A Saloon Killing, a 42-Hour Jury, and a Second Conviction

THE SAME VERDICT.

James Murphy has been a second time convicted of murder in the second degree for shooting Fritz Dawe, the saloonkeeper, July 9, 1893, in the old Copper Chief saloon. The verdict was announced late yesterday afternoon, and the polling of the jury was witnessed by a considerable number of spectators who had heard of the agreement.

A few minutes past 4 o'clock, after the jury had been out forty-two hours, the weary bailiff heard a rap on the door and was informed that a verdict had been reached. The news was sent to Judge Humes, but a considerable delay ensued before the court could convene, as the judge was absent at his place near Columbia. He entered the room at 6:10, and after Murphy, with a face deeply marked by anxiety, had been brought in by Night Jailer Yerberry, the twelve men, worn and haggard by their long deliberation, marched to their places.

'Have you agreed upon a verdict, gentlemen of the jury?' called out the court.

The twelve men nodded and spoke in voices scarcely audible. 'We have.' The verdict was handed up to the court, who glanced at it, and then handed it to Deputy Clerk J. B. Gordon. Murphy sat at the table directly in front, and gazed intently at the clerk as he rose with the narrow slip of paper in his hand. As the words of doom fell on the ears of the convicted man his face changed momentarily and then relapsed into its habitual expression.

'Do you want the jury polled?' asked the court.

'We do, sir,' answered John C. Whitlock, who represented the prisoner.

One by one the jurymen, with Murphy facing them, arose and answered 'It is' to the question, 'Is this your verdict?'

When the last man had responded, Mr. Whitlock gave notice of an intention to move for a new trial, and the court adjourned. As Murphy turned to leave the room, his hopes of acquittal blasted, he drew in his breath and an expression of bitterness darkened his features.

What the jury did during its prolonged session has not been disclosed. The impression prevails that the verdict is a compromise, and that some of the jurors favored a finding of murder in the first degree.

Both Mr. Hastie and Mr. Wilshire feel gratified at the result of their efforts at prosecution. They went into the trial heavily handicapped by the fact that they were new to the office and that the crime had faded from the minds of witnesses. They had been so busy with other matters that little opportunity was afforded them for conferring with their witnesses. Indeed, the witnesses in rebuttal met Mr. Wilshire during the last day of the trial while Mr. Hastie was busy in the courtroom. Under these circumstances they are satisfied with the verdict.

Mr. Ronald and Mr. Piles for the defense declare the verdict will never hold in the supreme court, and that Murphy will yet go free because he has once been placed in jeopardy. The punishment for murder in the second degree varies from twenty years to life imprisonment.