A Saloon Shooting, a Bottle Blow, and a Defendant’s War Record

The Murphy murder case will undoubtedly go to the jury some time this afternoon. The prosecution rested shortly after [the noon hour] yesterday, and the defense, after a statement of the case by Mr. Ronald, put Murphy himself on the stand. His examination was continued for two hours, and he proved a good witness, save that he was caught napping during the cross-examination by Mr. Hastings, when he was forced to acknowledge that statements just made were at variance with his testimony at the former trial. At that time he said that when he shot Dawe the wounded man threw both hands, but yesterday he testified differently. When the testimony at the first trial was read to him, he was asked if he had testified that way, and Murphy answered in the affirmative. However, he endured the long strain and cross-fire of questions very well. Another feature of the trial, perhaps the most prominent of yesterday's proceedings, was the attempt of the defense to impeach the testimony of George Gordon, reputed the only eye-witness of the killing. For this purpose a number of witnesses were introduced to show that Gordon could not possibly have been in the saloon at the time the shot was fired, although he was the first man to arrive after Murphy had left the place. In his testimony Gordon had referred to an attempt to spirit him away from the city in order that Murphy might go clear at the trial, and counsel for Murphy endeavored to overthrow Gordon's statements by putting Orrin Russell on the stand. Russell did not come up to expectations, but was badly broken up by the cross-examination. As is always the rule at a trial, counsel came into collision a number of times, but on the whole the case was prosecuted with unusual quiet. When Mr. Ronald stated the case to the jury, he referred in stirring language to Murphy's war record, saying that when a boy he entered the Union army and fought through to Malvern Hill, where he was wounded. The state marked the effect of these statements, and Mr. Hastings was not slow in objecting, with an observation that the trial did not concern anyone's war record. 'Never mind, Murphy's record began before yours,' answered Mr. Ronald. 'Well, I was in Missouri at that time,' was the retort. 'And you got run out, too.' This settled the matter for both sides, and the attorney finished his speech without further interruption. The crowd in attendance was not so large as the day before, and but two women were present, one of whom, Mrs. [Sum], sat within the bar. In his testimony, Murphy told the story of the shooting as follows: 'I was standing near the middle of the saloon, when Dawe began abusing me, and as I did not care to cause trouble I moved off toward the door. Dawe knew I intended to leave for Portland that evening, and called out to know if I would not "say something," meaning to ask me to drink. I told him I would take whisky, and he pushed a glass toward me as I neared the bar. He took up a bottle as I leaned over, and then he punched me in the head with the bottom of the bottle. I got angry, grabbed it out of his hand, and called out: "What in h—l do you mean?" "Then I'm going to kill you," he answered, at the same time jumping forward and putting both hands under the bar. I thrust my right hand into my inside pocket, drew my revolver, and as Dawe's head came up I shot. I didn't take any aim, and he didn't fall. I heard something drop out of his hand, and I think it was a revolver. I was much excited. I went out of the saloon, and at the door I met Gordon coming in. Then I went to the Fashion saloon and gave up my revolver to Cole, telling him to keep it until "they" would call for it. I took a drink and started for Mr. Ronald's office, when Detective Cudihee arrested me.' After Murphy left the stand the defense introduced successively G. A. DeFayette, James Rogart, George Sheehan, James Nullan, Robert Allen, Francis Flynn, Hayes Campbell, James D. Sharp, Robert Nichols, John Kelly and James Welch, all of whom testified that Dawe was a man of bad character. Other witnesses corroborated Murphy's statements as to happenings immediately before and after the shooting. During the morning session the state concluded with Gordon, who told how he had been approached a time or two after the shooting by Russell, stepson of Murphy. Russell, he said, entered into a game of pedro and during the game remarked that 'It would do him good to get Murphy convicted.' On hearing this remark Gordon answered that he would not try to convict Murphy, whereupon Russell told him to keep under cover until the trial was over. Gordon refused, but was afterward induced to go to Pike street to see a man, who he learned was Charles H. Clarke, living with Russell in a house belonging to the latter's mother, near Thirteenth street. The offer was here renewed, but Gordon refused to answer 'yes' or 'no' to it, as he was afraid of bodily harm. On the statement Mr. Piles came back at the witness with the question: 'Do you know that as a matter of fact you went out there and offered to sell yourself [for $150] and when you failed to get anything you went to Prosecuting Attorney Miller?' 'No, sir, I don't know anything of the kind,' was the emphatic answer. Russell testified from the standpoint of the defense that Gordon had offered him [money], and had at last been ordered out of the [house] by Clarke, who had become so [angry] that he declared he would never speak to Gordon again. Yet Russell said the conference lasted two hours or more. The witness was extremely nervous, and hesitated before making some of his answers.