Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-01-20

leas cGme alongside.
Jusephs Nichols, colored, who was
meRsboy on the Iaurada, testified that
he saw Gen. RolotT, Col. Runez and the
| valet of the general on hoard tho Dol
pbin ana n men on the Richard X.
Fox, who came aboard the Laurada.
They left Baruegat on August 9th and
reacned Navassa August 21st. lie
thought it very long trip. He was
still on the stand when court adjourned
| until 10 O'Clock Friday morning,
When court reeunvened Friday morn
| ing an hour or more was occupied in
argument on the admission OF the tes-
| timony givon by Joseph Nichols Thurs
day afternoon that the captain of tho
! Dauntlesa told him that the boxes and
men, which had been taken from tho
Laurada, had bssn landed OH the Island
OF Cuha.
II. IL. Ward, for tho defence, held
that any conversation pot in the pres.
ence of Capt. Murphy could not bind
him, and That therefore fhs testimony
in question was not admissihle.
District Attorney Vandegrift argued
for tho admission OF the testimony,
contend.ng that il was proper to show
the existence of q combination.
Senator Gray closed the argument on
| oh jsuiing to the testimony.
Judge Bradford decided that prima
facie case OF an expedition for some pnr-
poRe had been made and decided to
admit the testimony to show the intent
and purpose of such expedition. The
statement made by the captain Of the
Dauntless bad been made, not after the
socnud and last trip, but after the first
fri Tim ,,f fha cvN.Jif ipt,
would not, however, incriminate the
defendant, for the government must
show that tina defendants connection
with the expedition WAS ono which
rendered him liable under the statute.
Senator Gray noted an exception to
tho ruling.
Wiliaul j. Bruff of New York City
testified that on August sth, 1896, he
delivered to Pier No. 80, Now York,
rifles, cartridges cannon ami sundries
to the ralue of about $50, 600. Among
the items were the following 2, 100
Remington rillea, and $50 Remington
carbines, $50 Mausser rifles, 700, 600
43-cRibre cartridges, 30, 600 4i-calibre
cartridges and more than 100. 600 other
cartridges, 10 Gets OF pack horse har-
ness wires and batteres.
Continuing the witness said there
were two llotchkiss cannon and am
munition for them, 80 pounds of vas
| saline, IL revolvers, 200 grain sacks,
shopels and pickaxes
Upon cross examination by Senator
Gray, Mr.. Brulf said these things were
sold to man named EBten. He could
not say positively whether they went on
board the Laurada.
At the afternoon session OF court
OrBea Horton testified that he was at
Atlantic City on August sth, 1896, and
saw the Richard X. Fox take party
Of Is men out to sea. The Fox was
under tho command of John Birch, a
ssa captain. He testified TINT John ID.
Hart of Philadelphia, gave the orders
to the officers of the launch Fox and
the men that were tnksn to sea, to cast
OIL the lines and go to sea.
Joseph Nichols, VINO testified on
Thursday, was recalled and testified
he was standing under the bridge OF
tho hauradn, in company with Capt.
Murphy and tina captain Of the DRunt-
less, and heard the captain of the
Dauntless say he had landed in Cuba
and that he had been CHASED by a
Spanish gunboat.
Capt Jamea Rand was recalled TO
chow that Capt, Murphy had charge
from the time he left Wilmington until
the boat reached Port Antonio.
Deputy Collector of Customs Ayars
testified that he delivered the clearance
papers of the Laurada for Port Antonio.
lie found no cargo aboard.
George Roberts, colorsd, testified that
he was one OF the crew Of tho Laurada.
He described the transferring of the
nd
point to the baurada. He said that tho
Cuban pilot who was one of the party
who came aboard oil the launch Richard
X. Fox, told him that they we're going
TO fight the Spanish in Cuba. Roberts
said that Capt. Rand, Gen. Ruloif and
another man searched the Laurada at
Nayasaa TO lind the two stowaways.
a fter the onening of lourt on Satur-
day, Judge Bradford reverted to HIS
decision OF Friday when he admitted
testimony of Joseph Nichols, simply as
to the intent or purpose OF tho eXpadi-
tion. Since giving that decision, it
had appeared that Capt. n urphy was
present at the time tho statement OBJ
iected to was made. Therefore that
statement can 60 in for whatever ii is
worth.
District Attorney Vandegrift an
nounced that Collector of the Port
Cooper had carried oil the list of articles
in the ship list Of the Laurada when
that steamer cleared, and asked that he
be allowed 10 put it in evidence when
he secured it.
Senator Gray offered no'objection.
After calling the attention Of the
court to certain statutes with reference
to clearance papers and cases when
veesels do not enter tho port for which
they have cleared, the district attorney
closed for the government.
For the defence, Senator Gray sub
mitted motion for a peremptory
charge by the court to the jury to
acquit the defendant. on the ground
that there was not sufficient evidence
submitted by the government to warrant
it's submission to the jury. The con-
tention of the defence is that the evil
dence submitted is as consistent with a
lawful act, the carrying of contraband 4
goods, as with the offence charged, the
furnishing of msans for military ex-
peditien.
Senator Gray said he would discuss
general grounds and broad principles OF
iurisprudsnce. After reading the pro-
visions under which the Indictment had
been brought he said that the govern
ment must show, without doubt that
there was a military expedition, for
which the defendant knowingly pro
rided the means. The government must
show some organization and that it was
within the jurisdiction OF the court.
The statute was never intended to
interfere with the commercial interests
of the United States. The neutrality