The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-03-19
LEGAL INTELLIGENCE.
TIE RuRNs HOMICIDE.

| it's behalf. Dr. Bruce one OF the physicians at
| st. Joseph's Hospital, testified to the nature of
| the wounds which resulted in the death of
| Joseph Murphey, on the Dist of July last His
evidence was oorroborated by DIR. Shaplelgh,
the Coroners Surgeon.
Jane Lemar testified that she saw Murphey
| drinking beer at Girard Park, at o'clock, on
passed Jennie Arnold who was spreeing; a man
struck Jennie twice, and then Murphey turned
! Murphey took the man by the vest and spoke
| to him gently; hethen let go his hold when the
man commenced striking him. The witness
! screamed murder, which brought twenty or
| thirty men from the bar-room; the first assail-
! ant had Murphey down, and the Others assisted
| him; the woman finally commenced to scream
| that her assailant had large knife; Murphey
was lying on the ground with five men on him.
! one of whom was owen Burns. The witness
! asked them to let Murphey up, but one of the
| men struck her in the breast, when she ran
! away for the police; Murphey finally got out of
! the crowd and went into the Park Hotel, almost
! falling as he went up the steps; he then dis.
! covered that he had been stabbed On cross
! examination the witness testified that Burns
! was not the man who had the alteration with
| Jennie Arnold.
! William Richardson testified that he saw
! Burns kicking at Murphey and stopped him;
! halfa-dozen men were at Murphey; witness
Amanda Goodwin corroborated the testimony
| of Jane Lemar and said further that a second
! crowd, composed Of Murphey's friends came
! upon the scene, and n general fight ensued;
! witness did not see Burns; she released Muir
! ialing him hack and heating him. some Ladies
| then screamed, "For Gods sake! look at the
! knife!' witness then ran of. and when she
! returned the crowd had Murphey down, and
oscar Allison testified that he saw Burns
! knock down woman, and then pull out a
! knife, with which he attempted to cut Richard
! son; Richardson lodged the knife, and then
! Burns struck Murphey in the stomach.
On the cross minatiOn. witness identified
! Jennie Arnold as the woman knocked down
| Dy Burns.
Jennie Arnold testified that she did not know
| Burns, but saw him on the dancing floor that
day, and was spoken to by him: she next saw
nj nun Wi nd
! drinking some; she was struck in the face and
| knocked down, but not while the men were
! fighting.
On the examination she said that Burns
did not strike her; she did not know the man
who did; she did not see Burns in the fight; it
was the person that Murphey took hold of who
struck him.
! and the Court adjourned until this morning.
The Court reassembled at IL o'clock this
MIR. Cochran opened for the defense. He
said:-He would make no studied speech, or
have any set phrases; but he desired TO as. DIS
fairly and kindly. He would endeavor to pro-
duce, EVIDENCE that would result fayoraoiy to
| difficulty after hearing the evidence In render
ing verdict of not guilty.
You have in your charge a young man who,
for the first time in his life, is arraigned in a
criminal court upon one OF the most serious
charges-a young man who, from boyhood up
to this day, has pursued the pathway of honor,
sobrlety and industry, who has had q character
| to defend He has been enabled, by the sweat
of his brow to contribute to the support of an
aged mother, now bowed down with care and
grief at the sight of her son passngsthrough this
ordeal.
The witnesses for the defense were then ex-
Jacob Dinzie sworn-I reside at No. l4l2 n
Eighth street; have known owen Burns ever
since he was little boy; he worked with me fol
about five years at brick-making; never knew
him to carry deadly weapons.
officer Johnson sworn-I have known owen
Burns for fifteen years; have never known OF
his being arrested.
John Cloud sworn-I have known Burns about
six years; have known him intimately; never
saw him with, or heard OF his carrying a deadly
weapon.
Hester Coward sworn Il live at No. 92I
Coates street; the first of the fight l was going
down the lane towards home; 1t was after q
o'clock; saw Jennie Arnold and young man
quarreling; they were up against a tree; saw
him strike her, and knock her down twice; then
Joseph Murphy came up, and said ne ne
didn't S like to see see a woman str struck; 6G,d he
and the man said, Let go of him." he
let go, and the other commenced beating
him; Murphey struck back and they COM
menced fghting; went down to the Park then
and saw Barns up by the drinking bar, and in
towards the place where they were lighting; /
followed him; when got back again the strange
! Young man had Murphey on the ground, and
he was on top of and beating him; there was a
! crowd of men got around them and said,
B1PPns BGPns was, al the time, outside of the ring,
and outside of the crowd of men; Richardson
came up and struck Burns, and knocked him
| down; Burns still on the outside of the
crowd and had not been inside; then Richard
son and Crane commenced kicking Burns about
the head; while this was going on the other
two men were fighting inside
Burns got on his feet, and wanted to shake
hands and make 1T up with Richardson; then
Burns jumped over the fence, and ran through
the field; Richardson, Craig, and two or three
! others followed him; when Burns got about
half way through the field he fell; then Rich
ardson and Craig commenced kicking him
! again in the heau'
Constable Swift came over then and took him
away; while Richardson was kicking him he
used very violent language; / saw Burns after
man man who frst committed the disturb.
ance that afternoon was the man who
struck Jennie Arnold; / am certain it
lin lin strike Murphey that day; I know
Burns slightly, and could not be mistaken
about his person.; the drinking bar is about $50
feet from where the fight took place. didn't
see him insult any one, or exhibit knife; /
went to the park because there was a party
there: l didn't know that Murphey had been
cut until got home in the evening.
Cross-examined-I was right up along
eide of the man and Jennie when l first saw
Goodman there; 1 did not see Jane Lamar
until the fight was all over; statd there about
five minutes; heard no one cry murder; when
came out OF the field / saw Murphey going
down the lane; that is, when l first saw him
after the night
Oscar Fox sworn-I was riding out near Glrard
Park on the 10Th OF last July; saw disturb
ance there drove in; saw a man knocked down.
don't know who the parties were who were
hghting there was about twelve or fifteen men
engaged in fighting among themselves. I saw
Burns coming up the lane from the house.
when he got near the fight some man mn fisf
, q knocked him down; the men GOT to WhIp-
ping him. ana he jumped over the fence: Judge
there was fifteen or twenty after him: thew aot
him. then knocked him down and Kicked him
terribly Burns was ON the outside side Of the
: Burns away from the crowd that were beating
took Burns; l didn't know Murphey.
aNw..1 mi