The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-02-02
Attorney General Harmon Directs Inn
mediate Prosecution OF the Noted
FiIibustering steamer.
CRUEL WORK OF SPHNIHRDS
MALE MEMBERS OF A FAMILY SLAIN
AND THE FEMALES OUTRAGED.
Battle In Which the Cubans Took
sam'B Request Denied by Spain.

WASHINGTON. Feb. 1-General Harmon
has given instructions to the United States
attorney at Jacksonville. Fla. TO at once
proceed against the alleged filibuster. the
Three Friends. under Section i2s7 of the
Revised Statutes for engaging in an act OF
piracy. This section reads as follows:
ANY vessel built purchased or fitted out.
in whole or in part or held for the pur-
pose of being employed I'm the commission
of any piratical aggression. search. re-
straint. depreciation seizure, or in the
commission of any other act of piracy dep
rsdation or seizure. as dsnned oy s,.ne, the law
and brought into any port of the United
States. III found upon the hign seas. or TO
be seized II found i'm any port place
within the United states whether the same
shall have actually sailed upon any pirati-
cal expedition or not. or whether any act
OF piracy shall have been committed or at
tempted upon or from such vessel or not:
and any such vessel may he adjudged ana
condemned. il captured by "A vessel author
lied as hereinafter mentioned, 10 the use OF
the United States and 10 that of the cap
tors, and IL seized by collector. surveyor
or marshal, then TO the use or the United
States"
This action is taken by the attorney gem
eral in view of the recent decision of Judge
Locke. of jacksonville. which held. In ef-
feet. that the Cuban insurgents were not a
people, state. district or colony within the
utes. under which the libel was brought: In
other words, that the expedition in which
she was engaged was not a political one.
II is the understanding of the department.
that the Three Friends some weeks ago.
while on flibustering expedition. carrying
arms and mounted cannon on her deck. was
pursued by Spanish vessel. and in making
her escape fired one or more shots at her
pursuer. Whether shots were actually fired
or not. the contention is that she was so
armed as to clearly bring her within the
terms of Section 1927. The attorney gener-
ais opinion is that there Is but one alter
Occasion 6,cas named. ma " " was either engaged
in political expedition against a friendly
power or on piratical one. Her arms
and mounted cannon furnish evidence that
her mission was not a peaceful one, but
quite the contrary. In any event the attor-
ney general has deeidsd to % ds Elys guass
what the character of the Three Friends
expedition was. No action is now contem-
plated against the officers and crew OF the
vessel.
The Supreme Court to-day granted the
writ of certiorari asked By the attorney
general and set the hearing for the third
Monday in February. The decision I'm this
matter was made after a brief argument
by Mr.. Harmon in formal motion made
by him to-day in accordance with his no.
tice on Friday last The attorney general
in his brief statement laid special stress
on the necessity for prompt action on the
part Of the court. which he requested not
withs tanding the announcement OF a
months recess by the court beginning to-
day. He urged his request entirely on the
ground that such action was, diplomatic
necessity. He explained briefly that the ac-
ton against the steamship on the al
legation of filibustering in the interest OF
the Cuban insurgents ard the decision OF
the District Court for Florida had been In
favor OF the steamer. He also explained
that appeal had been taken TO the Cir
cult Court of Appeals for the Fifth cir
cult. but that IL was considered desirable
to have an opinion i'm the matter by the Su-
preme Court. He said these requests were
made for reasons OF public policy on be-
half OF the Executive Department. involv-
ing grave question of International law,
the determination OF which might mean
| peace war. He continued by saying that
| the situation was a most delicate one ana
that under the decision OF the Florida court
| there might be a continued recurrence OF
| the offense alleged against the Three
| Friends. He said IL the case had involved
| only a point OF law or private interests
| he would not have pressed for an early
| hearing.