The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-03-26
his SIDE LAYS DOWN LAW.
,,rs THE GROUND THAT THE En-
petition WAS LEGAL.

ling That the Prosecution Had
..,Ied TO Make Out a Case the De-
,.rse Introduced No Witnesses.
.,p.x Present n Long Type Writ
statement of the Law as They
,n+erpret It-They Deny That the
49,, On the WoOdalI Constituted n
,uIttary Expedition.
baltimore. Md, March 25.-The trial Of
- Joseph J. Luis, the alleged Cuban fill
i,,,stsr was concluded to-day in the
,,atte5 states district court. The defense
Shaving that the prosecution had not
.,.de out a case, placed no witnesses On
,bo stand. Two hours were allowed the
.ornsel for each side in which TO argue
tbe ease. after which Judge Morris in
structed the jury.
The Jury retired at $3.50, and had not
coached verdict at late hour tonight.
should a decision be arrived at tonight,
Il will be sealed and presented to the court
in the morning.
When counsel for the defense stated
,bat they would present no witnesses, a
ling typewriter statement of the law
on the subject of filibustering was offered
with the request that it be submitted TO
the Jury. District Attorney Marbury OPP
nosed the request, but the paper was ad-
mitted by the judge. He said that the
statements of law were correct in the alb
stract and that he should trust to the IN
Outstanding of the jury and grant the
prayers as they stood in connection with
instructions which he should give in the
case.
The prayers of the counsel for the de-
tense showed that it would not attempt
to deny that Dr. Luis had been instru-
mental in furnishing money for the fitting
out of the Woodall nor indeed, that he
intended that it should carry arms to
Cuba and men who intended to enlist in
the Cuban army But in doing all this,
he was not violating the law. 1t is per-
missible for a vessel to carry arms and
merchandise for the purpose of supplying
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, both Individually as passengers, or
in a body, providing that they have not
been organized in the United States as a
military expedition.
It was maintained that the evidence did
not show that DR.. Luis agreed to have the
WoOdall carry an organized military eX-
petition, although he might have agreed
TO have the Woodall used to carry men
and arms for Cuba.
Judge Morris, in his instructions, said
that the crime of conspiracy had been
charged. 1t was not necessary that all
of the parties charged were proved to be
in the conspiracy. He said the proof that
Or Luis and any of the others conspired
together would be sufficient to convict DR..
Luis
"As to the fact of an agreement be-
tween Luis and Roloff for some secret
purpose" continued the judge, you have
very direct evidence, if you are to believe
Capt Hudson. Capt Hudson was a CO.
conspirator and his evidence should he
carefully scrutinized. 1t should not be
conclusive unless corroborated by other
evidence or other circumstances, which
give it the appearance of truth.
If satisfied that Luis and Roloff agree
to carry a body of men from the United
States to Cuba, then you must inquire
whether it was military expedition. To
make military expedition it is not neces-
say NtAdt tIiC llS4l NC QtllOIulEQt OF lQdL
they have military organization, such
as observed in a regular army. If they
are subject to officers, are armed and
have sufficient organization to embark and
land as body for military purposes, it is
sufficient. 1t is not necessary either that
they maintain separate organization af-
Ter landing. They may join other forces.
1t is no crime to transport as individ-
uals men who intend to enlist in the insur-
gent army, nor is it wrong TO transport
arms as merchandise. The United States
insists upon the neutrality of other pow
ers as between the government and insur-
gents, and it Is a principal of national
honor that they should maintain such neu-
trality"
The only evidence to directly connect DR..
Luis with a military expedition seems to
De letters and these are really not incon-
sistent with the position of the defense in
the case.