The Portland daily press., 1869-09-23
Trial of Francis Mas'1phy
FOR THE
Murder Of Patrick Murray.
Specially Reported for the Daily Press1
TUESDAY-coNTISuE

was q police officer on duty when Murray
was brought in; saw him when he fell from
the chair. DR.. Small was called in in an hour
and a half as nearly can remember. Murray
was brought in from half past seven to eight;
fell from his chair / should judge in half an
hour, perhaps not quite so long as that; hs
came light over lying down on the side OF his
face; he did not strike any part to hurt him;
he struck his hands out, his head did not
s,rlHe sl upon the tlool, was looking at him at
the moment. He helped himself to get up
very little if any. He might have said some
tnns put nothing that we understood. Up to
that Time ne had been speaking; from that
time time he wasn't 31 able to speak as to be under
stood. dld not notice any signs of intoxica-
ton. think Mr. Bolton and Mr.. Wyman.
were in the office; Mr. Wyman helped him get
up. He weighed 130 or 135 pounds. rather
slender feet inches in height and 80 to 35
years of age. He wos not noisy when he was
brought in.
DR.. Gardiner called by the State, testified;
was present with DIR. Tewksbury aud DIR.
Small the night this man was operated upon,
/ performed the operation. / found the man
in partial commissions, trembling all over, re-
taxation and contraction OF muscles generally,
of the arms and legs and the whole body,
deep stertOrOus breathing accompanied with
blowing of the breath, perfectly unconscious
and lying rigid; first remarked it looked like
poison from strychnine, but on closer examin-
alton l very soon changed my opinion from
that and formed the opinion>tbat he was labor
ing under the compression ofNthe brain. L
thought the operation was imperatfveiy. de-
manded Upon removing the scalp founh
line fracture extending to the right pariefai
bone above the ear, extending downward ausI-
forward which traced about three inches and
stopped, inasmuch as it was far enough for
my purpose. The appearance of the scalp pre-
vous to the operation indicated the only ap-
pearance that the sight gave was evidence of a
slight abrasion of the scalp which showed a
recent injury; the only sure evidence was
what we term fusion of tyraph swelling in
common parlance from the evidence there
furnished it was recent, within few hours. /
Judged from the appearance of the scalp more
than anything else. Upon removing the scalp
quite firm clot, enough so that it broke.
should judge in all we removed about four
ounces an ordinary sized cup full. The effect
produced in this case was paralysis, partial pa
ralyss of the muscles of the mouth, so that in
breathing in and out the soft palate lay as al
most dead matter causing this stertorous
breathing; partial paralysis of the left side,
the side opposite the side of the fracture; there
was less motion in that side; when the arm
was raised it fell more powerless than that of
the right side. think there was no probabll-
ity of the mans recovering without that oper-
alton. That Judgment was confirmed by the
things l found inside the skull afterwards.
have been present when witnesses testified as
to the behavior of this man, alter the alleged
falling down stairs The artery was injured.
had beeu injured at that time by the falling
down stairs the man would have been able to
move about in the full possession OF his facul-
ties for the length of time described here. A.
/ think he might. l should expect he would
for some little time unless there were apparent
signs of very severe conclusion. was pres
ent at the post mortem examination of the
stomach and brain and body of the man; the
condition Of the stomach, spots of CONGESTION,
on several points of the stomach, nothing suffi-
10, Iaat ,;,tl,r
ute to it; nothing severe in his brain except
this made by the cut, there were some slight
signs on the surface of the brain. L attribute
this TO the clot itself The brain was general
ly in healthy condition. Except that spot
no contributing cause that saw.
@. What in your Judgment was the cause of
the mans death. A. think the material
cause OF the death was the continued pressure
of blood upon the brain, and so far interfering
with the vitality of those nerves which supply
the respiratory apparatus aud other vital or
gans, depressing him so far that he was un-
able to rally. l saw no other cause to produce
his death The post mortem was carefully
conducted.
