Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-12-31
the sidewalk; deceased had ore foot on the |

was four feet from HIM; was foot from
Murphy; Glispin was opposite me, four feet
from Murphy; deceased was south of Glispin
facing Murphy; Murphy was holding the
gun horizontally (shown.)
| Don't know where Murphy's hand was
self and Glispin took hold of il; Murphy
said it was an accident: did not know it was
cooked; the other barrel is not loaded; he
raised the hammer to show US it was not
| capped; did not hear cap explode when I
let go, and Glispin did the same; there was
no struggle; Murphy gave it up to Chas.
Kempfer, who set it up against the fen ce;
Murphy said it was an accident two or three
times; deceased staggered back, exclaimed
don't, DON'T" and fell; I VENT to him
smoking; said it is a fatal shot, Murphy
said who will take care of him, and said it is
necessary to get a doctor; look@d up and
saw the doctor coming; say Murphy deliver
himself up; Immediately after the two Mr..
Cheneys came, then the doctor, also Mrs.
Bradford and Mrs. j. g. Cheney; Murphy
said we had better get him to Some place
and take care of him; Murphy left and
Charles Kempfer with him, and took the
gun with them; the muzzle was pretty close
to deceased when it went off; did not see
| any one cock the gun; Murphy was quite
excited and asked if anything had been done
about it; l told him had the
party under arrest; he asked if I
intended to prosecute; told him no I did
not; Isaid it will be all right; Murphy said
1t would not be all right; was not the man
ne took me to be; said was as good man
as ne was; he turned to go up Main street;
went after him and said want to talk with
| you, you misunderstood what meant; saw
my wife was the proper person to attend to
it, as she was the mother, was only the
step-father; he said that altered the case;
asked where he was; I said at Flanders
hotel; he said he would like to see him; he
went into the building; he had gone with the
sheriff to look for the sheriffs watch which
ne had lost; thought he might get away
from the sheriff, and thought we would look
after him; we went to Glispin's house; Chas.
hempter was close behind: went to Cheney's
corner; stopped on the sidewalk; we spoke
to Glispin and said, chow are you Glispin?"
he said, SHOW are you, captain?'
In reply, Murphy said to deceased, care
you the party who tried to play your cape1s
on those little girls?"
He replied he was.
Mr.. Murphy said, "You are pretty
scoundrel to be in that kind of business.
He replied, s'You know how it is your
self.''
He said, 81 have never been in that kind
OF business" probably other words were
spoken; Mr.. Murphy was calm and spoke
quietly; after the shooting he turned
paid and changed color; never said
to me he sswould fix the
damned cuss," or no language of that kind;
made no threat in my presence; Il heard
what Haycroft testified; saw him that day;
was twelve feet from him; said nothing to
Murphy in presence of Clark: did not see my
wife there; she might have come up to and
spoke about the prosecution, but don't
recollect; stood talking fen of twelve min
1tes.
cRoss-ExAMINED BY MIR. BUoE,,
Don't know if he used the words, dirty,
low-lived seoundrel;" don't think I said so;
Murphy said such man as you ought TO be
shot; Glispin said nothing; Murphy said you
the muzzle came up and the gun discharged
don't think said what in hell do you mean;'
Murphy said it was accidental, while we were
struggling for the gun.
CHARLES KEMpFER SWORN.
Said reside eight miles from Madelia; was
residing one and one-half miles west of
on that day; was working for him; that DAY.
went with Capt. Murphy in search of Ash; I
was q constable; went from Mr. Murphy's
house; he took his gun; it was this gun (pro-
duced.)
Went to find the man with the black satchel;
went through Madelia to Dellings hotel; heard
the conversation between Murphy and B. Kem-
fher; Murphy said to Barney:
'sHow about these girls?''
He SAID, Il have man under arrest
What else? Long pause.) In reply said, ''are
we going to do anything with him?"
Barney said he hadn't done any thing yet.
Murphy said, "Are you going to do anything
Barney said something about his wife being
the proper one
After several seconds pause: Went east to
Waugh is; don't know what talk they had Bar
ney said, Lets talk the matter overs" they
hear what they said; went past the Delling
house; know Haycroft; at least they say it is
Haycroft; he is hump-shouldered fellow; l
did not see him there; went where the killing
took place; was thirty-five steps behind; Muir
ply did not say Il will fix the damn cuss''
MIR. Severance-Did Mr.. Murphy say 81 will
kill the s. of b-?''
Witness, emphatically mo, sir;' we met
Mr. GEspin and deceased; Murphy gave him
the time of day; Glispin said, .show are YOU.
captain?' Murphy turned round to the boy and
f6 taih d the boy stepped off from
SAAS
careless way.
Murphy said, are you the boy fooling around
those girls; won't say positively fooling?
The boy nodded, not saying the words but
nodded consent.
Murphy mentioned it's being small business
The boy said, You know how It's YOURSELF"
Murphy said, such men as YOU ought to he
shot.
Glispin spoke short and quick, ssLet the law
take its course"
Murphy said, 81 think SOL
Cert iinly something said about the muz-
zle of the gun? Yes I am sure heard muz-
zle; the gun went off; if noise and smoke
is any evidence the gun went off; 1 sat on tor
of the fence at our first meeting.
How long was it'll am a poor Judge of
time: could not swear if was hanged for it
how long have been sitting here.
Mr.. Glispin grabbed the gun first; few Sec
onds, don't know; l am no judge of time;
Barney grabbed at the gun, too, from behind !:
they delivered the gun TO me, but am a Door
judge of time.
By MIR. Buck-How far from deceased was
the muzzle of the gun?
When I'm all right claim to be an artist in
distances s but no judge Of time. It was one
the court, suppressed by the sheriff.
he was questioned at length about the dis
lance with Righteousness by Mr.. Buck and his
evidence read to him as taken at the prelim-
mary examination, showing that he said eigh-
teen inches or two feet He explained: "Well,
1T was six inches too much one time and six
inches too little another; that will make it all
right
CRoss-ExAM1NATIoN CONTINUED.
Well, it was such quiet, peaceful transac-
tion; thought it all over and would go home;
thought they were through sure.
He was asked who let go of the gun first
He said it was simultaneous relinquishment
but the gun did not fall to the ground because
he, witness, had hold Of it, and explained what
ne meant by peaceful transaction by saying: