The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1896-05-19
Supreme Court OF the United States Holds
An Extra Session To Hear Argument.
DECISION TO Be RENDERED MONDAY.
counsel Argued That Assuming the
Gnse To he As Stated such Did Not
Constitute Military Expedition
and the Men Had n Right To Join
the Cuban Army Irrhey wished

Washington, May lS.-,rhe Supreme
Court of the United States held an extra
session to-day for the purpose OF hear
ins argument in the matter of the Ho,sa
tuoah expedition. growing out of the
conviction of J. II. S WlburE. Peus. p.
peterson and Hans Iohansen citizens
ol Denmark, in the District Court of the
United States for the Eastern District
oi pennsylvania for violation of the
neutrality laws of the United States
ihey appealed from conviction to the
supreme Court of tbs United States and
pending that We're admitted 10 bail
Two weeks ago AttOrney-Gene.al Har-
mon moved 10 advance the cause for "a
nearing for this term of court and as
the call of the docket for the term closed
on the Sth instant, the granting OF the
motion neceSSitated the session to-day
". Hallett Phillips, for the appellants.
opposed the advancement asked for by
the Government, suggesting that Il be
hea:d ut the October term next, and in
response To his objection the Attorney
General made use of AN expression which
was largely quoted at the time as CON
veying President Cleveland's belief that
the Cuban wag would be over within six
months. What he said was that If the
case was permitted To go over until fall
II might as well take It's usual course /.
that the summer was the time when SINH
lar eXpendit!ons would be fitted out un-
icSS restrained bS lHc uSC!SlOu oi lUc
Supreme Court of the United States.
After the Court had considered the
announcement of opinions, but two hours
of The days session remained, and It
was agreed by Mr.. W. Iallett Phillip,
for the appellants. and solicitor General
Conrad, for the Government. TO aban-
don oral argument and submit the case
to by the Court. and it adjourned until
Monday next, whsn decision may be
expected.
In their brief counsel for the appellants
express regret that in a CASE OF so
much Importance the district judge WAC
presded at the trial should not have cX
hibited that impartiai!ty 50 characters
tic of the administration of justice in the
Federal tribunals. The address of the
judge, they say, was an und!sSuized at
tempt, only too successful, TO influence
the jury 10 find the defendants guilty by
unwarrlnted int!mations. ana by cX
pres.tOns unsupported by evidence.
Counsel assert that assuming the case
to be as stated for the government such
state of facts does not constitute a
military expedition" The men had
right. so far as our laws are concerned.
to join the Cuban army and 10 go TO
Cuba for that purpose either sinsly or
together Nor Were they forbidden by
our laws to convey 20 such army NUM-
tions of war The passengers on the
II ocsa We're not armed when they left
ta!s country, and did not proceed to the
scene OF the insurrection a an organized
body capable of levy!ng war. The STATE
ment of the judge that they Were armed
is a finding of a fact not warranted by
any evidence.
On the other hand the Attorney-Gene-
raj and his associates contended that .he
main question pies Sented was in the
narrow one. namely the meaning of the
phrase military expedition or enter
prise" They submitted that an ENTER
prise was military whenever II was
relating or pertaining to war" or "con-
nected with state of war" or Whenever
ii was appropriate - the affairs OF
war"
When the men and the cargo came
aboard together: when the men are or
sanlZed 70 the extent OF acting in CON
cert; when, whetler or not they had any
one leader. they are accompanied by
pilot brought by themselves and who
acts as guide 10 their common destina-
t!ons; when they land Themselves and
their cargo by their own personal efforts
that in their opinion constituted a
military enterprise.
The word military" nigh; be proper
ly applicable. not only 10 a body of men
organized or as!-organzed, but even
to a single man. When Samson went
out anu slew 100 men VIZ: the jawbone
of an ass, his actions were clearly of a
military character There was little or
ganizaiion in John iB:own's party of
twenty-five men, when II captured Har-
perS Ferry, but the capture was clearly
the resul, OF military enterprise
After reviewing the errors assigned a.
grounds for reversal tha government
law officers claimed upon 'tIc record that
the Judgment of the court below should
be a ffirmed