The morning news., 1897-08-27
DAUNTLESS CREW ARRESTED.
SUSPICION THAT THE TUG WAS Co
ING TO CUBA AGAIN.

the Attorney GencFul-NO ENt-
dencc of an Intended Violation of
the Neutrality Law Produced, Ind
the Mcn Released ny the Commits
sioncr.
For a few brief hours yesterday James
". Floyd, MASTER and eight members of
the crew of the tug Dauntless. famed in
print for it's hlibustering proclivides, were
IN some anxiety TO know just what would
be their fate, and that anxiety was greatly
relieved when they We're set free again.
United States Attorney Marion Erwin
arrived in the city yesterday morning
bearing letters Of information and lnstruc-
ton from the attorney generals Office In
Washington which seemed to indicate that
The department had information OF the
Dauntless' intentions to engage in another
hlbusterng trip to Cuban waters.
After looking into the matter thoroughly
Mr.. Erwin came to the conclusion that
the tug could not be seized. and the Only
course TO pursue that presented itself was
that Of an affidavit charging that the
members of the crew of the Dauntless
were about to engage in an expedition in
Volying a violation Of the neutrality laws,
and seek to have them put under bond
to keep the peace. Accordingly Mr.. Erwin
made an anidavit before United States
Commissioner J. F. Lewis, charging that
James w Floyd, master w e. Masters
engineer and other members of the crew
of the Daunuess. were about to engage in
a military expedition from the territory
and jurisdiction of the United States
against the dominion of Cuba, a domain
of the kingdom of Spain, with which king
dom the United States of America are at
peace. and asked that the defendants. in
Guiding besides those mentioned, e. s. Tut
tie, mate A. Parsons, second engineer
Chris Paulsen p. H. Corbett J. Afford, c.
Neal and Norman H. Boyd, be put under
bond to keep the peace.
Commissioner Lewis issued warrant
for the apprehension of the captain and
all the members of the crew
of the Dauntess, and they
were brought before him by Deputy Mar
shall Charles J. White. The captain at
first wanted to communicate with his
owners before going into a hearing, but
later decided that he would not wait En-
gineer Masters was a little put out about
the matter, and suggested that his word
and that of his associates was as good
as that of any Spanish spy
The hour for the hearing was fixed for
) o'clock in the afternoon. and until that
time the defendants were left in the Gus
tody of Deputy Marshal White and Mr.
NJ. c. Hemken who had been deputized
to assist him.
The hearing was had in the United
States court room in the custom house.
Mackall appeared for the defendants. Mr.
Erwin was first sworn and proceeded to
introduce the letter he had received from
Attorney General McKenna, stating that
there were suspicious that the tug Alex
ander Jones was in hiding, and that
either the Jones or the Dauntless was to
meet the schooner Briggs somewhere
southeast of Batteras and take on a
cargo of arms Dor Cuban insurgents. Mr.
Erwin was directed to take such steps
to prevent a violation of the neutrality
laws as the occasion might require. Mr.
Charlton objected to the introduction of
this letter from the Attorney General as
evidence, since it merely announced a
suspicion against the defendants, and the
writer could not be brought here to tes-
tify. Mr. Charlton also objected to the
introduction of hearsay evidence or infor-
nation that the Dauntless was about to
undertake such an expedition.
Capt T. D. Fitzgerald and Deputy Mar
shal White were both sworn and their
evidence in subs tance was that the Daunt-
Jess was a good tug. that she is faster
than ordinary tugs, that she has engaged
in towing at several ports, that she is a
good sea going tug, that she came into
the port of Savannah on Aug. Is, and
shortly afterward went out to the bar to
look for vessels, that she towed one yes
sci to the city, and that she was at that
time lying at the foot of Montgomery
street along with four or five other tugs
which were there coalng. This was prac-
tcally the only direct evidence introduced
and the defense put up no witnesses.
Mr.. Charlton claimed that the proceed
ing was without precedent and insisted
that no evidence whatever had been intro
duced TO show that there was any inten-
ton on the part Of the captain or crew to
commit the crime charged. Mr. Erwin
argued that the letter from the Attorney
General and the hearsay evidence should
be considered since the proceeding was not
one to decide the guilt or innocence of the
defendants but simply a preventive meas
ure.
The commissioner decided not 10 con-
slider the hearsay evidence, It being based
on rumor and report, and as no evidence
had been submitted to show that there
was any intention on the part OF the mas
ter or crew TO violate the neutra .ity laws,
he decided TO release the men.
Don't walk too fast said Mr. Charl-
ton, as they were leaving the court room.
'or you may he arrested again"
The men returned GO their boat. no doubt
very much relieved. Senor Rafael dc La
go, the Spanish consul. was an interested
spectator during the proceedings lie has
kept close watch on the movements of
the Dauntlcss, ana has doubtless kept the
Spanish legation in Washington fully mo-
! uhcd So far as can be seen. however.
| there is nothing TO show that the Daunt-
| less has any other intentions than cngag-
| ing In legitimate towing business here.
II was stated during the proceedings
| that well-known member OF the Cuban
| junta was expected 70 bc In the city to-
/ day to confer with the crew OF the
! Dauntloss as Co the alleged expedition.
| but nothing definite on that subject could
| ho obtained
a.aa.