The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-08-04


/ or NORFOLK
Cbsamon"sa'th q Virginia 81. John D;cker. Of s,al:n
ktanf, NY, Charged utd tie Murder Of yohn Murphy.
Hon. Richard II. Baker, J1dee
This case has excited cfep interest IN ths coamr MI
IT, The csrcumssaces ere briefly tasss Oa the nigh.
Of the i2tA OF Nay the prisoner met tie deueased ct
dsirking house Lsp. by rd.yidual named HArnsa,
where they had dihcuty Ard tbs prisoner struck
~ Au-pay. TIE Keeper Of ths house irterfsrsd and
they war; separated. afterwards tho prisoner sf.
Haarsecs tou,e aa in about ten un,tss tae deceased
alec ieft. lie found about o'eoo. on .hs morn
irs OF shs 18th May in the street severely stsbbsd and
died II a fss hours The prisoner Immediately
resssd on tosrc Of vessel then Eny Ia che rtyer ard
examined before Mayer Stue.s sad cczni.tol for xisL
He has had tbs bsnsst % tie best counsel Hsn Jehs
g. Miison ard Tsasrel Taylor, Es9 h.,tae sesa EN-.
p'oJed .or she deecee The prosecution saly
tne.edby r. r Mao. Eeq Conmosw.ash Attorsey.
Tho eauze wa called At heregulA tsra Of ths Creuit
Court in Jarc but rond BY Judge Baker to .hs
SPECIAL term On motion Of tho courss fof thu accused
VINO STATED that very brief period o. time as elapsed
since tie murder, that tho public fseirg highly
dsd and that eeyersl important Witnesses tor the de-
fencs we're absent aad csuld not be obtained ia as for
tie trial at ths term
Tie Attorney FOR ths Csnnonweaita sppotes tse no
too, ca tae ground that eevera important witnesses
OF The Commonwealth rsaiitnts OF other AID dh
neuce, ssd that Others fearing er aat liable
TO be called OF at Any hme distant vsy ages Tue
Judge hoyevsr sscidtd That the trial should be pos.
penea anti tho special term in Jry. The exclteu
instsad OF diminishing has rather iacroassd and thsrs
ersa: difficulty in oStsinng jury. Ths eAs, was
conducted with markell ability BY TITO counsel On both
ties ard vas listened to with krest attentoa by the
crowds taat thronSed tho court room during the whols
trial.
ekPrt Ia cf q
tive Of staten Isisad Nav York sud OF rs.tsr prspos
seesisg Appearance He vas snxsgei ia oy,tsrsx and
At ths TINA OF his arrest 10 comu nd Of srs.n
vessel employed IN that business lie Is said TO be 70
specially connected his mother who resides On staten
Idand present during as who,s trial sai bsr care
worn oounsenAaos elected tho deep sympathy Of tho
| spectators.
Tbs special term Of the court commenced this day the
caIsd ard the prisoner brought into court
lis APPEARED in good health, hat sansxhs. pas from
ccfdtnos that be whom before tbs exsmaire
| court but vas a1sta csu End collected.
Iss ,'as ana witnesses were tsen called but By the
hLusd until Aoaaay, and the prisoner TO
| jail
! MONDAY, July %, 1855.
TIE cause called thiA dsy, ard the attorney for
the commonwealth stated that hs willing 20 into
dAl although several OF his witnesses wess abs.nt.
Tbs for e accused stated that they ready
and tbs priAcner brought into Court Tas witnesses
snsweret to ther names ON noticn Of tina At.craey
the tommoA wealth the ucge Issued rules against the
sb'ens ,eafsmen The bill 81 intiotme n: then read
o. the clerk ard the prisoner pleaded guilty The
venrtmsn were tLfn called and sworn 60 answer cor.
recty Zach questicrs the Court ms PROFOUND A
each wa cAsd no closely questioned whether
no had hsrd the e.enrs in the cause and whether he
had nste up his mnd and expressed opinion with re-
strict examasicp only nine wsr. admitted by the Court
as COMPETENT nirenen Tho Court stated that In visw
Of The Importance Of tbs cAue he deemed it sxp~dient
II
be put in the custo. OF The Sergeant and kept together
untn the meeting Of the Court the next m5rnns and
tie prisoner remhneed Ons the deputy sergsaots j.
