New Orleans daily crescent., 1860-11-13
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| THE CITY HALL IaBRoGLIo.-The unfortunate
dispute as to Jurisdiction between Mayor Monroe
and Recorder Emerson remained yesterday in stattt
quo. But yesterday the Recorder took step to-
ward having legal and lawful settlement
| of the difficulty. He sent summons to Mr..
Frank Grace day officer of the lookup, to appear
before him at o'clock this morning, to explain
why he should not be punished for contempt Of
the Recorders authority, in refusing to discharge
| prisoners upon his order.
1t is well known that no police officer dares dis
obey the order of the Mayor or the Chief of Police;
and that in obeying the Recorder, in direct viola
ton Of contrary orders from his superior officers
| (the Mayor and Chief he would only be cutting
| off his own head, in an official sense.
So far as we can understand it, the Recorder has
no actual disposition to punish any officer, but
takes this course in order to send Grace to prison,
so that the other side may out writ of habeas
corpus for Grace, and thus bring the whole matter
to legal test before one of the district courts.
We know that both the Recorder and the Mayor
wish this thing settled; and so do we, and the
whole town, who are friends of both. Let the
law decide.
THE KILLING OF DENNY MURPHy.-The Coroner
last evening investigated the killing Of Denny
Murphy by officer John Price, The following testi-
mony was taken:
| Ellen Smith, sworn-0n the night of Tuesday,
| the 23d Of October, Denny Murphy came to the
house where | stay, between IL and IL o'clock.
He was intoxicated and went to bed. His head
scarcely touched the pillow when he to sleep.
| was in the same bed. About quarter of an
hour after he came to bed I heard some one coming
through the middle room to my apartment, and
surprising it to be soma of his friends raised the
| mosquito bar and told them to Keep back, that
Denny was asleep. then saw John Price enter at
the door, and turning around said: "Oh Denny,
wake up p Denny did not awake at this, and before
| I could arouse him Price had reached the bed and
| lifted the mosquito bar and saw pistol in his
hand Price laid his hand on Denny's shoulder,
saying wake up, you d Irish, cab driving ~
-, you can't bully-rag me as you did those poor
watchmen?n Denny did not wake up at this, and
Price then caught him by the hair, making the use
of the same epithets, and adding, 'you must go
got @ up on his knees in bed in his undershirt and
| drawers saying: John Price, you d., Irish
thieving -, you can't take me to jail Lieut.
jacques who was at that time standing on the sill
| and 20 with me.n Denny said, g Yes, Lieutenant
| I'll 90 with you" The Lieutenant advanced to-
wards the bed, and Murphy made step to get
down from the bed, continuing, but that theying
l
Lieutenant was standing talking to Denny when
Price thrust his pistol over the Lieutenants left
shoulder and fired at Denny. | halloed and went
| towards Denny, while Price turned quicklyinto the
| middle room. The Lieutenant followed him
at once, and said: Mr. Price, give me your pistol
what have you done?'
To Jufor-When Price lifted Denny up by the
hair Denny could not have helped but to awake
and hear Prices expression. The Lieutenant told
a watchman to arrest Price, and went up with him
himself When Price fred at Murphy he shot him
in the corner of his right eye. There was no other
pistol fred in the house except by John Price.
frank j. Read, Sergeant of Police, First Dis
/ trict, sworn-On Tuesday, Esd of October last at
about half-past IL o'clock ?. NJ, while Sergeant
| Williams and myself were standing at the door of
the Barataria oyster saloon, on Dryades street, be-
| tween Common and Gravier, Lieut.. jacques, spe-
cial officer John Price and Mr.. Vim. Holmes came
along Dryades street from Gravier. The Lieuten-
| ant stopped and told him how Murphy had
been acting, and took him in to see a Span
| lard whom Murphy had beaten with oyster shells.
| | told the Lieutenant l had been informed that
Murphy had just gone to bed in a house on the op-
posite side of the street. The Lieutenant said, If
| he is there let us GO and arrest him. Finding he
was not there he crossed the street to Bridget Mol
| loy's, and Lieut.. jacques or Price, do not know
which, took hold of the edge of the front door and
pulled it open, the door not being fastened, but
merely closed to. Price, the Lieutenant and my.
self stepped into the front room, where we found
several women, one of whom replied to Prices
| question of Where is this Denny Murphy2' :" He
| is in the back room" We went into the back
room, a cabinet Price leading the way and closely
| followed by the Lieutenant and myself. Price en-
tered the cabinet first, and raising the mosquito
bar with his left hand, looked under the bar into
the bed and said, :" That's Denny Murphy Muir
ply was lying on the front side of the bed, on his
back, and apparently asleep, Price reached in
/ and catching Murphy by the hair of his head, he
said, :" Get up here, Cd d--n you; you cannot
fool me as you have done with the watchmen."
! Murphy raised himself to sitting posture in the
bed and recognizing who it was said, " John
| d.. hiaYtipn fFiu will nOt nn wifi
you will go with Lieut.. jacques (polntiag toward
/ the Lieutenant9 or with Frank Read" While he
was speaking he had risen to his feet in the bed,
and was shaking his finger at Price while he spoke.
The Lieutenant told Price to go away, and told
| Murphy to put on his clothes and GO with him. All
this time Murphy and PRICE were cursing each
| other. Murphy was just in the act OF getting
down off the bed when observed McMullen and
| Farrell about entering the ROOM turned toward
them, by which my back was turned to Price,
Murphy and the Lieutenant, and told them to go
back on their beats, that there were enough OF us
| to arrest Murphy without them.
I had hardly got these words out Of my mouth
when pistol shot went off behind me, and heard
the Lieutenant exelaim: My God, John, what
passed by me toward the street, followed by Lieut.
jacques stepped forward and caught Murphy
in my arms as he fell at the foot Of the bed. l
| raised him up into chair, thinking he was dead,
but in an instant saw that he was not and calling
4 outfor some one to run for cab, and to bring me
some towels to staunch the blood that was running
I from his wound in torrents Several OF the women
1 came in and gave me their pocket handkeTchieis,
with which and some towels | tied up Murphy's
head almost entirely stopping the blood Murphy
then came to his senses, and recognizing my voice.
4 he said i" Is that you Frank ~ replied, " Yes"
i He then said, a Frank, am dead man." / told
him, q Oh, no, you are worth thousand dead men
yet" l took him to the Charity Hospital in cab.
Lieut. jacques gave his testimony, inwhich he
differs from Ellen Smith and Sergeant Read in
stating that Murphy had jumped down from the
bed and had struggled with Price previous to, but
not at the time of the shooting. On being ques-
toned, this witness said Murphy did not strike
Price, but merely struggled to get away from him
| as any drunken man would. With this difference
his testimony was substantially the same as the
I others.
Sergeant Thomas Williams was in the middle
room at the time of the shooting. His testimony