The New York herald., 1876-03-11
THE MANUEL MURDER.
The Governor To Be PetitiOncd for Comma
tatiOn Of NIurphyS Sentence.
AFFIDAVITS TO PROVE AN ALlBL


10 be hanged April 7, 1876 Circumstances have
lranspred since the trial which gave the minds
of counsel and many prominent gentlemen in the
State TO the belief that Murphy not only nevor muir
dered Matilda Huius, but was not even within thirty
miles OF her on the fatal Sabbath evening when sho
lost her LIE. Park Commissioners Joseph o'Donohue,
whose attention was called to the supplementary
In connection with the case although total stranger
TO tho condemned man. became thoroughly well
convinced of his innocence that he the matter IN
hand and has pushed investigation as
Testimony proving alib for Murphy on which is
founded petition to Governor Tdon for his rcprcve
THIS petition will be forwarded to the Governor
Tuesday or Wednesday next
HERALD reporter called in relation 10 the matter
OH Henry Daily, Jr. prisoners counsel who gave the
following statement the deences theory. He
sad;-In April 1874, Matilda Huius and one Robert
J. Gamble lived together in a small house the
try road, in the outskirts of little settlement called
Manuel, Rockland county, this State. This woman
had husband and Gamble a widower On Sun
day night, about haltpast eight O'Clock, while this
woman, Gamble and servant sitting IN n
Df this house, kind OF lrearm was discharged
through the window from the outside into this room,
Some OF the shot with which the weapon loaded
penetrating the head OF Mrs Hujus, fatally woundng
her and from the effects of which she died very
lrcrward. on the same night OF the rcighbors
IOuuu unucr tuu WlndOW through WHlCu tho SnOt was
fired an old cap and a mask. On Monday a man
named Walter f. shupc who claimed to be lawyer,
residing near Manuel, made complaint before magis-
trate Spring Valley aud obtained for the
arrest Of Michael Murphy aud Thomas Murphy on sus-
picon Of having committed the crime. These men re-
sided then on Jersey City Heights Jersey City more
than thrtytwo miles from the of the murder
They were the brothers OF Candles wife, who had
died in 1865. They arrested at their homes by
Detective Pnkorton and four FIVE officers attached
Jersey City police and locked up at Police Head
quarters until Tuesday Apri 2l, 1874 when they vol
unfairly went from New Jersey to Rockland county
with Pnkerton They wero promised that if they
would 60 they should be given immediate hear
ing, when they could explain their Whereabouts The
night of the murder, which would establish their
cence
HEARING REFUSED
In Rockland county hearing refused them, and
they were locked up in the County JAN, and within
days aitcrward jointly indicted by the Grand Jury tor
murder IN the first degree Their trials went
until the October term of the Court. Henry
To defend them. In October 1874, their
trials came on, and by advice OF their counsel they
nard presided and Michael Murphy placed
trial Tho evidence presented by tho prosecution
purely Crcumstanta and of the weakest kind. Three
witnesses testified that they walking along the
road, short distance from the house where Mrs
Huius lived the night of the shooting. and that
hcy saw The Hash OF the gun and heard the report and
In few moments aicrward n man passed them very
4uiCky IN the darkness. They testified that the night
was very dark, SKY ciouded over no moon or stars
Shining. They further swore that the had a
long coat with he collar turned up about his face and
bad on slouch hat with the rim turned down over
bis eyes; ana that with all this conceament aud the
bscurity of the darkness they that they ldcnt
ned Michael Murphy as that man. Dr. Hammond, of
Spring Valley. testified that SundaS afternoon be-
lore the murder, while he riding along the
Nyack turnpike Just west of Manuel, he met man
foot dressed in dark clothes, ana carrying bundle
he nodded to him as he passed. and that this stranger
did not return it. but looked surprised The Doctor
Swore that he identified the prisoner as tho man he
met DIR. Hammond had never seen the prisoner in
his life before that sunday, when he claimed to have
seen him, and Murphy possessed no pcculiartes to
nttrac attention or TO fasien his appearance in the
memory OF any man. THIS comprised the main portion
OF the evidence relied on Tor conviction.
