The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-03-22
HAS DONE ALL 1T COULD.
Continued from Eighth Page.)

Col Nunez in Jacksonville. He IS looked
upon as a sort of professional witness in
these matters in behalf of the Spanish
| government.
Albert Butler cook on the Dauntless on
that trip Said he was asleep when the tug
arrived at Woodbine and knew nothing
about what was done. He did not see
any coal, delivered to the Dauntless. He
was out at sea on the trip and did not
know whether the tug went to Cuba or
Navassa or not When asked what he
was doing all that time he said he was
down in the kitchen tending to his bust
ness. He said he did not have TO cook
any more after leaving Woodbine than he
did before
More testimony will be taken at 1880
o'clock this morning
In granting the motion for continuance
In this case Judge Speer said from the
bench:
1t is altogether appropriate for the Dis
trlct Attorney to insist in this case that
ii shall be speedily disposed of, and tried
in contemplation of law with sole regard
10 the statute which is said to have been
violated and with regard to the facts Of
the case. No other consideration such as
International complication or pubic ex-
element should find its way into this
court Here the only questions are. has
the law been violated; do the facts suffici-
entity show such violation as will Justify
the imposition of the penalty of the sta
tute.
While that Is true, it Is also true that
the case is TO be tried under our system Of
government precisely, with as careful ie-
gard for the rights of the defendant. as
IN any other case, as in the case we may
say, between two citizens for the litigation
DriVafa Ticphf
IN an ordinary case that if the defendant
is confined to bed of sickness and can
not attend court, his counsel stating in
ms place he cannot safely go to trial with
out ms presence, TIE facts being uuds-
puted the court will be obliged to continue
the case. Here is man who is the owner
as 1t appears, of this vessel. 1t is true it
IS not a proceeding against him directly,
but 1t is a proceeding to forfeit his prop
erty amounting to many thousands of dol
lars IN value. No doubt his attention has
been anxiously and perhaps exclusively
devoted to the consideration of his de-
Tense for many months. He has heard
similar cases tried. He has listened TO the
testimony of the identical witnesses the
government will produce. His presence at
the trial, if it can be had, is absolutely es-
sential to the maintenance of his defense,
II 1t can be maintained, and | think there
loAC tHdt vi CIldl ground alone the count
Is obliged to grant the continuance. 1t is
said that he may never be better. That
is IN the hands of a higher power. We
will not presume that he viii die
Il think the government has done all it
can to show its disposition in this case
to enforce due regard to its laws for the
protection of a friendly nation. In this
case 1t has even gone to the extent during
the last administration of designating and
qualifying as an assistant United States
attorney to prosecute this case an attor-
ney who is the regularly employed couu-
sci for the Spanish government. This gen.
tleman is now in court acting as an off,
Ger of the United States and aiding in the
prosecution Therefore there can be TO
suspicion that the government is indis-
posed to enforce its laws in these con-
troversies. But in it's own courts it must
enforce its laws with due regard to the
rights of the citizen, and he must have
the opportunity of making his defense. So
the case will be continued"