The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1859-02-19

placement of the blood was caused by the
blows on the head. Witness saw the marks
of at least two blows saw no marks Of Il blow
on the temple.
Cross Eramined. Never saw a case exactly
similar to this one. Has been practising
medicine since 1857. Murphy was not stout
man, nor a qnarrclsome man was about the
| same size as Harley.
john James. Lives in Hartford had a
quilting party abont tie 9TH of September
During the party Harley came into the house,
raised up Murphys coat tail and made fun of
him. Harley then made some offensive r.
marks to witness who ordered him to leave
the premises. Harley refused to leave, but
when Murphy went out directly afterwards,
II. followed him, walked up to him and com
menccd to quarrel. NJ. said = now Jim, what
have you got against Inc ?" ii. replied
SO Damn you, I'll club you, this night
Murphy then went back into the house.
Haley did not come in again; the first dis
turbance occurred about II O'Clock at night {;
about or O'Clock Murphy left with the
rest Of the party. At this time Harley came
near the house and inquired of witness if
Murphy had gone Witness replied, eyes,
Murphy has gone. and all are gone and you
had better 60" Witness heard Harley say
some time before that he would club one man
in Hartford county 50 that he would never
trouble him again.
Cross Eramned. Saw no drunken men
there that n ght there WAS whisky there, OF
course don't know who brought it did ut see
any or drink any; knows that Murphy did mt
bring any. Witness did not provide whisky.
Murphy and Harley were not sparkling the
same girl.
AT this point the Court adjourned.
SECOND DAY.
John T. .4yres. (callcd by Statc.) Was at
the quilting. Murphy and Harley were there.
Saw no disturbance in the house between
them. Left between midnight and day. AS
witness left Harley came up to James and
asked if Murphy had gone. James said he
had. II. said he would catch him before he
got far, and started after him and halloed !;
soon heard the sound ola blow. Heard Harley
say " lie there d-n you heard him halo
as he walked of, Murphy and Howe then
came back past James and took the road
Harley came from when he asked if Murphy
had gone. Saw no club in lis hand.
Cros- Examined. ARRAY took place so or
10 yards from James. Didn't Sc either
drink; don't know that they did drink
Harley didn't dance-Murphy did. There
were or girls and or men-or what
passed for men, (thc witness WAS il large boy).
There were more coats than pctticoats.
j. c. Campbell. Similar statement to that of
Ayrcs.
Robert f. Morgan, recalled. Harley was the
largest and strongest man the two. Murphy
had received an injury which disqualified him
for b, r | work. NJ. weight about 1I5 lbs, H..
about lG5.
TESTIMONY FOR DEFENSE.
J. O. Munn. Is the deputy Sheriff for
Hartford county. ,cxhibi cl a ro' 6 sictch Of
fin, roalS nrnunl JnmpS' hnuSn viii, which -
endeavorcd to explain to tn" Jury the dit
ference in the distance between the r";.l
which Murphy was travelling and the road
which led dir, city to his housc.)
Hugh Thomas He0ps Saw Harley few min
utcs after he was arrested Robert Morgan
had him in custody when witness saw him.
Robert T.. No, gan, rccaiiei. Arrested Harley
when he was at work in Streets field. There
are two roads to Mnrply's from James, the
difference in the distance between the two is
not more than $50 yards. When witness ar
rested Harley he told him he would have to
take him to Bel Air. Harley said :. what for. -
Witness replied you have killed Murphy
" Harley then said he had only stuck him with
his fist and that Murphy had struck him first.
DR.. Scarborough, recaiied. Neither of the
roads from Murphy to James are direct but
there is not more than 600 yards difference in
the distance.
Thomas Howe. Called by STATED Is the
father Of George Howe, who was with Murphy.
Saw Harley the evening after the affair occur
red. II. asked him if George had told him
anything about it; and said Murphy was
badly hurt. Witness asked him why he struck
SO simple man as NJ; he said NJ. had been
throwing his slurs at him long time had
known him elsewhere and it was an old thing.
Said he struck him twicc-would have irtch'd
him first time Int he stood too close. showed
him off and the next blow he fetched him !;
said he would have repeated the blow if it
had mt been for George; didn't say what he
struck with.
The Testimony here closed.
Messrs. Jones and Webster, the counsel
for the State, both made very clear and for
chile speeches, insisting that the crime was Of
the highest grade Mcssrs. Bitcman and Scott
used their best efforts to reduce it to Il lower
degree. The Jury were out one hour and re-
TUNED a verdict Of "Murlcr in the Second
Degrce.'