The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-01-15
CAPTAIN HuRPHT's TRIAL


a Ine session OF the United states Court
was delayed in opening for fifteen minutes
yesterday afternoon by the hardness OF
Samuel Moore, QUO Of tho witnesses.
Rossel Horton deposed to the faes that
on August S,lS96 he lived at Atlantic City.
He was aboard the Richard K. Fox and
saw man named John Birsch, in charge.
Senator Gray objected to a conversation
between Horton and Blrsch. Birsch was
IN charge when the Fox left the shore.
did you have any conversation that
night wish BirschP
Eyes,
What was that conversation ? Senator
Z Grey objected on the glound that the con-
versntlon did in no way connect the do
fendant. Judge Bradford. 1t. strikes me
thst the question is inadmlssaBle
'Senator Gray, that man was q common
carrier. You might rs well bring up tho
cab driver who drove the men to tho
wharf"
"Distric5 Attorney VandegriiJ. Have
not just as much right to show what this
co.conspirator said as to prove what the
mau who took these men to Cuba on tho
Dnuntless, said ?"
The question was ruled out. While the
rights OF the Government should be pro-
footed. said Judge Bradford 1t cannot be
admitted to the detrllnent of This defend
ant Horton testified he saw John ID.
Hart OF tho wharf and heard him sp,ak to
the 10 men who got into the Fox.
Upon the right to admit Ha-t's CONVEX.
gation another argument took place.
Mr. Vandegrift What was the 20 VERSE
tion between Captain Hart and tho men
In the boatp The question was ruled out
What was tho suggestion by HARP
Cast off your lines, go 10 sea and you
know the rest"
At that time who was in command of
tho men in the boat?
Thequesticn wa: ruled out. who was in
command?
Idont know sir.
VINO had charge OF the boat2
\ John Birsch.
Joseph chols was called and testifi vi
that the Captain of the Dauntless stated
upon his 70; urn from his first trip to Cuba
that he had been chased by.a Spanish cruis
Q. and that he misled her by bis smoke
He saw the search for he stowaway.
Captain Rand wal recalled and deposed
Captain Murphy was IN command of the
i Laurada on that trip. The Dpuntless went
west from where the Lilurada was lying
She Laurada was 70 miles from Cuba at
the time, Captain b, Ayars testified that
he examine the Laurada before she sailed
from this port.
George Roberts, colored testified he was
on the Laurada on August S, 1896. H
Z evidence was similar to that of former
witnesses.
Tho heavy downpour Of rain in no way
1nterfered with the large attendance of
lawyers and others In tho United States
District Court this morning when the trial
1T Captain Murphy was resumed. Judge
Bradford ruled that the evidences of Joseph
Nichols regarding the statement of the
captain Of the Dluntle5s was adinitte d for
what 1t W IS worth rs the sta einent was
made in the presence of Captain Murphy.
District Attorney Vandegrft announced
\ that the Government had closed It's case
!, Senate GRAY submitted II motion for
( the court to instruct the jury to render
verdict of not gully.
j The statlI under which this prosecution
! Is brought is considered to be part Of the
1 neutrality laws. The Government must
satisfy b.! ol' reasonable doubt that
!; this was II military expedition and thai
] the defendant knowingly and wilfully
provided the means for transporting the
same. The statue was never intended to
Interfere with The shipping interests Of the
1 United States. Commercial interests Of
/ Its citizens ure not TO be interfertd wi til
and they have IN absolute right to sell
/ th'ir wares. He emphasized the propo-
lit IN that the citizens of the United
States had the RICH to sell arms and am.
intuition to belligerents and to carry
same and men to that belligerUnt country.
Just so long as You do not violate the
neutrality laws you are all right.
I The presumption is that the CARRYING of
these men and arms is II lawful act and
I the defendant has right to engage in II
lawful commerce. The judicial aulhor-
ties of this country have decided that it is
d right Of our citizens to send armed
vessels to foreign ports. Tho parties SO en-
gag ID run the risk OF conflscation by the
foreign power. Among the authorities
4n6t1u was that of a former Attorney
fto wal in rQf n thn Hannah that
took men and arms to Cuba during the
!, ten years rebellion and that the same did
not villate the neutrality laws.
Eeutials In their own country have a
! right to sell to helligerents anything they
want to buy. Julso Brown says that traf-
tic in cshtraband goods is just as legiti-
mate US in any other commercial shipping.
Admitting that tho Laurada took these
msn and arms to point off the island Of
Nayassa; admitting that tho cargo was
transferred to the Dann,less and landed
on tho island of Cuba there is no violation
OF the neu relity laws of the United States.
THE supreme court Justice gave an opin-
1on that it is no violation Of the neutrality
laws for ship to carry men and arms.
There is no evidence in this case to con-
vct this defendant. 1t is the duty of the
0)ul III to protect l. q person On trial from
unjust troatment. Where is the evidence
on the part of the Government to show
these men formed u military expedition
Oh &c cunt Of organization? o :ganizaiion
of city council junketing party, of u
Christian II! d party, or u fire com.
pany will not TO. A mi i AIRY organization
mu be shown. No evidence has been FRO.
dnCed that these IS men did or said II thing
Who saw them march?
Who saw them give military orders?
What evidence is there to show that these
men were other than Is men who went to
a.. ('t,hn hf I l,,ff # Ia,
mon who sailed on tho Lafayette were
French patriots who went to fight for
their country against Germany. 1t was
an industrial organization If there was
any. They Wero ii gang of stevadOres
Gb,ying orders Not military orders.
These men were landed in Cuba.
If Spanish cruiser fired across the bow
OF the Laurada an officer would 20 aboard
and Captain Murphy would be in Moro
Castle SO quick that he would forget he
was ever ut sea. The Laurada would be
seized and her crow subjected to Spanish
Jurisprudence. If the Government tinds
1t hard to prove such case, 50 much the
better for our country and its laws.
III those around me whose hearts are
+hrubbiug for he freedom and In sym.
p thy with these Cuban heroes came to mo
.,hd said, Nh Gray, W. want TO 20 Cuba.
Nc intend to join the forces there We
arc lawful citizens OF the United States
We arc not OrgAnlz.G, can Wo 90:
So much the bo)ler for AlAl rlHan Free
dom Of American citizens. We do not
dog the steps Of cur Commercial citizens
stops hy spies
judge Bradford there must DO precon.
cert shown that the men who embarked
hs1 ncnIunon purpose III view before en-
balkU G
lNeH would say Go. Then these mon
60 and when they come back they are not
tad hut l,N Oh L., ,
by the District Attorney Of this court to b.
sant like this defendant to penitentiary.
No evidence has been produced that this
mon know he was aware Of the fact that
this was a military expedition. Dis
trict A! oracy VaLltsrift SAID he would
not ask Mis- case 10 20 10 the jury If this
was colnmel ciai expedition. John D.
Hart has boon convicted upon the same
evidence in this case,
Lost His Honey.
Nicholas GrussCiuytr, OF near Centre.