The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-12-07
THE SECOND DEGREE.
James Murphy Escapes the
Death Penalty.
JURY OUT OVER SEVEN HOURS,
FEDERAL Grand Jury Returns Seventeen
Bnis-An Ancient Contempt II
Court-The Blotter.

At 10 o'clock last evening, after seven hours
of elaboration. the jury brought in g verdict OF
murder in the second degree against James
Murphy. the slayer of Phil Dave. The penaisy
upor conviction for this crime Is Imprisonment
In The peaitentiary nc. to excee6 twenty yes-s.
asG un!ees Murphy is granted the new trial for
which his attorney has moved he will be an
inmate o. the WaIla Wsila prison.
Upon the opening OF court yesterday morning
s:9:30 O'Clock Mayor Ronald began his aryu-
uent for The defense and continued speaking
until L o'clock. He co1trastei in forcihIe
terms the character of Murphy. who was uic.-
r.ed as q pesceable, Iaw-abiding citizen. and
that O. DAVE, who wss delireated as q vicious.
eu.reisome man. He also made a vigorous
attack upon the testimony OF George Gordon.
who claimed TO have been the only eyewitness
to the shooting.
4. the afternoon session Prosecuting At.or-
ney Miller closed the argument with a speech of
aItt,e more than an hours length, in which he
made q careful review of the testimony. and
closed with an appeal for the preservation OF
law and order by the finding of a verdict in &C.
cordanee with the evidence.
Judge Humes' charge to the jury, which
lasted about ten minutes, was Commemorative
and to the point. He gave some general ,as.rnc-
lions upon the different degrees OF homicide
end the weighing OF evidence, following with
special Instructions furnished both BIZ the state
and the defense regarding the rules to be an
pie. GEIs SsfE6il 4lstiug cGIGlfIOlS. II WAN
3oelecs when the jury, in charge OF DEPUTY
Sheriff Brock way and Bailiff Cookson. d,ed ont
OF the court room.
In the evening the court was in session dur
ing the hearing Of the case Of Mary Plunnmer,
charged With grand larceny, ana there was still
agood sized crowd IN attendance, waiting for
the outcome OF Murphy's case. A few minutes
before 9 O'Clock there was an interesting and
somewhat startling diversion from the regular
proceedings. The jury had sent in word to the
court that |. desired further Instructions upon
the degrees of homicide and its mern hers were
ushered back into the court room, while the
prisoner was brought up stairs from the Jail In
charge OF a deputy sheriff. The JUICE had
scarcely started on his Instructions when the
electric lights. with which the room was sup
pIfed, suddenly went out There was a murmur
oil soinething like alarm ali over the court room.
but the Judge did not stop speaking and finished
his brief instructions. Meantime the officers of
the court were hurrying through the building
In search OF lights, aud finally brought out a
dingy lantern and then a students oil lamp.
Just as the jury was icing escorted out of the
court room the electric lights flashed out bril-
iiaatiy for a moment and then died away again.
murphy was led back to his cell by u denuty
VINO carried a lantern to light the way. About
ten minutes later the lights famed UP again
sad caused no further annoyance
Ate:45 the jury cent in the announcement to
The court that 1t had decided on a verde ct. 4
messenger was dispatched for Mayor Ronald,
who was at the theater, and he came hur-ying
TO the courthouse. Murphy was again brought
up from the Jail and into the court room, As
the jury flied in. Foreman Sizer Carrying the
verdict in his hand, the prisoner, for the first
time during the trial. appeared a triiIe nervous.
The only manifestation of it was in u
OF the fingers on the table and the intent gaze
with which he followed the movements of the
twelve men. Further than this he gave no sign
OF emotion. even when the clerk. standing IN.
read iii solemn tones:
We. the jury in the case, wherein the state OF
Washing is plaintiff and james Murphy is de-
fendaut, do find the defendant guilty OF murder
IN the second degree.
do you desire tho jury polied?' asked the
court, after the jury had assented to the YER
diet.
Eve do, your honor. said Mr.. Ronald"
1.-The prisoner will como forward. You will
face the jury while the clerk interrogates them"
without the least sign OF shrinking the pris.
oncr walked hriskiy forward, and stood before
the jury box while the clerk read off the twelve
names, one by one. each man rising in turn to
answer the question: SIS this your verdicta"
Without exception they replied il the affrma-
tive.
Tho jury. being polied. was dismissed by the
court. Then Mr.. Ronald gave notice OF a mo-
tion Tor a new trial and the hearing OF the case
was at an end. After a few minutes whisnered
consultation with his attorney the prisoner was
taken back 10 jail again in charge OF Sheriff
Noolery.