@. You have heard the testimony of the fall
ing from the chair and the condition of the
man when he fell from the chair, what in your
judgment would that indicate to show with
reference to the question whether that injury
which you found upon his head was caused by
that fall or had existed before it, A. I should
ordinarily expect that those symptoms as de-
scribed when he fell were subsequent to the
injury, because these symptoms being of ap-
poplexy which is extraversation of the brain
proper. Persons always fall in that way when
the brain is pressed from any cause | would
say that these symptoms L have described are
perfectly consistent with former injury pro-
ducing what we did find in the brain, and are
the ordinary symptoms of such au injury.
@. Perry says he did not strike his head;
was there anything in that fall that could have
caused his injury. A. No sir.
@. You heard the description of DIR. Small
about the gradual pouring out of the blood
from this artery, and the gradual pressing
away of the membrane, whether you concur
with him. a. do.
Cross eran,ined-Q. You have been asked
whether the description of his falling from the
chair as given by Mr.. Perry was consistent
with any injury to the brain from that fall
such as the evidence produced shows that this
man received. If this man fell from that chair
from coma produced by pressure of the brain,
would he have held out his hands. A. I
think he had Lothing to do with holding out
his hands.
O. Perry said that he put out both of his
hands; is that consistent with the idea that the
falling from the chair was in consequence OF
the injury at the stairs? A. Not il he held
them out himself.
O. You heard him say that he did? A.
did. L don't think The man held his hands
out in that way. There might be partial
coma and partial consciousness, there might
be still enough consciousness left perhaps to
control the motion of his hands.
q. Would not the same cause that paralyzed
his limbs paralyze his hands? A. 1t is very
nice question to settle; mean to be under
stood that the acts of this man were not in
consistent with the idea of such an injury rs is
alleged was caused by the falling from the
stairs ASIDE from the alteration of the scalp
could not be able to say positively as to the
time when this injury had been received. The
whole appearance as we made the examIna-
tion was in keeping with the recent injury,
the appearance of the clot of blood indicated
to me that the fracture of the skull was pro-
duced at the same time as the alteration Of the
scalp was. The injury to the skull might have
been received days before, from the appear
auces of the skull alone. Taking the whole
examination think it is impossible that this
hemorrhage should have taken place before
the injury to the scalp; so far as the fracture
alone is concerned it might have been receiv-
ed six days before.
O. Might there have been when this fracture
was received partial injury to the artery from
which injury the artery afterward burst from
some sudden excitement or shock or motion.
A 1t might be possible, but / can hardly con-
ceive OF it as being possible, especially when
the fracture was in right angle to the artery.
Tue condition of the mans stomach showed
that he was exposed somewhat to bad whiskey,
within a recent period, should think few
days prior to his death. At the post mortem
examination were Drs. Small and French. No
special measurements made there that l saw.
I heard French speak of the thinness of the
skull L observed on the operation on Friday
evening that the skull was unusually thin;
thin skulls are considered more brittle, contain
less animal matter than thick ones; authors
say so. have no means of knowing.
Direct-No indications of poisoning. saw
no other facts as stated that were consistent
with the hypothesis of the cause of this in
jury except the falling down stairs. / under
stood Gen. Shepley to ask If oGher causes
might have produced the same results.
Cross e1dn1ined-Q. Suppose this man had
violent blow while in that passage way; why
don't you know anything in this case that
would account for this fracture of the brain?
A. The appearance of the scalp would indi-
cate tue nature OF the weapons used. Judged
it was a broad surface,
@. You say indicate, you see nothing to
prove how 1t was made. A. A blow from the
fist OF strong man might have produced it,
My own opinion is that the wound upon the
skull indicated blow from some broad sur
surface, not a pointed or rounded or sharp in
strument BY indicate do not mean necessa-
rily proves.
The County Attorney gives notice that the
testimony for the government Is all ln'
WEDNESDAY SESSION.
Chqs. II. Hal, called BY. government, testi-
tiad. / am tbe coroner who was summoned.
I 80 Murray before his death. He was not
,,bie no talk any; he was insenSible; it was
attor ,be surgeons had operated ON him.
a. Did you at any time have any conversa-
t,on with Murphy. a. | had none at all un-
mi since he has been here in Court Murray
was a man about five feet eight inches in
Aeight and very thin in flesh and very light.