Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-12-31
HURLEY Ind MURPHY.
POLICE JUDGE BUCKLEY HOLDS THEM
TO ANSWER FOR ROBBERY.
He Goes to Jal-Murphy Tells
Bis Story.

The Hurley robbery case was up before
Judge Buckley yesterday morning, and the
mysterious and important witness whom
the defense made affidavit would be pro-
duced. materialized in the parsonage of one
Cornelius Sheehan. He was called to the
stand. and testified that he was present on
the night of December 18th, when Watts
and West walked into Smiths dive. West
was intoxicated, and asked Hurley, Dell
Murphy, Robert Watts and another party
to drink. He afterward refused to pay,
but at the same time held his purse in his
hand. Hurley and he commenced Joking
and foeling, and they got so intimate and
boisterous that each caught hold of the
other and they fell over chair. Vests
purse dropped to the floor, and the bar
tender (Murphy) picked it up and put it on
the counter. He then went around behind
the bar, and opening the purse took out
half dollor and showed it to West. The
latter pushed back the wallet but after.
ward took il and left
The witness sTore that Hurley never
grabbed for the purse, and that not one
cent over half dollar was taken by MUIR
ply. IL any more had been extracted. wit
ness would have seen it.
The case was argued on both sides, City
Attorney Hart claiming that an unusually
strong case. supported by circumstantial
evidence, had been made out by the prose
cution. Attorney Easterbrook asserted for
the defense. that it had not been proven
that force was used, which element must
necessarily be shown in order to make AN
offense robbery
Judge Buckley stated that he wished to
LOOK over the evidence, and would reserve
his judgment until future date
MURPHY's EXAMINATION.
In the afternoon the case of Dell Muir
ply, the barkeeper at Smiths dive, was
taken up.
Murphy was represented by Charles n.
Post, and City Attorney Hart looked out
for the prosecution.
The greater part of the testimony was
the same as that given at the examination
OF Hurley on Monday.
James West told his story over again, and
Mr.. Posts vigorous cross-examina,ion
failed TO make him contradict himself in
any material point. Watts also repeated
his evidence. Watts, ii will be remembered,
was also charged with being an accomplice
IN the robbery, but turned States evidence
and was discharged.
The first new witness sworn was Ernest
Zuckswirt. He testified that he was in
Smiths dive on The night of the robbery
and saw considerable of what transpired.
He did not pay much attention to what was
going on until Hurley and West began
scuffling. Witness then looked up and saw
both Hurley and Murphy grabbing for the
purse, which was on the floor Murphy
was the quickest, and after getting the
purse said TO Hurley, You have made a
d fool of yourself and you won't make
anything by it," The witness thought he
saw Murphy at that time take four bit
piece out OF the lurse, saying that was for
the drinks.
Zuckswirt also testified that some hours
previous to the robbery he happened into
the saloon and heard Hurley and Murphy
talking. They said that they would do
somebody up before the day was over, if
they could.
Officer Simmons and Captain Lee gave
testimony similar TO that given by them at
the examination of Hurley and then the
prosecution closed.
THE DEFENSE
Dell Murphy took the stand in his own
behalf when the defense opened He tes;i-
he'd that be was attending to the bar in
Smiths Fece, and was conveSsing with
Hurley when West and Watts came in.
West asked for drinks, aud Watts said that
Hurley and the witness were friends of his
and should drink too West said it was all
right if he had ten friends, so the drinks
were served out. Then West refused TO
psy for the drinks. Hurley told him that
he had better pay for the liquor, and then
West agreed to do it. While he had his
purse open Watts tried TO look into the
purse and West objected. West seemed to
be afraid OF Watts. FINALLY Hurley and
West got into a scuffle and when the wit
ness stepped around from behind the bar
he saw Vests purse on the floor. He
picked 1t up, took 90 cents from it for the
drinks and then gave it to West. The wit
ness denied positively that he took more
than 90 cents, which ne claimed was owing.
In conclusion, Murphy testified that on
the DAY after the trouble in the saloon he
met man known as Frisco Billy" who
told him that he knew that West had been
robbed after he left the saloon.
Subsequently Frisco Billy" was placed
on the stand and denied this statement.
John Norton testified that Watts told
him the day after the robbery that Murphy
had nothing TO do with it.
Sheehan, Hurley's mysterious witness,
was called to the stand again, and stated
that Watts had informed him that he in
tended to get even with Hurley for trying
to do up West when be (Watts) had him
lin tow" himself.
HELD TO ANSWER.
This closed the defense and recess was
taken until evening.
At the evening session the arguments of
the attorneys were heard. Judge Post
made vigorous plea for the discharge of
his client, on the ground that he should
not be sent 10 prison on the testimony of
SC unreliable person as Watts, and that
of q drunken man.
City Attorney Hart addressed the Court
on behalf of the prosecution. He said that
q palmer case of robbery had never been
made out in a criminal Court than the
present one, and he did not see how the
Court could help holding both Hurley and
Murphy to answer.
The case was then submitted to the
Court.
Judge Buckley said he would decide
Hurley's case as well as Murphy's, SO
Hurley was brought up from the city
prison. After reviewing the testimony in
both cases the Judge said he considered
them proper cases for juries to pass upon,
and he was satisfied that they were guilty.
He therefore held both to answer before
the Superior Court, with bail fixed in each
case 81 So 900.
Since the robbery and until yesterday
Murphy has been out on bonds Yester-
day, however, his bondsmen surrendered
him, and he was locked up in the city
prison, whittier he returned last evening at
the conclusion of the examination to keep
Hurley company.
COUNTRY SCHOOLS.
Pupils Who Have Graduated or Been
Promoted Recently.
The name of Minnie n. Schuyler was