The Portland daily press., 1871-01-16
Superior Court.

JANUARY CRIMINAL AND CIVIL TERM, GODDARD
j.. PREsIDlNG.
SATURDAY.-At the coming in of the Court, Fran
els Murphy convicted Of manslaughter at the Sep
TENDER term, 1862 brought up to receive his
tence. The circumstances attending the crime are
well known the public, and it is necessary to al
Jude to them but very briefly. Murphy was the pro-
pr.etor CT Bradley's Hotel Commercial street in
this city. The day of the commission of the crime
man by the name OF Patrick Murray came to this
city in the St. Johns boat and took lodgings that
house. lie was evidently suffering from drunken
debauch, and at the table picked out woman and
became seized with the notion that she was his wife.
Alter supper he followed her to her room and at
tempted 10 gain admission. Failing, he continued
his noisy demonstration at the door till Mr. Murphy
and M. Shay, the clerk OF the hotel, came up to
quell the disturbance and remove the offender. A
scufae ensueJ, and in the excitement of the moment
Murray thrown down a flight OF stairs, receiving
injuries from which he subsequently died. Murphy
and Shay were arrested, and both indicted BY the
grand jury for murder. By order of the Court Gen.
Geo. +. Shepley and Col. A. w. Bradbury appeared
tor Murphy, and Attorney General Frye. assisted by
County Attorney Webb conducted the prosecution.
The Court granted separate trial, and Murphy was
convicted of manslaughter. The Indictment against
Shay was afterwards mol pressed. The counsel for
Murphy moved for a new trial. but the motion was
oveIru ed by the presiding Judge. Exceptions were
taken to the Judges rulings matters OF law and
last summer they were argued by Mr. A. A. Strout
In their support and by the Att rney General against
The Law Court overruled the exceptions.
After his conviction Murphy was released on bail,
but 1t being subsequently reported 10 his bondsmen
that he would avoid, he surrendered and and re-
manned in Jail three months During his incarcera-
tion his vile, who in falling health BY reason of
mental anguish on account of her husbands stua-
tion strove hard to support herself and her six small
children Muiphy's conduct at the Jail was most ex-
emplary and certain benevolent gentlemen became
interested in his behalf, and without any security
whatever, except the honor of Murphy, furnished
the necessary bail to secure his release Since this
time he has been employed in the Sheris Office and
has conducted himself in most exemplary manner
His wife has recently died. leaving six children with
no one to support them or care for then except their
father.
On the calling of the docket this morning, Mr.. A.
A. Srout who has been the counsel of the prisoner
since Gen. Shepley was appointed Judge OF the Cir
feelingly and eloquently addressed the
lalf of the prisoner. He represented to
sufferngs which had already been Wis
prisoner and bis family by reason Of
The death OF his wife, his long confne-
- uir of his business. the children whom
his long confinement would leave WI h0ut any means
of support, and thu fact that his crime was done in
q moment of excitement and without malice, were
urged reasons for great leniency in the punish
ment which should be inflicted.
Mr.. Webb who assisted In the prosecution stated
to the Court that though Murphy's representations
the trial differed from those of other witnesses, he
could we'll conceive that they were made sincerely
and with the firm conviction that they were true and
that he was free from fault. lie had watched the ca
reer OF the prisoner since his Conviction and thought
that no severity OF punishmen necessary, Meth
er for the reformation OF the criminal the protec
ton of the public.
Attorney General Webb conceded in the views Of
Mr.. Webb.
In pronouncing sentence, Judge Goddard referred
to the circumstances of the crime and to the convc
ton OF the prisoner. That conviction he believed
was right. But the crime vas not of those which
indicate depraved nature on the part of the crimi
nal. 1t had been done in a moment of fury and tbs
victim by his conduct had greatly exasperated the
prisoner. In his opinion his punishment had already
been sufficient to reform the criminal and while
some of the sentences which he had inflicted may
have seemed severe. examination would prove that
the persons who ha received them had given evil
dence OF gross depravty. He hoped the sentence he
should inf ct in this would the ends both
of justice and mercy. The Clerk then read the sem
tence, which was that the prisoner be confined in
the county Jail two months and pay fine of $500.