Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-01-20

A VERDICT OF NOT1UlLTY
Capt. Murphy Of the LAURA Acquitted
Of The Charge Of FillSteriHS.
DECISION WAS REAdE0 TO-DAY
The Jury Deliberted Only 35
MINUS.
GREAT ENTHUSIASM COURT ROOM
GREAT ENTHUSIASM COURT EOOM

The case OF the pi.hd States govern
ment against ptMurphy. lato master
of the steamshl Laarada, charged
with violating ii neutrality laws, WAS
given 10 the jty shortly before noon
yesterday in thejnited Statos Court. Ia
about 40N miptes the jury decided
that Omit. Mrpby was nat guilty,
and be was tschargod. Immediately
after the operng Of court Judge Brad.
ford deliverable charge to tho jury.
In introducing the charge Judge
Bradford sal
Gentleme Of the jury The indict
ment in thi case charges Edward Muir
ply the dfendant. with violating Hec-
tion 52s6 the revised atatutes Ut tho
United Sitas That section comprises
certain rovslons Of the legislation by
Congress commonly known as the neu.
trality Avs of the United States. II
provids that every person Who thin
the Tritory or jurisdiction Of the
Until States. begins, or sets on foot,
or povides or prepares the means far,
anynilitary expedition or enterprise.
toe carried on from thencp against
~ territory or dominiona of any for.
egn prince or state, or OF any colony,
lupthtt VI WIN Wbpul iho
United States arc ut peace, shall BIO
deemed guilty of high misdemeanor,
DC. The indictment originally con
tanned eight counts, Of which nix,
namely, tho first. third, fourth, sixth,
seventh and eighth were, before you
we're imranelled, disposed of on de-
murrer, leaving for present considera-
tion only the remaining counts, namely,
the second and fifth. Tine second count
charges that the defendant on or about
the fifth day of August, 1896, did
willfully, knowingly and unlawfully
provide the means for certain other
military expedition, to he carried On
from within tho territory and iurisdic-
tion of the United States, to wit, from
tina District Of Delaware, against tho
territory and tlominions of the King of
Spnin, a foreign prince, or state, with
whom the United States ware then and
are now at pence. the means provided
by the said Edward Murphy being the
steamship Laurada. OF which he was
then and there master, and her crew,
of which he was then and there in com
mand and control; the said Edward
Murphy remaining master OF the said
Lacrada and in command and control
of her crew during the several weeks
Immediately subsequent to tho said 9th
day Of August, A. d., 1896. during
which sind last mentioned time the
said military expedition was being con
voyed and transported by the sail
steamship Laurada, OF which be was
master as aforesaid, from within the
territory and jurisdiction Of the Unitsi
States, to wit, from the District of
Delaware, to and against the Island of
Cuha a. in i'm, ~ thu rniI oF
Spain, foreign prince, or state, with
whom the United States were then and
are now at peace, contrary 10 the form
OF the act Of Congress" &c. This
count, in abort, charges that tho de
PENDANT wilfuly, knowingly and un.
lawfully, provided the means for mill
tary expedition to he carried on from
the District Of Delaware, 10 and against
tho Island of Cuba, dominion of the
King of Spain. with whom the United
States then was ana still is at peace. A
conviction of the defendant uadsr the
second count could not be justiiied in
the absence OF evidence showing that
an expedition, for which he provided
the means. was to be carried On from
the District of Delaware. No evidence
has been adduoed that any expedition,
military or otherwise, was to be or was
carried on from the District OF Della
ware. You are therefor instructed by
the court to render a verdict of not
guilty Rs to the second count.
The fifth count charges that the de.
fendant on tho fifth day of August,
1896, "did, within tho territory and
jurisdiction of the United States, to
wit, at the said District OF Delaware,
wilfully and unlawfully prepare the
means for certain other military
enterprise to be carried on from thence
against the territory and dominions Of
a foreign prince, or itate, with whom
the United States were thon and arc
now at peace, to wit, against the
colony and district Of Cuba, which said
colony and district at the timo herein
mentioned was and still ia part OF the
territory and dominions OF the King oI
Spain, tho said United States then Rno
there being at peace with the HaiG
state and with the said King of Spain
TINT the said Edward Murphy 80 pre-
pared the mans for such military
enterprise in that he, on or about thu
date last aforesaid, being master OF
certain steam vessel known as tn,
Laurada, and in command of sale
vessel and her crew at the District o
Delaware aforesaid, did then and thor
proceed with the said vessel and crew
down tho Delaware River into TIT
Atlantic Ocean and thence nUrth ware
On the high seas off tho coast of New
Jersey, where the said vessel was me
under preconcerted arrangement by
certain steam launch known as th,
Richard X. Fox, containing men, aIt
a certain lighter containing arms ane
ammunition and towed by a certain
steam tug known as the DOLPHIN
which said men and arms and am
muniton we're then and there trans
ferred to tho said Laurada, and theme
carried by il to or near to the island o
Navassa in the Caribbean Sea wher
the said men and arms and ammunition
were transferred from the said Laurad
TO certain steam vessel known th
Dauntleas and by it landed ON tb
shore of Cuba. the said men actin
together under preconcerted arrange
ment and he, the said Edward Murphy
we'll knowing and intending that tn
said men and arms and ammunition
should be SO transported and transfers.
and finally landed on the island G
Cuba for the purpose of eifectiug til
said military enterprise as aforesai
and making war upon the territory an
dominons OF tho King Of Spain; con
trary to the act Of Congress-, &c, Thi
count charges. in substance, that th
defendant on the fifth day OF August
1896, knowingly, wilfully and unaw
fully prepared the means within th
District Of Delaware, for militar
upterprise to DO carried on from th
United States against the island {
. X In gnf Gna i