UNITED STATES 'U. 214 BOXES OF ARMS, ETC. 51
States,which, so far as applicable to this case, provides that every per-
son who, within the limits of the United States, attempts to ht out and
arm, or is knowingly concerned in the furnishing, fitting out, and
arming, of any vessel, with intent that such vessel shall be employed
in the service of any foreign people to cruise or commit hostilities
against the citizens of any foreign state with which the United States
are at peace, shall be punished as provided by law; and that all the
materials, arms, and ammunition which may have been procured for
the equipment of such a vessel shall be forfeited.
The case of the prosecution is claimed to be that the steam—tug
Mary N. Hogan, lying in the port of New York in July last, was
made ready to be sent out to the waters of Hayti to cruise and com-
mit hostilities in those waters, as a gun-boat, in behalf of the insur- I
rectionists of that island, against the republic of Hayti; and that the
two cannons, the cases of hre-arms and ammunition, and the kegs of
gunpowder, which were seized on board of the Irwin under process of
this court, were intended to be put upon her as her armament and
outht, and to have been taken on board of the Hogan from the Irwin
at some point on the Atlantic seaboard near Hog island or Hampton
roads; and that they were shipped at New York on the Irwin for that
purpose; and that Capt. Dodd, the master of the Irwin, knew of such
character and destination of this part of his cargo, and therein will-
ingly and knowingly assisted in the attempt to arm, fit out, and fur-
nish the Hogan, although it is conceded that he was ignorant of the
particular steamer which he was thus to aid in furnishing, and of her
name. The prosecution have produced evidence tending to prove,
amongothers, the following facts, namely: I —
On the fifteenth of March, 1883, an expedition left Philadelphia on the
steamer Tropic, with arms and ammunition, nominally bound for Kingston,
Jamaica. The steamer, instead of going to Kingston, went to the island of
Inagua, lying) between Hayti and Jamaica. There she took on board Gen.
Bazelais, wit some 75 armed men, and afterwards took on about the same
number of men from an English steamer at sea. She then proceeded to the
port of Marigoane, Hayti, with all men, arms, and ammunition, and landed
them about daybreak, when, under the command of Gen. Bazelais, they suc-
cessfullyinaugurated the rebellion against the government of Hayti, which
continued to maintain itself through the year 1883. This Gen. Bazelais had,
before leaving Jamaica, supplied one Simon Soutar, a merchant of Kingston,
with money for purchasing arms and ammunition. Those which went out
on the Tropic were purchased in New York by one Henry A. Kearney, on
S0utar’s order, from Joseph W. Frazer, a dealer in such goods, and were
shipped by Frazer to Philadelphia, and shipped by Kearney at Philadelphia -
on the Tropic. The master and mate of the Tropic were afterwards tried in
Philadelphia, and convicted and sent to the penitentiary for the violation of
section 5286 of the Revised Statutes of the United States, of which they were
found guilty. See U. S. v. Rand, 17 Fan. REP. 142. Early in the summer
of 1883 Soutar appeared in New York, and was in conference with Kearney,
Frazer, one George W. Brown, and one Wellesley Bourke. Kearney had
been vice consul of the United States, during some years bef0rei1883, in
Hayti. Afterwards he had been consul of Hayti in New York. Brown had
conducted business in Jamaica, and knew Soutar, and had known Kearney for