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

mllitary enterprise 10 ne cSrrled on
from the territory or waters OF the
United States; that such enterprise
was to be carried on against the ter
ritory or dominions OF tho King OF
Spain In the island OF Cuha; that the
United States was at peace with Spain
at the time the defendant go prepared
means; ana that the defendant knew
at the tina he prepared such means
tho character aud purpose OF such
enterprisp.
Providing the means Of transportation
for military enterprise to be carried
on from ths unitnd States against
Spanish rule in Cuba, within the
meaning oil section b2S6 OF the Revised
atatutes Of the United States, under
which the defendant has been indicted,
is preparing tho means for such mill
tary enterprise 10 he 30 carried on,
and, II done With knowledge, on the
! part of the person go providing the
neans of transportation, cf the charac
| ter and purpose OF such enterprise, is
denounced by the statute. Ii you
shall be satisfied b, the evidence in
| the case that the men taken on bonrh
| OF the Lnurada on the high seas of
| BRrnegat constituted military enter
| prise, as hereinafter defined, from this
| United States against tho Spanish
authorities in Cuba, and, further, that
| tho defendant with knowledge of the
I character and purpose OF ouch enter
| prise, and with intent to furnish trans
portutiun for il, took the lauarha with
her crew from Wilmington to the place
Of transshipment on the high seus OF
BarneeRt, you should rendsr verdict
of guilty. But unleas you should be
satisfied from tho evidence in the case,
hoyond reasonable doubt, that all OF the
requisite ingredients or elements of
| the alleged offence existed, you should
render verdict Of not guilty. The
broad purpose of section 1886 is to
prevent complications between this
government and foreign powers. 1t is
not the intent of that section in any
manner to cheui or Interfere with tne
commercial activities OF citizens of the
United States or Of others residing
within the United States and Interested
10 commercial transactions. 1t is not
an utfnnGe against the United States to
transport arms, ammunition and mu-
nitions of war from this country to any
foreign country whether they are to be
used in war Or not; nor is it an offence
against the United States for indi=
viduals 10 leave this country with
intent to enlist in foreign military
service; nor ia it an offence against the
United States to transport persona out
OF this country and land them in
foreign countries although such ner
sons have an intent to enlist in foreign
armies; nor ia il an otfeuce against the
United States 10 transport from this
country persons intending TO enlist in
foreign armies and munitions of war
in the came ship. The purpose Of the
section in question ia to prevent tho
use of the soil or waters of the United
States as base from which military
expeditions or military enterprises
shall be- carried on against foreign
nowers with whom the United States
ia at peace. What it prohibits is a
military expedition or military enter-
prise from this country against any
foreign power at peace with thu United
States. 1t does not prnhibit the trans
portation from this country in the same
ship OF few or many men whose known
intention before leaving our shores is
to engage in hostilities against the
Spanish forces in CUBA, provided that
ouch men do not constitute military
expedition or military enterprise
against the dominion of the King Of
Spain in that island. Ii they go from
this country to Cuba merely ma in.
dividuals and without concert of action
between them. although for the Dur-
pose of taking part in such hostilities
no crime or offence against the United
States attaches to anyone who has pro.
vided the means of their transportation
with full knowledge at the time he
provided such means of their purpose
in securing auoh transportation. But
if the men gu transported are SO com
hined and organized as to constitute a
military expedition or military enter
prise against the dominions of the King
OF Spain in Cuba, the furnishing OF
the muana OF transportation with
knowledge, on the part of the pnreon
furnishing such means, of the charac.
tor and purpose of such expedition or
enterprise is an offence against the
, United States punishable under tho
section in question.
The judge defined the difference be-
, tween a military enterprise and mill
, tary expedition.
The judge spoke for nearly two
! hours. reviewing tho testimony and
, defining the law. In conclusion, he
said:
1.-THE guilt or innocence OF the de-
! PENDANT ia to be determined by you as
; Intelligent and conscientious mon,
: upon the evidence adduced in this
! cass, and upon that alone. No public
. clamor. no sentiment of hostility or Of
a sympathy, no consideration of conse
Q quences which may result from your
verdict, should be permitted in any
{ manner to influence your deliberations.
9 You will we'll and truly try the traverse
Z joined between the United States Of
. America and Edward Murphy. the de
| PENDANT, and true verdict give
' according to your evidence. The coun
t sci engaged in this case have we'll anc
. faithfully performed their duty. The
3 court now closes its charge to you.
] Upon you rests the grave responsibility
] of deciding this cese according to thu
! facts under tho law 40 laid down Il
, you by the court"
The jury retired at IL. 10 o'clock ant
i. at 70. so returned TO the court room ant
Q announced that a verdict Of ''uo
4 guilty" had been reached Ths an
8 nouncement was received with expires
q siohs of delight on the part of tn,
a throng present. Many in the room
. were ladies and they we're very mucl
o interested in the reault
q ---------<u-------
= AS to the Alleged Railway Deal