The sun., 1898-01-16
CAPTAIN MURPHY'S TRIAL.
Senator Gray's Motion to Instruct for
AcQuittal Refused.

hCyuNtuk 1tcIuSt'U.
The United States closed its prosec,l-
tion OF Captain Edward Murphy in the
District Court yesterday and the defence
opened.
! When the Government closed Senator
Gray moved that the jury be instructed
to render a verdict of mot guilty. but
Judge Bradford did not sustain it,
After the opening of the court District
Attorney Eandegrift stated that Col
lector Of the Port Cooper had taken of
the list OF articles that were in the ship
Laulada, when she was given clearance
papers, and asked that he might put
them in evidence when he secured them.
Senator Gray made no objection but
asked If that was not the list that con-
tanned the item OF ten barrels OF con-
densed milk. The District Attorney
answered negatively, saying that the list
contained bottle beer. Judge Bradford
suggested that it might have been con-
densed beer.
After few more remarks Mr.. Vande-
grift announced that the government had
closed it, case.
For the defense Senator Gray made q
motion to the effect that the court in
struct the jury to acquit the defendant
on the grounds that sufficient proof was
not given by the witnesses Of the gov
ernment to warrant a conviction.
Senator Gray said that the gov
erQment must show without a doubt
that there was u military expedition, for
which the said defendant had provided
means OF transportation. He also claimed
that men could lawfully go from this
country rs individuals but must not or
ganize an expedition. He held that no
expedition was shown to have been or
ganized and if had it was necessary to
prove that Captain Murphy had knowl-
edge of the facts in the case
The District Attorney followed Mr..
Gray and his argument was not conf
plete at the noon recess.
At the opening of the afternoon ses-
sion he again took the floor and finished
his remarks, during which he said that
the Government had not stopped at the
combination of facts, but had produc ed
evidence to the same effect.
1t had also been clearly shown, he
said, that the defendant had a know.
ledge OF the unlawfulness Of tuis cxpedi-
ton. Captain Murphy had sworn to the
cargo and then changed the same, which
he had no right to do, according to the
United States law. He denied tnat the ex-
petition was IL commercial enterprise and
said it was positively a military expcdi-
ton; had come together AT Atlantic City
and all the time had been under the
command OF recognized leader whose
authority the men readily obcyed.
He closed his argument at 3.l0 p. m.
Senator Gray took the floor and stated
that there was not sufficient direct tcsti-
mony presented by the Government to
prove that Il military expedition was set
on foo, in the United States. lie also
said that an American citizen had Il right
to % to Cuba and fight ii he So desired
and without question from this Govern
mcnt.
After Judge Bradford had denied the
motion Of Senator Cray, above referred
to, Captain James II. Rand was called to
the stand fo the defense. His statement
WA" mainly to the effect that the tcsti-
mony Of Rogers, the colorcd witness was
false.
District Attorney Vandcgriit gave him
a rigid cross.cxamination, bat his evil
dcncc was unshaken
Court then adj ourned until Monday ut
10, l5 Il. m.