The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-05-19
CRUISE OF THE HORsA.
The supreme Court Hears Argu-
ments in the Case.


Washington. May 1s-The supreme
court Of the United States held
an extra session to-day, for the pur-
pose of hearing arguments in the matter
of the Horsa Cuban expedition, growing
out of the conviction OF J. II. Swiborg
Jens p. Petersen and Hans Johansen, a
citizen Of Denmark, In the district court
of the United States for the eastern dis
trict Of PennsylVanla, for violation OF the
neutrality laws Of the United States. They
appealed from conviction TO the supreme
court of the United States, and pending
that, were admitted to bail.
Two weeks ago Attorney General Har-
mon moved to advance the cause for q
hearing a this term of court, and as the
call Of the docket for the term closed on
May 8, the granting of the motion ne
cessitated the session of to-day.
w. Hallett Phillips, for the appellants,
opposed the advancement asked for by
the government suggesting that it be
heard at the October term next and, In
response to his objection, the Attorney
General made use Of an expression which
was largely quoted at the time as con-
veying President Cleveland's belief that
the Cuban war would be over within SIX
months. What he said was that if the
case were permitted to go over until fan
1t might as well take its usual course;
that the summer was the time when SINH
lar expeditions would be fitted out, unless
court of the United States.
After the court had considered the an
nouncement Of the opinion, but two hours
OF the day s session remained and it was
agreed by Mr. Phillips for the appellants
and Solicitor General Conrad for the gov
ernment to abandon oral argument and 20
subject the case on printed briefs. This
was agreeable to the court, and 1t ad-
Journed until Monday next, when a de-
cision may be expected.
In their brief the counsel for the appel-
lantS express regret that in a case of so
much Importance the district Judge who
presided at the trial should not have eN-
Esa# efs,TFE
tlc OF the administration of justice in the
federal tribunals. The address of the
Judse, they say was an undisguised at
tempt, only too successful to influence
the jury to find the defendants guilty. by
unWarranted intimation, and by express
slonS unsupported by evidence Counsel
assert that assuming the case to be as
stated Ior the government such a state
ment OF facts does not constitute a mil
ltary expedition" The men had a righ-
so Iar as our laws are concerned TO iOin
the Cuban army and to go to Cuba for
tnat purpose, either singly or together
NOT We're they forbidden by our laws to
convey 10 such army munitions of war.
Inc passengers on the Horsa were not
armed when they left this country ana
uld not proceed TO the scene of insurrec-
uon as an organized body capable Of
leYylng war. The statement of tha iudge
Ihat tney were armed is a finding of n
fact not warranted by any evidence
on the other hand the Attorney General
ana ms associates contend that the main
question presented in the case was a mar
row one; namely, the meaning Of he
phrase military expedition or enter
They submitted that an "eDternrise"
was military when il was relating or per
tanning to war" or connected with q
state of war" or whenever it was "appro-
pirate TO the affairs of war"
When the men and cargo came aboard
together; when the men have control Of
the cargo; when they are organized fo
the extent of acting in concert. when
whether or not, they have any other leaG,
er they are accompanied by pilot
brought by themselves and who acts AZ
guide TO their common destination: when
they land themselves and their cargo BY
their own physical efforts-that fn their
opinion, constituted a military enterDrise
The word military" might be properlv
applicable, not only to body of men
organized or quasi-Organized, but even to
a single man. When Samson went ouf
and slew 1000 men with the jawbone Of
an ass, his actions We're clearly of a mill
tary character. There was little organi-
zation in John Browns party Of twentv-
two men when il captured Harper's Fer
ry, but the capture was clearly the result
of a military enterprise.
After reviewing the errors assigned as
grounds for reversal, the government law
officers claimed upon the record that the
judgment of the court below should be
affirmed.