ATTEMPT TO PROVE Az ALIB
The defence produced four witnesses who testified
that they saw Murphy in Jersey CITY, his home,
late half past eleven O'Clock the morning of
sunday the dav of tho murder These witnesses were
not contadicted IN any particular rbc defence also
produced two witnesses who testified that they the
prisoner between i've and O'Clock the afternoon
OF that sunday Jersey CITY, and these witnesses
not contradicted The prosecution conceded that Muir
ply attended mass at S. Paul's church Jersey CITY
on the morning OF sunday but they claimed that he
must have taken the nine O'Clock tram from Ramapo,
on tho Erie Railroad and then walked down from
there TO Manuel Tins theory of tho prosecution was
wholly unsupported by evidence Murphy testified
In his own behalf accounting for himself from Satur
day morning before the murder up to and including
Monday night after the occurrence He testified that
he was at home on Sunday night at the time when the
crime was committed; that lie did not shoot Mrs
Hulus, ana that he was not IN Rockland
county and knew nothing whatever about
The murder. That ne an innocent man.
Notwithstanding all this evidence ard the weakness OF
1he the part of the people, the jury, after
absence Of live hours brought verdict OF murder IN
The first degree The bitter feeling existing against
The prisoner together with the dcepscat prejudice
lgiins' Roman Catholics which has long existed in
EOckhnd county, had much to do with the CONVICTION.
An extra panel of 100 men were summoned as jurors
aud strange to say not an lrishmau embraced IN
that number; but moro strange than all four OF tho
grand jurors who found the indictment were among
he hundred, but the prisoners counsel disposed OF
JUDGE nARxARps CHARGE
The Judge, in charging the jury, told them that II
Murphy in Jersey Cly as late eleven O'Clock
hc morning Of sunday, they must acquIt. The prose
:ution failed in their proci against Thomas Murphy
and lac was, motion OF Mr.. Daily, discharged.
The OF Michael Murphy was carried up TO tho
General Term Of the supreme Court on bill OF excep
.ons and thence to the Court OF Appeals by Mr. Daily
who has had from the first undoubtcd bohcf in the
prisoners innocence lie has contested the case inch
by inch, and has left nothing undone which ~ any
way could and IN the liberation OF his client
nEFENCE's THEORY
Mr.. Daiiys theory Is that Gamble killed Mrs. HWus
and then went out of the house and hrcd shot through
The window in order TO direct suspicion from himself
IL appears that this woman and Gamble though living
together tho house, had frequent quarros and
threatened each others lie IL also appears that in
August, lS6S, Mrs Gamble, wife OF this Robert j. Gam
bic, died very suddenly and myserously at her resi-
dcnce IN Rockland county, anu that Gamble and Mrs
Hujus concealed her death from her sister and
brothers who then lived In New York and buried her
VA Greenwood visA-ut even giving 10 the dead body
Of Mrs Gamble single Christian rilo some two
weeks atcrward the brothers heard OF their sisters
death anu burial and at once endoavorcd TO obtain
from Gamble some information concerning her sick
ness. Gamble refused 10 give any inormaton Then
thc brothers caused the body 10 be disntcrrcd and
brought TO the dead house IN Brooklyn also caused
M examination OF the remains 10 bc made hy Dr W.
Sheppard, OF brooklyn Professor Il. Ogdcn Dorcmus
employed make chemical analysts OF the
stomach and other organs Of the body. ana Dr Shep
pard removed them and they placed IN tho Pro-
tcssOrs charge Gamble aud Mrs Huius we're arrested
suspicon Of having poisoned Mrs Gamble The
magistrate who issued the John A. Bogart
OF Clarkstown. The prisoners demanded a hear.
Ing which was granted them. The evidence
on that hearing disclosed that Gamble had
been against the expressed wish of Mrs
Gamble, harbJring the woman Huius; that whenever
Mrs Gamble would remOustratc with MIN he wolld
beat aud terribly abuse her; that he would often in
lure her that she could not leave the house Tor
days. II also appeared that Mrs. Gamble pos
fcsscd her right OF quite large amour; OF real
estate in New York, aud that Gamble had Tor con
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