The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-01-19
IN THE JURY'S HANDS.
Judge Bradiords S Charge To The Jury In
The rlurphy Trial.

| Inc closing uhy OF Captain murphy
| trial in no way showed lack of interest.
| in confirming the notion of the United
| States court at Philadelphia in judging
| Captain Hart guilty created new inter-
est Chief Justice Lore occupied n seat on
the bench with Judge Bradford.
Judge Bradford in his charge to the jury
read the section under which the defend
ant was charged. and the striking out Of
tho six counts on demurrer.
After reviewing the two indictments
Judge Bradford said no evidence had been
produced to show that an expedition had
been started In or from the District OF
Delaware, and therefore you are Instructed
to render verdict OF not guilty Oh the
second count. Upon the fifth count
which details the movements Of the Lau.
rada from Wilmington TO the point off
the island of Nayassa the court did not
charge that the defendant began or
set on foot a military enterprise but did
charge that he furnished the means by the
steamer Laurada and crew.
You must be fully satisfied that the
means were prepared for military enter.
prise and that the defendant knew the
nature Of the enterprise. 1t appears from
uncontradicted evidence that the defend
ant was the master of the Laurada He
continued to be such until after the men
less II the providing Of the means Of
carrying on military expedition was
known to the person so providing it the
statute denounces it.
you are satisfied that he knowingly
did those things, then you should render
verdict uf guilty, II, on the other hand,
there is doubt In your mind then you
should render verdict Of not guilty. 1t
is not an offonse for an individual to leave
this nountpv n np!i CT fpreiuD cnrvina
nor is 1t an offence against the United
States to transport persons so IN ended
and arms and munitions of war to foreign
countries nor Oh the same ship
The statute prohibits the trnnspor tation
of a military enterprise. 1t does not pro.
hibit the transportation of men provided
they do not go as a military enterprise.
II they go ms individuals although with
preconcert to fight against a friendly pow
er it Is not an offence to furnish the means.
A military enterprise may consist of few
OF many men. 1t may consist OF lS "a, or
1900 or 2, 400 c,en.
Where number Of men, few or many,
combine and thereby organize within the
United States with purpose of going to
carry on hostilities against foreign pow
er, and then proceed to their destination
with or without arms then it is military
enterprise 1t is not necessary that they
be uniformed or that the full organiza.
tion ia completed within the United
States 1t is sufficient II by concerted ac-
tlon they meet at "a designated point either
on the high seas or elsewhere.
In reference to tho prayers OF the Dis
trict Attorney and the counsel for the do.
fense some of the propositions were of.
frmed and others not allowed. Through
out the different prayers the court changed
the word expedition" to enterprise The
court affirmed tho majority of the instruo.
tions of tho counsel for the defense.
In viewing theevdence the court said |
question for the jury was did the Laura |
da, Fox, Dolphin and Green Point meet |
off Barnegat by accident or proconcertcd
arrangement. There is no evidence that
any communication was received on the
Laurada after she left the District of Del
aware.
Ifyou are satisfied from tho evidence
that pre-arrangement was made for the
shipping of the men and arms and that !
the defendant knew of the arrangement
and that there was fixed urpose, then
you are to determne what was that pur-
pose. Was it for II commercial or military
Unless you are fully satisfied
that This was anSmiitary enterprise you
should acquit TINS prisoner. The fact
that the cargo on the Laurada was in ex.
cess of the men aboard were the men
to Laurada ms steveaores
That Is question for you to decide. The
burden rosts upon the Government to sat.
isfy you beyond reasonable doubt that
the men constituted military enterprise
TO carry on warfare against the territory
Of the King of Spain. All the testimony
IS for you to weigh carefully. You are
)nly to give such weight TO the testimony |
Is you deem fit. 1t is unnecessary to |
lrove that the enterprise reached Cuba.
Was or was not the body of men transfer.
ed off Barnegat, a military enterprise u
against the Spanish Government?
Were they free agents or under orders arO /
questions for you If you arc satisfied |
beyond a reasonable doubt that this was a
military enterprise and II the defendant
lad knowledge of its true character, then
'ou are to find tho defendant guilty II
'ou are not 50 satisfied then you should
c nder verdict of not guilty.
The court closed its charge at l3 o'clock
md the jury retired to its room.
MURrHY GOES FREE.
Captain Murphy goes free. At 12 90 the |
ailiif in charge Of the jury informcd tho
udge that q verdict had beeu reached. I
Iessrs. H H. Wardand Andrew {. Gray,
he counsel for the defense, were awaiting
he result. A messenger was dispatched
Dr District Attorney Vandegrift. SHe ar
ived at IL "a and the jury filed into the
lry box There wero about IS persons in
ourt, including several ladies.
"Gontlemen Of the jury, have you agreed
pom verdict" asked the clerk Of the
Jurt.
1--WE have"
Who shall answer for you2
"Our foreman"
"What say you, Mr.. Foreman, is the de.
,ndant guilty or not guilty.
Not guilty"
A loud ouLbust Of enthusiasm followed
le verdict. The counsel for Murphy con-
him. AS each juror filed from
lie box Captain Murphy shook his hand
nd thanked him An informal reception
flowed.
Mrs. Ralph DeSoto took tho American
Id Cuban colors off her breast and pinned
lem on Captain Murphy's breast Deputy
arshal presented him with largo apple
reception was held at the restaurant of
inscow at which the jury aud a number
friends were the guests OF Captain
urDhy,