hsIdy Heno;en Lsq then took tbs oath prescribed by
Law and conducted nsr, to the hotel provid.dfo them
The Count tben rned until tho morning at
10 O'Clock, after requiring the propt aoniAnce Of the
witnesses ana ordering geatrs f,cas for twenty four
Jurers, rstErnasle The aext morning
TUESDAY, July a. 1855
The court met according 20 adjournment. 1hs priso
nsr vas bIous ~ IN aaa vtnss,es called The yeolrs
was then oailed, and OF ths number summoned Twenty
four only eight were found competent Jurors. tie
others havirs either formed and expressed op,nan,
or declaring themselves 10 be opposed - capital punish
meEt under any circumstances, from conscisntious
srupies. renus fo,ios for twelve jurors was tho,
ordered seturpsbs as soon as could be txscutt Out
Of TIE twelve four only found competent and one
who had basn chosen excused from serving on tho
plea Of sickness Another renr. f,cias was than or.
csd for twelve Jurors and given TO IN. sergeant for
immediate execution Having from this finally compile
the accused pioeesdsd to stris OF eight, and tbs re.
naming .its.n selected Sy ballot tcsi,, from their
1hs Court THEA adjourned Until AZ o'ciocI, after
placing the jury IN n. custody Of the Sergeant III.
Jury was composed OK the following gsntsmeu
l william Godfrey, William 7. White,
2 John s Rssmosd, !, 9 Charles G Smith,
Richard DsyIs, II william .. Dunbar,
q James 6. White, Il William T. HArrsoa.
AFTERNOON SESSION.
According to Adjournment, the Court met ~ -.
O'Clock. Notwithstanding the intense heat the court
room was crowded with spectators, and much effort
vas required TO prevent the distraction Of the win
The sergeant william : Hsndrsn) stationed extra
officers 1T ths doors with orders TO ADMIT within
the bar except members Of the bar officers OF the court
and wtnasss. Much credit L. due this gentleman for
the rtmarkab order that characterized the entire pro-
cesopgs
Tie iory and witnesses having been called the ceua
rel for the accused made ectioa to the admission Of
the te,tmopy Of Jerry Vaughan q prominent witness
in Nov, mter 1892 convicted u felony and sentenced
to hvs years. imprisonment in the psntenti.ry He re-
read the Revised Code Of Virginia OF I3is the sec
ton stating that Except where - o.hsrwi,s express
viinssf unless be has been psrdoned or punished there
fer and person convicted Of perjury shall not bs wit
terded tEat Il deVolvsd on the commonwealth. to
prove by the kstrsr OF the psnitentsry, and the
books o, tsatinstuon tha. vaughan had a,uaiy been
consrsd hers for tbs term Of years required By this
Commonwealth, on tie ground tina, Il such proa were
required he officers Of the Psnentary would be sub
'eva to serious Inconvenience In their liability DO
summon ed at the time 10 several aud distant por
tions Of the common wealth He wss prepared 70 prove
BY The ohosr who carried Vaughan 20 the penisntAy
that he had delivered him TO the custody Of the asep
and that about the time whom his term Of ave had
siprsd sauss.n retained TO this city, whore he had
been Hyins ever since publicly and that no attempt
the srcun. tina. he had 30. served out his ne.
Ehas Guy, captain OF the watch, cillsd AMI tes.
uGsd 10 the corrscness Of the staemsp mAty By the
attorney for The prosecution.
The Court decided that TIE burden OF this proof
vas on the counssl for the defence the comm,n.
wealth. hal introduced witness and the dsfencs COZ.
tended that hs not competent nov the opinion OF
the Court a. that ths defence must prove tbs witness 70
be incompetent the Court must decide his testimony
10 to valid, unless proved to the contTny
The counfe requested that this Ju5gs would give hts
opinion In writing Pending tbs dec!sion OF the Court,
an intense ercitsment psrvsded the who.s assembly
The rejection OF vapshsns testimony would have 81
nest ouned 10 . virtual aoquttsl When the tsci.
rion Of tie Court vn known theirs wAs great disiAlty
10 preserving order.