Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1867-09-28
THE VANCE STREET HOMICIDE.
Magistra e's Examination - Ao-
quittsl OF MI owens.
Examination of witnesses-What
the Evidence Amounted to.

the GVtdonCo a mounted TO.
Mr. James 7. Owens, the conductor Of
street car No. 20, who killed Mr.. James
s. Murphy, Metropolitan Police clerk,
on Vance street, Thursday night. was
brought before Esquire Moore for exam
ination yesterday afternoon. The inter
est felt in the case caused the little court
room to be filled with spectators. The
testimony was clear, and revealed that
the conductor of the car showed every
disposition to prevent disturbance, and
resorted to extremities only when his
own life was jeopardized. 1t was proved
that upon being aroused Murphy in
dulged in the most abusive language,
using epithets of the vilest character,
Notwithstanding the presence of ladies.
The witnesses examined we're Mr.. Thos.
Cockrell, of the Gayoso, James Sheahan,
the driver, Mr. B. T. Plummer, Capt.
Winters, detective McCune, Mr.. G. c.
Price, Mr.. j. L. Norton and Capt W. 81.
RhGa. The two latter bore testimony as
to the good character of the accused.
All the facts in the case appear in Mr..
Cockrell's evidence, which we subjoin.
He was the only gentleman on the car as
passenger. His testimony is to this
effect;
/ was visiting at ST. Agnes Academy
on Thursday evening with a lady. We
waited for car and one came up. The
passengers got off, leaving three young
ladies and Murphy, the deceased, in the
car He was sitting at the end of the
car; he was asleep, but the conductor
did not say anything to him till after the
car started he then went up to him and
woke him up, when Murphy said to him,
cd d-n you, / will knock you
down." or cd d-n you, will
knock your -dhead off" He kept
swearing till the car reached Orleans
street, when it stopped to take up lady.
While Murphy was swearing the three
young ladies ran to the front of the car
they afterwards told nae they had come
out to take a ride The conductor then
began to make up his book, or to
count his money, when Murphy
still kept on swearing, and trying to get
up difficulty. He said, II am an
officer" and the conductor asked him to
show his badge. He opened his coat
and showed it, but refused to give his
number, and still continued to curse on.
At last, Owens, who was doing all in his
power to prevent difficulty, got up and
told him if he was an officer he ought not
to swear in the presence of ladies, when
Murphy replied, Il don't care d--n."
Owens then said he was no gentleman
that he was coward to act so ungentle-
manly as he was doing, and that if he
did not behave himself he would put him
off the car. Murphy replied that he was
an officer and would stay on. At that
time Owens got up. They clinched and
stepped out of the car on to the platform.
They were only step from it. Murphy
drew his pistol, and as they both fell off,
Murphy had the pistol in his hand.
did not see Owens knife until he came
back to the car with it. There we're five
ladies in the car when this occurred.
To Mr.. Yerger-I intended several
times to interfere, but the young lady
who was with me requested me not to do
so, and not to get into difficulty. Owens
tried in every way to stop Murphy from
cursing and swearing in the car; he did
everything that a gentleman could do,
and was much more cool under the cir.
cumstances than l could have been.
When they went over the car Murphy had
a pistol in his hand. saw Owens make
a lunge at him as they rose. / am posi-
tive that Murphy drew his pistol with his
right hand before they fell Owens
struck at him with his left while he held
or turned away Murphy's pistol with his
right. AS Owens came toward the car,
Murphy followed him, pistol in hand,
and fell. Owens, as soon as he heard
Murphy was dead, came up to me and
asked my name, in order that might be
called as a witness. He offered me the
knife, but Irefused to take it, and he then
asked me what he shuold do, and told
him to 90 and give himself up.
To Mr. Richards-Murphy drew his
pistol before they went off the car. He
was the smaller man of the two.
The State was represented by Chan
ming Richards, Esq, Messrs. Sale and
Yerger appeared for the prisoner. Mr..
Richards dwelt mainly on the fact that
although Murphy had drawn the pistol,
Owens had grasped it, was physically |
the more powerful man of the two, and
could probably have wrested the weapon |
from the deceased. He did not think
Owens life in danger, under the circum-
stances. 1t is equally true that Muir
phys pistol might not have been charged,
and if charged, the cap might have re-
fused to explode; but with the weapon
pointed at him Owens had little time to
consider such fine points. We allude to
this merely to show upon what slender
thread the prosecution hung. Upon
the conclusion of the argument the mag
istrate closed the trial by remarking, u
think it is clear case of seltdefense.
Let the prisoner be discharged. The
result created much satisfaction, and
young Owens received numerous con-
upon having established his
innocence.
RELIGIOUS SERVICES IN FORT PICKER
iSG.-There will be service tomorrow
afternoon at four o clock by Rev. I. d.
at the academy of Mr. I.