The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-03-30

The jury In the Luis Indictment Take the
the Cas~-Ihe Jadg.'s Charge on The
Points IF Carrying Arms and Nen 10
Cuba for the Insurgents.

| Cuba for the Insurgents.
! Baltimore. March 25.-The trial Of DR..
Joseph J. Luis. the alleged Cuban fill
buster, was concluded today in the
United States district court. The de-
Tense. believing that the prosecution
had not made out a case. placed TO wit
ness on the stand Two hours were al
lowed the counsel fer each sid in which
to argue the case. after which Judge
Morris instructed the jury.
The jury retired at $3.50 o'clock and
had not cached a verdict at a late hour
tonight Should a decision be arrived
at tonight ii will be sealed and pre-
scented to the court in the morning.
When counsel for the defense stated
that they would present no witnesses a
long typewriter statement OF the law
on the subject Of fiIibustering was Of
fered with the eques that it be sub
mltted to the jury. District Attorney
Marbury opposed the request. but the
= was admitted by the judge. He
SAID that the statements o. law were
correct In the abstract, and that he
should trust to the understanding OF
NHN S"1 pi6S a liz
stood. in connection with instructions
which he should give in the case.
Inc prayers of the counsel for the
defense showed that it would not at
tempt TO deny that DR.. Luis had been
in furnishing money for
the fitting out of the Woodall. nor in
deed that he intended that it should
carry arms to Cuba, and men who in
tended violating the law. 1t was per-
InlSSlIia for a vessel IN AIRY y an1
merchandise for the purpose of supply
ing Insurgents in a country with which
the United States is at peace, it was
argued, and it is also permissible to
carry men who intend to enlist in the
insurgent army, either individually as
passengers or in a body. providing they
have not been organized in the United
States as a military expedition.
1t was maintained that the evidence
did not show that DR.. Luis agreed to
have the WoOdall carry an organized
expedition, although he might have
agreed to have the Woodall used to
carry men and arms to Cuba.
Judge Norris, in his Instructions,
said that the crime and conspiracy haC
been charged. 1t vas not necessary
that all Of the parties charged were
proved to be in the conspiracy.He
said the proof that DR.. Luis and any
Of the others conspired together would
be sufficient to cOnvice DR.. Luis.
LAS to the fact Of an agreement be-
tween Luis and Roloff for some secret
purpose" continued the judge, "yoU
AVE very direct evidence, if you are
to believe Captain hudson. Captain
Hudson was a c-O-cOnspirator and his
evidence should be carefully scrutiniZ-
ed. 1t should not be conclusive unlesa
corroborated by other evidence or 9TH
er circumstances which give it the ap-
pearance Of truth.
IF satisfied hat Luis and ROlOfs
agreed to carry a body Of men from the
United States to Cuba, then you must
inquire whether it was a military eX-
petition. To make a military expedi-
ton it is not necessary that the men
be uniformed or that they have a mil
itary organization, such as observed in
officers, are armed and have sufficient
organization to embark and land as q
body for military purposes, it is suffi-
Gent. 1t it not necessary either that
they maintain a separate organization
after anding. They may Join other
forces. 1t is no crime to transport as
individuals men who intend to enlist
in the insurgent army, nor is it wrong
to transport arms as merchandise. The
United States insists upon the neutral
ity OF other powers as between the
government and Insurgents, and it is a
point Of national honor that they
should maintain such neutrality"
The only evidence to directly CON-
meet DR.. Luis VITA a military expedi-
ton seems to be letters, and these arc
really not inconsistent with the posi-
ton Of the defense in the case.