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

,harhs OF violence and brutality. We have no
knoWiedge OF his previous character OF habits
as developed here. There is nothing in the
case, there is nothing in all its history, there
IS notning in the evidence developed here, to
SNOW mat this man was ever peaceful man.
or good citizen. All that we know of him
Is by the report that he did once have wife
VINO, from the testimony here, appears to
nave He'd from the brutality OF a drunken hus-
oahu; All that we know OF his previous his
Tory beside that is that he came from the con-
iinement of Jail. All, then, that we know
OF MN, that there is developed in this case, is
Vi man drunken, brutal, violent, and he first
presents himself before us with the evidence
Vi MS drunkenness with the marks of vio-
renee and brutality upon his person, coming
rou a jail to leave the country which had
D"en his home He comes here unaccompa-
hled by wife or children he em,arks on
BOARD the steamer with no friend having suf-
hclent interest in him to come down on that
Wharf to bid him adieu About to leave his
nome and country for a foreign land, no man
IN that home or countr, had sufficient respect
ior MS character, or sufficient love Tor him, to
come down there and say parting word No
Womans tear, no grasp OF the hand OF any
irienuiy man was there, on this mans part
ing, anu parting apparently with the inten-
ti0n OF remaining forever from his home
where he had lived. Thus coming on board
In this condition the next thing developed in
the testimony is, that attempting, as he came
on board this vessel. TO pass down the hatch
way TO the steera9e where he was TO have his
berth. IN his drunkenness, with one arm ex-
tended, with bottle in one hand and a bun
die IN the other, at the foot OF the hatchway
we lind him Frustrated from intemperance or
intoxication. Unable without assistance to
reach his berth, he is assisted by two persons,
and placed in his berth. and then notice is
given to the acquaintance and the only ac-
quaintance but one whom he had on board,
ard this being but casual acquaintance ac-
cording to the testimony, notice is given that
this man is in such a helpless condition that
he had better go down and take his money
away from him, as he was incapable Of
taking care of it himself He doesn't
state on board that vessel that he
is in search or pursuit of any wife.
He reaches this city and on Thursday. the ID
day OF September, Mr.. Francis Murphy, the
defendant, going on board the Carlotta, as is
his custom, presented to him card of his ho-
tel. For that reason, probably, for no osher,
as developed in the testimony, he goes to that
hotel, not in search of any wife, but going
there as the other men went there, because he
had the card and address and direction of the
hotel. He presents himself there, with these
marhs OF brutal violence upon his face, with
the appearance, according to the testimony of
every witness who saw him, of man of long
continued habits of debauch. In the course of
that day Thursday he finds an acquaintance,
and such an acquaintance as you have seen
He walks about town with him, and in the
course of q couple of hours inaugurates that
new career of temperance into which Peter
Welch says he had professed to enter, by drink
ing. within two hours, glass of ale, aud de-
eoction of camphene and juniper which goes
by the name of DIN I'm ThurSd ova,;,,.r ha
returns to the hotel, and that evening he en-
tiers without leave, without knocking, without
right and without proof of any honest pur-
pose, two diffe 'ent rooms in that hotel in a
corridor not leading to his own room, and in a
corridor in which he had no right, and nder
circumstances which lead scarcely, although
they do lead to the possibility of some mistake,
r yet to no probable no fair or legitimate infer
ence that he entered those rooms for any other
than felonious or burglarious purpose, but
finding those rooms occupied, going into one
and then another successively, he turns about
and the next you hear of him, is having OBJ
tanned employment on Friday, he occupies
himself as a journeyman tailor on that day
till late in the afternoon, when he INDUCES in
another social glass of gin with his friend Pc
ter WEIGH In this condition we find the man
next going down to the hotel Friday evening
and entering the diningroom. He there seats
himself at the table, at which there are three
respectable ladies who are boarders at that no.
Vol anu tno young cnllu OF one OF them, and
looking at these laoies, he finally addresses to
Miss Lena Croatman, one of them, the remark,
when did you arrived" She said, ARRIVE
from where? lie made no distinct reply, but
with indistinct mutterings he finally leaves
the room. The ladies at the table then leave
the room, pass into.the room occupied by Mrs.
