The sun., 1898-01-18
CLOSING ARGUMENT TODAY
The Laurada Case Will Probably
10 to the Jury.
SENATOR GRAY FOR DEFENSE.
He Will EndeavOr This Morning to
Convince the Jury of Captain
Murphy's lnnO-
celCc.

The trial of Captain Edward Murphy
former master oi the Cuban filibustel
the Laurada. will in all probability enc
today.
The case has been an interesting one
attended by hundreds of people and
eloquently argued by the counsel in the
case, Yesterday morning the defense
rested and both sides presented PRAYERS
to the Court. Some of those who were
seated inside the rails at the morning
session were: Mrs. Jerome b. Bell, Mrs.
Ralph De Soto, Mrs. q. A. Roberts and
Mrs. John NJ. Taylor, Mrs. George Gray,
the Misses Gray, the Misses Draper and
Miss Natalie Wilson.
Senator Gray, in opening the case, said
that the defense admitted that the cargo
was landed in Cuba, but made no admis-
sion as to the men carried by the
1aurada.
In the prayers for the Government,
District Attorney Lewis c. Vandcgrift
asked the Court to take cognizance that
this country is at peace with Spain and
that there have been uprisings in Cuba.
He said that an organization in this
country to fight in Cuba would be a mill
tary expedition, and it would be enough
to show it to have been the intention to
cooperate with others. 1t was not nee
essry to show actual landing, he held,
but was sufficient that the expedition
was set on foot here.
1t was not necessary for the men to be
drill ed or o be in uniform or TN Ter army
regulations, but was sufficient if thev
had combined in the United States to 90
to Cuba as Il body. If Capt. Murphy
knew that the Laurada was bound on IA
voyage to Cuba to take a military ex-
p"dition, although he did not know the
details of the expedition, he was held to
be guilty.
Mr.. Nandegrift stated that from evil
dence inference could be drawn of pre-
concerted plan to show combination of
men and arms that constituted mill
tary expedition, holding that if Murphy,
while in Philadelphia fixed the place on
the chart where the vessel was to go. he
knew he was providing means for on
expedition of an unlawful character,
The taking OF surfboats for landing men
and goods was held to be evidence of
guilt
If there was combination to carry on
an expedition, the acts of one or another
would be the acts of each. If Capt
Murphy knew Of an arrangement to
which the Laurada was part he was
guilty Of providing the means for an
expedition. The carrying Of coal to the
Dauntlcss was held to be in violation, if
the captain knew it was to be used in
transferring the expedition. II was not
necessary that any organization should
have actually taken place in the United
States, but if they left here in different
parties and afterwards met and were
capable of organizing, it was enough to
show a violation:
After reading bis PRAYERS, the district
Attorney argued that it was not neccs-
sary that the expedition be wholly
organized here. but if Captain Murphy
knew when leaving here that it was the
purpose to "rganiz,', then he came under
the law.
senator Gray, in discussing thr pray
erS before the court, coinridrd with
some OF the statements of abstract law
and admitted that if certain things
were true certain other things followed,
claiming. however, that the district
attorney in some cases begged the
question and in others did not reach
correct inicrtnccS When he cane to
the prayers which quoted from the ties.
tlmony OF certain witnesses, the Senator
grew dramatic as he exclaimed that he
never knew of Il court being asked to
charge n jury as to facts.
II the courts are to pass upon
the facts in cases he declared that
,urcs might as well be abolished .
The Senator next submitted the |
prayers Of the defence which contcndcd |.
that il was not Il crime for individuals to |
leave this country with intent to enlist
IN another country; nor crime to trans
fer arms and munitions of war from the |.
| 'nltcd States for use in another coun-
try, nor crime to take men as indivd- |
llals, and munitions of war on the same |
vessel. Mr. Gray held it to be law ful !
for men to go. provided they did not in .
the United States combine and organizes |
as a body
III the jury find from the evidence
hat the men who came on board the |
lanrada were not combined or organized !
IN tins country to 20 to Cuba aS Il mill. |
Iary expedition or enterprise against he |
government Of Spain. but went to- handle .
ana land the cargo "I arms cycn if they
individually bad the intention OF ulti-
lnatrly joining the Cuban army, the de-
Irndhnt mus, be acquitted.
"Evcn il the jury should find that
this was military expedition or enter
prise, they must also find beyond Il rca-
Sonabic doubt before they can convict
lie defendant. that he knew of its illegal
character at the time the Iaurada left
this district"
secrecy and mystery in the departure
,f the Larlrada were held not TO be cvi-
lcncc Of criminaIity but are Just as con
+istcnt with a lawful as with an unlaw-
fu enterprise. Court adjourned until
:. 80 O'Clock.
The afternoon session was called at |
when District Attorney Van
dcgriit took up the argument for the
government in his charge to the jury.
Mr.. Nandcgrift claimed that the only
hing the defense depended upon was
lie clopucncc OF Senator Gray and the
fine spun theories of his associate. TAt !
me say to you that there l. no more
learned counsel at this bar. Liberty in
his country does not mean that we shall
break the law. Here is Il man who vii.
'uIly violates the laws of this country
lnd then does not even produce on this
stand evidence TO show that it was a
commercial enterprise, which he claims"