The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-05
THE SCAVVOLD in CALIFORNIA,
Hanging IF John ]. Murphy fo2 the
Murder Of His BrOther-in-Eaw.
Speech Of the Murderer ON
the Scaffold.
lie WOULD DO THE SAME THING AGAIN.

From the San Francisco Morning Call, April 26.l
Oflate hanging has been a matter OF no unconn-
mon occurrence; the task, hitherto considered so
unpleasant, is now quite generally attended by the
sheriffs OF surrounding counties, and is generally
criticised. The latest to suffer this extreme pen
atty or the law was John J. Murphy, executed yes
terday afternoon Mt Stockton, for the murder
OF Patrick Murray, crime committed in October,
1865. At the time OF the murder an intense
feeling excited In the vicinity against the pris
oner, bat such length Of time has elapsed between
his first trial and the day OF execution that OF late
he has been comparatively forgotten.
THE MURDER.
In 1868 Murphy and Patrick Murray the de-
ceased, owned adjoining farms, about five miles
nom stockton, on what Is termed the Lower Sacra-
mcnto road. 1t was an easy walk between their
respective houses and, being brothers inaw Mur-
ray having some time previously married sister Of
Murphy, intercourse between the families was
frequent but, as was well known, never OF very
friendly nature. Murray's wife was an invalid, and
she was constantly complaining to her brother OF
the brutal treatment that she received from the
former. These complaints were evidently the
cause OF the murder. Murphy swore that II
ever the treatment was repeated he would
Kill Murray. According to the testimony In the
18th OF October, 1868, Mrs Murphy told her
husband that she was going over to see her
sick sister-in-law and requested him to accompany
her, as she feared insult from Murray Murphy
shouldered his shotgun and went with her, as he
says to within five minutes walk OF Murray's and
left her. She proceeded to the house and was In
the room with Mrs. Murray. who was confined to
her bed. when the shooting occurred. Murray was
seated by table in an adjoining room when an
outside door was suddenly thrown open by MUIR
ply, who, without word, snapped the cap upon
one barrel of his gun and before Murray could
take any measures for his defence discharged the
other barrel, and the latter fell to the floor. At
the FIRST attempt to discharge the gun Murray's
Mite %h on was ~ Sar ms mother
now, you've missed him." at the same time closing
the bedroom door to prevent his egress. At the
sister. The latter spoke few words to the
wounded man and then went to the door through
taking With Murphy, whom they M met there MUIR
ray got up and crawled away. A terrible sight
met their gaze on the return to the room. large
pool Of blood rested where the man had fallen, and
at various places were found bits Of flesh, bone,
teeth, and here and there portions OF his heavy
beard covered with gore.
ON TRIAL FOR LIFE.
The Grand Jury Of San joaquin county returned
an indictment Tor murder against the prisoner on
menced on the 22d OF February 1862 The testi-
mony was substantially the same given above
stand. testifying that the deed was done in self
defence. Mrs Murphy swore that she did not say
There, now you've missed him. when the cap,
snapped, but 'eThank God, you've missed him."
The case went to the jury on the fifth day OF the
trial. On the 10th day OF February they returned
verdict Of guilty OF murder in the first degree.n
Motion for new trial was made and denied, and q
few days later Judge Cavts passed the death SEN
tence.
The remarks OF Judge Cavis to the prisoner pre-
vious to sentence at this trial gave general idea
OF the crime.
supreme Court and stay OF proceeaings was
granted till decision could be had On the 27th
OF January, 1870, remitttur was issued from the
Supreme Court, reversing the judgment OF the Dis
trict Court and ordering new trial,
AGAIN ON TRIAL.
The new trial was commenced on the 14th OF
August 1871, before Judge Lewis Ramage-Junlge
s. A. Booker, the then presiding Judge OF the Filth
Judicial District Court, being disqualified by reason
oil having been employed as counsel in the former
trial. The same verdict was returned by another
jury on the 10Th Of August. Another appeal was
success they, on the 10th OF December. Affirming
the Judgment OF the Court below; and on the Goth
OF February, 1873, Judge 4. Q. Bradford again
passed sentence OF death, fixing the day Tor the
25th OF April
THE LAST ACT.
At one O'Clock everything was in readiness for
the carrying out Of the last sentence OF the law.
The well-tried rope, with the torbdding moose had
6ee bee, placed IN position the platform raised and
suddenly withdraw 1t hung by mere piece OF
spun yarn; the witnesses had placed themselves in
that this legal tragedy was well over. Standing at
one side OF the scanold were Drs. z. A. Rugges,
County Physician, and F. A. Stockton, who were TO
make examinations alter the drop should fall.
THE PROCESSION.
AT exactly nine minutes alter one the prison
doors opened and the mournful procession passed
out to the scalIold. Sherin Cunningham and IN
der Sheriff A. b. Bennett led the way, closely fol-
lowed by Father o'Connel aud the prisoner, John
J. Murphy, and Deputies D. .. HarrOldson,
A. J. fipbetts, o. G. Landmad ana j. ].
Evans with 9 step that showed little
the centre OF the trap gancing around and nod
ding to such as ne was acquainted with among
black and but for the deathy palor that overspread
his face, one would have thought that his coming
fate was a matter OF perfect Indifference to HIM.
Al ten minutes past one the death warrant was
read by Under Sherin Bennett, IN q loud, clear
voice, and during the reading the eyes OF the
prisoner seemed riveted upon him.
HIS LAST WORDS.
At the conclusion, Sheriff Cunningham asked
him If he had anything TO say to him. or those
piled, al don't know that | have. 1 have done
nothing that I feel bad about. Although
committed murder. would do 1t again
under the same circumstances. l acted in
defence OF my sister, as any man would do.
form Kindness TO Inc during my Incarceration. II,
during my lifetime, have injured any person, l
ask to be forgiven, and freely forgive those who
have injured me. Friends bid you all last good.
by.o As he concluded his remarks, he stepped
from the trap and shook hands with those upon the
platform, then returned to his place. The usual
service OF the Catholic religion was then repeated
by Father O'Connell and prayer offered. At this
time great silence prevailed In the yard. but was
broken before conclusion 10y the yells OF those out
side, upon whom water was again being played TO
drive them away, but all 70 no avail At eighteen
minutes past one the deputies began TO pinion the
prisoner, strong black straps being placed around
the ankles, above the knees and around the arms
behind the body. He seemed even then but little
affected, while those who were pinioning
exhibited much nervousness. At twenty
Two minutes past one the rope was adj
justed by Shcrir Cunningham. and as the
black cap was taken up he turned around and gave
last nod TO mis- friends. At twenty-three min
utes past one the black velveteen cap was placed
over his head and tied, and at exactly twenty-iour
minutes past one sheriff cunningham made motion
with his hand and Under Sheriff Bennett cut clear
the weights and the drop fell with a heavy Lnud.
The body OF Murphy fell the length OF the rope
(ab0ut Blk feeU, swung partially around, the
hands closed tightly together and all was still.
Beyond this contraction Of the hands no movement
was visible, and from the position OF the head it
was evident his neck was broken.
HAVANA MARKETS
A..