Daily globe., 1878-12-30
THE AsH-MURPH1 TRIAL.

In1rd-An act eVlnclnS QepfaVoQ mlnQ
Fourth-That the declaration of inde
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
19 years of age, and about five feet ten
inches in Statue.
/ James GIispin, 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 inde-
cent assault upon some girls; had been out
with deceased looking for a lost watch, and
in returning met defendant with gun under
mis- arm; defendant was ccompanied with 3.
Q. 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 thing
ought to be shot. I spoke and said better
let the law take its course.
Defendant said, II think 80, too"
Defendant said, 'sHow would you like to
look into the muzzle of gun:'
! About the time the words were out the
gun was 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 conversipg.
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.
Kempher. who stood by. Ash said, "Oh,
DON'T" when he fell. The gun was held
| 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. 0. 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. l had to get
other help. Don't know whether the other
barrel WAS loaded.
Cross examined by Mr.. Severance When
I met Murphy I had been with deceased
looking after Walch. Mr.. B. .. 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 theIhammer.
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
right hand barrel would stand at half cock,
but would snap at half cock at bare
touch of the trigger. 1t would also snap
from half cock by pushing the thumb on the
back the hammer.
Witness further said: II never knew or
saw any cooking of the gun.
The examination adjouraed.
Western Associated Press.
INCREDIBLE INHUMAN1TY.
PEORIA, ILL.,, Dec. 2S.-An almost incredi-
BILE story is told here by a young girl named
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. Tne flames
burned the strings with which she was nound
and restored consciousness. She was found
by a farmer and brought to her home in this
city, where she now lies unconscious
INSANITY PLEA.
| TRENTON, Dec. 2S.-The brother of Benia-
min Hunter, the convicted murderer, has
asked Governor Mcclellan for special ses.
sion of the court of pardons to conside,
commutation of the death sentence, on the
ground that Benz amin is of unsound mind
| THE LAST RESORT.
MEMPHIS, Dec. 2S.-James Dixon, former
ly 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. 28.-It is now estimated
that the failure of Wheeler & Co., pork men
mentioned in the dispatches yesterday, vii
amount to between $4,000 and $4,000
when all the persons with whom they hae
dealings are heard from. Chas. II. Forbes
the company of the firm, who was arrested
was released yesterday afternoon, but late
re-arrested on complaint of Samuel Kyle
of Middletown, who charged him with en-
bezzlement.
SAVINGS BANK CLOSED.
! ALBANY, N. Y, Dec. 28.-The Haverstra,
savings bank has been closed by the attorne
general.
PIANO FACTORY BURNED.
Boston. Dec. 29.-The Emerson plan
company's factory burned tonight. Loss
$1O0,000; insured Eighty-fve men throw
out of employment.
4 ROBBED HIMSELF.
PEORIA, ILL.,, Dec. 28.-Charles Z. Otto
who reported Thursday morning that hi
jewelry store had been burglarized, has con
was found concealed in the dome of the court
house, which he had the key to for the purpos,
of taking care of the town clock, and the Do,
containing the balance Of the goods was found
behind lumber pile two blocks from tn,
store. His creditors havaattached his stock
| INSANE SHOOTING.
Il New YoRK, Dec. 29.-WilIiam l.. Palmer
of stonington, Conn, guest of the Metro
politan hotel, threatened to shoot with re-
yolver he fourished the private detective o1
the house. The detective secured the aid OF