Melville Fuller

“ The definitions of the lexicographers substantially agree that a military expedition is a journey or voyage by a company or body of persons, having the position or character of soldiers, for a specific warlike purpose; also the body and its outfit; and that a military enterprise is a martial undertaking, involving the idea of a bold, arduous, and hazardous attempt. The word 'enterprise' is somewhat broader than the word 'expedition' ”

“ That if the jury find from the evidence that the passengers and boxes of arms did not constitute a military expedition or enterprise, but that the said passengers were simply going to Cuba to enlist in either army, and the said arms and ammunition were being conveyed to Cuba to be used by either army, then the jury are instructed that the defendants, in transporting them in due course of their business, committed no offense against the laws of the United States ”

“ If the evidence of the defendants' guilt is not entirely clear, they should be acquitted. If it is thus clear, they should certainly be convicted. No sympathy or prejudice must be allowed to influence your minds in passing on this case. We have nothing to do with the controversies between the people of Cuba and the government of that island. We are concerned only with the execution of the law in this case. We have only to consider whether the statute to which your attention has been called has been violated. It is our duty to see that the law is honestly and justly executed ”

“ That it is not an offense against the laws of the United States for a shipper to ship arms to a foreign country, or for volunteers to go to a foreign country for the purpose of joining in military operations which are being carried on between other countries, or between different parties in the same country. ”

“ The men would have been subject to arrest, and the property to sacrifice. Is it probable that those in charge of such an enterprise would take the men and property to this point without having secured certain means of transportation for it in advance? The captain says he was ignorant of the service required of him until he reached the point near Barnegat. You must judge whether he should be believed or not, and, from all the evidence, must determine whether the defendants left here with knowledge of and provision for what they were about to do. ”

“ The evidence shows that the nature of the enterprise was apparent at this time, and the jury may not unreasonably have inferred that the captain received the men and their arms, entered upon the hazards of the voyage, and quieted the complaints of the firemen, with an equanimity springing from a mind previously made up on the subject. We deem it unnecessary to go over the evidence. ”

“ If they had so combined and organized, and yet intended when they reached Cuba to join the insurgent army, and thus enlist in its service, and the arms were taken along for their use, they would constitute a military expedition, as before described, and the transportation of such body of persons from this country for such a purpose would be an offense against the statute. ”

“ International law is necessarily incapable of being defined and laid down with the precision attainable by municipal law. The question is one of intent, and it is the duty of a neutral government to exercise due diligence in ascertaining what the real character of the transaction may be. ”

“ The Horsa was a Danish steamer, sailing under the Danish flag, and defendant Wiborg, its captain, was a subject of the king of Denmark, as were also his co-defendants, as claimed by their counsel.
The Horsa was engaged in the fruit business for John D. Hart & Co., of Philadelphia, and on November 9, 1895, cleared from Philadelphia for Port Antonio, Jamaica. She had on board but little cargo, consisting of two lifeboats, a lot of empty boxes and barrels, two horses, some horse feed, bales of hay, and boxes of corm, all of which were entered on her manifest. ”

“ Wiborg sold the men one of the ship's boats. As one of the boats leaked, another was lowered from the ship. The passengers took to the boats, taking with them all the ammunition and arms they could carry. The steamer then undertook to tow the boats, but a strange light was seen in the distance, and, at the request of the men, the captain cut the boats loose, and started away at full speed. Some 40 boxes of cartridges had been left on the Horsa, because there was no room for them on the boats ”

“ Justice Washington, speaking for the court, that, 'where two or more persons are associated together for the same illegal purpose, any act or declaration of one of the parties, in reference to the common object, and forming a part of the res gestae, may be given in evidence against the others.' The declarations must be made in furtherance of the common object, or must constitute a part of the res gestae of acts done in such furtherance. ”

“ She took on board at Philadelphia two boats entered on the monifest as for Port Antonio, but intended for, and ultimately devoted to the use of, the party sae transported. The captain received at the wharf written instructions, which he did not produce on the trial, and says he did not keep when he left the vessel, but in accordance with which he went north off Barnegat, anchored outside the three-mile limit, and awaited orders. ”

“ We see in them nothing which could properly be regarded as prejudicial to the defendants.
6. Other assignments of error relate to the admissibility of declarations of members of the party, during the voyage, as to their destination. One of the witnesses for the prosecution testified on cross-examination 'that he had spoken to a couple of those young fellows there, and they said they were going to Cuba.' On redirect examination he was asked: 'Did they tell you where they were going?' The answer, which was objected to, was: 'They told me they were going to Cuba. ”