Birmingham state herald., 1896-02-27
.FIL|BUSTERS ON TRIAL Officers of the Steamer HorSa
 Give Their Testimony. MEN WERE PICKED UP AT SEA They Were Left in Row Boats Near the Cuban
 Coast.
 THE CASE WILL BE CONCLUDED TODAY Captain Wiborg Said His Lite Would Not Be Worth Pinch of Snuff Should
 He Again Appear in Spanish
THE CASE WILL BE CONCLUDED TODAY

Philadelphia, Feb. 26.-The trial of the late officers of the steamer Horsa, Cap tain Wiborg, First Mate Jans P. Peter son and Second Mate H. Johansen, on the charge of engaging in a Cuban filibuster- ing expedition, which is said to have started from Brooklyn, N. Y., in Novem- Der last, was resumed in the United States district court today. Several wit nesses were examined but none of them could tell as interesting story as did Captain Wiborg, who was the last to take the stand.
 He testified that before the steamer left Philadelphia, on November last, the name on the side of the boat was repaint- ed. He was instructed by the charterers of the vessel to proceed to Barnegat after leaving here, and when this place had been anchored he reached about four miles off shore. A steam lighter then came alongside, and message was handed to him from the lighter, signed by John D. Hart & Co.,, the charterefS or the Horsa, instructing him Ghe witness) to take aboard the party who were on the lighter, together with their luggage, lie was further instructed to lower small boats and allow the passengers to dlsem- bark whenever they should ask him. This request was made when the Hofsa was six miles off the coast of Cuba, and the men were lowered aft. They were lowed for about twenty minutes. cap tain Wiborg said that his passengers dld 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-nine men in the party, and the fact that the passengers had guns dld not attract his attention particularly. He also sawsthat the party had cannon, but this weapon being about the size or the two cannon belonging to the steam CT he did not regard it with suspicion. The witness saw no ammunition. He did not know what was in the boxes belong ing to the passengers.
 Captain Wiborg said he realized in tes- tifyiisg that his life would not be worth a pinch, of snuff should he again appear at a Spanish port Judge Butler. however, decided this admission to be irrelevant to the case. In conclusion the witness stated that he did not know where the party landed.
 District Attorney Ingham conductea rigid cross examination, during which Captain Wiborg stated that he did not regard as unusual the boarding Of the party at sea.
 The witness admitted that he supposed his passengers were going to Cuba in aid of the insurgents.
 The witness also admitted that the lights of the steamer were extinguished when strange light was seen off the coast Of Cuba, and that subsequently the small boats were cut adrift The captain said he did not pay any member of his crew any extra compensation for making the trip, nor did he receive anything eX- tra himself
 This closed the testimony on both sides.
 Counselor Kerr 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 re- garding the construction of the statute under which the accused were indicted.
 The judge declared that he would not rule upon aspects of the statute that were unnecessary in the trial of the case. The only points at issue, he declared, are: Was this a military expeditions, and if so, did the defendants aid it? The judge firmly expressed his conviction that the combining of any men for the purpose Of engaging in war constitutes 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 Captain Hughes of the steamer Laurada was acquitted.
 Judge Butler asked Counselor Kerr to state his views regarding the statute and what constitutes a military expedition, and Mir Kerr will do so tomorrow. As MT. Kerr is a well-known authority on law, his construction of the statute will be of interest.
 Assistant District Attorney Rolston began the opening address to the jury and at 3:45 o'clock, before he had con- cluded, the court adjourned until tomor-