The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-09-27
TRIAL GOES OVER TO TUESDAY.
BEARING IN THE DAUNTLESs CASE
POSTPONED.

United States Commissioners Beck
EFT and Lehman Avcrted-Co mmis-
sIOner Beckett Explains That He
Supposed the OmciaIs at Bruns-
wick We're out of Town.
Brunswick, Ca, Sept. 26-The cases
against Capt Lomm and Fireman Wal
ker Of the Dauntless crew We're called TO-
day by Commissioner Lehman. Upon mo
ton for q continuance of trial they were
bound over in sums of 5000 each to APP
pear on Tuesday next at o'clock.
The Dauntless left for Jacksonville
Engineer Devereaux was sick and no war
rant has been served on him.
Commissioner Beckett of Savannah re-
fused to sit on the case unless requested
TO do so by Commissioner Lehman. The
warrants against the crew were issued
before Commissioner Beckett in Savannah
on Sept. Il. The afidavits were sworn to
by Spanish Consul De Largo. They
charge violation of the neutrality law,
section 52s6 revised statutes, by aiding on
Aug p in carrying an organized expedi-
ton against a foreign territory and
prince. the territory being cuba.
The story of Commissioner Becketts
connection with the case was told IN these
dispatches last night. In an interview to-
day he stated that he was requested by
the counsel for Spain to come to Bruins
wick to try the Dauntless crew on the
warrants issued before him. He had the
legal right to do so. The reasons given
were that local prejudice was such that
1t was desired to have a foreign commits
sioner, in addition to which the govern
ment would be put to less expense by
such action. He inferred from the tele-
grams received yesterday that Commits
sioner Lehman and Marshal Taylor We're
not in Brunswick. The answer to a tele-
gram from himself to Commissioner Leh-
man did not reach him, and thus strength
ened his idea that the local officials We're
absent He came to Brunswick last night
10 investigate before action. Finding
Commissioner Lehman and Marshal Tay-
lor here, and being cognizant of the rules
governing official propriety, besides nav
ing personally q high regard for the To-
cal officials, he informed the counsel Tor
Spain Of his intention not TO sit unless
Commissioner Lehman requested him TO
do so. These expressions and the general
bearing of the Savannah officials during
their stay here has produced a very kind
" feeling for them in the public mind.
As prelude to his remarks in open court
to-day, Attorney Whitfield, for Spain,
made a fun explanation of his action in
requesting foreign officials to conduct
the proceedings. They were virtually the
same as he gave in his interview quoted
last night Accepting his explanation that
there was no intention too reflect upon the
integrity of the local officials, but a de-
sire to save the government money and
remove the case from local prejudices as
far as the public sentiment was concern
ed
In moving for a continuance of the case
the reasons given were that he was rep
reseting the Spanish consul, Senior de Lago,
as prosecutor, and acting in concert with
District Attorney Gary. Since the placing
of the papers in the courts hands neither
opportunity or time had been allowed of
consulting with the district attorney, or
summoning of witnesses. The district at
torney had requested notice from him
when the case was TO be tried. He rep
resented the district attorney only so far
as having consulted with him. Some OF
his witnesses were local. Four were the
in Jacksonville testifying in court
The attorney for the Dauntless contested
Attorney Whitheld's right to ask a con-
tlnuance for the district attorney in the
absence of specific authority.
Commissioner Lehman ruled that as
sufficient time had not elapsed since bring
ing the case into court for the govern
rnent TO appear and witnesses be produced.
he would appoint a later date TO hear the
case.
The attorneys for the Dauntless wanted
It tried Monday. Attorney Whitfield con-
tested for Wednesday, stating it would
be practically impossible TO present
the case properly before then
Commissioner Lehman split the
difference and named Tuesday. Arguments
from both sides against Tuesday were
overruled. and the case will be called at
o'clock on that date.
Subpoenas for local witnesses here and
in other parts of the state We're issued
tonight Their names will not be di-
vulged for the present. Subpoenas for
the Jacksonville witnesses were not is
sued. Attorney Whitfield in his remarks
in open court to-day, stated in reference 20
the witnesses in Florida that there were
wheels within wheels worked in other
court cases, and without meaning the
gentlemen connected with this specific
case he thought it best not to bring MS
witnesses here until they were needed.
The inference was that they would be
bought off.
The attorneys for the Dauntless replied
that witnesses who could be bought, did
not appear to them as reliable, and none
of the parties they represented wanted to
buy witnesses. They also argued that
as the warrants had been issued for Mae
days with Attorney Whitheld's Knowl-
edge, they should have been
served and not held off until
the Dauntiess was released on
bond, and then served as a further
block to her owners using her. Attorney
Bennett was very denunciatory in his re-
marks on this proceeding and others
which he declared as unjust and Of a per-
scouting nature on the part Of the gov
eminent.