The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-09-24

at
being only three days before the occurrence at
BradIey's Hotel. He knew that deceased h ad
bottle OF liquor with him when he came on
| board the Carlotta. He heard that deceased
had been In prison in Halifax He did not
know much about the quarresome nature of
| the deceased, but had heard that he had been
engaged in brawls in Halifax-that when the
deceased came on board at Halifax, he bore
upon him the marks of having been engaged
in some affray or having met with some acct
dent arising from his unfortunate habit of H.
toxication. But leave him for you to con-
slder his testimony AMI judge of him as you
saw him upon the stand. ts4
But the Frenchman himself told you that
Murphy's speech was pacific alton and not
the manner and the speech of a murderer
making upon his victim, What does he do
when informed that this man was a trespasser
in the house, that he has been making a fel
| ohious assault upon the sacred persons of his
| guests His first impulse is to get the man
| down from the place where he has created a
disturbance, when he knows that he has Gre
ated a serious disturbance, as he can tell from
the screams of the adies-not then ceased.
though the actuai attempts of this man upon
the door had ceased. Yet the ladies in theil
fright and terror are sending forth scream at
ter scream. Murphy lays bis hands upon this
| treSpaSser to remove him from the place where
turbance and he takes him, as under such cir
| cumstances, any man so placed as Murphy
was, would seize another to prevent further
depreciation aud to remove him from this
place where he had no right to be.
He puts his hands beneath his arms and
urges him along the corridor. The French
men testify that there were two thumps
These two thumps have something to do with
the evidence in this case, and very serious
something for you observe, gentlemen of The
jury, the government would have you believe
that this man was taken by two strong men
and thrown into the air and that he fell head
long ten feet and was killed. How then, if
this man was thrown into the air, and fell at
the foot ofthe stairs, as the government would
distinct thumps which these Frenchmen
heard? They were in No. Is. The two
thumps could not have been close together
but having that distance to pass from the po-
sition OF those stairs up in that corridor, so
many Instructions between the Frenchman
and the deceased, they could not have been
directly one after the other. !. .a sua
Omitting the testimony of Tewksbury 1 Z
come to that of Melville, who was sitting in
the bar-room, heard the noise aid went to the
foot of the stairs when he saw these three
men at the head of the stairs, the prisoner at
the bar, Shea and the deceased. As they
came to the stairs he rushed up by them and
when the deceased commenced the decent of
these stairs, or was propelled down the stairs,
this mans back was turned. He had no OPP
portunity to observe the manner in which he
went down the stairs. When be first saw
him, he was lying as the foot of the stairs; he
sat up, Immediately got up and went away.
He says furthermore-an this Is important
that when he first saw Shea and Murphy and
Murray, Murray the deceased was struggling
to get back into that passage way and that
he neuer ceasad his struggling, and that he
was doing all he could to free himself and
rush back into the passage way; that he new
er saw him cease his struggles to move back
till he saw him at the foot of the stairs. Ian,
The testimony of Tumbull was that he
was aroused BY hearing the screaming. it was
either the scream of a child or female; the
scream startled him and he locked out of
doors to see if the disturbance was there.
Mark you, these screams must have been loud
or they never would have reached the ears of
| this man who sat below, in the bar room.
He was uncertain as to the point from which
| they proceeded, and he went out. Hearing
| the noise and disturbance he went out and
attempted to 60 up stairs; that is the witness
who tells you he saw this man in the air, and
you observe upon crOss-examinatiOn the wit
ness said his body wa. about two feet above
the staircase, just in the position that would
be occupied by man that was falling down
stairs. He would have slid along very gently
or would have stopped on his way down, if he
had been on the stairs. He was Just raised
enough from the staircase so that he was in
the position that man would be in that was
tumbling do,on stairs. asa ..rtu /
will not review and discuss the medical
testimony which has been offered in behalf of
the government, but will proceed directly to
lay before you the substance of our defence.
On the Thursday morning before the Fri
day on which this occurrence took place,
Murphy-the proprietor of Bradley's Hotel
and the prisoner at the bar-going, as was
his custom to the "Carlotta"-the Nova SEQ
tia boat--and distributing his cards as was
his wont, handed one to young man un-
known to him, whom he had never seen be-
fore, but who proved to be the deceased Pat
rick Murray Upon Mr.. Murphy's return to
the hotel, and upon consultation with his
clerk as to what guests had come in, he found
that Patrick Murray was among the number
Of his guests; meeting him in his own house
tor the secoud time he had few minutes
conversation with him, the ordinary CONVEX
sation which passes between landlords and
their guests, and from that time had no COM
munication with him except, I believe, once
when he came in and asked for his shears
which were deposited there for safe keeping.
and SAID he was going to work, and then be
did not speak to him. With this exception
he had no communication with him then till
the evening of this occurrence. On Friday
evening Patrick Murray came in late to lea
and, entering the dining room Or the supper
room for the purpose and getting his tea, he
seated himself at the table near three ladies
also guests the house and who were in the
habit of taking their meals a little later than
the usual boarders. He had been there but
moment when, looking towards one of the
ladies, and in a somewhat insolent manner,
he addressed question to her, when did
you come over? ?" "When did you arrive ?" or
something of that kind. These ladies, not
supposing the man to be himself from some
cause or other merely looked at one another
but made no remark. He sat there where he
could have had an opportunity TO converse
with these ladies If he had known them,
where he must have known whether he had
ever seen one of them before he sat in such
a position to these ladies that it was impOssi-
BILE that he should have left that room with
| out knowing whether he had ever met either
of them before; but suddenly getting up he
leaves the rooms. Presently the ladies follow,
| 60 up stairs where this first .affray is said to
along that corridor they hear rush of feet
behind, some one appears to them to have
darted from room in the corridor where be
had been concealed. The three ladies were
| passing along the corridor which was perfect
| ly light; where every thing could be clearly
seen no person was in the corridor, when
suddenly they hear rush of feet and looking
around hurriedly see Patrick Murray, the de-
ceased, rushing after them with every exhibit
ton of rage or of intense excitement. In
their alarm they sprung inside their room and
are fortunate enough to close and secure the
| door before Murray is upon them. Then it is
that they first warn the inmates in that
house that an attempt is being made upon
some Of the dodgers; that some misc hief is
brewing. Shea, the clerk of the house, COM
| ing up stairs upon other business, hearing
| the screams of these ladies looks into the cor
ridor and there ut the extreme end where 10
is he sees the deceased with his shoulders
braced against the door of the room occupied
by these ladies, with one foot bracing himself
against the opposite wall, making the most
desperate endeavors to enter that ROOM
What is Shea's first impulse? What Is the
impulse of duty,of chivalry of decency? What
would any man do, whether he were clerk of
the house or whether he had never been in
the house before? 1t did not require author
ity in Shea to 60 to the rescue of these ladies'.
1t did not require that he should have called
assistance when he was already vested with
the authority which every man may take up
on himself in the defense of womanhood.
What does he do? He goes rapidly 10 the
end of the corridor and says "What are you
trying to do here?" The man says 81 want
my wife, my wife il in here" Shea says,
why, man, you have do wife here, you must
- r 4 "a = e