Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-02-02
THE THREE FRIENDS.
s'PREME COURT WILL REVIEW
JUDGE LOCkE's DECISION.
PROSECUTION FOR PIRACY.


WASHINGTON, February l.-Attorney-
General Harmon to-day submitted to the
Supreme Court Of the United States his
petition for writ of certiorarl to bring
up at once for review here the record OF
the United States Court i'm Florida in the
case of the fihbustering schooner Three
Friends" Notwithstanding the appeal of
the case to the Circuit Court of Appeals.
He coupled with the petition a motion 10
advance the case for an early hearing,
despite the fact that the court was about
to enter upon the February recess. The
Attorney-General spoke of the Importance
OF the case. and the necessity for an
early decision, saying the questions in
volved were likely to arise at any time on
the Atlantic coast. The rights of indi-
viduals he said, sank into insignifcance
in comparison with the public interests at
stake.
The owners Of the vessel. he said,
ought not to- object to the issue of the
writ, because, If their contention was
sustained. an early adjudication would
certainly not injure them. while If the
case went against them the value Of the
small boat was all that was involved. w.
Hallett Phillips, of counsel for the appel
lees, argued that the writ should not is
sue, because there was nothing in the
record TO show that the case had yet got
into the Circuit Court Of Appeals, whence
1t was sought to bring it to the Supreme
Court of the United states.
After taking time for consideration the
Chief Justice announced that the petition
had been granted, and that argument
would be heard Monday, the 18th instant.
PROSECUTION FOR PIRACY.
WASHINGTON, February 1.-Attor-
ney-General Harmon has instructed the
District Attorney at Jacksonville. Fla,
to proceed against the steamer Three
Friends as a pirate. The prosecution
will be against the vessel, and not
against the officers and crew in accord
ance with section 1919 Of the Revised
Statutes. which reads as follows:
ANY vessel built. purchased. fitted out
in whole or in part, or held for
the purpose Of being employed in the
commission Of any pratical aggression,
search restraint depreciation, or seizure
or in the commission Of any other
act of piracy. as defined by the law of
nations. shall be liable to be captured
and brought into any port Of the
United States. If found upon the high
seas or 10 be seized If found in any
port or place within the United States.
whether the same shall have actually
sailed upon any piratical expedition or
not and whether any act of piracy shall
have been committed or attempted upon
or from such vessel or not; and any
such vessel may be adjudged and con-
demned II captured by a vessel autho-
riZed as hereinafter mentioned, to tho
the captors IL seized by a collector or
marshal of the United States"
The purpose Of the Attorney General
in bringing the prosecution is largely
to test the opinion recently given by
Judge Locke, of the United States Court
at Jacksonville, In the case of the
Three Friends. In dischargng her Off
GERS from custody, Judge Locke held that
there was no state of war I'm Cuba,
and the Three Friends was not there
fore engaged in a political mission.
According to the understanding at the
Department Of Justice, this opinion
amenable TO prosecution for piracy.
granting that the statements made
through certain New York newspapers
are true-that she was armed and fired
upon a Spanish vessel, for If her mis-
sion was nOn-political, she was engaged
in armed attack on or resistance to "A
friendly State.
The prosecution has an additional in
terest from the fact that the case will
be heard before Judge Locke. None
here, however, believe that the yarns
about the unarmored tug-boat training
a solitary Hotchkiss gun on we'll
equipped Spanish gunboat can be sus-
tanned by the slightest fragment Of
proof