The New York herald., 1876-03-15
THE MANUEL MURDER,
GOVERNOR TILDEN HEARS THE APPEAL OF THE
CONDEMNED MANS COUNSEL FOR PARDON

CONDEMNED MANS COUNSEL FOR A PARDON
To-DAY-THE NEW TESTIMONY.
The petition for the pardon OF Michael Murphy, who
now lies under sentence Of death charged with the
murder OF Mrs Matilda Hujus, on the night OF April
10, 1874 at Manuel, Rockand county, n Y, will be
presented to Governor Tden day together with the
dispositions Of newly discovered witnesses, who swear
that the condemned was not within thrty-two miles
OF the deceased woman at the time OF the alleged mur
der Park Commissioner Joseph 0'Donohue and the
prisoners counsel, Mr.. Henry Daily, Jr, lett ior
Albany last evening the four r. NJ train TO keep the
appointment made by His EScellency for today. In
the petition which, of course, bears the signature OF
Michael Murphy, well as that of 700 persons, who
all business men, houscholdcrs in Rockland
county and entire strangers to the prisoner in whose
innocence they fully believe the condemned says:-
And do further state to Your Excelency that the
Sunday evening on which the shooting occurred was
/ at my home with my family on Jersey City Heights,
Jersey CITY, hrtytwo miles distant irem the scene OF
the tragedy that all day Sunday was home and IN the
immediate vicinity OF my home, attended church ast
Pauls in the morning, and not in Rockand county,
New York on the 10Th day Of April 1874 do further
most soemnly assert ana assure Your Excelency that
1 did not fire the shot that resulted IN the death
! OF Mrs. Hujus, neither do know who
did, and ! am innocent OF the crime The
! testimony OF the witnesses who the trial
TO having met IN the darkness the country road
that night, aud the boy who testified that he met me
on The Northern Railroad track in the darkness, and
| Dr. Hammond who testified that he met me on tho
pubc road lust west OF Manuel on the afternoon before
the shooting is without foundation in fact and wholly
untrue, for that very time Jersey City. Aud
most sincerely pray that Your Excellency will care
fully examine my case, and the dispositions annexed
to this, my petition made by persons who since my
trial and conviction have como forward and given their
testimony touching my Innocence AT the time OF my
trial did not know OF these persons or that such
evidence existed, and hence 1t was not produced.
Appended to tho petition is a synopsis OF tho evil
dence presented by the prosecution and relied on for
conviction The readers of the HERALD of last satur.
day received II IN narrative FORM together with the
point believed to have been made by DR.. G. B. Ham
mond, who claimed TO have met tho prisoner a
country road In the neghborhood OF Manuel on tho
evening OF the murder. The witnesses for the de-
fence whose afldavits presented In support OF the
petition John II. Henry, No. l63 Hancock avenue,
Jersey City Heights; Jane Augusta Henry, Emma E.
Henry and Caroline G. Henry, his daughters; Edward
Pierson, OF Ciarkstown, Spring Valley; Nicholas
Schmutzcr OF the place. John Fassell OF Clarks,
town. and John Henry of No 81 Graham street. Jersey
City Heights These are all reputable people, and are
accredited such by very well known business men,
bers of the communities in which they live.
They to aibi for the prisoner, and
his says that the object OF presenting the depo
sitions OF John Henry and his family is TO show be-
yond any question, that George Henry wEo testified
the trial TO having seen the prisoner on Sunday
morning April 10, 1874 between half past eleven and
twelve O'Clock, and walked with him from Murphy's
residence in Congress street around TO the residence OF
john Henry, told the truth. This being so, we have
the prisoner in Jersey City. thirtytwo miles from the
scene oil the murder with no means OF locomoton by
railroad TO reach the point of residence OF deceased
The prosecution made claim that Murphy reached
Rockland county by any means other than by Erie
Railroad 10 Ramapo, from which point IL was claimed
by the District Attorney, Murphy walked to Manuel
BY the evidence the part oil the people II
nppearcd that the only train leaving Jersey City
that Sunday morning left quarter 10 nine O'clock
md arrived at Ramapo at twenty-three minutes past
ten. Ii was also claimed by the prosecution that
Murphy boarded that train at the west end o the tun
mel But they did not produce the conductor 10 show
that his train stopped there BY the prosecutions
own showing Il appeared that there rs no station
depot the west end OF the tunnel The defence
showed that the Sunday tram on this main line OF the
Erie Railroad stops at the west end OF the tunnel
The object OF presenting the depositIons OF Edwprd
Person John Fasscl and Nicholas Smutzcr is to show
that the seen by Dr. Hammond as he testified,
not the prisoner There be- question that the
dcponents and Hammond saw one and the Same man.
These discovered witnesses well known persons
Rockland county, and well acquainted with DR..
Hammond and quite as reputable, for aught that ap-
pears
Tho witnesses who testified to meeting man in the
darkness the country road in the vicinity OF the
murder, aud that he passed them quickly, ana that
they identity Murphy that man, swore state of
facts which not only most improbable but abso-
lutcly impossible. The man they met, they tcsti-
fed had concealed his face by turning up the collar OF
his coat and by turning down about his face the broad
rim Of souchcd hat, which they Say he had on And
vet in the instant OF passing with this of
ccalment and the obscurIty of the darkness. they
swore that they identified the prisoner that
Tue accomplishment which they swore they made
imrossble and their story should not have been be-
leved Murphys counsel CLAIMS that the one,
above all others. calling for the exercise OF Executive
ciemency that the life OF the prisoner should not be
forfeited upon circumsiantlal evidence so weak and
doubtful
Accompanying the petition and depositions are
letters from associate justices who sat at the trial
of the man.