Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1897-03-26
IN THE HANDS Of The Jury
Is the Case Of the Government
VS., Joseph L. Luis.
NO TESTIMONY OFFERED
BY the Defense as They Assert the Government
Has Failed to Make Out Case
The Judges Charge.

Baltimore, Nd, March 25.-The trial of
DR.. Joseph ]. Luis, the alleged Cuban
flibusterer, was concluded today in the
United States district court. The de-
fense, believing that the prosecution had
not made out a case, placed no witnesses
on the stand. Two hours were allowed
the counsel for each side in which to ar
que the case, after which Judge Morris
instructed the jury.
THE jury retired at $3.50 and had not
reached a verdict at a late hour tonight.
Should a decision be arrived at tonight,
it will be sealed and presented to the
court in the morning.
When counsel for the defense stated
that they would present no witnesses, a
long typewriter statement of the law
on the subject of filibustering was Of
fered with the request that it be sub
mitted to the jury. District Attorney
Marbury opposed the request but the
paper was admitted by the judge. He
said that the statements of law were
correct in the abstract and that he should
trust to the understanding 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-
fense showed that 1t would not attempt
to deny that DR.. Luis had been instru-
mental in furnishing money for the fit
ting 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 supply
ing insurgents in a country with which
the United States Is at peace, it was ar
gued, and 1t is also permissible to carry
y1r sx,4A 20 s-4 L.
army either individually as passengers,
or in a body, providing they have not
been organized in the United States as a
military expedition.
1t was maintained that the evidence
did not show that DR.. Luis agreed to
military expedition, 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 Dr. Luis and any of the others con-
spired 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. Hud-
son was a co-conspirator and his evil
dence should be carefully scrutinized.
1t should not be conclusive unless cor
roborated by other evidence or other cir
cumstances which give it the appearance
of truth
IF satisfied that Luis and Roloff
agreed to carry a body of men from the
United States to Cuba, then you must
inquire whether 1t was military expedi-
ton. To make military expedition it
is not necessary that the men be uni
formed or that they have a military or
ganizaton, such as is observed in reg
ular army. If they are subject to Of
ficers, are armed and have sufficient or
ganization to embark and land as body
for military purposes, 1t is sufficient. 1t
is not necessary either that they main
tain separate organization after land
ing. They may join other forces.
at Is no crime to transport as individ-
uals men who intend to enlist in the in
surgent army, nor is it wrong to trans
port arms as merchandise.
"fhe United States insists upon the
neutrality of other powers as between
the government and insurgents and it is
a point of national honor they they
should maintain such neutrality"
/ The only evidence to directly connect
DR.. Luis with a military expedition seems
to be letters and these are really not con-
sistent with the position of the defense
in the case.