The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-24

something altogether too repusivey forbidding IN
his expression TO elicit any feeling OF sympathy.
His previous record-heving spent . term In State
Prison upon q charge Of causing the death OF q
young lady through an abortion-did not help
him any, and the facts OF the assault on Mr..
Murray as detailed at the time, were OF chars cter
leaving no question OF o doubt as to his being
guilty OF the grave charge preferred against him.
On his head were still visible marks OF the punish
ment he received at the hands of his intended
victim az the .ime OF tne assault. MT Murray was
considering the extent and nature OF his injuries,
that his lie had ever been spared to tell the tale
He Is by no means, however, entirely recovered
yet, and still has to have his wounds bandaged.
There were two counts against the Doctor-One OF
felonious assault with intent to rob, and the other
OF felonious assault with intent to Kill.
Mr.. Russell, Assistant District Attorney, briefly
opened the case to the jury, and then called on MI
that on the 18th OF last April he called at DR..
Browns ofce, PSI William street, to collect gas
BILL and as he had sat down to make change OF $50
bin the Doctor made an assault on him with
Ratchet and struck him twice on the head. Jump
ing to his feet he seized the hatchet rom MS as,
sailant, and, after a short struggle, sverpOwered
him and Knocked him over on the moor. He had
over i've hundred dollars with him at the time.
Mr.. Muldey, the landlord Of the hsuse IN winch
the affair occurred testified that he met Murray
as he came in and went up stairs to get money TO
pay his own bill upon his coming down ne found
inside, which ended in the door being broken open,
disclosing the Doctor on the Moor and the com,
the Doctor had tried to murder him.
: Onicer Harris OF the Fourth precinct, testified to
ton house; both parties were subsequently con-
veyed to the hospital and their wounds dressed;
he identified a Ratchet and another instrument OF
ASSAULT short handle, with two-edged knife
blade fastened to the end OF it-as having been Ia
the Doctors room after the assault.
Dr. John A. Brady testified that he attended upon
Mr.. Murray at his DrOther-in-law's house; he de-
scr:bed the wounds on his head; one of them on
the back OF the head was two and three-quarters
of an inch in depth and was very dangerous
wound.
ton. Alter which Mr.. George o. Mott, counsel for
the prisoner opened the case on his side and then
called as the only witness for the defence the prs
october 2. 1902 and had been practising physl-
clan in this city for about twenty years he treated
O'Clock in the afternoon OF the 10Th Of last April
man whom he had never seen before called at his
ONCE for medical advice; he was busy compound
ing medicines and had not time to attend to him
just then; in few moments there was a rap at the
door and this stranger said "Doctor, ! don't
m me in private see he soG
to get behind tall desk and then opened tne door,
nrra ey H came HAVING BEEN on friendly
terms, and said, 81 suppose you nave come alter
your gas bnl;'' Mr. Murray said he had, and there
upon he went into O back room to get some money
and as he re-entered the room he saw the stranger
strike Murray twice on the head with something
q Ratchet from kindling-wood box and knocked
the weapon out OF the mans hand; the latter at
once made MS escape from the room; Mr. murray
turned on him and struck him on the head, telling
him to the noer; kept telling him that 1t was not
he who had assaulted him, but another man. This
story, he said, was the truth as God was his Judge
On his cross-eXamination he did not dev1ate
from this story. He asserted his innocence Of the
charge upon which he had spent term In State
Prison.
The opposing counsel briefly summed up, when
the Judge charged the jury. After few moments
consultation the foreman announced that they stood
eleven for conviction offelonous assault with intent
to rob, and for conviction OF felonous assault
with intent to kill. The Judge said they must
agree upon verdict, although the penalty was
the same in each case, and thereupOn they retired,
and, after an absence OF forty minutes, returned
with verdict OF guilty.
Mr.. Mott suggested that this verdict was not
sufficiently specific.
Judge Davis said that 1t was not necessary to be
more specific, as 1t was general and covered both
counts.
The prisoner was remanded till Monday for
sentence. He took the matter evidently very
coolly, and manifested no feeling as to the result