New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1861-01-17
VOLUME XIII.

pointed and swore in Franz Otto Schroeder as the
regular interpreter of the Court;
Murder Trial Co1ltiaucd-The trial Of John
Henry for the murder Of jim Porter, fixed for yes
terIay, continued.
Trial Of John Price for l[lty'ter.-John Price,
the late special officer under Lieut.. JaQuess, Of the
First District police, was put npon his trial for the
murder of Denny Murphy, the cab driver, Col.
Field and L. Madison Day were counsel for the
prisoner and Attorney General Semmes prosecuted
for the State. The following jurors composed the
jury: W. S. LacOurt, Peter Doyle, A. Hemnlingar,
r. S. Burke, J. G. Grattan, f. Green, s. Swopc, J.
Lloyd, Peter Ford, J. G. Reynaud, N. Conway and
l.. Gester.
The circumstances of the case are fresh in the
mind Of the public On the night of the 23d of
October last, Denny Murphy got drunk and began
cutting up wildly. He gave Spanish oystershop
keeper violent beating; was arrested. atter
having defied and beaten several police officers,
and dcied and escaped from the Chief of Police,
and after his arrest escaped again and took refuge
in an engine-hOuse on Pcrddo street, whence he
escaped further, and his friends then conveyed
him to the room of Ellen Smith, cyprian with
whom he lived, in the house Of Bridget Molloy, on
Dryades street. between Common and Gravicr
Lieut.. Jaquess, subsequently hearing Of these
proceedings went, with his special officer John
Price, and Sergeants Read and Williams, to arrest
Murphy. When they entered the house Murphy
| was in bed with Ellen Smith, asleep.
Ellen Smith testified that Price came into the
room, and she seeing him, told Denny to wake
up, but he did not Price approached the bed and
| said, " You id cab.driving son Of b-h, you
| can't bullyrag me like You did those poor watch
men," Murphy did not awake; Price then raised
the mosquiro-bar, and, reaching over the woman
seized Murphy By the hair; as he raised the bar
she pistol in his hand. Murphy, waking up,
| called Price id Irish thieVing son of a b-h
and rose to his knees to get out of bed; they were
| Gursing each other, when Lieut.. Jaquess entered
| and said, " Come, come Murphy, come with me :"
Murphy said he would go with him; and just as he
was getting out of bed, and his foot was on the
floor, Price put his hand over Lieut.. Jaquess
shoulder and shot him.
Lieut.. JaQnes5 testified that when he entered the
room he saw Price at the bed, and Murphy raised
mp in bed with his back to the wall 9esticulatin
| violently and using vile language. When Murphy
got out of bed, he and Price cio ed and struggled ;
the Lieutenant forced himself between them, saying
to Price, Go away, John, Ill arrest the man -
and believing Murphy to be drunk, tried to pacify
him he tried, but not forcibly, to push past the
| Lieutenant to the door, at the same time shaking
his finger at and abusing Price. The Lieutenant put
his hands on his shoulders to quiet him; he became
quiet and said he would 60, butnOt with that thicv
ing of b--h, Price; the Lieutenant was trying
to get him to put on his clothes, when he heard a
rush behind him, and saw flash and smoke; saw
| Price at his side, and said, " Great. God, John,
what have you donc%' and Murphy sank Oh the
| floor.
sergeants Read and Williams, who were in the
house at the time, Capt. FremauX, Bridget Molloy,
DR.. Berthcot and the Coroner, the only other
| witnesses examined for the State. Ellen Smith
and Lieut.. Jaquess were examined and cross-eX-
|
to give the testimony in full, for it related chiefly
to the drunken and violent conduct of Murphy be
fore his arrest and escape, and laid bare the inner
lite of one Of the very lowest and fithiest brothes
| i'll the city.
