The morning times., 1896-04-08

New York. April THE trial in the
United States court OF John d. Har rt,
Bernardo j. Bueno, Capt. samuc. Hughes,
Capt. Lawrence Brabazon, and Benjamin
Guerra, who are charged with violation
of the neutrality law in having been con-
cerned In fitting out or otherwise aiding
the alleged Cuban filibustering expedition
on the steamship Bermuda Was continued
today.
When court opened this morning Assist
ant District Attorny Hinman asked Coun-
ciilor Wins IL lie was ready to produce
certain p. per, supposed to have con-
tained the signatures or certain persons who
Lad CONTRACTED u become members OF the
Hawkins filbustering expedition, which
paper Lad been verbally demanded of the
defense yesterday.
There Is no such paper" replied Mr..
WINS. Del Villa meyer signed such Il
paper, and you know 1t. We propose TO
prove that your witness, Del Villa, per-
Jured himself when he swore to not having
seen you between the close OF court on
Tuesday and yesterday morning
TLosnas A. Thompson was called and
testified to having been the "owner of
record' or the bermuda. ii being neces-
sary to have n British subject as such
owner, the bermuda BENG ii bnusn vessel.
oTT itCItS OlS II lIMcN
Charles C. Taylor OF Brooklyn, steward
on The Bermuda, said he was employed
in that capacity February II last. He
went on board the vessel with John O Brien
aud had sealed letter addressed to a
man named Smith.
witness next saw Smith after this on
February "a aboard the Bermuda. He bad
seen Capt. Hughes on the bermuda. lie
did not know then that Hughes was the
voyage TO Santa Marta, Colombia.
Thomas Nelson, who WIS chief engineer
Of the bermuda, testified that l. e had been
engaged for that position by John ID. Hart
February 4 last.
.aIn,s howucn OF Philadelphia, first as
sistant engineer OF the Bermuda, said he
had been hired by John ID. Hart.
Daniel q. Hawthorne, deputy collector
OF the marine division, port or New Ycrk,
Identified the clearance papers of the Ber
! muda, which he delivered. lie thought. about
30 O'Clock on February "a, TO Capt
Brabazon
amer recess Pilot James A. Broadey
OF the revenue cutter HUDSON, told or the
seizure OF the lighter Stranahan and a tug
which he thought was the W. J. MCCaldin.
The cutter also mace fast TO the BE rmuda
at one time during the night Of February
"a. hut ne could not tell how many men
toned.
Uni,ed States Marshal McCarty testified
that on Sun iay, February 23 he had received
Instructions from Washington, in couse-
quence OF which he embarked on the revenue
| cutter HUDSON for the purpose OF inyesti-
| eating the Bermuda.
ARRESTS WITHOUT WARRANTS.
Marshal McCarty told OF tie seizure of
the vessel and the alleged filibusters,
and then, unticr rcross-examtnatioD said his
men had arrested about SO men, having at
tile time only warrants for four or five,
Witness also admitted that subsequently he
restored both the Bermuda and tie arms
seized To their owners, by orders or the
| United States authorities at Washington
| Witness did not see any evidence OF O
| military organization on the Bermuda.
| Secret Service Agent Stanley E. Bagg
| testified that the bernmda's anchor was
being raised at the time Of her seizure.
| He had ordered The raising OF the anchor
| stopped. Witness said thathe "a W Bernardo
| j. Bueno ON board the Bermuda. Bueno
| had told him tie expedition was destined
! for Cuba, that Gen. Garcia was to accom-
| paDy it, and that the ammunition and arms
| would not be put on board at that spot.
Some time after this about O'Clock, the
| tug w. j. McCaldin went alongside the
| Bermuda anG witness saw John ID. Hart
| get or board the steamship. He also saw
| Gen. Garcia and Benjamin Guerra in the
| pilothouse OF The tug. Later on, when
| witness was put on board the lighter
| strannan he had seen Capt. Hughes,
| who said he was III charge of the cargo.
| At this point Mr.. Hinnan inquired re-
| gardtng Hughes trunk, which. the witness
| admitted he had seized and opened without
| having a warrant. Mr.. Hinman, he said,
! had directed him 10 do so.
Counsel for the defense objected to the
| Introduction Of any testimony regarding the
! trunk, on the ground that it had been un-
| lawfully seized, and that il was against
| recognized constitutional law to use, under
such circumstances, the private papers of
! any accused person against himself.
Judge Brown ruled in favor of the OBJ
| lection, but finally decided 10 adjourn court
| for the purpose of allowing both sides
| opportunity to argue the point tomorrow
| when the trial will be continued.