Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-12-29
THE AsH-MURpHY TRIAL.
Especial Telegram to the Globe.

THE ASH-MURPHY TRIAL
Especial Telegram to the Globe.
ST. JAMES, Mimi, Dec. 2S.-The third
days court session opened with a crowded
room this morning, and the twelfth Juror
was obtained, thus completing the Jury
Hon. ID. Buck, of counsel for the State,
then opened on behalf of the prosecution
in brief bat clear and forcible statement
of the propositions contained in the indict-
ment, which is for murder in the second
degree. After reading the Indictment and
statutory definition Of the different degrees,
he ably argued the first proposition:
That the State did not charge Murphy
with Intentionally killing Ash, but intending
an act with dangerous weapon whereby
death resulted.
Second That it was an act without au-
thority of law, not being an officer, etc.
Third-An act evincing depraved mind.
Fourth-That the declaration of indie
pendence gave to every man right to life,
liberty and the pursuit of happiness, closing
with the figure that the State came not in
vengeance but in sadness at the frailty of
one of her citizens.
The first witness was w. B. Ash, the faith
err, from Wisconsin, who testified to the
identity of the young man, and his being
IS years of age, and about five feet ten
inches in statue.
James Glispin, sheriff, was next sworn:
Resided in Madelia, Mimi, seven years;
knew defendant six or seven years; saw de-
ceased August 18th; who was in my custody,
having given himself for an alleged indie
cent assault upon some girls; had been out
with deceased looking for lost watch, and
in returning met defendant with gun under
his arm; defendant was accompanied with B.
0. Kempher and Chas. Kemphsr; after pass
ing the time of day, defendant asked Ash if
he was the one who wanted to do something
to some girls; Ash said he was; defendant
asked him if he did not know better, and
that any one that would do such thing
ought to be shot. spoke and said better
let the law take its course.
Defendant said, 81 think so, too.''
Defendant said, CHOW would you like to
look into the muzzle of gum"
About the time the words were out the
gun was discharged, and I grabbed the gun,
and having tussle, said:
Captain, what do you mean?''
At the time Ash was shot he was leaning
back on the fence, about three or four feet
from defendant, who was in freat on board
and standing about ten inches
higher than deceased. They we're looking
at each other, face to face, when conversing.
When trying to get the gun away from Muir
ply cap snapped on the left-hand barrel.
Defendant finally gave up the gun to Chas.
Kap uhO cfo NV oh
don't,'' when he fell. The gun was held
(witness illustrating) by defendant in the
right hand with the arm at full length by
his side, and the muzzle pointed toward the
breast of Ash. (Gun offered and admitted
in evidence.)
B. o. Kempher and myself examined the
wound, and he thought it was fatal shot.
Mr.. Murphy then said it was an accident.
Then Ash said it was not an accident.
Other persons came. Mr.. Murphy gave
himself up, and said he would consider him
self under arrest, and would go home to do
stacking and come when wanted.
Defendant said or did nothing to offer to
assist, and expressed no regret. I had to get
other help. Don't know whether the other
barrel was loaded.
Cross examined by Mr.. Severance-Wh
I met Murphy I had been with deceased
looking after Walch. Mr.. B. y. Kempher
had informed me that he had insulted some
girls, and had exposed his person. Cora
Kempher was with her father. Murphy was
cool, not excited. When looking to the
boy talked cool and low in his ordinary tone.
Did not see the gun pushed out to be shot
or the right arm raised. After the shot he
looked pale and excited. Did not testify
before Justice Mullen that the noise was
simply the lock on thet hammer.
The gun was here handed to witness, and
from the witness' handling Of the gun be-
fore the jury it appears that the LETT hand
lock wonld not stand at half cock. The
right hand barrel would stand at half cock
but would snap at half cock at bare
touch of the trigger. It would also snap
from half cock by pushing the thumb on the
back the hammer.
Witness further said: 81 never knew OF
saw any cooking of the gun.
The examination adjourned.
Western Associated Press.l
INCREDIBLE NHUMAN1TY.
PEORIA, Ill, Dec. 28.-An almost incredi.
BILE story is told here by young girl named
Maggie Lahre, to the effect thai last Thurs
day she was kidnapped by two unknown
masked men, taken in sleigh into the coun
try, tied to tree and her clothes set on fire
having first chloroformed her. TIE flames
burned the strings with which she was uounc
and restored consciousness. She was founG
by farmer and brought to her home in this
city, where she now lies unconscious.
THE LOSS CONFIRMED.
New YORK, Dec. 28.-Wm. P. Clyde &
Co.. owners of the steamer Emily B. Souder
reported wrecked yesterday, with loss Of
passengers and all the crew except two men
have received telegram from the United
States consul at Kingston, Jamaica, in an
swer to their dispatch. It is as follows
Theodore SJoinert and Alfred Anderson
quartermaster and seaman, of the Emily B
souder, were picked up Dec. IL on life
raft by the schooner "Aobott Devereux, .
from Boston for here. They report the
steamer foundered in hurricane two DAYS
previously. Phey saw boat with passengers
capsized alongside, but lost sight of the
other boats.
INSANITY PLEA.
TRENTON, Dec. 28.-The brother of Benja-
min Hunter, the convicted murderer, has
asked Governor Mcclellan for special ses.
sion of the court of pardons to consider
commutation of the death sentence, on the
ground that Benjamin is of unsound mind.
BLAKE HELD.
CHICAGO, Dec. 25.-Geo. A. Blaikie, who
robbed the Fidelity special deposit vaults Of
$4,000 last Thursday, was before Justice
Morrison this morning. DIR. Turpin, re.
ceiver of the bank, declined to prosecute, or