Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-10-14
CAPT. MURPHY in COURT
Vas Surrendered 10 Federal Authorities
by His Counsel.
GAVE BAIL IN SUM OF $4,000
Must Appear for Trial at the
Next Term.
A RULE on REMISSION OF FORFEITURE

The matter of the surrender of Capt
Edward q. Murphy, late OF the steam
ship Laurada, charged with Violating
the neutrality awsoI the United States
while master of the boat came before
Judge Bradford in the United States
circuit court in this city FRIDAY. Capt.
Murphy and his bondsman, Ralph dc
Soto and counsel, ii. II. Ward. were
present.
Mr.. Ward, who had previously asked
TINT Capt. Murphy be allowed 10 sur
render, opened the case by reading
alidavita from Mr.. De soto and Capt.
Murphy to support the assertion that
Capt, Murphy had not appeared in court
when his raee was called on account OF
physical inability to do SO, and not
from any motive to purposely absent
hmself. The ailidavitH were to the
effect that Cant. Murphy was sick in
Jamaica when his case was called here,
and his Illness prevented him from
being in this jurisdiction. The aifi-
dnviis further got forth that Capt.
Murphy came into this jurisdiction as
snon as no was able to do so, and DIS
| sired to surrender himHelf, and that he
| 10 anxious tu do so al the present time.
After the reading of the atiidavits
Mr. Ward asked for q rule granting a
remission of the penalty for non .ap.
pearance.
District Attorney vandagrift sug,
gosted that the aiiidavits be filed and
the rule be made roturnable in 30 days.
Concerning the questions involved.
Judge bradford stated that there were
two points at issue, whether the de-
iendant could hp admitted to bail and
whether tho forfeiture of the former
bail could be remitted lie stated.
however, that this two questions we're
separate and distinct. lie Expressed his
Willingness to accept new bail.
MIR. Vandegriit asked for the issu-
ance Of bench warrant, giving the
marshal authority To place Capt Muir.
phy under arrest, on the ground that
the defendant was not already IN the
custody of the marshal.
Judge Bradford held that after an
indictment hus beon found the court
can either commit the Defendant III
admit him to bail. ..-..
Mr.. Vandegriit claimed that nev
process would be necessary in order Il
place Capt Murphy under arrest, anG
insisted ON tho issuance OF bench
warrant.
AT this iuncture Mr.. Ward arose.
and, addressing the court, stated: 81
hereby in open court formally surrender
Edward Murphy into the hands of the
marshal.
''Thcn." said District 4 attorney Van
degrift. ~ ask that "a bench warran
ISSUE"
Mr.. Ward objected TO bench war
rant, on the ground that it was un
necessary, whereupon the court an
nouncou that no hench warrant would
be Issued. Judge Bradford announced
! however, that he would accept bail ant
the question was as to the amount o
the bail. lie asked who Capt Murph,
would offer as surety TO which MIR. Ware
replied that Edmund Mitchell, Jr.
; would he offered MS surety. Mr.. Mitchell
was acceptable to the court and tn
amount of the bond was fixed at 81. 900
The hail bond was duly executed AM
Capt, Murphy was given his liberty, witt
the understanding that he is to appea
at the nr&t term of tho circuit court
which viii he held in this city on tn
second Tuesday in January, 1898, /
answer the charge OF violating the neu
trality laws,
The rule ~ the government, TO shoy
rause why the forfeiture of the De Sot
hail bond should not lie remitted wa
mads returnable on Tuesday morning
November 9TH.