The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-02-27
THE HoRSA'S CRUISE TO CUBA.
THE CAPTAIN TELLS OF THE Or
DERs HE ACTED UNDER.

He Textiles That His Instructions
Were TO Lower His Passengers in
small Boats Whenever They Asked
Him to Do SO-The Request Was
--ade on the Coast of Cuba and He
Complied.
Philadelphia Pa. Feb. 26.-The trial of
the late officers of the steamer Horsa,
Capt. J. H. Wiborg First Mate JAMS P.
Petersen and Second Mate H. Johansen,
on the charge of engaging in a Cuban
filibustering expedition, which is said to
have started from Brooklyn, n. Y, in No
vember last, was resumed in the United
States district court to-day. Several wit
nesses We're examined, but none of them
could tell as interesting a story as did
Capt. Wiborg, who was the last to take
the stand.
He testified that before the steamer left
Philadelphia. the name on the side of the
boat was repainted- He was instructed
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 off shore. A steam light
er came alongside and message was
handed to him from the lighter, signed by
John d. Hart & Co.. the charterers of
the Horsa, instructing him (the 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 disem-
bark whenever they should ask him. This
request was made when the Horsa was
six miles off lthe coast of Cuba and the
men were lowered, after which they were
tOwed for about twenty minutes. Capt.
Wiborg declared that his passengers did
not have the appearance of soldiers, and
that when he left Philadelphia he did not
know he was to take anybody aboard.
The witness further stated that there
were thirty-tive men in the party and the
fact that the passengers had guns did not
attract his attention, particularly. He
saw that the party had a cannon, but
this weapon being about the size of two
cannon belonging to the steamer he did
not regard it with suspicion. The witness
saw no ammunition, he did not know what
was in the boxes belonging to the pas
Sengers.
Capt. Wiborg said he realized that in
testifying his life would not be worth
pinch of snuff, should he again appear at
a Spanish port. Judge Butler, however, de-
cided this admission to be rreVelant 10
the case. In conclusion the witness stat
ed he did not know where the party
landed.
District Attorney Ingham conducted a
| rigid cross-eXamination, during which
Capt. WibOrg stated that he did not re-
gard as unusual the DOdfulnS OIL the party
at sea. The witness admitted that he sup
posed 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 light was seen off the
| coast of Cuba, and that subsequently the
| small boats were cut adrift. The cGptain
| said he did not pay any member or his
| crew any extra compensation for making
| the trip; nor did he receive anything eX-
ira himself. This closed the testimony
on both sides.
Counselor Kerp presented thirteen points
which he desired the court to rule upon in
the charge to the jury and this led Judge
Butler to express himself regarding the
construction of the statute under which
the accused were indicted. The judge de-
clared that he would not rule upon the as
poets of the, case that were not necessary
in the trial of the case. The only points
at issue, he declared were: Was this
| military expedition, and if So did the de-
PENDANTS aid it. The judge firmly ex-
pressed his conclusion that the combining
of any men for the purpose of engaging
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 admitted that 1t
disagreed with the charge of the judge in
a recent similar trial at Charleston, S. c.,
when Capt Hughes of the steamer Lau-
rada was acquitted.
Judge Butler asked Counselor Ker to
state his views regarding the statute ard
what constitutes a military expedition,
and Mr.. Kert will do so tomorrow. AS
Mr.. Ker iS'a. well known authority on the
law, his construction of the statute will
be of interest.
Assistant District Attorney Ralston be-
gan the opening address to the jury, and
at 3:l5 o'clock. before he had concluded,
the court adjourned until Tomorrow