Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-09-24
Charged With Being Interested in a
FilibuSterins Expedition.
ASAlLOR'S DAMAGING TESTIMONY
Declared Ammunition Was
Shipped.

Spain, in Philadelphia, about August
9th, was taken up on Saturday in the
United States circuit court, United
States Commissioner S. Redmond Smith
sitting.
United States Senator Gray and III.
II. Ward of this city ard Horace l..
Cheyney of Philadelphia, appeared for
Murphy, and United States District
Attorney Vandegrift conducted the
prosecution.
President John d. Hart Of tho Hart
Steamship Co., of Philadelphia, and
Capt. W. W. Kerr, who is counsel for
the company, were in attendance, as
was also j. p. Kennedy Bryan of
Charleston. who defended Capt. Hughes
10 the case against the Laurada in that
city.
At 10 o'clock, the time at which the
case was to have been called, the court
room was well FLIED with spectators,
mostly Cuban sympathizers. Among the
spectators were Mrs. Ralph De Soto
and Mrs. John M. Taylor.
ii. Ii. Ward, who opened the case.
referred TO the warrant, which had
been issued at the instance of DIR. Con-
gceto, the Spanish consul in Philadel-
phia. He held that while the warrant
upon which the arrest was made was
based on the belief of the person who
had given the information, proceedings
should have been begun in some other
way. He quoted from a law, which
appeared TO substantiate his claim that
the person giving information where a
warrant is issued in such cases. must
have personal acknowledge of the alleged
offence. Mr.. Ward held that the nature
of the warrant was not in accordance
with the Constitution, claiming that
mere belief OF the affiant Ia insufficient
cause for issuing a warrant. On this
ground he made motion that the
warrant be quashed.
District Attorney Vandegrift, who
followed Mr.. Ward, commended that the
proceedings were regular, the warrant
having been sworn out by DIR. Con-
gosto, who acted on information he had
received. Mr.. Vandegrift thought Mr..
Wards motion should be discharged.
Mr.. Vandegrift contendad that the
warrant could be issued or belief The
affidavit, he held, is only one part of
the complaint, and that the affidavit
absolutely comes within the strict
letter Of the law. The Spanish consul
simply AYERS that the charges he makes
are so.
Senator Gray replied to Mr.. yande-
grift. He made strong argument, in
which he stated that the case was deal
ing with the liberty of the accused,
and contended against depriving Cit.
zens Of the United States Of their lib
erty. He quoted from the fourth
article of the Constitution Of the
United States, which secures to Ameri.
can citizens their rights and provides
that no warrant shall issue, except
upon probable cause supported by oath
or affidavit. He also quoted authori-
ties on the subject "If you say there
is probable cause" the Senator said,
then he capt. Murphy must be
brought to trial, but il there is not
probable cause, then he should not
be brought 10 trial." He further
stated that while he wanted to see the
good name Of the country preserved,
he did not want to see the humblest
citizen deprived of his liberty without
cause. We are not to have this con.
stitutional privilege taken away from
US.
The Senator quoted the part the
warrant in which DIR. Jose Congosto
is credibly informed, verify believes
aud therefore avers' fact upon which
the court is called upon to decidc
whether or not the accused can be held,
At this point the Senator became very
emphatic
Commissioner Smith refused tc
quash the warrant, on the ground
that he believed Commissioner Ed,
munds of Philadelphia, who had issued
the warrant, had MAIDS the proper in
yestigution, as required by law.
James +. Burns, an aged clerk in
the Philadelphia custom house, was the
first.witness. He testified to clearing
the Laurada on July 18th for Jamaica,
and that she returned and she wa,
cleared for this city.
Charles Clipperton, British vice
consul in Philadelphia, was also put OF
the stand. He stated that he issued
bill of health to the Laurada on Jul,
18th, when the clearance papers were
issued to the boat in order that sh,
might enter Port Antonio, Jamaica,
British port. He denied knowledge O
the boat coming to WILMINGTON.
George L. Townsend. collector Of tn,
port of Wilmington, told of the entranc,
and clearance of the Laurada OF
August 9th, which did not differ from
what has been published in Th,
Gazette. Mr. Townsend produced th,
papers, as had also Mnssrs. Burns anC
Clippert0n. They were offered in evi
dence by Mr.. Vandegrift. lie STATED
that when the boat arrived here tn,
captain asked for clearance paper
before entrance papers were received.
George COwley, colored, of PhiladeI
phia, IN able bodied seaman, who wen
aboard the Laurada from the steame
Bermuda on August 18th, said that b,
was engaged On that day to shiI
on the Laurada. The boat, he said
called up at Greenwich. At vii
mington the chief officer and crew
of the boat boarded her from
tug. He also testified four yawl boat
being taken aboard from tug in th,
bay at . O'Clock in the morning. Abou
3 O'Clock in the morning the boat ra,
out to sea and steamed along until Sat
urday night, it having left on Thurs
day. Early Sunday morning be said,
steam launch. tho Richard X. Fox
came alongside and men asked fa
something TO eat. He also saw tn
tugboat Dolphin towing a barge. II
alleged that q men and number o
boxes were taken on board the Laurada
The Laursda then proceeded. Tn
witness said that he saw rifles and tw,
cannons in the boxes, and noticed tn
men opening the boxes and sewinJ
bags. There waH man on boar
which the men called general" AM
another they called captain.
The witness thought the general