Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-12-30
CRIMES AND CASUALTIES.
TIE AsH-MURPHY TRIAL.

Hon. D. Buck, of counsel for the State
then opened on behalf of the prosecution
in brief but clear and forcible statement
ment, which is for murder in the second
degree. After reading the Indictment and
statuatory 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 a 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
er, from Wisconsin, who testified to the
identity of the young man, and his being
10 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 10Th; 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 a gun under
MS arn defendant was accompanied with 8.
0. Kempher and Chas. Kempher; 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 a thing
ought to be shot. spoke and said better
let the law take its course.
Defendant said, 81 think so, too
Defendant said, GLOW would you like to
look into the muzzle of a gum"
About the time the words were out the
gun discharged, and 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 front on board
sidewalk and standing about ten inches
higher than deceased. They were looking
at each other, face to face, when conversing.
When trying to get the gun away from Muir
ply cap snapped on the Ieft-hand barrel.
Defendant finally gave up the gun to Chas.
don't" when he fell The gun was held
(witness illustrating) by defendant in the
right hand with the arm at full length by
breast Of Ash. (Gun offered and admitted
in eyidence.)
B. 0. Kenpher and myself examined the
wound, and he thought it was & fatal shot.
Mr.. Murphy then said it was an accident.
t>ho Il
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. l had to get
other help. Don't know whether the other
barrel WAS loaded.
Cross-examined by Mr.. Severance-When
I met Murphy [ had been with deceased
looking after Walch. Mr.. B. o. 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 thel hammer.
The gun was here handed to witness, and
from the witness handling of the gun be-
tore the jury it appears that the left hand
lock wonld not stand at half cock. The
right hand barrel would stand at half cock,
but would snap at half cock at a bare
touch of the trigger Il would also snap
from half cock by pushing the thumb the
back f the hammer.
Witness further said: 81 never knew or
saw any cooking of the gun.
The examination adjouraed.
Western Associated Press.
INCREDIBLE INHUMAN1rY.
PEORIA, H., Dec. 2S.-An almost incredi-
BILE story is told here by a young girl named
Maggie Ilahre, to the effect that last Thurs
day she was kidnapped by two unknown
masked men, taken in sleigh into the coun-
try, tied to q tree and her clothes set on fire,
having first chloroformed her. The flames
burned the strings with which she was sound
and restored consciousness. Sue was found
by farmer and brought to her home in this
city, where she now lies unconscious.
INSANITY PLEA.
TRENTON, Dec. 2S.--The brother of Benja-
min Hunter, the convicted murderer, has
asked Governor Mcclellan for q special SEES
sion of the court of pardons to consider
Communication OF the death sentence, on the
ground that Benjamin is Of unsound mind.
THE LAST RESORT.
MEMPHIS, Dec. 2S.-James Dixon, former
" minister at New Albrny, Ind, attempted
TO commit suicide last night at the Peabody
hotel by taking strychnine. Several letters
were found in his room, written previously
to the attempted self destruction, which gave
as cause for his action reports of his init
macy with young lady at New Albany. His
condition is yet critical.
CINCINNATI PORK FAILURE.
CINCINNATI, Dec. 2s.-It is now estimated
that the failure of Wheeler q Co., pork men,
mentioned in the dispatches yesterday, will
amount to between $4,000 and $4,000
when all the persons with whom they had
dealings are heard from. Chas. Fl. Forbes,
the company Of the firm, who was arrested,
was released yesterday afternoon, but later
rearrested on complaint of Samuel Kyle,
of Middletown, who charged him with en-
bezzlement
SAVINGS BANK CLOSED.
ALBANY, n. Y, Dec. 28.-The Haverstraw
savings bank has been closed by the attorney
general.
PIANO FACTORY BURNED.
BosroN. Dec. 28.-The Emerson piano
company's factory burned tonight. Loss,
100000; insured. Eighty-fve men thrown
out OF employment.
ROBBED HIMSELF.
PEORIA, ILL.,, Dec. 2s.-Charles L. Otto,
who reported Thursday morning that his
ieWelry store had been burolarized. has con-