The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-07-02
THE DEATH SENTENCE.

Resentcnce OF David Murphy To Be
Hanged-The WalwOrth Jury Present.
Stay of Proceedings and Probable Conn
mutation of Sentence to imprisonment
for Life.
David Murphy shot and killed David Barry on
the 18th OF June, 1872. in front Of liquor saloon.
corner OF Second avenue and Sixty-second street.
1t is unnecessary to rccte the particulars OF the
homicide, as they were published in full at the
time in the HERALD, as also all the details OF the
subsequent trial, before Recorder Hackett, IN the
Court OF General Sessions, when he was convicted
Of murder in the first degree and sentenced
to be hanged ON the I'd OF last August.
This looked like that speedy justice for
which the public was then quite as sedulously and
impatently clamoring as now But in this case
there were peculiarly extenuating circumstances
the strongest OF which. perhaps, was that Murphy
was trying to prevent his brother from drinking,
and that while thus engaged a crowd surrounded
him, including Barry, who beat him, when he
pulled out his pistol and fred the fatal
shot. or course Mr.. william F. Howe, his
jealous and indefatigable counsel, under
such circumstances, used his utmost efforts
to save ms client from the dreadful doom o. to
writ of error and stay of proceedings before
Judge Leonard, at the Supreme Court Chambers,
which was granted, and upon this the case was
long and ably argued ut the last May term OF the
| Supreme Court, General Term by MIR. Howe on the
one side and District Attorney Phelps on the other.
| The Court. as Is well known, affirmed the judy
ment OF the Court OF General Sessions, but both
Judges Ingraham and Brady, the third member OF
pronounced 1t. however, case in which executive
clemency might with great propriety be inter
| posed.
Upon the state OF facts just mentioned Mr.. Howe
submitted the facts OF the case to Governor Dix.
| He also submitted letter IRON District Attorney
| Phelps. stating his concurrence with the recon-
mendation of the General Term Judges, and also
| one of similar purpOrt from ex-Dstrict Attorney
stewart who tried the case In order to bring the
case properly before him Governor Dix suggested
that Murphy be again resentenced, and with this
view the prisoner was ordered to be brought before
the Judges at the reassembling OF the Court yes
THE wALwoRTH JURY ON HAND.
At the meeting OF the Court at eleven A. M. yes
terday, Judges Ingraham and Brady promptly took
their seats on the bench. They sent for Judge
Davis, the other member OF the Court. and the lat
ter Judge at once temporarily suspended proceed
lngs in the Waworth trial. A somewhat singular
and unusual feature was request by the jury try
ing young Walworth for permission to be present
| at the passing OF the death sentence, which was
readily do rhey at once MED INTO Court
Phelps. Meantime Murphy, who Is a young man OF
progressing face ana bearing, had been chatting
! in the most pleasant and unconcerned manner
imaginable with Mr.. Howe his counsel.
MOTION OF SENTENCE BY MR.. PHELPS.
Judge Ingraham asked II the prisoner was in
Court, and on being answered afirmatively by
| Sherln Brennan Mr.. Phelps thereupon arose and
stated briefly the FACTS or the case connected with
the arrest conviction and previous sentence OF
the prisoner and the subsequent proceedings in
| Court. He then said that although he had written
| TO General Dix recommending a communication o
sentence, il became his duty TO move for some day
to be fixed for carrying out the aflrmance OF the
Court Of the judgment OF the Court OF General SEES
sions.
PASSING THE DEATH SENTENCE.
Murphy was requested to rise, and then Judge
1ngraham proceeded to pronounce the death SEN
tence stated that the Court had carefully reviewed
his case, and while no errors had been committed
Judgment, they had expressed the opinion that
an application should be made Tor executive
clemency aud in order that opportunity might be
| given Tor the Court OF such clemency they had
concluded to designate the Sth OF next August as
the day for the carrying out OF the sentence.
STAY PROCEEDINGS.
During the passing OF the sentence Murphy stood
calmly unmoved, showing clearly thar he regarded
the whole thing mere iormality and nothing
more. Mr.. Sparks, the clerk, next read the death
| warrant, and at the end he was committed to the
| custody OF sheriff Brennan, whs transferred him to
Deputy Sheriff Shields, by whom he was at once re-
conveyed to his old quarters In the city prison.
Scarcely had he got out of the building before Mr.
Howe, with characteristic punctuality, applied to
Judge Daniels, sitting i'll supreme Court Chambers
for stay of proceedings. This was obtained in order
tnat If Governor DIX, in the multiplicity OF his
gagements. should lail to give his decision i'll the
before the appointed day of execution II
could not then possibly take place. There is but
little doubt that Murphy will escape the gallows
and that his sentence Will be committed to imprIs
onment for lie.