The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-12-03

was or was not guilty of the murder OF Philip
Dawe. he stated that the defendant was born
IN fcnnsyivanis in 1874 OF poor but honest
parents, ana when II years of age was put to
earn the moider's trade; when Is years of age
the war broke out aud he enlisted under Nc
Ciellan, and at Malvern Hill hc had his srulI
crushed by the explosion OF she'll and Tor six
months Lay in the hospital there aud mas since
tnat time suffered from eczema He recited the
ne Oh Murphy mere, showing him to be
quiet, industrious man, and said that
Dawe was prizefghter, q quarrelsome
mAu ana dangerous man whose career was
checxered. He would show that the first work
Dave obtained here was through the defendant.
ana the nrst money he earned was paid to him
py tne defendant He rccited the circumstances
OF whftaey's death in 1887. when the eoroner's
jury returned q verdict OF death from causes
unknown; how Whitney and Dave had had
t.onnie ana had foug at il out behind the New
England hotel and Dave had been whipped.
defendant was witness 10 this fight, and later
in the day he had seen Dave retracing his steps
toward the scene OF tine iigh. and armed with a
pistol and billy, and saying that no man could
whip him and live In the morning htney
was found dead, and defendant saw Dave after.
ward and remarked:
you did that fellow up in good shape"
Dave responded, "You -, you know too
much You are sticking your nose into mat
tiers which don't concern you"
since this time Dave had It in for Murphy
untli the date OF his death. Mr.. Ronald recited
the circumstances of Dawes owning a saloon
ana bis thinking that Jim Murphy was .'boy.
cotting" him. Dave continually cursed de-
fendaut for not taxing the custom swey from
Ooie saloon and bringing it to his. Dave was
continually stopping Murphy and calling him
names. and asking why he was talking against
MN. nc had strong susp cion that Murphy
hhu oeen telling something about him. Murphy
told Dave that he never spoke against him, and
asked DAVE to produce the man who said he
DID Every time Murphy went into Dawes
saloon he was called most vile and obscene
names by Dave. A month before the shooting
Dave had deliberately trod upon Murphys feet
and put his hand TO his hp
he would prove that Murphy was not getting
hi- drinks for nothing from Dave. He had
given Dave 80 in advance to pay for his drinks,
and ut the time Dave was killed he owed Muir
ply money. A week be ore the shooting Dave
met Murphy and again commenced to abuse
MIN most shamefully. when Murphy said:
'"e'i, give me what you owe mo and I'll guer-
sntee not to bother you any MORE" whereupoa
Dave said: "rii pay you in my own good time
ana In my own c. d. way" Murphy told
him that he nad tried TO pick fight with him
several times, bur he did not want any trouble
with him and he lett, Dave heaping tho vilest
insults on Murphy's head.
lie said that the morning OF the shooting
Murphy was going TO Astoria TO take up the life
o! a steamboatman. He sold n trunk, first tax
ing rom it revolver and putting it into his
pocket and that was how the revolver happened
To be III his pocket Murphy was not in the
habit OF Carrying "a revolver. Murphy on the
day In question was asked into the saloon by
man named Nichols, aud DAVE asking, "W here
do come in, was also asked to drink. They
all Clipped in then and raised A. cents or As
cents more amongst them, and had another
drink DAVE Kept asking the men to "Say
something" Nichols had pup whose ears he
was going to have cut DAVE picked up the pup
and threw il over behind the bar. Nichols
wanted the pup, but Dave would not let him
have il unless he ''sai1 something" Finally,
when 1t WAS evident that the man had no moro
money, Nichols got his pup, rnd Murphy gave
him nickel to paw his fare. The two men
then went out, bu; just they got to the door
Dave cried out, "Say, Jim, want 10 see you"
Murphy wen. back into the saloon, when Dave
said: "Say. what did you mean by giving that
fellow nickel? You are always driving Gus
tom away from my house, c. d YOU.
Murphy went back to the closet, and when he
came back Dave said: "Wcil, amt you going
to say something before you go?" Murphy said
he didn't care II he did, ana walked up TO the
bar. While Dave was reaching behind the bar
for the bottle, Murphy stopped over to spit in
the spittoon While in this position Dave
reached over and "jabbed" him in the head
Win causing uim 10 SLUG 10 the
floor. Murphy rose up in anger and asked
Dave what in HI he meant by that Dave re-
piled: 81 mean to kill you, you -" at the
same time reaching under the bar for his pistol
Murphy knew that it was either Dave or him.
self, SO quickly drawing his pistol, he fired.
When he saw Dave drop he walked out of the
saloon and went to the Fashion saloon. Murphy
knew DAVE was a bad man. He had heard Dave
say often that man who made bluffs with a
gun ought to be shot, and that If he ever pulled
a gun he would use it.
lie claimed that Gordon's testimony was a
deliberate lie. and that he was not in the saloon
at the time of the shooting; that he might have
been in the closet tapping keg of beer, but
that he was not in the saloon That Clark aud
Russell never offered him a bride was self
evident, for had they done so, Gordon would
certainly not have been a witness in the case.
He would prove that Gordon had repeatedly
tried to get money for leaving town before the
trial. He complimented Detective Cudihees
shrewdness and keenness, characterizng him
AZ one of the shrewdest men in the state, and
Murphy, knowing that at the time of his arrest
all that he said would be used in evidence
against him, very naturally kept his mouth
shut.
When Mr. Ronald finished his address to the
jury the court room and bar were filled with
spectators, many standing in the aisles and
along the walls.
Tho first witness for the defense was Orrin NJ.
Russell, a ooth-faced, well-drassed, boyish-
looking young man of 20 years. His manner
was EN- barrased, and he spoke with a falsetto
voice. and IN such low tones that he had 10 be
admonished to speak louder at least a score of
times by the court, Jurors and attorneys. He
said he knew Gordon we'll, and had played pool
with him often. On the night following the
shooting he was playing pool with him in the
Mug saoon and he said:
81 was in the back room at the time, and
didn't see the shooting, but know 1t was Muir
ply, because saw him going out the door"
week or SO after the murder they were playing
poo again. when Russell said TO Gordon:
"How is tais? You're telling two tales about
that shooting"
Gordon repliei-"That's all right; saw the
going ont the door aud I know it
was Murphy all right, because when went out
TO give the alarm saw his face. don't want
to talk about IT.
At another time Gordon said 70 him: al wish
] was out of this town. You see was little
excited when gave my testimony before the
corouer's jury. Now, I'll DO the square thing by
you. II you give RE $50 I'll leave town and
never cone back" Russell said he didn't have
the money Gordon said: "Dont you know
any OF Murphy's friends who would raise the
money!" At other times also Gordon spoke 10
Russell about getting money lot going away.
one day be told GORDON he could So out and see
Joe Clark. aud that night he took Gordon out
aud introduced him to Clark.
Gordon said 20 Clark: "Neli, l suppose you
know wba; I'm here iofY'
"Weu not exactly said Clark.
Gordon said: ali you give me $50 III leave