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

the latter was forced to send the prisoners
little boy to inform Mr.. Murray there was
trouble in the house, and that he was requir-
ed Immediately. If he had this man in his
power, could do with him just as he chose,
would he have been obliged to send to his EN-
ployer for his assistance? But he does send
the boy who is directed TO call his father
quickly, that he is wanted up stairs, and Mr..
Murphy, then himself hearing the screams OF
the ladies and the scuffling on the upper floor
rushes up stairs anxious to prevent an ARRAY
and he finds these parties in the situation
of mutual struggling and in an affray, in holts,
as they express il, in hollis, as Shea and MIR.
Murphy say. What then does Murphy do?
Here is this man in a narrow corridor OF thai
hotel in the power OF Mr.. Murphy and Mr..
Shea. Was there murder in this mans heart
If there had been murder ir his soul why did
not he break that mans skull as it could have
been broken in the opinion of the surgeons by
blow of his fist, and why did not he strike
him at all? He had no dangerous weapon.
de carries no dangerous weapon. There Is
no pretence of that. Why did not he seize
Murray by the throat, and when he was IN
formed by his clerk that this man had at
tempted an outrage upon the persons OF his
quests, why did not he, almost any of you
acre in this courtroom would have done it,
why did he not seize him by the throat and
lurl him down the stair case? What does he
do? With no sign OF anger, but holding up
bis hands, and saying stop that, what is
this disturbance?" and learning the nature
Of the disturbance he says to this man-"Y You
have no vile, you are alarming my guests and
my family, my house will be in ured, l can
not have this disturbance, you must go down."
This mans reply is "my wife is here and
must have her." The deceased then assault
ed Murphy. and struggled violently with him
and attempted to reach the room where the
ladies were sending forth their notes of alarm.
What becomes then the duty of Mr. Murphy !?
Again, gentlemen, / do not ask you to
find an excuse for him. 1 say, what becomes
his duty? What would any of you have done
on finding in his house marauder, man of
whom he knew nothing, a man whose intent
might be of the vilest and most criminal ma
ture, and whose intent he had every reason
to believe was of the vilest and most criminal
nature. What was it not only his right but
his duty to do? TO protect his guests, to pro-
tect his house aud to eject this man from his
premises. He takes him, then, as any man
would another for this purpose, for the wit
ness who speaks English and who saw this
man being carried along tells you that tie
man stood pretty straight, there was only the
general inclination of the body that there
would be when he was being moved along,
struggling, resisting, endeavoring all the time
to force his way back, just such resistance as
any man would make in pulling back TO the
one who is urging him forward I; and in this
way he conducts him to the head of the stairs
still expostulating with him, but by no
means disposed to yield his rights and let him
go back. In this way they reached the head of
the stairs. Mr.. Murphy then stepped round the
deceased upon the lett so that he may drdto
him down stairs with him, take him doaon
stairs Being then in this position, the de-
ceased standing there at the head of the stairs,
with one hand upon him, so that he could
draw him along, is violently assaulted again,
or rather the assault which has never ceased,
there occurs with renewed and increased VIC
lence; the deceased then finding his oppor-
tunity and being armed with the strength of
maniac, makes there desperate attempt to
force Murphy down the stairs. Murphy with
the exercise of great force saves himself and
regains his position; and in the struggle one
of Murray's hands leaves the bannisters and
he falls. These are the circumstances in this
case, as they have been proved by the govern
ment and as we propose to show them to you
and have only to call your attention to one
more circumstance as bearing upon the mo-
tive of this man, of the malice of his heart,
what his intentions were when he went up
stairs, and what they never ceased to be until
he was arrested land you will find them in this
circumstance: Murray having risen from the
bottom of the stairs, walks into the office and
sits down. Just at that time one or two
gentlemen, perhaps some of them will be
witnesses in this1 case came in and noticed
the deceased and one OF them being physi-
clan and Mr.. Murray complaining that his
head was hurt, Mr.. Murphy, the prisoner,
says: "Dr., this man says he is hurt, look at
him; he complains of his neck and head"
The Doctor making no extended examination
seeing that the man had caused great alarm
in the house that everything was confusion
looking at him ',urriedly, says Il think you
are all rights" and the man would have gone
away, but mark the motive OF the prisoner;
mark his conduct and in that seek his motive
he said TO hun, mo, you cannot go; you have
distur bed my house; you have assaulted my
guests and now you are not to be allowed to
walk of scot free; you must be punished" He
sent for a policeman, and gave Murray into
his hands, directed him to take him to the
station house, lock him up and in the morn
ing these ladies would be there to testify
against him. Is this the conduct of a muir
derer towards his victim? Search, gentle
men, the annals of crime; look for eccentrici-
ties of genius in crime, and see it you can find
any so brilliant and original idea as this: that
the murderer having slain his victim, gives
him into the hands of the officers of the law
prepares his body for the surgeon and tor the
eoronerss jury. g.
Is it not monstrous to suppose this man
had murder in his heart, or to believe for an
instant that he contemplated the Staying OF
his guest? Is 1t not mOnstrous to suppose
that he intended TO use or did use any more
force than he was entitled to use in the de-
tense of bis guests? +'l
Gentlemen, shah save you the fatigue of
listening to any comments of mine upon the
medical testimony. l shall leave that Tor the
able and distinguished counsel who will argue
this case finally on behalf of the defense and
we shall bring you now our. witnesses and
endeavor to substantate the story we have
told. We shall ask you and you by your YER
dict will answer us whether you lieve this
man to be a monster of wickedness and vice,
or whether you believe him to be one Of those
good and law abiding citizens, one Of those
men who constitute State who their duties
know but know their rights; and knowing
dare maintain them.
GEN. GEORGE F. sHEPLEY's CLOSING Ar
GUMENT FOR THE DEFENSE.
Thursday the closing arguments were deliv-
cred +, Gen. Shepley speaking as follows in be-
half of the prisoner: Yc
the Jury: u,
Francis Murphy, the prisoner now at the
Bar, is before you, charged with the crime Of
wlful murder, committed upon the person Of
Murray, the deceased. shall not undertake
again to repeat to you the definition of the
offense, or the crime with which he stands
charged. The law upon that subject will be
given YOU by the Court, and the definitions Of
the ohense have been so clearly stated, las al
the provisions of the law were so clearly stat
ed to you by my learned Associate who open
ed this defence) that it will spare in grea
measure the necessity of repetition.
He had been set to the Bar. He has plead
ed not guilty. You have had the testimony
in the case which has now closed, and it re-
mains for you alone to pass upon the ques
ton of his liberty and his life. This is > tri-
al which he has not avoided. This is an in
vestigation into his conduct which he ha.
even challenged. From the first moment o
this ARRAY, he has so felt and so conducted
that he has supposed himself to be, and
claimed to be an innocent man. He has
come before you through his counsel MOI
simply to ask of you to find that this case i!
not proven. and that the government had moi
made out this fearful charge with which hi
stands indicted but we have taken upon our
selves the burden of showing his absolute in
nocence of any offence whatever, and hi
claims of you, and he CLAIMS of this com
munity in which he dwells, ant
in which he has heretofore sustained thu
character of an honest, upright and peaceabl'
man, an affectionate father and good hus
band, peaceful and quiet person; say hi
claims Of you and of this community, that hi
go forth with a reputation as unstained a.
that which he has ever borne. He claims no
merely that YOU should saw that the govern
ment has not made out case against him