The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-12-06
TESTIMONY ALL IN.
Argument in the Murphy MUIR
der Trial Begun.
CASE GOES TO THE JURY TODAY.
INTO Ranke's Will Fifed-Legal Fight
Over the Furniture OF . Lodging
House-The BiotteF.

The life OF James Murphy, on trial for the
wurder OF Philip DAVE, viii be placed In the
hands OF the jury today. The argument of tho
ease. which has been on trial since last Wednes-
Aay was begun yesterday and will be con-
ended some time today. The case will 20 10
the Jury some time this afternoon.
Yesterday morning was occupied in taking
ire states testimony in rebuttal. Then, in the
afternoon. the jury was taken to see the scene
of the shooting, and shortly after p n. the
argument began. A. G. Mcbride, the assistant
vroseeuting attorney, spoke for the prosecution,
ana 6 II. Piles for the defense before the ad-
journmeut OF court at the evening session.
March,. Johnson, smooth-fsced young man
OF %. who keeps the boathouse at the end of
Jackson street on Lake Washington, was tho
first witness in the morning. He testified that
Dawes reputation was good during the Last year
OF his life.
Thomas IL Cam testified tAat Dawes reputa
& ton was good year before he died.
George Z. Gordon, the alleged eyewitness OF
tie tragedy, testified that b. c. Ives had bought
the clam nectar from Murphy and had paid him
S for il in his presence, and that Murphy had
spent 81 of the money in treating the crowd.
There was no pistol kept in the saloon, except
little old rusty one which lay In a drawe. of tho
back bar near the entrance, and which was used
as receptacle for scrap-iron nails, etc. Within
IN hour of the shooting he had told the story OF
It, as he had seen It, to Chief of Police Jackson,
Detectives Cudihea and Roberts and tive news
paper reporters, and had also made statement
in writing OF the affair to the prosecuting
attorney Those stories and statements were
substantially the same rs his testimony in the
case as already given, only not 80 full and de-
tailed as was also his testimony at the prelimin-
AIRY hearing OF the defendant
great deal OF time was consumed In argu-
A. ia. f
the above testimony, but the court ruled that az
the defense had undertaken to impeach the
witness testimony. by citing other stories he
had told which were inconsistent, the prosecu-
ton could reinforce the crediblity OF the wit
ness testimony by showing that it was sub
s.sntially the same story he had told at the time
OF the occurrence
On cross-examination, he said that after the
occurrence great many people had asked him
to tell the story, but that he had told them he
didn't know anything about il and didn't want
70 talk about it, and walked away from them.
". H. Cowie, who is in business South
eecond street. testified that Dawes reputation
for years before his death was good.
in cross examining all the witnesses testifying
TO Dawes good character Mr.. Ronald asked
them /: they knew or had heard of Dawes COM
uniting about dozen crimes. each OF which no
narrated in detail, but they answered in the
negative.
Chief of Police Jackson testified that he had
conversation with Gordon q few minutes alter
the shooting about the affair, In which his state
ments were substantially the same as his testi-
nony already given.
b c. Ives, Dawes partner, testified that there
was no pistol kept in the saloon except the little
rusty one in the scrap drawer. He bought the
clam nectar from Murphy for IS and paid him
for 1t in silver, and Murphy spent 81 Of 1t for
drinks.
IN, ~ ,;nA tbot
memorandum was made of this Transaction In
the books OF the firm; said that the books were
still there and he would furnish them. Did not
know that Dave KEEP: private memorandum
book.
1 Melvin G. winstock, assistant prosecuting at
tornsy, but at the time of the murder a reporter
on the OBSERVATION-DISCLOSURES. testified that he
had conversation with Murphy at the city Jail
on the night following the murder, at which
Jsler Noble was present Ho asked Murphy
why he killed that man: Murphy said that he
didn't do ii, and later said: There must have
been others into it. too, but can't say anything
until l see my attorney" Witness also had
. conversation with Gordon at the scene
Of the murder very shortly after it
occurred, in which he narrated the details OF the
affair absolutely the same as told in Gordon's
testimony. He arrived on the scene within ten
minutes of the murder. The witness was not
cross-examined
testify 10 Dawes good character, and after stat
ing that it was good he became confused by the
question put to him and stated that he did not
know what his character was.
The prosecution then moved that the jury be
allowed to inspect the premises where the MUIR
der occurred to which the defense made no OBJ
lection, but requested that the jury be particu-
larry shown the beer refrigerator. Tho court
said that If there were no objections he would
order the witnesses to go along and explain to
the jury their relative positions at the time of
the killing Ronald and Piles both strenuously
objected TO the witness Gordon making any ex-
PLANTATION whatever. The state said they didn't
care, but would be willing that Murphy should
also explain the positions of the parties at the
time of the killing. Finally the court decided
that the jury could inspect the premises without
any explanation at ali, and a recess was taken
for that purpose.
At2So oclock the jury, in charge OF a num-
Der Of bailins aud accompanied by Judge Humes,
The attorneys in the case, the clerk and court
stenoerapher and the prisoner in charge Of
shes q Wooiery, wen. TO the scene of the tragedy
10 Inspect the premises great crowd had
gathered in and about the saloon. which was
Cleared during the examination. The jurors
carefully examined the bar counter, tie place
and position in which Dawes body was found.
the location o. the chopped co box. the scrap
drawer where the little rusty revolver was kept,
aHc entrance the position OF tue Dee!
refrigerator closet tho distance between the end
o! the bar and The outside door. and the door
eiep and appearance and relative position OF
things generally inside and outside OF the prem
ises. While making the investigation one of tho
!aEers abou; as tall Murphy. took the posi-
Ton Murphy said he assumed when he stopped
over 10 tp!t. just before he says Dave struck
HIN with the whisky bottle and immediately
preceding The shooting About twenty minutes
was consumed in the inspection, alter which
The Judge. jury, prisoner aud court officials re
turned to The courtroom.
4. G Ives was recalled to tho sand by Mr.
Ronald and identified the book Of accounts o.
his saloon during the partnership between him
and Dave An entry of lone kettle, S." wa:
read 10 the jury, which Mr. Ives said WAS in the
handwriting Of his bookEeeper. Mr.. o Farrell
The book was offered n evidence aud no objee
ton was made by the state.
Two or three witnesses for the state not ap-
Fearing. who were 10 have testified Is 10 Dave.
Character, Prosecuting Attorney Miller an
hounced that he had no more witncs es and a
Sic M Mcbride proceeded ~ MAKE the open
ihs argument on behslf OF the state.
he devoted a great deal of attention 70 III.
testimony Of Gordon, who claimed - &c an eve
witness Of the shooting. He dwelt with EN-
fhssis on the facgS brought out in Gordon'
story, aEd vigorously denounced the conduct G
ne witnesses, Clark and Russell, whom h.
eharged with ssinly attempting 10 get Gordon
u leave the country. Mr.. Mcbride spoke NV,
4 sN..,ys