The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-01-18
CAPTAIN MuRPET's TRIAL.
Senator Gray Closes the Argument f0i
the Defense to the Jury. y

At the afternoon session Of the Unitod
States District Court yesterday, District
Attorney vandegrift made the opening
for the defense. He ridiculed the idea THAI
eighteen men could have used IA guns, II
reyolyers 1865, 600 cartridges, so lbs yaselin<
together with pack saddles, harness ana
bundles of picks and shovels The deep
interest manifested in the trial was dem
onstrated again to day by the large attend.
ance Of lawyers, ladies and prominent
occupied seat along side of his counsel.
Senator Gray began his closing argu
ment to the jury at Is o'clock. On an
occasion of this Importance where an
American citizen dare5 to take upon him
self the right which his country gives him
he could not resist the privilege OF ad
dressing the jury although his learned
colleague, H. Il. Ward had SO ably covered
the ground. Whatever may be said re-
member that the decisive question l.
whether there has been evidence from tina
stand that Captain Murphy when doins
what he had right to do was doing some
thing he did not know he was doing IN
unhappy, cruel, war now raging IL tina
unhappy island has taken nothing from u.
that belongs to us by the law of our coun
try Wemay still trade with either Spain
or the batteries of Cuba
Danish fxom your heart ali sympathy
for this unfor tunate man and make your.
selves thinking machines. The neutrality
laws were made to protect FREQ people
You can carry men and arms to either
Spain or Cuba. The defendant has not
been charged with carrying men and arms
to Cuba but with carrying a military OF
petition. The great mass OF the tesA'
monS Is true and we do not intend to
provo mans innocence. We do not have
to do so. We admit Captain Murphy
sailed down the Delaware river, took on
the surf boats sailed around on the high
sea and met the boats, took aboard the
men and arms ard put them aboard OF the
Dauntloss. An evil intent Is the very
essence of crime and you can't guess AZ
the intent, you must prove 1t.
His Honor will tell you first that. this
must have been military expedition
and secondly that Captain Murphy knew
1t was of such character. 1t is almost Inn
possible to conceive ofa military expedi-
ton without some combination OF u mil
,tary intent You, Mr.. Foreman, aud gen.
tlemen OF the jury and can agree to to
Cuba on tho Laurada as passengers and
lard through the surf that washes those
lonely shores Of prosecuted Cuba and tho2
dash beneath the banner OF some IN"
surgent leader That is our privilege az
American citizens. No one has come here
10 tell you that these men combined lead
ing up to an organization either on the
high cas- or on the coast of Cuba.
The first step of croumstantial evidence
we take is at Atlantic City. Then they
reached the Laurada and after unloading
the arms and ammunition off sailed tho
boat and the cargo and men were placed
on the Dauntless From these facts you
hrs to infer, was this military expedition.
You cannot infer IL from those facts. But
1aiG the District Attorney, there wers
Arms aboard. They were Inspected by
we had three stowaways. Captain Rand
hustled them cut Rolof paid them IS
week to act as stevedores. No preconcerb
has beer proven. These men went either
as stevedores or went individually to be
landed in Cuba Tho glory of American
and English Jurisprudence is that the de.
PENDANT must have the knowledge OF thit
expedition being military one Amers
can sailors can appreciate the value "a
having the flag Of our country floating
over them.
There is no proof that!this defendant did
an act but that which he had a perfect
legal right to do You must believe
beyond reasonable doubt that this
man knew he was doing lawful thing.
That Is the reason l felt that TINS was
an outrage to drag this man to q bar OF
justice for violating the laws of his coun.
try upon such evidence as produced on
that stand Captain Rand, the first Off
Ger saw no arms distributed. He Kept a
log Of everything that occurred. CONS
tell US Mr.. District Attorney, we stand
here OH level with you, Come tell us
how had the knowledge that this was
known to me that tLib was an unlawfIt
thing
If you find 1t within your hearts to con.
Wet him who ia safe l know my Ct
WAS doing the thing an American 49,
may do anywhere protected by the flag OF
the United States. Having escaped tho
Spanish cruisers God forbid he is to rail-
behind the bars Of al American dungeon
There Is such thing as American Liberty.
: The blood of brave men has made 1t. The
yiudlcation of that liberty which Is tho
glory of our past history is involved. do
sin erely bray God that when the news OF
that brave peoples Independence will
oume that 1t will! not reach the ears OF
Captain Murphy behind the bars OF al
American prison.
serve generals up here OH the ha!f shell
after a Governor is elected. l remember
one wear ago seeing Il crowd Of Greeks CO.
inu to New York to embark for their M.
tive land to fight for freedom Did the
captain of that steamer know 1t was ,
military expedition? Did the United
States Government officials follow them
or did the sleuth hands OF turkey 40 SO 10
bring them back2 But poor Captain
Murphy ..,,.,,,
tribute to the counsel fer the defense.
saw with Senator Gray you believe there
il a reasonable doubt then l say acquitthis
man, If on the other hand you believe
from tho witness on the stand that ne
knew this was military expedition tnen
H., pnths muSt convict MIN.
Liberty can only. DO preserved for our
children by telling a, violator Of that
liberty that he must suffer for it. Norman
will shake this mans hand more gladly
than if you gentlemen, believe him lnno'
cent. 1,
Tho jury will be charged by Judge
Bradford tomorrow morning at III CLOCK.