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

OF proof is upon the government TO show
that there has been any violation. In
all transactions in the line of selling
munitions OF war, the goods are liable
to confiscation, as contraband of war,
by the belligerents. Senator Gray de.
clared that hia position as to the right
to sell such goods was sustained by
Hamilton, Jefferson, Story, Kent and
other great iurista. He cited numerous
authorities. Admitting, for the purpose
OF the argument that the Iaurada did
transfer the goods while off Navassa,
there was no violation OF law
Senator Gray dscared that men could
lawfully 60 from this country to Cuba,
but they must not go as an organized
military expedition. He held that no
military expedition had been shown,
and that il one was shown, Capt.
Murphy must be shown TO have had
knowledge of it.
District Attorney Vandegrift replied
to Senator Gray. At ! O'Clock court
adjourned until 2.3o O'Clock.
At Saturday afternoou'n p session, udge
Bradford denied the motion Of the de-
fenss which asked that tho Jury be
charged to acquit the prisoner The
defense then called Capt. JAMES Fl.
Rand to the stand and he denied state
ments made by cne of Che witnesses as
TO looking for stowaways on the
lIaurada.
Monday morning the defense rested
and hotn sides presented prayers to the
court.
lp response 10 question from Judge
Bradford, Senator Gray said that the
defense admitted that the cargo was
landed in Cuba, but made no admis-
sion as to the men carried by the
LaurHda
In the prayers for the government,
District Attorney Lewis g, Vandegrift
asked the court to take cognizance that
this country is at peace with Spain
and that there have been uprisings in
Cuba. lie held that an organization in
this country to fight iu Cuba would be
military expedition, and 1t would be
enough to show it to have been the in
tention to cooperate with others. 1t
was not necessary to show actual land
ing. but was sufficient that the expedi-
tion WAS set on foot here. 1t was not
necessary for the men to be drilled or
to be in uniform or under army regula
tions, but was sufficient il they had
combined in the United States to go to
Cuba Es body. If Cant. Murphy
knew that the Laurada was bound on a
voyage to Cuba to taxa a military ok
pedition, although he did not know the
details of the expedition, he was held
TO be guilty.
Mr. Vandegrift drew from evidence
inference of precoucerted plan to
show combination of smen and arms
n faI
holding that il Murphy, while in
Philadelphia. fixed the place on the
chart whore the vessel was to go, he
knew no was providing mears for an
expedition of an unlawful character.
The taking of surfboats for landing
men ami goods was held to be evidence
OF guilt. II there was combination
10 carry on an expedition, the acts of
one or another would bB the acts OF
each. II Capt. Murphy Knew of an
arrangement TO which the Laurada was
part he was guilty of providing the
Of coal to the Dauntless was held to be
in violation, il the captain knew il
was to he used in transferring the ex-
peditioD. 1t was not necessary that
any organization should have actually
if they left here IN different parties
and afterwards met and were capable
OF organizing, 1t was enough to chow a
violation.
Mr.. Vandeerift, after reading his
prayers, argued that it was not necss-
sBry that the expedition be wholly
organized here, but if Capt. Murphy
knew when leaving hero that it was
tie purpose to organize, then he came
under the law.
prayers before the court, coincided with
some Of the statements of abstract law
and admitted that il certain things
were true certain other things followed,
claiming, however, that the district
attorney in some cases begged this
question and in others did not reach
the prayers which quoted from the
testimony of certain witnesses, the
Senator grew dramatic as he exclaimed
that he never knew of a court heing
aslS.d to charge Jury as to facts. If
tne courts are 10 pass upon the facta in
cases be declared that juries might as
well be abolished. Il,
The Senator next submitted the |
tended that il was not a crime for in
dividuals TO leave this country with |
inteut to enlist in another country
nor crime to transfer arms and |
munitions of war from the United |
States for use in another country, nor
a crime to take men as individuals, |
and munitions of war on the same ves-
sci. He held it TO be lawful for men |
to go, provided they did not in the |
United States combine and organize as |
a body.
Secrecy and mystery in the departure |
of the Laurada were held not to be
evidence of criminality but are Just as
consistent with a lawful as with an
unlawful enterprise.
The argument before the jury in the |
Federal Court case of Capt. Edward !
Murphy, charged with violation OF tho |
neutrality laws, was begun Monday
afternoon, when District Attorney |
Lewis O. Vandegrifr for tine govern
mont, and Herbert II. Ward, for the
defence, spoke.
Tuesday morning, the court room was
crowded. many women being present,
to hear the closing addresses. Senator
Gray, senior counsel for Capt. Murphy,
made an eloquent plea for bis client.
the former master of the steamer |
Laurada. He spoke of thu case as one
where an American eitizon had been
brought before the court for exercising |
a right which was accorded him, The
great central question is whether there
has been evidence that Capt. Murphy
when he was doing thing which he
might lawfully do had knowledge that
he was doing something which he
might not lawfully do. Everything
m an dnnn In r..lntinn tn his In ufnl M. |