The morning call., 1890-10-30
NOT FEELING SECURE.
Nelson's Examination OIL the
Charge of Libel.
Judge Murphy Tortured on the Witness-stand
by Iunuendo and the Accused's Deafness.
Sweeping Denials of the Allegations.

L lie VI w
NJ. Nelson, charged with publishing libel
Gus circular about Judge d. j. Murphy OF
the Superior Court, was resumed yesterday
in Department of the Police Court, before
Judge Joachimsen.
Nelson personally conducted his cross
examination of Judge Murphy, depend ng
ON his attorney, Clarence Gray, for advice
only on leg points. Before he was allowed
TO proceed an order was made expelllng all
who had no business or right in the court
from the room. Then Nelson began by ask
ing: Il wish to know before we proceed,
your Honor, if Pm safe in this courtroom
while this examination Is in progress"
Perfectly safe" vouched the Court.
"Well, I'm not feeling secure and Pm
not willing to conduct the case until war
rent is issued for the arrest of Jerry Jones,
man who assaulted me from behind in
your presence last night. | therefore ask for
the arrest of Jones"
The prosecuting Attorney Will issue
warrant" replied the Court.
Judge Murphy testified, in reply 10 Nell
sons questions, that he was born In Lowell
Mass, and Nelson remarked that if three
witnesses would swear that the witness
lived III Cork until Is years of age he would
surprise him.
ut is absolutely false" was the witness
reply in loud and angry tones.
Did you ask General Barnes to help you
in securing renonination?"
mo, did not"
did Barnes ever employ you to secure
indictments against persOns~
mo, sir. He never did.
"Nere You employed by Barnesi the
Sharon trial?'
Il was employed by Senator Sharon him
self"
HAS Fl. H. Lowenthal been to your office
at o o'clock in the morning since yOu heSan
your SUIT against Frederick MarriOtt?'
He has been to my chambers IN legal
business. the nature of which l canuOt re-
member"
TIE MINUTES CALLED FOR.
Nelson called for the inmates of Judge
Murphy's department. but Clerk McNuity
said he did not know what books are
wanted and he did not believe it necessary
to hire several teams to transport all the
ponderuus volumes. McNulty promised to
have specified books in court at O'Clock.
IF you have paper or order demanding
the delivery of a diamond ring TO Judge
Murphy from Prisoner lie Clair bring it
along" Nelson insnua,ingly suggested
with a broad smile of ridlcu!e.
" object to this man speaking like this,
roared the witness.
Clerk McNulty denied that such docu-
not fair to Judge Murphy to make such in
situations
Witness denied having discussed the lit
tie Peie" case, and is not aware of 5000
having been paid to have it transferred TO
his department
An adjournment was then taken until 2
o'clock, as a hot dispute was imminent.
When the hearing was resumed at 2
o'cork Judge Murphy walked up to the
witness-Stand, and Clarence Gray made
motion to grant his client, Nelson. pub
lie bearing.
He is getting public hearing" an
swered the Judge.
Gray commended that inasmuch as the pub
lie i, excluded from hearing the case on
trial, according to the law, he took eXcep-
ton TO the proceeding. y motion 10 open
the COURTROOM doors was oyerruled, and
Gray took particular precaution TO have the
Courts ruling placed upon the records
Then the case went on.
No FAITH IN THAT ASSAULT.
"Then, may ask, did you send those two
ruftianS to assault me?" demanded Nelson
of Judge Murphy.
8 / did not" testify replied the witness,
NOR do | believe you were assaulted by two
ruffians or any one else.''
II move the answer be stricken out" said
Nelson.
1T will not be; let ii go on the minutes"
remarked the Court.
bldgs lObtCStublHS VIC legal ItCh vi lIt
case, mterpoSed an objection, as the answer
merely called for an opinion Of the witness,
who was not shown to be an expert in the
case.
- i am conscious that l am on oath, and l
repeat that | don't believe that Won were as
saulted last night, and it is my opinion that
you were not, replied the witness again in
answer to Nelson's question. Gray jumped
up and lnterposed the following question:
" Counsel Tor the defendant asks the last
question for the purpose OF testing the cred
Utility OF the witness. Did you not swear
that you did not take any interest in this
case by reading the newspaper reports? ?"
- merely scanned them over, that's all,
replied the judge.
1--WE only ask this to test the credibility
Of the witness, to imppach him." sid Gray.
Let the examination 90 on" the Court
said.
Witness reiterated a statement made in the
excitement Of a heated debate, to the effect
that he is not a particular friend of Jerry
Jones, who caused disturbance tie PIE
ylous evening. He did not see Jones at
tempt to assault Nelson at any time.
Jones is friend of yours, is he nOt?" in
sin uating asked Nelson.
Il have known him, as | have thousands
Of others. for fifteen years past in this city,"
LAS a frend?"
81 don't know. He is a Democrat"
Then you have Democratic friends ?"
ION, yes; great many Democratic
friends" replied Judge Murphy with
wave OF his hands and broad smile, which
turned the laugh against Ne ilsUn.
The defendant at this ,ont referred to
features of the Sharon case in which lie was
involved. Judge Murphy paid no attention
to the matter, us he assured the Court lie
knew nothing regarding them.
THE LIE FLATLY GIVEN.
Nelson read part of the complaint, which
Judge, Murphy characterized as liOeous.
Then he read an article in an Old edition of
a weekly paper, known as the Star, about
James Sullivan, who shot a gambler on
Stockton street years ago, and was admitted
TO bail by Judge Murphy, etc; but, ON ap-
proaching the end If the article, discovered
that it was not about him.
You knew 1t did not refer to me-" eX-
claimed the witness.
Now, now; stop. If you say that was
aware Of that fact must engage in per-
sonal conflict" eXcitedly replied Nelson.
The Court then took a hand and insisted
on Nelson respecting 1t and to sit down,
which he did. Nelson continued reading
rambling article about little Pete" Chinese
murders, etc, all OF wtrich have appeared
repeatedly in the local papers.
Judge Murphy replied that the allegations
contained in the article are false, each and
every one. His replies were in trumpet
tones, yet Nelson persisted that he should
speak louder. The witness shouted that it
all was an absolute lie, if it was intended to
connect him with any corrupt acts and the
man who says so is liar.
Then you mean to say that ex-Judge j.
G. Mcguire. who wrote it, is liar?''
Yes, absolutely, Judge Mcguire or any
other Judge; even the Supreme Justice of
the United States, he is n liar if he meant to
imply that there was any improper conduct
on my part" said Judge Murphy.
Judge Murphy, reading the article piece
meal and denying each allegation separate
ly, commented on It's density at one place.
g Let me read it them" suggested Neil
son. am a newspaper man"
don't, you, that you are. You are
writer" was the witness answer.
"a cauStic one" added Nelson
Continuing the reading, Judge Murphy
remarked that he doubted that ex-Judge
Maguire had written the article and whether
the defense would place him ON the stand
A farcical wrangle, conducted by Nelson
with the witness followed. 1t was all over
the Little Pete" and similar cases in the
Superior Court years ago. the status of
which is widely known.
The article in question contained several
dates of continuances in Judge Murphy de-
partment and the records were demanded