New-York tribune., 1906-04-13
JIMENEZ SUIT DROPPED
THROWN OUT OF COURT.
No Evidence That Agreement Vas
Fulfilled, Says Justice.

The suit to recover s25 600 brought by Joseph
l. Cunningham against General Juan Isidro Jine-
nez. ex-President Of santo Domingo. for alleged
services rendered in fitting out the Fanita flibus-
tering expedition in May. 1897 dismissed yes
terday by Justice Fitzgerald in the Supreme Court
on the ground that the evidence did show that
the agreement between the plaintiff and the de-
fendant had been carried out Through the testf-
mony OF Mr.. Cunningham, General Nelson A Niles
and the United States government were directly
involved.
Much Of the inside history Of the attempt Of
Jirnenez, General Morales and General Garcia 20
overthrow President Lilias Heureaux WIS brought
out
The implication Of General Miles came when Mr.
Cunningham testified that he had offered TO Sc.
several we'll known United States officials and poll
ticians and obtain from them aid to fit out the ex-
pediton. and in return sanana Bay would be
turned over TO the United States as coaling sta
tiOn. He identified letter written by Jirnenez
on the official paper Of the House OF Representa-
tves. TO General Morales The witness said there
was cipher code between him, Jimenez aud the
War Department. and that in one Of these dis
patched Jimenez urged Morales TO confer with
Miles.
e. P. Phillips. counsel for Cunningham. asked
who Miles was and the witness replied General
Miles late commander OF the United States Army
Continuing, he said he had led to believe that
the Fanita was going to Cuba, ana had know1-
edge at the time he helped Morales and Jinenez
that she was bound for Santo Domingo
Have you any idea why he Captain Hall OF
the Fanita) sailed for Monte Cristi?'
We'll General Grant when President was very
anxious to seize Santo Domingo, and had plans
drawn for its seizure. These plans contemplated
starting from Monte Cristi. and suppose Umenez
decided to carry out these plans"
Perry Allen, representing Jnenez cross-examined
the witness at this point. He asked whether the
witness had communicated with the United States
government when Jimenez was arrested and Mr.
Cunningham said that he had seen United States
official on the subject.
What did you tell that official in Washington
when you saw him?' asked Mr.. Allen.
Cunningham said he told the official that Jirnensz
had been arrested at the Island OF Mariguana and
that he wanted everything done for him by the
United States government that he could.
Under examination Mr.. Cunningham admitted he
was interested in the expedition to the extent OF
$4,000 or 100000, and said he had made advances
out Of his income, which then amounted at least
$4,000 a month. There was considerable amusement
when in reply to question Mr.. Cunningham said
ne did not know Captain Hall well before the expe-
dltion, but too well before got away from him.
The cross-examination continued:
oca4. ou say say you went to see several government
Washington What was that for? A.-Why / in
made trip TO Philadelphia Then I went TO Mobile.
When presented my claim for $4,000 for all my
was working for Uncle Sam. and that ought
Q.-was it not for your trip TO Washington when
you got these arms and ammunition from the
paid by Jimenez? Al could not get them from
the government It would be physically inlpossib BILE
for me 70 do So may have opened up the means
Of getting them.
Q.-I want TO know how you earned the s25 600
in Washington. A.-By nv work for Jimknez and
my interviews with several officials OF the United
States government. introduced him TO these peo-
pie and asked them TO do the best they could for
hlH sHsi
The witness then cross-examined in regard
10 certain details Of the expedition Allen asked
the witness if he had ever been in the employ Of
the United States government. and he replied that
he had been postmaster and had also done some
work in the Spanish h-American War for which ne
had been paid.
O-Did you render any service 10 the United
States government with regard the procuring
OF these arms Al may have rendered services /
the United states government with respect 10
getting the for JimeneZ. by whom en-
ployed secure them
Q,-What then. were your servCeS2 A.-WeN /
tried 10 get ships for the War Department
O-What services did yOu render with regard TO /
these arms? Al rendered services 20 the |
United States government Ny services We're rem
Odd YOU inform the United States government /
what was the real purpose for which these arms /
we've to be used? Al told the government officials
they TO be used TO help Gomez
After a copy OF the agreement setting forth that
SIS 900 was TO be paid for funds advanced for the |
furtherance of Santo Domingo 10 Joseph l. Gun |
ninghan was admitted evidence, Justice Fitzger-
aid dismissed the complaint the ground that the
money was to be paid conditonally upon regular /
government being established in Santo DonllnSo oy /
the revolutionary party within TWO months. ana I
that proof had been presented 10 est2nIsh that