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A Murderer’s Risky Gamble for Freedom

After being convicted of a brutal killing, a man wins a new trial, only to face the possibility of a harsher sentence.

The story, cleaned up

A cleaned-up reading of the newspaper page: spelling and layout repaired, one story lifted off a crowded page. It follows the original closely but it is not a transcription. The original page is below; read it if a detail matters.

The supreme court has set aside the verdict in the case of James Murphy, convicted of the killing of Philip Dawe, and has remanded the case to the lower court for a new trial. It will be remembered that the killing of Dawe was a most cold-blooded and unprovoked act. When Murphy was convicted of murder in the second degree and sentenced to fifteen years in the penitentiary, it was generally felt that the jury had been more lenient than the facts justified, and that a verdict of murder in the first degree should have been brought in. Murphy, it seems, however, is dissatisfied with the result of the trial and desires to try his chances again. To a man up a tree, it looks as though Murphy ought to be satisfied to let well enough alone; the next jury which he is called upon to face may not be so lenient as the last one and may come to the conclusion that the killing of Dawe was murder in the first degree.

“To a man up a tree, it looks as though Murphy ought to be satisfied to let well enough alone.”

— Printed in The Seattle Post-Intelligencer (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894
Then · 1894132 years apartNow · 2026

This editorial reflects the era's skepticism toward the judicial system's leniency, a sentiment that still fuels contemporary debates about sentencing reform and the risks defendants take when challenging convictions. In 1894, the 'man up a tree' idiom was common; today, it evokes a detached, bird's-eye view of legal gamble.

The original page

The Seattle Post-Intelligencer (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-06-22. Library of Congress, Chronicling America.

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About this story

From
The Seattle Post-Intelligencer (Seattle, Wash. Terr. [Wash.]) 1888-1914, JUN 22, 1894, Page 4
Rights
Public domain
Place
47.60323, -122.33028 · placed automatically
The paper in the Library of Congress catalog ↗