The morning times., 1897-03-09
Two Years Imprisonment and
a Heavy Fine.
JUDGE BUTLER'S OPINION
Considers Verdict Amply Sustained
of the Laurada Displayed Great
Cunning in Violating Laws Well
Known to Hin.

States district court, on February %, on
the charge of aiding in Cuban filibuster-
ing expedition on the steamer Laurada, in
August last, was today refused a new
trial by Judge Butler, and sentenced to
two years imprisonment in the eastern
penitentiary, $500 fine, and the costs of
prosecution.
Hart received the sentence calmly, but
when he subsequently met his wife in
the office of the United States marshal,
where he was in custody, and she threw
her arms around him and wept. he was
overcome with emotion.
Judge Butler spoke at length in denying
the motion for a new trial and in his
opinion, said:
Il have carefully considered this case
and see no reason TO set aside the verdict
The case was very carefully and deIib-
erately tried, and the court believes that
the verdict was amply sustained by the
evidence L have no hesitation in saying
that as the case seemed To me at the end
of the testimony, and as it now seems,
there was but one diSputable question
That IL was a military expedition was
proved beyond any room for doubt
The coming together Of the men and
arms, the apparent obedience OF the men
to certain OF their number and their con-
duct on the way to Nayasa would seem
to leave no room for doubt that these men
had combined and organized as perfectly
as was practicable to go to Cuba 10 fight
the Spanish government. That object was
ayowed by some of the expedition, and
their declarations are proof against all
The fact that some desired 10 withdraw
and were compelled to go by authority
which was despotic, of itself seemed TO
demonstrate the character Of the expedi-
ton. That they went to Cuba is equally
plain. That they were carried by the
Laurada by precoDCeTted arrangement is
made manifest by many circumstances A
clearer case in this respect has never been
made out. That Hart sent the Laurada
and controlled her movements is equally
clear.
The only debatable question is whether
he mad knowledge of it's mill Ia ry character
This was open TO discussion ana was very
fairly and fully discussed The govern
ment's proof of such knowledge was the
circumstances under which the Laurada
was fitted out and HaTt's connection with
the Cuban party that went to Atlantic
City.
The defendant argued that these
preparations We're clearly consistent with
their theory that The only purpose OF the
expedition of which Hart knew was to
carry cargo OF goods that was CONTRA
band OF war. II the cargo was not pro
hibited by our laws he would then have
had no good reason to conceal his identity
with the plan, because the only BARN 10
him if the ship We're captured by Span
ish cruiser would be the forfeiture of the
vessel and its cargo. The only motive he
could have had in concealing his own per
sonal connection with the trip Of the LaH-
rada was to deceive the authorities OF
our Government
Il do not question that he gave, di-
rcctly or indirectly, the order to send the
surfboats from Camden TO the Laurada
below Wilmington What object had he
to conceal his identity except TO deceive
the authorities OF our Government? He
was closely identified with the Cubans.
met them at Atlantic City, and directed
their movements to Barnegat. The evi-
dtDCc IullN Iilt tOiCAuNipH Ot luc
Jury that he had previous knowledge OF
the military character of the expedition.
''As to the ter-Ciiscovered testimony
l do not know how the jury could be
lieve such testimony if it had been Of
fered. The new witnesses are of the
class that Goldberg a witness for the
defense) was His testimony hurt the
defendant in my Judgment. He made
such an exhibition of himself as Is not
often made in court of justice The
after discovered witnesses are of the same
character and they tell an incredible story
1T is alleged that certain men tried to
bribe witness who testified for the Gov
ernment. and that these men publicly an
nounced in bar-room and in loud tone
of voice that they proposed to get this
witness drunk and then bribe hIIn The
improbabiIity OF the story is shown hy
the fact that this witness had already on
two occasions testified under oath for the
Government in this matter. Moreover, it
is alleged that having got hiIn intoxica ted
they took the witness on the porch OF the
hotel and theTeupon bribed him in language
so loud that it was heard in the interior
of the building. Such story is wholly
unworthy of belief
Pending an appeal for new trial TO the
United States circuit court Capt. Hart's
bail of $1,000 was renewed and be was re
leased from custody.