The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1896-12-29
Proceedings Against the FlIbusterer Begun
In United States Court al Jacksonville.
SPAIN HAS SCAMT SUPPORT IN EUROPE
Austria and tho Vatican would Prob.
ably Back Her but She atas No
Further Assurances Great britain
Refuses fo Give II Definite Rcply-h
story TINT Mncco is rot Dcnd.

cr Three Friendse. libel for forfeiture
OF the vessel 10 the Government for al
legged violation of section 52S3 Revised
of the United States, was
argued in the United States Court to-
day. The libel is based upon the trip
of the vessel from this port last May,
when she was escorted to the Three
League limits by the revenue cutter
Boutwell,
The section the Three Friends is
charged with violating prohibits the
lifting out in the United States OF
vessel TO go into the service of foreign
prince or State or of any colony, dis
trict or people, to cruise or make war
upon another foreign prince, state,
colony or people.
TIE OWNERS CONTENTION.
The owners of the Three Friends con
tend in their exceptions to the libel that
section 52S3 does not apply To the Cuban
rebellion because the United States has
not recognized either the Independence
or beiliEcrency of the CubanS, and the
courts cannot take cognizancc of the
war until either the President or Con-
Eress recognizes the existence of war.
ana. therefore. ii was impossible for
the Three Friends to have been engaged
in the service of one political power
against another political power with
which the United States was at peace
the Cuban insurgents not constituting
political power recognized by the
United States.
THE UNITED STATES SIDE.
The District Attorney relies upon The
fact that there have been heretofore
several conilscntions of vessels for the
violation of the section where no war
had been acknowledged to exist. but the
defense contends that their point now
depended ON, had never been raised in
any case Of prosecution for violation of
section 52S3. They admit that the
United States Supreme Court in the
Weiborg and liorsa case recently held
tnht section 52S3, part of the same act,
can he violated without the necessity of
acknowledging bcll!gercncy. buL MAIN
tain that the Supreme Court in the same
case held that section 52S3 applied only
to the case Of two recognized political
parties enhaged in warfare.
The case was submitted and taken
under adViscmcnt by the court. / the
defendants win this case they hold
that II will be Of very great Importance
10 the Cubans as the President will then
have to recognize the bellieerency of the
Cubans, or 1T least stop prosecutions for
cOniiscation of vessels under this sec
ton.
THE VESSEL IN CHARGE.
The Three Friends left Key " est this
morning for Jacksonville with Special
Deputy Collector Knight in charge AS
sistant Secretary of the Treasury Wikc
left Tampa yesterday TO gather infor-
nation concerning alleged piracy on the
part of the crow of the Three Friends.
The Three Friends will probably reach
Jacksonville tomorrow.
ct "a : = ~ i, -
West. the crew being on a strike.
THE DAUNTL.ESS.
The steamer Dauntless came up the
St Johns river from Mayport this al
tornoon with n revenue officer aboard.
who has had charge of the vessel FOR
some time. While the officer was
ashore the Dauntlcss again put 10 sea
without him and it is said embarked
supplies from South Jacksonville APP
parcutly cases of groceries. The move
mcnts OF this vessel are .Ooked upon
with suspicion by the Spanish author!-
ties.
HOW THE POWERS STAND
London. Dec. 9S.-The Times will to-
morrow publish a dispatch from Paris
saying that the Austrian court aai gov
have for Il long time been un-
easy regarding the attitude Of tha Amer
igau iingOeS toward Spain. ana ina- thlS
has been expressed III con-
with the Diplomats in i"n-
ma. queen Regent Christiana. OF SPAN.
who is the daughter Of the late Arch
duke Carl Ferdinand, OF Austria. and.
the Times correspondent addF there will
ho no hesitation by the family in dis
playing their affection whentVe" 1T he
comes question OF de- snGilS tnc in
tercsts OF Christiana's adopted coun-
try.
ENGLAND FRANCE AND ITALY
The Rome correspondent of the Chron
icle telegraphs that the Spanish gov
ernment recently questioned Great
Britain. France and italy regarding
their attitude in the event of wa e
tween the United States and Spain.
Great Britain. the correspondent adds.
declined to give definite reply. say
ing that everything depau1ed on the
course OF events and the subsequent
relations of the contending nations.
Italy offered to assist in bringing about
an amicahla arrangement of the trou-
ble without promising 10 support Spain.
The attitude of the Vatican is abso-
lutely favorable tn Spain. King AL
fcnso has written to the Pope asking
for his prayers that the Spaniards shall
he victorious.
The Chronicle says it learns that the
Paris dispatch published by the Times
regarding the attitude of the
powers toward the United States was
untrue.