The times. [volume] (Richmond, Va.) 1890-1903, 1897-01-19
CUBA WINS In THE COURTS.
The Neutrality Lax Not Violated in the
Case Of the Three Friends.
II no STATE OF WAR IS RECOGNIZED
There Can Be No Violation of the Slatute
and the l. bel Can Not Hold-lhi- 'on-
tention of the Respondents >us-
tanned in the United states court

JACKSONVILLE, FLA, Jan. B.-The
Cuban insurgents won q decided victory
IN the United States Court this morning
as Judge Locke rendered decision Ia
the case Of the United States vs.. the
steamer Three Friends, for violation OF
the neutrality laws.
The libel affirmed that the Three
Friends was then and there furnished
fitted out and armed with one certain
gun. or guns, the number being unknown
and with the munitions OF war thereof.
with intent then and there. TO be EN-
ployed in the service of certain insur-
gents or persons in the island OF Cuba,
and with the intent TO cruise or commit
hostnities between the subjects. citizens
or property OF the King OF Spain on the
island OF Cuba"
RESPONDENTS EXCEPTION.
To this. the exception OF the respond
ents was that the said libel does not
show that the said vessel was so armed
or lifted out, or so furnished with the
intent that such vessel should be eul-
ployod in the service Of any body polite
recognized or known TO the United States
as 4 body polite
Tho answer of the Hbellant. the United
States Government. 10 the exception
was that the law. AS set forth in Section
52s3 Of the Revised Statutes. did not re-
auire that vessel that was subject TO
condemnation for violation Of the sec
tion should bo employed by any body
recognized or known the United states
as a body polite.
The point made by the respondent was
that the statute contemplated condi-
ton OF war already existing. and that
when no war existed. there could be no
violation Of the statute. The question
was then suggested as 10 how the state
Of war was 20 bo determined. and IT was
argued on behalf Of the respondents that
it could come only by action OF Con-
prese. IL was far beyond the power or
tho judiciary to determine the fact; IN
other words. that the insurgents must be
recognized az beuigerents before the
statute could be violated.
CONTENTION SUSTAINED.
The Court sustained the exceptions or
the respondents. and gave the lihellant5
ten DAYS 10 file an amended libel. II
a no.v libel IS not filed within that time,
the 81. 900 bond is TO be cancelled and the
vessel released.
no TRUE BILL"
General Emilio Nunez. the prime mover
I'm getting out an expeditions from this
country TO aid the Cubans I'm their
struggle for freedom. has no more 10
fear from the grand jury Of the United
states Court FOR the Southern District
of Florida for to-day the grand jury
reported that 1t had failed TO find a true
bin against him.
General Nuncz had been placed under
bond I'm the sum Of $1,000 by Commission
or Eacan last September on charge
of aiding I'm setting on foot the eXpedi-
ton alleged 20 have been carried out
from the New Jersey coast by the steam-
or Laurada Several negroes employed
on the steamer testified against General
Nunoz at the hearing before the Com
missioner. and it was ON their testimony
that Doe was held for the grand jury.
These same negroes. with five others, ap-
peared before the grand jury last Sat
urday and gave their testimony. The
jury was evidently not satisfied with this.
for to-day mo true bill' was the verdict
IN tho case.
For nearly two weeks tho grand jury
has been at work investigating charges
of violation of the neutrality laws
against every person connected with tt-
ting out the expeditions alleged 10 have
been carried from this port on the Three
Friends and Dauntless. The investga-
ton has been q farce from beginning 20
end. and when tho grand jury came into
court to-day. and made its final report
before being discharged for the term. no
mention Of any nlbustering cases was
made
The grand Jury reported that no true
bills had been found against the follow
ing persons who had been held by
United states Commissioners: james
Hawkins Buroft Raines Moses Royd.
NJ d. Crate. Willie Bah, Davis Boyd
Samuel Johnson and Emilio Nunez.