The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-02-28
HARD FIGHT OVER THE HoRSA.
M FATE OF THE OFFICERS NOW
IN THE JURY's HANDS.

s..tutes-Judge Butler COnstrues |
-. statutes Against the Defend |
.,ts-The Jurors Told to Decide
che disputed Point for Them
selves.
philadelphia, Pa, Feb. .H.-When the
4 ,ria1 of J. II. Wiborg, JAMS z. Petersen and
II Iobansen, late captain, first mate and
/ socond mate. respectively, of the steamer
i t1orsa- who are charged with engaging IN
Cuban fibustering expedition, was re-
s,,rned in the United States district court
,o-dav. Assistant District Attorney Raj
f. ston continued his address to the jury Mr..
psIston contended that the thirty-nine
men who boarded the steamer az sea a, oll
. Raruegat, N. J., constituted mllltary 81
4 ae5iti6n i'm the sense of the statue. lie
. ssked the jurors not TO be influenced py Sle s
. Meas of counsel for the deIenualtSS -, ioI vi
+. fvrnDathv for the insurgents, but Judge
a Pufier interrupted him and stated that
sIich a plea would be irrelevant to the case
and il would not be permitted. MI ha4-
ston spoke briefly and closed Win a cMiallh M
a ~ tbe defendants were guilty OF nav
inc violated the statute.
CANT Kerr. senior counsel for the de-
4 fendants then began his argument before
4 the court on the thirteen points presehlSu
By him yesterday, and upon MIllCn, ne is0, scSl
ed the fudge to pass<in charging the Jury.
Capt Ker based his arg utaent MANY as rs.
CARDS military expedition. lie ueclaI-
ss5 thar to constitute a military expedition
there must be organlzaQ aQon-llll ailtIS' , "a
4 alrv or artillery-and that any other com
hnation does not form such an eXpeul-
tion The speaker quoted authorities III
support of his argument 80, -.
JVban Cant Ker had concluded Judge
Butler announced that his (the judges
Interpretation of the statute, whch ne
expressed yesterday, had not uhuersone
a change. The judges Interpretation o.
military expedition is in conflict with
the views of Capt. ker, ana ms hoiof
amplifed his remarks OF yesterday py
stating that he was convinced that by
S the terms of the statute that congress
meant to prohibit the lifting out OF any
such expedition. The judge further sald
that he would undertake, IN MS cnaISe'
TO define the terms of the act or con-
i gress in question, and that he would ex-
! pect the jury to accept the courts in
a brief argument followed between the
4 respective counsel and court over the Jur-
! isdction of the United States in this case,
IL having been proved that the men ana
arms We're taken aboard the Horsa az
sea and possibly beyond the three-mile
. limit. This question was not decided.
Capt Ker then began his address TO the
Jury in behalf of the defendants.
Capt. Ker, after briefly reviewing the
case, referred to the action of Spain IN
recognizing the southern contederacy, but
District Attorney Ingham interpoSed an
objection on the ground of irrelevancy and
& Judge Butler sustained the objection. A
. mild controversy followed between Ille
Il Judge and the defendants senior counsel
on this point but nothing material devel-
oped.
Capt. Ker declared with some emphasis
a that should the defendants be convicted
the kingdom of Spain would demand in
demnity from this government. Ihe at
tOrney continued his address with CON
siderable eloquence and eXonerated capt
Wiborg and his mates from any compilc-
fly, the instigators of the enterprise pe-
ing ]. d. Hart & Co., by whom the men
~a1 tho arapn
thors of the enterprise were ready TO pc
taken for what they had done ana ne
pleaded for the acquittal OF the deIend-
ants, who simply did what they were
In conclusion the speaker made the dec
laration that Cuba would be free on july
next, and he appealed to the jurors 70
not make martyrs OF the accused 3,
The district ATTORNEY again interrupted
Capt Ker shortly before he ended, When
the latter made a. second releIenc5 "a ~
Patriotism and the court again uphelo
the objection.
District Attorney Ingham made the
closing address to the jury. When ne ne
had concluded recess was taken aI Az'AO
At that hour Judge Butler began the de-
livery of his charge to the jury. i ne ne
judge had reduced the charge TO WTllnS
and he read it with deliberation: upon
the conclusion of his charge the jury ae
2:35 o'clock retired.
points for the jury to consider flrsl'
was the expedition organized mere ahu'
second, did the defendants render II as
sistance with knowledge of the act. Ihen men
referring to what constitutes mllltaTy
expedition within the meaning Oh the
statute, Judge Butler held that any COM
bination of men organized here 70 go 70 70
Cuba to make war, and provided WIh
arms, constitutes such an enterprise. Il
is not necessary, the judge contlhueu,
for the men to have been drilled or put
in uniform, or to have been organized ac-
cording to the rules governing cavalry,
artillery or infantry. 1t is not lmportaht :
the judge further said, whether Such
body intend to make war as an indepen-
dent organization or in connectlon WIFI 7
some other body. Judge Butler was Oh
the opinion, however, that where men go
in a body to enlist as individuals IN d
foreign army they do not constitute
military expedition and the Vessel carry
ing them can take arms as mercndnulse.
The Judge then ruled upon the thirteen
points presented by the counsel for the
defendants, probably the most important
ruling being an affirmation OF the cOnteh-
ton that if the aid furnished by the de-
PENDANTS was given beyond the JullSuic-
ton of the United States (beyond the
three-mile limit at sea) Verdlct OF ac-
quittal must be rendered. If the defen-
dants started from Philadelphia, Ignorant
of what they were going. to underlahe
land provided the alleged Ot1enSe was
committed on the high seasl they cannon
be convicted; if they had knowledge OF
the expedition they are guilty: JUGS
Butler significantly said that II Woulu
seem to the court to be free from reason
able doubt that the HOrsas passengers
constituted a military expedition" rms
assertion was qualified, however, by a
declaration that the responsibility OF de-
termining whether or not the enterprise
in question was such an expedition rested
entirely with the jury. The judge ques-
toned the probability of the defendants
risking themselves and the steamer by
transporting an expedition If all the ar
Engagements had not been made before
the Horsa had left Philadelphia. In con
clusion the court said that, in order tc
convict the accused, the jury must con
slder the evidence against them as be
mg entirely clear, and instructed them
no. to be influenced by sympathy or pre-
ludice. 1--WE have nothing to do with the
lnsurrection" Judge Butler said, "and al
You have TO determine is whether the
statute has been violated"
The jury had not reached verdict
Enen the court at 1 o'clock adjourned
Prior to the adjournment the jury came il
and asked the court whether all three OF
The accused men could be considered Off
GERS of the Horsa. The judge answered
Ia the affirmative.
New York, Feb. 27.-The hearing befor,
Commissioner Shields of ]. .. Hart, ac
cused of being concerned III the fitting ou
OF the steamship Laurada which left thii
PORT last October with men and arms fol
Nqna, has, by agreement of counsel, beer
70