Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-10-07
CAPT. MURPHY, IN COURT
Appeared Before Judge Bradford and
Volunteered 10 Surrender.
WANTS TO OFFER NEW BONDSMEN
And Stand Trial at the Next
Term.
MATTER HELD UNDER CONSIDERATION


Juat about year ago. or Oh Septem-
bcr 18th, 1896, Capt Edward Murphy
was arrested in this city charged with
violating tho neutrality laws in being
interested In setting on foot or starting
military expedition from Philadelphia
on or about the preceding August 9TH,
to proceed against the kingdom of
Spain. In other words he was charged
with Cuban tilihustering. Ho was held
10 81, 900 bail for further appearance.
Later he was held for the grand jury,
was indicted by that body and was to
have been tried last March. but the
death of Judge Wales prevented the trial
at that time. The trial was next fixed
for June 9th, Ralph DeSoto being
NJ urphy's bondsman in the sum Of
81, 500. On June 9Th the captain failed
to appear for trial and since that timo
the court has ordered his bail bond for
feited and has dismissed the motion to
remove the forfeiture. Monday Capt.
Murphy appeared before Judge Brad
ford and through his counsel, II. H.
Ward, offered to surrender himself and
TO give new bail for the next trial term.
1t was novel scene for the Federal
court room and tho nature of the pro-
ceeding was also somewhat novel, for
dltbE ultCuhhtbk thp thNoiNdh'
it was decided to give a hearing in the
matter ON Thursday morning when Fl.
Ii. Ward for Capt Murphy and bis
bondaman, Ralph DeSoto, and Lewis
O. Vandegrift. for the government, arc
| to be ready with their arguments. 1t
| is tho intention of Mr.. Ward to move
for the exoneration of the bail in case
the court accepts the surrender of
Capt. Murphy.
The captain appeared before the court
between -. 80 o'clock in the after
noon. There were also present besides
Messrs. Ward and Vandegrift and Mr..
DeSoto, Edwin Mitchell. Jr., Alton O.
Pyle, Charles NJ. Curtis, Robert PEN
ington and Federal officers.
Mr.. Ward announced that as attorney
for Mr.. DeSoto anil Capt. Murphy he
surrendered Capt. Murphy to the court.
He went on to explain that the captain
had been i'll and was unable on that
account TO DO present on June Sth, the
time fixed for his trial. ave DESIRE"
he added, 'to enter bail to appear at
the next trial term
District Attorney Vandegrift said he
had nothing especially to say; he de.
sired to say nothing that might injure
the situation of the government as to the
defendant or TO the surety.
Judge Bradford INQUIRED as to the
authority upon which a prisoner may
be surrendered and Mr.. Ward recalled a
case and expressed tho belief that after
the forfeiture of bail bond a prisoner
can be surrendered.
The court was in doubt as to- the
practice on that point and desired it
Understood that there was at present no
recognition by the court of the right of
the surety, by accompanying the de-
PENDANT, to claim exoneration.
Mr.. Ward then gave notice that he
would present a petition for the dis
charge OF the surety under section 1920.
Ii was serious question in the mind
OF Judge Bradford whether the prisoner
could properly be present after the for
feiture of his bond.
MIR. Ward stated that he presented
Cupt. Murphy under the original in
lictment on which he had never been
tried. He announced also readiness to
give new bail.
Mr.. Vandegrift announced that If bail
was offered at this time he would GER
tainly object and be held that the cap
tain would have TO he in the custody
of the marshal.
Judge Bradford, however, thought
that the matter of bail could be ar
ranged provided it was sufficient.
MIR. Vandegrift held that the de-
PENDANT had not come before the court
in the right manner. hut that the proper
method would be for the surety to bring
him into court in the custody of the
marshal and offer to give new bail.
In view of the questions raised 1t was
agreed to have hearing this morning
at 10 o'clock.
| liant Murnhv tas been in this roun-
try about 10 days. lie was taken i'll in
Port Antonio. Jamaica, and was i'll for
several months with fever. He ia
much improved now, but he remarked
this afternoon that he had felt better.
|