The herald., 1897-01-19
NON-RECOCN|NON
PROVES A bonanza
To the Little Filibuster
Three Friends
THE CUbANS NOT A BODY P0lI1|C
As Defined ia United States
Neutrality Laws
THE LIBEL FAILS TO STICK
Ten Days Given Ia Which to File
Amended Papers
Jurlsts Are Much Puzzled and venture
No Opinion
Influences at Work to Secure the Recall
Of Captain General Weyler.
Only Success Can
Save Him
Jurists Are Much Puzzled and Venture
No Opinion
Associated Press Special Wire

JACKSONVILLE, Fla, Jan. 1S.-
Judge Locke for the United States cours
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 govern
mnt for violation of the 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 they were neither peo-
pie nor a body polite as defined by sec
ton 52S3, under which the libel was
drawn. 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.
THE JURISTs NONPLUSED
WASHINGTON, Jan. 1S.-The officials
of the department of justice are unwill-
ing to discuss Judge Locke's decision to-
day in the case of the suspected fill
buster, the Three Friends, beyond the
statement that If the Judge at the final
hearing sustains today's decision an ap-
peal is likely to be taken to the United
States court of appeals at New Orleans,
and il an adverse decision is rendered
an appeal will be taken to the United
States supreme court.
As understood here Judge Locke's de-
cision is to the effect that the independ-
ence or belligerent rights of the Cuban
insurgents not having been recognized
by the United States, they are not
state, district or people" within the
meaning of the sections of the statute
under which the libel was brought.
Although these sections in the revision
of the statutes are placed under the title
neutrality" that word does not appear
in the act itself. The original act was
passed in 1894 and was entitled AN act
in addition to the act for the punishment
of certain crimes against the United
States" In 1918, during the Monroe ad-
ministration this act was revised and
the words foreign province, state. col
ony, district or people" were inserted
with view to making it apply to the
South American insurrection then in
progress. but the question whether. In
fact. these designations properly apply
to the Cuban insurgents or others In
like situation never before has been de-
ciGed by the courts. Should Judge
Locke's decision be sustained by the
court Of last resort 1t would appear that
every inhibition In the act against fitting
out hostile expeditions of any character
against a foreign state with which the
United States are at peace becomes of
no effect.
These inhibitions are against enlist
ment, acceptance of commissions to
serve foreign state, people, ETC., and
against the arming and fitting out of
naval expeditions, and declare that all
such vessels, together with their car
goes, etc, shall be forfeited to the United
States The question decided by Judge
Locke, therefore, is of the highest i'm
portance, as, If it is sustained, every act
restraining the fitting out of expeditions
to aid the Cuban insurgents In their
struggle against Spanish authority be-
comes imperative.
SPANISH INTRIGUE
HAVANA, Jan. 1S.-Powerful infiu-
ences continue steadily working to bring
about the recall of Captain General
Weyler. In his place it is beyond doubt
that the attacks made upon him by the
Madrid papers have placed the general
In very unfavorable position towards
the government and almost any other
man would have resigned before this.
Then, again, the sister-in-law of Cen
eral Martin, the captain-general of Por-
to Rico, who was acting captain-gen
eral of Cuba previous to the arrival here
of Captain General Weyler. is actively
intriguing in his behalf at Madrid. She
is a lady of great influence in political
circles Is wealthy, of great intelligence
and knows when and how to spend
money In order to satisfy her ambitions
She took the chance of General Weyler
being attacked and is reported to have
been throwing wood ON the fire kindled
with the intention of having General
Weyler relieved and General Martin ap-
pointed his successor as captain general
In Cuba.
In addition the wife of General Martin.
who is also famous for her ambition
and generosity, is skillfully working in
her husbands behalf In Madrid. II is
said she and her family took awav with
them from Cuba nearly 81. 900. 900. Rut
this Is one of the reasons why the name
of General Martin is not generally favor
ably received here by producers as a
successor to Weyler. They do not wish
to see him captain-general under anv
conditions.
The Marquis Palmero, who is looked
upon as being an honest man II ;c
understood, used his influence against
Gen. Martin. taking the ground tha-
even Weyler Is preferable to Marin
This has had the effect of strengtheninn
Gen. Weyler's position, although II is
not believed he can last much longer
unless he succeeds I'm infiicting a severe
defeat upon the army Of the insurgents
under Maxine Gomez. which is under-
stood to be steadily advancing upon Ja-
vana from the east. Therefore n ta
thought probable that Weyler Will gath
or together all the forces he can dispose