Murphy Must Face a Second Jury for the Copper Chief Saloon Killing

The second trial of James Murphy for the murder of Phil Dawes on July 5, 1892, was begun before Judge Humes yesterday. The defense at once set up the plea of autrefois acquit, holding that because the accused had once been put on trial for murder in the first degree and convicted of murder in the second degree, he stood acquitted of the crime charged in the information. The argument on this question consumed the entire morning and a part of the afternoon, the defense citing decisions from nearly every state in the Union—in fact, all but five. The court ruled that in asking for a new trial Murphy had subjected himself to retrial on the old charge, and that the court had remanded the case for trial de novo. Judge Humes takes the same position as the supreme court of California.

After deciding the question the court ordered Clerk Hughes to call the jury, but attorneys for the defense stated that their client objected to proceeding with trial.

"No doubt he objects," said the court, "but the proceedings will go on."

The defense took exceptions to the ruling.

The examination of jurors consumed the remainder of the day and will be resumed this morning. Sixteen jurors had been examined when the court adjourned. Elicook created a general laugh by explaining to the attorneys that he served on the former jury that convicted Murphy of murder in the second degree. The words were no sooner out of his mouth than Judge Humes called out in his characteristic voice, "Stand aside."

During the proceedings Murphy sat back quietly, taking a deep interest in what was going on, and frequently conversing with his attorneys. Murphy seemed in the least degree nervous, and shifted about on his chair as if uneasy. He is passably dressed and appears in good health.

The case for the state is being conducted by Prosecuting Attorney Hastie in person and Deputy W. W. Willshim. This is Mr. Hastie's first case before Judge Humes since his election.

The crime charged against Murphy was committed in the Copper Chief saloon, near the corner of South Third and Washington streets, one bright, sunshiny afternoon two years and a half ago. Dawes, the murdered man, was a barkeeper, and did not wait on Murphy in a manner to suit the latter, and was shot for refusing to set out a certain private brand of whisky which Murphy intended to buy on credit.

The verdict of murder in the second degree at the first trial was set aside and the case remanded for a new trial because of an irregularity in the empaneling of the jury. Murphy served some time in the penitentiary, but was brought back to the King county jail under an order issued August 1, 1894.