The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-07-23
A JURY WITH APREJUDICE.
THE NEW PHASE or THE BERDELL-
MURRAY CASE AT GOSHEN.
An Interruption TO the Inquest Over wisner
Murrav's Bodv-Tbe Examination Of MIR.
Bcrdcli Continued-Pointst In the Defence.

An Interruption 10 the Inquest Over wisner
Murrav's Bodv-The Exar,instion Of MIR.
Bcrdcii Continued-Pointst In the Defence.
goshen, N. Y, July 22.-The examina-
ton VI Mr.. Robert II. Berdell for shooting Wis
ner MURRAY was resumed here this morning.
The nrst witness called by the defence was VIII
liam Kninen, a clerk In the store OF Merriam q
Corwin, where wisner Murray purchased the
rawhide wi h which he so severely whipped Mr..
Berdell. Knifen testified that he was we'll ac-
quainted with Murray, and had known him Tor
a long time. At about O'Clock on July 10, the
day Of the shooting ARRAY, Murray entered the
store and asked for a whip. He wanted one, he
said, that was suitable to use when riding colt
that he owned. Knfen showed him rawh'de,
which he said would do. and bought 1t, but old
not then take away. He however called again,
Just before the arrival Of the Newbureh and
Ulster county express, and took the whip with
him, putting It under his vest out Of sight. The
whip was shown to the witness. and, although
he did not Identify It, he said II was similar to
the one sold to Murray, ana was In about the
same condition, except that the end had been
broken OF, probably by the force OF the blows.
J. W. Corwin testified, and contrsdicted fatty
the testimony Of other witnesses. In regard to
the way Spencer Murray grabbed Mr.. Berdell.
He said that Berdell was held from behind, and
was nred at his brother. Other witnesses
have sworn that Ierdell was loose from Murray
when he fred. Corwin saw the whole ahrav
and he says that when the pistol was DISCHARGED
Berdell WAS struggling to get away, his body
was slightly balancing FORWARD ms mead was
them the pistol was tightly held. HIS hands
and arms were trembling very much, and sway
John Rockaiellow and James Foy sworc thst
Derdell was erasped from behind and held there
bile he VS. nogged. They also corrot GRATED
Corwin IN other particul ,rs about the frs cas-.
At noon the court adjourned unit Monday
the sheriff in the room in the Court House witch
lie MS occupied fer the plst three DAYS. there
y no expectation Of his attending u ESCAPE.
You cant drive him away said one Of his
lawyers this mOInug.
AN INQUEST OVER MuRRAY's BODY.
A post mortem examination Of Murrays body
wsss made lad, LIST night by DR.; stimson OF NV
place. lhey learned that the remaining portion
Of tue bali had passed through and lodge IN
SIX III with IL, and weighed sixt, three erins.
Tue lead was hattened, aud the wonder Is that
the wound did not cause instant death.
Coroner Little's jury assembled this morning
In the Gram jury room of the court house. aud
examined tue medical gentlemen VINO nad made
tne post mortem examination. They had not
gone far when they received "a strong protest
from the prs93nsr's LAWYERS. Ihe document was
addressed to j. VI. n. Ii tie. Coroner Of Or nge
county, and said the undersigned, counsel
for Robert n. Berdell, protest against your pro-
ceeding further before the Jury iinpanneled by
you 10 make inquest as to the death OF wisner
Murray" They allege that the jury Is partisan,
md unht to fairly ADD Justly handle tue case.
The protest continues:
sal offCJs mo % mad Sss1
Une constaOe VINO arrested Berlel) with shooting
said murray, and the lmnatiOn thereon I, stll IN
be evc there parsans and friends OF said Murray
and Advtr rics OF sad Berd" on ail jury. and some
chosen on the recommending OF COUNSEL Prosecuting
SAID charge aud AZ are Informed and believe sad
jury Is not free trou p1rtaty or bias nd the same
whole not proper jury 20 take the inquest IN thi,
case We also protest .aln.t the Inserting auy
quniton OF said jury any nadns or statement touch.
s or ancctns te question Of tle gullt or INNOCENCE
Of said herrli statement Oi fAgts which may be
used " Ills ptejldcr.
The protest IL signed by Lewis l.. Carr, Har-
fison W. Nanny, Dwight II. Olmstead, aud Chas.
Tracey the counsel for Berdeli.
THE BIAS or Tue JURY.
This was anticipated yesterday, when II was
rumored that the iry was mostly composed Of
men y tticuarly iilenlly to the MurIays. Sew
selves openly and without ,ny reserve in way
very detr ment ! to Befdell. Counsel vs. that
this morning, Just efure the pro est was h.
| ed to Coroner Little, one 81 the jurymen blurted
out, rs nothing else but murder, and should
| be 50 considered. There seems to 90 reason
to doubt tsat there are At last three, and prob
! aoly Tour, jurors who, minds "A q pre- JUDGED.
! II Is also sid that th-re VIII Toe NJ tfoiole to
prove. II n cessurt That the dNice OF the coun-
! SCI wac are prosecuting was taken In making up
/ tue the jury. lhis matter. together with tho
death Of Murray. II 5 ere ted ado it,onal interest
] IN the case. After reviewing the prot, st, the
! Cor ners Jurv All purned uuiil next Monday.
Wisn"r Murray viii Dc buried at $50 OClock
! tomorrow afternoon. The Board OF trustees
at thclr meeting last night adopted resolutions
/ OF respect aud voted q attend tie funer / In a
| BODY. Ihe funeral will also lie attended Oy Inc
Fire Department and Free sons.