Murphy, and after some conversation with
her respecting some articles which one
of them had sent to the laundry
they take some articles of childrenss'
apparel with them from her room and proceed
up the stair case and into the corridor leading
to their rooms, which were at the extremity oil
the passage way. Opening into this corridor
was LO room occupied by the deceased. Into
this corridor he could go for no honest purpose
He had no rOom-he bad no acquaintance oc-
cupying room in that corridor-it did no
lead TO any other corridor, stair case or passage
way which led to any room occupied by him
or any acquaintance or friend of his. The cor
ridOr was lighted and they didn't see him in
the corridor. He neither preceded or followed
tn IN in the corridor as they could see CT Judge
and, according to the testimony. they had a
full and perfect opportunity to see HIM. Mrs
Hager then passed into room No 10, at the
end of the corridor. Niiss Lena Croatman fol-
lowed her. sitting in a rocking char at the
window with child in her arms Miss Enms
Vanwart, who was the last to enter that roo u
having taken the key from the door to unlock
it, for the admission OF these ladies is ABOUT tC
close the door, and as she is about to close this
door, aud when the door was partially closed
so as to admit of her being seen by person on
the outside, she suddeoly sees this person, W he
was not in the corridor when she came to the
io0r, and who appeared from some here, the
t ,stimOny not showing where, but shall have
OCCASION to advert to this hereafter. I am only
speaking OF those facts about which there is
no con roversy and no dispute. This person
suddenly springs violently at her with both
arms extended to make a forcble entry int
that room in which he had seen Miss Emma
Van Wart, and appIehend you will have NJ
difficulty in saying Emma Van Wart alone
frightened by the mans violeLce, and by the
Violence of this assault upon her and the door
she screams violently; at the same time she
suddenly pushes the door to, as she was in
he act of doing when he made this attempt,
turns the key, the man bracing himself against
the opposite wall, with his shoulders against
the door, pushes it so violently that they fee
the push and think it is about to give way
Two of them put their shoulders to the door
while the other screams "Murderr' and
watches from the window, and then the clerl
OF the house (Shea) comes, struggle ensues
IN which, whatever dispute there may be abou
the details of it, all the witnesses agree (anG
We. have the evidence of it only from thei
side,) the man was constantly persstiug in hi:
efforts to get to No. 10, and continue the
breaking open of this door, and the clerk was
trying with more or less violence to preven
him from doing so. 80,
LIE Blanc, the first witness on the part of the
Government, teStifies expressly in these words
| that the MAI was trying to get to the end o.
| the passage way towards Commercial stree
and that Shea was trying to get round him, t.
prevent his going towards Commercial street.
That struggle continued with more or less vic
lence, but with this effort to continue the at
tack upon room No. 10 on the part of the de
ceased until Mr.. Murphy, the defendant, being
called then by his son, who had been requested
by Mrs. tHager from the window to send hi
father up there comes there and finds Their
| two men engaged in this struggle in the pas
| sage way. Mr.. Murphy tried TO stop the at
| fray, The words that the Government wit
ness says he used were "Stop, hold on, hol,
on" No witness pretends that Murphy cam
down armed with any dangerous weapons. N
witness pretends that Murphy struck an,
blowaat the deceased. No witness pretends an,
encouragement was given by him to any act o
| violence to the deceased on the part of an,
| other person. All the testimony agrees OF
both sides that all he did there was to take THU
| man, with his arms under his shoulders, in thu
| manner in which LIE B lane illustrated to you
and the manner in which Murphy states him
| self he did take him, and there is perfect har
| mony in all the statements upon that subject
that he tried with his arms under his should
| ers to push him along the corridor, to kee
him from going to No 10. All the testimon.
| agrees that against that effort of his, whateve
might have been the conversation, or whateve
| other details there may be controversy about
| all the testimony agrees that in that attemp
| to get him along that corridor, in which h
| had no right to be- and where he was for n
| other but felonious purpose, that he resiste
and tried to prevent Murphy from taking hin
| away. ,s-ll- Att4',t
Whether Shea at the same time was assist
ing in this or not, is matter which L do no
now discuss, because about that there may b
some possible discrepancy in the testimony
but it is one which think you will thave n