The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-07-20
MR.. BERDELL ARRAIGNED.
THE EVIDENCE As TO ms JUsTITT-
ABLE USE or A PISTOL.
An Expression Of Popular Feei'ne In his
Fnvor-IIis Life In JaiI-Ths Condition
of Wisucr Murray not Improved.

An Expression Of Popular Feeiine In his
Fnvor-Iiis Life in Jaii-rhs Condition
of Wisuer Murray not Improved.
GOSHEN, N. Y, July 19.-The Berdcll-
Murray tragedy Is the sole IL cme Of talk IN this
village, aud engrosses the attention Of tue whole
county. The bulk OF opinion Seems to be de-
cidedly in favor OF Mr.. ferdel. II Is but q short
time since that public sentiment was reely
against the accused, and IL Ia remarkable TO OBJ
serve how II is changed TO an entirely opposite
direction. Mr.. Berdell has continued TO he i'm
prisoned here In tue county Jail, and Is Afforded
every facility for ease ana comfort that is con-
sistcnt with the duties Of the sheriff. In tho
day time he is given the full freedom OF the
hall, and In the evening occupies a back cell, In
which Is a comfortable bed. Ills coachman.
who was arrested On the charge OF aiding binI to
ESCAPE, and was baled, furnishes him his meals
from his mansion, and spends a good deal OF
time with him. Mr.. Berdelrs sister, Mrs. Chan
cey Cable, of New YORK, who has arrived here,
also spends large part OF the day with him.
MIR. Berdell Is very confident OF being acquit-
ted. His treatment in the Jail ia the best he
could expect under the circumstances. and he
speaks well Of sheriff Hoyt, In whose ch srge he
Is The jail, however, Il a miserable ins titution,
and has long been a disgrace to the county Of
Orange. IL Is unhealthy and UNIT for human
have ciped from It than from any other coun-
~ I'LL In the state.
he condition OF wisner Murray Is worse than
heretofore. lie Is now complaining Of pain In
hts head. FITS side continues par lived. and the
general symptoms are against his recovery. The
rain IL caused by the presence Of the larger part
Of the ball. whicn Is stil embedded III the hrnin.
The surgeons have prObed as far ms they can
without endangerinr his life and IL j. said tnat
not over one third Of the bali has been extrscted.
The weather continuing intensely hot IL an ele-
ment against him, and the hopes en- tert lined
for Ia NJ .l..llN.
lawyers have made in attempts tn serve n sub
pGna on A. 4. Murray Jr.. who held Nj. Berdell
while his brother Wsner applied the cowhide.
At 10 O'Clock this morning the examination
commenced In the Court House. before Justice
c; W. Coleman. The room was densely packed
with persons from oil parts OF the near country,
and the dee .est Interest WAS manifested in the
proceedings. witch were exceedinsly monoto-
nous and slow. Mr.. Berdeil occupied a scat
within the oar, and on his left 3 I Mrs Chaun-
cey Cable, his sister, aud her husband. The
PROSECUTION was conducted by Messrs. Bacon
ste d, aud Lewis L. Carr OF New York and
II. ". Nanny Of Goshen, conducted the de
inflicted by the cowhiding. There were traces
Of the bruises, his upper lip was black
ara wound O"s across ss sse the
first witness called was MIR. John II. Conner,
who wrcnched the revolver out OF Mr.. Betders
hands after he fred the shot at Murray. Conner
detaied the circumst ances OF the shooting
ARRAY about az II sas slrea1y been given He
loosen his arm from the grasp of Spencer Mur-
ray wnen he bred the shot that bit " isner Muir
ray, and when he Conner got the pistol away
from Bsrueil, Spencer Murray let so his hold.
The pistol was produced, being a Dsrriuger,
hyd-shooter. with one chamber empty. The
mess said thai WAner Murray, when he begin
to cut Berdcll over tic head and face WITH the
cowhide, exclaimed. Z" aketne', you oid seoun-
drel; I'm teach YOU @ insult my mo;eef.
Lyman liall, an Erie Railway engineer sta-
toned at 1shcn, next testified about tue
struggle, the cowhidiuR, and tue subsequent
shooting lie said that waen MURRAY started TO
ar
yelled out to his brother, VINO had Berdelrs
arms pinioned. to " Hold him hold him - Der
del held his pistol In his rlght hand, which lie
supported by his left, and when Murray was
shot he was In the act OF closing the kitc1
door through which he had just passed. After
rant counter ami followed him to the kitchen,
where no saw him ly,ng On the door wish
seven-shooter By his side. This 10 the revolver
that Murray Is supposed to have h d In his pos.
session when he attacked Berdell with the cow
hide. Witness looked for tue revolver a second
time. but u was gone. lie helped To lake Muir
ray to the Occidental hotel. Murray retained
the iittie blue cowhide In his hand until he
reached the hotel.
IA. A. Horton. the station agent, swore that
his attention was called to the frrcss by the
herceness of the blows from the cowhide. witch
he thought were very severe. lie corroborated
the testimony OF Engineer Ball. and accounted
for the sudden disappearance of the revolver
fovna ne n Wisner Murray by saying that tie told
the giri IN the Restaurant TO put 1t in The cup
bu..rd.
William Hornb.ck. telegraph operator at the
Goshen onice, corroborated the testimony Of
BAH and Horton as TO the struggle and the
shooting. Counsel for the defence endeayored
To- show by this witness that Chancey BarparJ,
father Of Mrs. Wisner Murray, and Mrs. rcel
aided and ahetted the hOggiug II Mr.. BsTde
During the argument on the adrnissiblttY OF the
evidence counsel for the defence was loudly APP
plauded by the assemolIge when reference was
made to the atroCity Of the logging. The wit
ness asked n any telegraph mess yes had
passed through tue Goshen Office between the
Murrays and Mr.. Barnard, but as lie left the
ohice a. 10 o'clock In the morning Of that day he
could not say that there mad been any
T.. A. Van Sickel, Goshen lawyer, who was
at the depot at the time vf the anIay, testified
tuAt Murray still retained the rawhide IN his
right hand after he had been taken to the Occ-
d ntai hotel. HIS vile being called, he then
and then afterward handed IL TO witness with
the remark, Ed, take good care OF that" The
witness testified That he saw sir. barn ,rd. Mrs.
Murray's father, ut the depot, aud In their at
tempt To show tnat he followed Mr. berdell up,
and endeavored To further assault MIN after the
Aurrays had got through with hin, tne defence
were oyerruled FOR the present by tue court.
Iu a lengthy argument by counsel for adjourn
ment and the further custody ~ tue prisoner,
MIR Berdrll, 10 was stated by the defence that
Mr.. lBerdelfs physician thought II was extreme
~ dangerous for him TO longer rem ale IN the
Goshen jail Counsel stigmatzed the institu-
county. hole totally uuft for human beings to
remain in. Mr.. Berdel Is very weak, and shows
unmIstakdbl signs OF physical prostration. lie
will be given "a better place u. Night. possibiy
allowed o 20 nome under guard, or PROBABLY
kept III the court room OF the County Court
House. The ex animation was adjourned until
To- morrow me rning.