Evening journal., 1896-10-10
CAP TAIN MURPHEY HELD
Argument Resumed Before
Commissioner Smith To-day.
HE MUST GO TO PHILADELPHIA

commissioner Smith To-day.
HE MUST GO TO PHILADELPHIA
THE CASE WILL COME UP BEFORE
JUDGE WALES NEXT WEEK.
THE EVIDENCE HERE WAS
VERY WEAK
The hearing in the case OF Captain
Edward Murphey. for filibustering. was
resumed this morning before United
States Commissioner Smith District
Attorney Vandegrift opened the case
for the government. and after reciting
the law in the case moved 20 have the
charge referred to the district of Penn
sylvania. Mr.. vandegrift said there
was absolute proof that Captain Muir
phey did violate the neutrality laws OF
the United States by having abetted a
tlibustering expedition against Spain,
country with which the United States
is at present at peace. The district at
torney then read the testimony of the
witnesses in the case, and said that
Captain Murphey knew well that when
the Laurada started from Philadelphia
his destination was Port Antonio. He
also knew that tugs and lighters were
to meet him on Atlantic City
Commissioner Smith interrupted Mr..
Nandegrift and said what he wanted
was absolute proof whether the Lau-
rada made the agreement TO carry arms
TO Cuba In Philadelphia or in Whining
ton II the agreement was made in
Wilmington, he must discharge the
prisoner, but II he drew the papers in
the city OF Philadelphia, then he must
hold Murphey for the Philadelphia au-
thorities
THE manifest showed" replied Mr..
Nandegrift, that the steamship did
make the agreement In Philadelphia,
and she cleared there for Wilmington
and then made application for papers
at this port for Port Antonio. This
alone shows that her destination was
Cuba and her agreement was to carry
arms. OF she would not have taken out
papers at this port and Philadelphia.
There is no evidence TO the con-
trary and ! have showed why this man
should be held for the Eastern Court
of Pennsylvania. according TO the testi-
mcny Of the witnesses and the officials
at this port and Philadelphia. There
is suucient evidence to show that the
Laurada was bound for Port An
tonic"
...r Smith again interrupted the dis
trict attorney, and told him he must
prove to him, and clearly. that the
agreement was made in Philadelphia
This was the chief point in the hear.
ing, and 80 far II has not been proved
r. Nandegrlft made an eloquent ap
/ peal for the government and closed
/ stating that the case was clearly prove,
to his mind that Murphey did carr.
: arms to Cuba and should be held fol
the Eastern Court OF Pennsylvania.
II. II. Ward, counsel for Captain
Murphey, opened the case for the de.
fendant and after reading the evidence
Of J. n. Burns, clerk in the clearance
office IN Philadelphia, and A. IA. Clip
perton, British vice-consul, argued that
these men testified that after the Lau-
rada left Philadelphia for Wilmington
the authorities there did not have any
thing to do with the vessel, and there
fore there is no evidence TO hold Muir.
phey on the charge of flibustering
Inc government has not proved that
the steamship did load arms for Port
Antonio. In the first place there is nc
Pennsylvania to hold this man.
Mr.. Gray. senior counsel for MUIR
phey, said there was no probable cause
In this case and that the captain OF the
Laurada could not have had means tc
equip his vessel as a filibuster. IF you
do send this man up 10 the Eastern
Court OF Pennsylvania" he said. "therC
Is no evidence TO convict him. The only
40. 4 u I.I
and save the trouble Of a trial befor,
those authorities. There is no evidence
against this man, and there has been
no judicial jurisdiction from the Phila.
delphia authorities against the prisoner
so far. AS the district attorney says
there has, If the offense was committed
In this district and the agreement
signed and made out here and not in
Philadelphia. Il is for you to decide
whether there is a case against him ol
not
III Captain Murphey did take mel
and arms to Port Antonio, what does
the Supreme Court of the United States
say in the matter? If a captain OF an,
vessel carry arms and men to q coun
try which is at war, he has a perfec
right to do SO, because honor is al
stake"
Mr.. Gray closed the case.
Mr.. Vandegrift made the closing ad
dress for the government. and moved
to hold Murphey for trial before th'
proper authorities in Philadelphia.
Commissioner Smith said that he wai
/ not satisfied with the evidence, but ac
cording to law he must hold Murphe!
for court in the Eastern district o.
Dhflodolphfo ne fha offouaa xvoc com
mitted there.
Judge Wales will hear the case mex
/ week. Captain Murpheys bail wal
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