Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-01-19

y
Jacksonville, Fla, January IS
Judge Locke, of the L. S. Court for
the Southern District of Florida, rem
dered his decision this morning in the
Three Friends case upon the exceptions
Of the defense to the libel of the gov
ernment for violating neutrality laws.
The point was raised by counsel for the
defense that inasmUch as the Cuban in
surgents had not been recognized by
the United States government they
were neither people nor a body po-
litic. This was sustained by Judge
Locke and the district attorney was
given ten days in which to file an
amended libel. The point was one
that had never been raised before.
Washington. January 1S.-The Off
cials of the department Of justice are
unwilling to discuss Judge Locke's de-
cision to-day in the case Of the sus-
pected filibuster. the Three Friends,
beyond the statement that if the Judge
at the final hearing sustains tO-day's
decision an appeal will likely be taken
to the United States Court of Appeals
at New Orleans, and if an adverse de-
cision is rendered there an appeal Will
be taken TO the United States Su-
preme Court.
Should Judge LOcke's decision be
sustained by the court of last resort
it would appear that every inhibition
in the act against fitting out hostile
expeditions of every character against
a foreign state with whom the United
States are at peace, becomes of no et-
feet These inhibitiOns are against
enlistment, acceptance Of commissions
to serve a foreign state people, etc,
and declares that the fitting cut and
arming of naval expeditions shall be
forfeited 10 the United States The
question decided by Judge Locke there
fore, is Of the highest Importance, as
if it is sustained every act restraining
the fitting out of expeditions to aid the
Cuban insurgents in their struggle
against Spanish authority becomes IN
| operative.
Havana. January 1S.-Via Key West,
Florida.-There is considerable com
plant here among newspaper cores
pondents and others IN regard TO the
alleged tampering with mail matter up
on the part of the Spanish authorities
here. and it is believed that the atten-
tion of the United States authorities
will be called to the matter.
Powerful Influences continue steadily
working to bring about the recall OF
Captain General Weyler. In the first
place. it is beyond doubt that the at
tacks made upon him by the Madrid
newspapers have placed the General IN
very unenviable position towards the
government and almost any other man
would have resigned before this.
In connection with the reports of ap-
preaching recall of Gen. Weyler. it is in
teresting to note the manner i'm which he
received the news of the death Of Antonio
NIaceo the circumstances of which have
only lust leaked out from the palace. At
first Weyler would not believe the report
and announced his intention of paying no
attention to it until ne received official
confirmation This was brought to him
while he was at the breakfast table,
whereupon Gen. Wcyler arose from his
p
claimed:
Me Buena Estrella Aun No TIa Eclip-
sado." Cdy good star, fortune, is no, Yet
eclipsed).
This happened at n time when, as well
known to the captain generals most inti-
mate friends. ne was disposed TO resign.
Outside assistance is what the insurgents
stand badly i'm need of at present. and
without it, it is concluded that they will
be reduced to accept the terms of Spain.
although this may turn out to be but
temporary arrangement which will be
followed by another and more successful
insurrection I'm due course of time. In
any case everything depends upon the
friends Of the insurgents i'm the United
States. If they do not exert themselves
promptly and effectively I'm the very near
future the dream of independence for cuba
may pass away for the present The turn
ing point of the insurrection, il is be-
licved here. has been reached
A friend of the insurgents who is usual
~ very we'll Informed. was heard TO re-
mark to-day that he did not believe that
the main body of the insurgents would
advance further westward than the city
of Colon. i'm the western part of the pro-
vince Of Natanzas. as Gomez would he
taking too great a risk i'm so doing with
the resources at his command
Tn these conditions I'd really energetic
general with soO or 90 oo0 men under his
command. might be able to make short
work of the insurrection: hut Weyler is
not Of the class OF men who accomplish
ANYTHING brilliantly.