
ported by evidence
ALLEGED ERRORS IN THE JUDGES OhAi''A'
Ills conceded that expressions Of a defenoah' may
admissible as part OF the res gestae ou' 'he !"0'
hat the defendants did not give any proof mat 'he!
Id express surprise. and that the absence Oh such
roof Is TO be considered to their prejudice Is GER
a,nlv not within this rule That this statement OF
ne Judge tended TO influence the minds of the jurors
70 the prejudice OF the plaintiffs in error, seems De-
yond question He says: men me mn cai'iT ~
he ship off of Barnegat there Is no evidence tla5
The captain or any one OF the defendants expressed
OF exhibited surprise" The Judge concludes his ad-
dress by general observations on the duty OF
proper enforcement of law. closing with these words
I'VE are suffering to-day probably no other people
suffers from lawlessness. from mobs lynch law.
murder violation of trust the result OF want OF
!aithfulness In executing the law"
To reinforce the suggestion that the jury should
find the defendants guilty Of a violation of law, the
Judge Informed them THAT this was military ex-
petition designed 10 make war against the Govern
ment Of Spain would seem 10 the Court TO be free
from reasonable doubt" 1t Is true he proceeded 10
add that the question was one for the jury. This
after he had in previous portion OF his charge
stated that 1.-The were principally Cubans. They
came board the vessel In a body and appeared 70
sanding OF some sort They were armed. having
nies and cannon. and were provided with ammuni-
After this decision on the most important contro-
yerted question OF facts in the case We do not see
mat the jury had any function eit eHGePt 10 reg bc
Judge. Moreover. the comments OF the Judge on the
m'erences to be drawn from the evidence were an
charge, so contrary 10 he judicial function. so
Judge and jury in tseif AFFORDS sufficient
Why the Judgment should be reversed There was
not a fair trial
After reviewing the presidents and decisions IN
analogous cases since the beginning OF the Govern
mea. the brief concludes:
Is for this Court 10 determine whether the facts
2, circumstances shown by the record in The case
~ r oai establish military expedition within me
meaning meaning Of the law We think the Court will be
w aSae 70 distinguish the from those 10 when
Ss nase adverted. In order 10 bring II within the
lien 'on OF military expedition and SO estaD-
Ma crime committed by the defendants. the Court
imported BY evidence
CONTROLLING FACTS NOT DISPUTED.
"a OHlosnng facts not disputed The Cubans
r,,,, Humoef Of boxes. some of them containing
a, .,a OF VAR, were taken on board the Horsa
r,,.. "sn sea and transported to the point from
,h.. '"ey were disembarked 1t may be admitted
,,., n destination was the Cuban Army, and
'e intention Of the men was to join the Cuban
b., ana assist In the liberation of their country
ton =, TACT repes the idea Of military expedi-
@n Of Spain vi iroih hence ae"''''' '''' "'"''''
the Hoprsae OF the number OF the passengers on
fensjvs neither sufficient for offensive nor de-
ary rs.pslauons, and the entire absence OF mill
that nc .a.Aaon In this country show conclusively
hence =, military expedition" started from
upon The me TACT which seemed TO impress Itself
Support I'D, mihd OF the Judge below. evidence TO
ton hs. as conclusion that there an organiza-
men s esre Of military expedition" is that the
TIE ama he on board OF the Horsa in body at
ntainsd 'ne accompanied by boxes. some of which