Evening journal., 1897-09-27
De SOTO MUST PAY.
Judge Bradford Says Captain
Murphy's Bond is Forfeited.
IT is A MATTER OF $500

1T is A MATTER OF $l,5OO
LAURADA'S CAPTAIN FAILED TO
APPEAR AT HIS TRIAL HERE
AND THE COURT HOLDS HIS
BONDSMAN-DESOTO NOW HAS.
PRIVILEGE TO PRODUCE MUIR
PLY TO SAVE HIS MONEY.
Judge Bradford Saturday afternoon
handed down his opinion in forfeiture
of the bond of Captain Edward Murphy
of the steamship Laurada, who is ac-
cused of the violation of the neutrality
laws of the United States This is a
heavy blow to Murphy's bondsman.
Ralph De Soto, and in fact, the case of
the Laurada, generally. Just what ef-
feet the denied motion will have on the
forfeiture case against the vessel is not
known. but it was said last night that
an appeal would be taken from Judge
Bradford's decision. The full text of
the decision is here given:
In the District Court of the United
States, for the District of Delaware. The
United States VS.. Edward Murphy In
dictment for violation of Section 5,2S6.
u. S. Revised Statutes.
Motion TO set aside forfeiture or re-
cognizance
The defendant, Murphy. having
been charged with a violation of Sec
tion 5.2S6 of the Revised Statutes of the
United States, embodying certain pro-
visions Of the neutrality laws, was ar
rested by virtue of q warrant issued by
United States commissioner After
wards, October, 10, 1896, he, with Ralph
De Soto as surety. entered into a recog-
nizance in the sum of fifteen hundred
dollars for appearance and answer in
this court. The condition of the recog-
nizance, aside from the specification OF
the offence charged, reads as follows:
The condition of this recognizancC
is such that if the said Edward Muir
ply shall personally appear before the
District Court of the United States in
and fer the District of Della.
ware, aforesaid, at Wilmington, OF
Tuesday, the 18th day of January
at 10 o'clock a. m, and then and there
to answer the charge of anC
then and there abide the judgment OF
the said court and not depart without
leave thereof, then this obligation to bC
void, otherwise to remain in full force
and virtue"
A regular term of this court began OF
Tuesday. January l2. 1897, and on tha-
day the grand jury found an indictment
against the defendant for the ALLEGED
offence. On the same day he PLEADED
Not Guilty" to the indictment, and.
petit jury being in attendance the dis
trict attorney asked that the trial o
the case Immediately proceed Appn
cation was made on behalf of the de
fendant for a continuance until the mex
regular April term This application
was denied by the court; but, on mo
tion of the defendants counsel, Tues
day. March 9, last, was appointed TO
the trial, and the recOgnizance was re
spited until that day; the defendan
and his surety consenting thereto il
open court The recognizance had beer
filed in this court before it was so re
spited.
Hon. Leonard e. Wales departed thi
life February s, last. being at the tim
of his death United States Distric
judge for the District of Delaware. ere
ating vacancy in the office of judg
Of this court which was not filled unit
his successor, the present incumbent
qualified and assumed office May 2
last. The next regular or stated tern
Of this court after the appointment ant
qualification of the present incumben
began Tuesday. June s, last. On tha
day petit jury was in attendance an,
the case against Murphy was called 70
trial. Ihereupon his counsel movet
for continuance until the next follow
ing September term. This motion wa
resisted on the part of the government
and denied by the court, no sufficien
ground having been laid. The defendan
not being present, he and his surety. a
the request of the district attorney
were called in the usual manner and
the defendant not appearing, the recog
nizance was ordered and declared for
teited. A motion was subsequent,
made on behalf of the defendant AM
his surety to set aside the forfeiture o
the recognizance, and on that motion
full argument was heard
NO evidence of any kind was adducei
or offered either in support of or i'm on
position TO the motion otherth a name
filed by counsel for the recognizors
purporting to be a physicians certifi
cate, certified to by commercial agen
OF the United States in Jamaica. unde
MS ohlclal seal, and reading follows
Port Antonio, Jamaica, June 2. 1897
/ certify that Captain Murphy, OF tn
). 5. Bermuda, now in Port Antonio
Jamica, is i'll and unable to journey d
America. Fred G.. Grosett, NJ. d..
l.. r. c. p. and s. Edin.
/, j. W. Walton, U. S. Commercial
Agent at Port Antonio, Jamaica. d
hereby certify that +. G. Grosett is
duly licensed and practicing physician
in Port Antonio, and that the above i
his true signature. J. w. Walton,
u. 5. COml Agent.
L. 5. Commercial Agency, Port An
tonic. Jamaica.
Counsel for the rec0gnizors content
that, as the recognzance was original.
for the appearance of the defendant Ol
day certain, namely, January II, 1891
and not for his appearance from day Il
day or from term to term, and as il wa
rospited until another day certain
namely March 1897 thr defendant