| The witnesses examined for the defense were
the Chief Of Police, John McClelland; Joseph
| Ryan, Antonio Franco, l.. N. Whitney. John Cot
tam, Thomas McLanathan, Mayor Monroe, Ex-
| Mayor Stith, Ex-Chief of Police Adams, James
| Davis, L. J. Mcclure, Smith Isard, A. Leroy,
James Price and J. NJ. Farrell. Among the above
| were the officers and others who saw and en-
perienced Murphys yi0cuce. The remainder tes-
tilted to Prices humane disposition and his good
| qualities as an officer, except one, McLanathan,
who testified that he was in the backyard of the
| br0thcl: heard the quarrel between Price and
| Murphy in the room Of the woman Ellen Smith
and heard Murphy taunt Price with being the son
of prostitute and the BROTHER of prostitutes, and
with having acted as pimp for his mother and sis
| ters
In our brief account of the testimony of Ellen
| Smith and Lieut.. JaQuess, given above, we gave
| only the testimony which bore directly upon the
act of shooting, and upon which there was no diff
ference in the testimony of the two witnesses. But
| in other respects their testimony differed widely
and the testimony of Sergeant Read conficted with
that Of the woman Smith upon many points. She
said Price was the first mnn to enter the room
Read said he entered with Price she said Murphy
was at the back of the bed Read said he was at
the front of the bed; and SO on.
The trial lasted all day and the argument began
in the evening. The Attorney. General opened for
the State. Mr.. Day, and then Col. Field, argued
! for the defence and the Attorney General closed
| for the State.
The Attorney-General in opening, denounced
the act of the officers in invading house and bed
room to drag man out, without warrant, when
he had committed merely breach of The peace.
The defence met this by showing up the low and
public character of the house and bedroom, and
| the wanton and violent character Of Murphy IS
treatment of the oysternlan Franco and the police
officers; they argued the right of officers to enter
such house to arrest without warrant,
under the circumstances.
The defence did not deny the killing they ar
gued the absence of previous acquaintance or
malice between the deceased and the accused the
discrepancies in the cypran's testimony, and her
low and worthless character; the aim of the argu-
ments being not TO secure an acquittal, but YER
dict of manslaughter merely.
The Attorney General, in closing, discussed the
points of law raised by the defence, and then sim,
ply drew the picture offered by the testimony-an
undressed and unarmed man, in his own bedroom
Lieut.. Jaquess between him and Price; he under
arrest, and telling Jaquess that he would go with
INN ike gentleman; ana Price, at this lunCture
reaching his pistol over the Lieutenants shoulder
and shooting Murphy in the eye.
| The Court was crowded from morning till night
1t was l0} O'Clock when Judge Hunt finished his
charge and the jury retired.
We did not wait for the verdict.
P. Sat five minutes past II it was telegraphed
to the Central Office that the jury could not agree
and were locked up for the night.
RECORDER EMERsoN's COURT.-Nlike Flanagan
was yesterday sent before the First District Court
for stealing about Sl00 worth Of iewelry out of q
bureau drawer in Bridget Dougherty's room at the
corner of New Levee and ST. Joseph streets, or
the 5th ult. in default of bail he was remanded tc
prison. Tom Flanagan paid $40 for smashing
things in D. Bergin's house on St. Thomas street
and tearing Officer Murphy's coat, on Tuesday
night. Peter Dalton, for handing his fist to Joli
Scullen on ST. Charles street, was asked for SO
not having the cash with him, he went down fol
twenty days.
Michael Corcoran charged with stabbing john
| Lyman in the side with dirk on the 9th Novem
Der, was discharged, Lyman failing to appear aftel
repeated continuances. John Reilly, who assaulted
John Malone with piece of iron on st. Charles
street, was dismissed at Malones request
The following parties were arraigAed and dock
eted for future examinations
Wan. Roberts, charged by Mike Mcguire will
beating and dangerously wouudiug Ann McAIahoI
on Tuesday night, at her residence On Tch0upit0u
laa street. 1.-THE affair mentioned by US yesterday.
Sent to prison to await the result.
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