New-York tribune., 1912-02-25

-0"l sometime after the opening %. VIC
SoaDish-American War. when It was dis
missed. along with 10, Of others, by order
II Attorney General GnggS.
THE trial Of Captain Brabazon, which
L came I'D at about the same time as our
own and in which all Of us were interested,
illustrated the rare genius Of Horauo Ku-
hens. CAPTAIN Brabazon had preceded me
in command Of the Bermuda, and mad been
crested for irving TO get out 81 New orh
with the Garcia expedition. lie was prose
.,,red bv A--i-,an, District Attorney Hin
man who had him dead to rights. In pre-
sen-ing the GoycnwcntS $ case MI lin
man established all the facts connected with
the attempted departure Of The expedition.
.he seizure Of The arms, and The arrcS, ol
CAPTAIN Brabazon, along with General Gar.
ia and his companions, aIl ul Wnom 1.d
forfeited heir BAIL =,
This was a'l expected, but good sized
.na~ge of dynamite was exploded IN the
amp of ,h. loten-. when q Ne.re, Service
.ggn, testified .la, Captain Braoaznn aai
.g0fe,-ed. when somewhat un3or the 'n'iu-
.7.r of liquor. that ho knew ac was IN COM
nj yI "a -llbus,c~iug expedition, and that
his confession had been reduced ~ writing
nd sworn 20. This was The frs. animation
k-brn- bad that the Captain had made e
.onfession: for he bad been ashamed 30 aa-
nit II.
Though taken completely by -urprl.c,
Rubcns saw his way out 0t the muaa.,. In
WAYS oi which hr Was master, 1u, El'A"n.
making any definite statements, D" con
veved to the Iudgc and luy The ldea that
., the proper time D, would attack the aH-
-nr0,i.itv of The alleged .,u,c--lon. Hin
man got the same impression, and made me
fortunate mistake r, not putting I'D. .'n-
:r.,ian in evidence. From wha, had been
sid he figured that The Captain would go Dn
-1a stand and deny that he had made any
confession wns~euDDn be- expected 10 tear
.ra defense Il. pieces Rubpus encouraged
his belief bv stating 10 the |udgr IN open
-pr1~-. in response % question from lin
nan, which that gentleman considered
a1~yir. tha, The defense would not take up
more than half q day.
When the Government closed Us case,
RYbcns So, IF q bomb himself DE .nn'an.
ING that he would present no defense, me
inference being tha, the tUdo0.. miro
drr,d by the prosecution was So weak ma,
ne did not consider II ncCc-fary 20 ,o'Nnal
=. This altogether unexpected move Io'
Hinnan with a useless confession on DIS
hands: for. under the rule 81 legal pr'oc.-
du~e. there was then no way Of getting It
INTO the record.
Rubcns made the opening argument 10
The ilrv. He denied that there bad been
snv confession. 1T IS foolish 20 .uppo-e.
he said. with d courtly bow in he direction
Df Hinman, that So able lawyer as The
Assistant District Attorney would have neg
rec-cd 20 introduce such q damaging piece
n evidence. # il had been available.
Hinman -nccrcd audiDlv II his thrust,
and tossed the Captain signed confession
across the table 20 Rubcns, in theatrical
manner calculated 10 impress The jury.
Rubcns glanced through the document and
saw that the Captain had tod enough 10
send an the defendants 20 The pcni'cn,iary.
Without the quivcr Of an cyclash he
throw his head back and roarcd, There is
nothing in his" referring probably 10 the
method hat had been employed rather than
20 .hc Confession. though the jury got the
meaning De wished 20 convey. 81 ask the
.o--, ~ direct the jury 10 disregard this
whole incident except for the fact that the
Assistant District Attorney has acted IN
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