The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-10-07
CAPTAIN HARRIS APPEAL 4
Senator Gray Pleads Tor the Convicted
(. .FliIbusters-No Crime to As. :,
slst Cuba. =

The appeal OF Captain John E. Hart to
tho United States Court OF Appeals from
his conviction before Judge Butler in tho
United States District Court. Ia February
last for providing and preparing tho
means for the landing of illlbustering
expedition in Cuba, was yesterday taken
up and argument concluded. The Appel
late Court was compo ied Of judges Ache
son, Dallas and Kirkpatrick. Judge Brad
ford, of Delaware. however, occupied q
seat upon the bench as spectator. Il
Captain Hart was seated close by his
senior counsel, Senator Gray, who to-
gether with Captain ". W. Ker, looked
represented by United States District At
torney Beck, and his assistant, Francis
Fisher Kane.
Tho argument was opened by Captain
w. w. ker, Oh behalf Of Hart and in sup
port of tho appeal. He gave u resume Of
the facts of tina case and of Captain Hart's
connection with the LauraiS, which. IL is
alleged, landed the expedition at Navasss,
and which resulted In tho conviction OF
Hart before Judge Butler and his sentence
to u term Of twoyears. The main thread
Of Mr.. kor's argument was to tho effect
that there was nothing in the evidence
which would justify the jury in finding q
verdict of guilty. Under the interpreta.
ton Of the law and late .opioion OF tho
Supreme Court in tho Wiborg case, he
said, no military expedition. rs prohibited
by the act of Congress, had boon provided
for or assisted to reach Cuba.
District Attorney Beck, in arguing in
support of the fir ding OF the jury which
convicted Hart, cuntended that, whether
tho expedition, was military one was u
question solely for u jury, and was not =
question Of law. Tho jury, after listen.
fng to tho evidence. had found that the
I..fk V.
q military ono. and that its destination
was Cuba. and that tho defendant Hart,
had aided and abetted it-had provided
means for Its sending out. Mr.. Book ably
dissccted the various objections that had
been raised by the opposite side to the
Judges rulings in tho ciLse, and contended
that not one Of the points OF error was we'll
founded. -...
After going at length into recital of
the evidence and urging upon the Court
its sHiliciency to sustain conviction, Mr..
Beck concluded by saying that tho cause
was Of groat Importance to tho Govern.
mont 1t affected not merely its friendly
relations with another nation, but II
another sense its honor. Whom Mr.. Book
concluded he handed to tho Court an clab.
crate and voiuminous brief in support of
the jury's finding
Senator Gray made the concluding ar.
gument. He urged that there was no
direct evidence Of organization OF tho
eighteen men taken Oh board tho vessel as
ilitary expedition, or that they acted
in concert as II military body. 1le said tho
facts only showed that arms aud ammuni-
ton had been taken aboard and that the
men who embarked were taken to the Is
land Of Nayassa, where they wcre discm-
barked, md that the arms and men wcro
taken in another vessel from Navassa,
which sailed in tho direction Of Cuba. The
cylde .co must be positive beyond perad.
venture that it was Il military ono.
1t was not a crime or olfonso against tho
United States undor tho neutrality laws,
he argued, for individuals to loavc the
country with intent to enlist In foreign
military service, nor was 1t an o1fonso
against tho United States to transport
such persons out of tho country. 1t was
not an otfensc 10 transport arms and mu.
nitions of war to any foreign country,
whether such arms Or munitions wcro to
be used in war or not. The shipper only
had to run The risk Of capture and seizure,
but this did not mako it an offense against
tho laws of the United States.
Senator Gray went over tho assignments
of error to the Judges charge and elnbor-
auly argued each one Of them illustrating
his contention with numerous references
to decisions Of tho United States Courts,
and in conclusion urged that the evidence
entirely failed to support tho verdict Of
guilty.
Tho Court reserved its decision.