The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-12-04
MURPHY'S OWN STORY
On the Stand He Tells How and
Why He Killed Dave.
no1ATRAcE OF EMOTION SHOWN
Dramatic Incidents In the Murder Trial
Dawes Former Landlord Dis.
covered on the Jury.

I matlc IOrco ne t0lI the Jury III Juuge huMeS
| cour: yesterday how he murdered Phil Dave.
In strong voice, with rapid speech and earnest
| gesture, he stood at an imaginary saloon bar be-
| fore the jury and reenacied the tragedy. In
| taking the stand to plead for his life, he adj.
| venced rapidly. with long steps and swinging
! gait His lace was pale, but his eye was bold
| and his countenance bore look OF fearlessness
| aud cool determination. In characteristic Ian
| guage he related his relations with the man he
| slew and the circumstances leading up to the
| fatal encounter. His self-possession never
| lett him for instant Even when he
| became heated aud partially confused
| under Mr.. McBrides cross examination. he
| didn't lose his head. although he was volublc
| to excess, but this very fault was a redeeming
one, as it tended to remove any suspicion OF
| calculation in his answers in order to make
| concocted story hang well together. Not for an
| instant did he hesitate for an answer, although
| he showed much earnestness in his ready
| but roundabout answers, which were not always
| frank and candid. Throughout his whole testi-
mony he evinced not particle OF emotion, not
| even when he wildly portrayed the tragic
| scene. Not trace of feeling or regret. either
| for the dead man or the manner OF his taking
| off, was visible, even when he spoke OF the
| motives which actuated him during the tragedy
or in trying to account for his actions aterward.
| A score of spectators awaited the opening of
| court, tut more kept coming, and soon after
ward nearly every seat was filed
| The first witness was Officer John Kelly, OF
| the police force who testified that Dawes repu-
tation for QCarresomeness was bad On cross
| examination he admitted that he had heard
! nothing against his reputation or character
| within the last two years
Jack Bowling, a large, heavy-set, dark man.
| said he used to be street contractor in this
| city. but is now hauling coal. He knew Dave,
and said he had bad reputation for quarrel
someness and brutality. He knew him as a
| prizefghter at the mines One time Dave,
| when he had been drinking, had pulled gun
| on him, but he struck Dave IN the ribs with
| brass beer faucet and knocked him down. On
| Contamination he said he was running
| saloon at the time of his trouble with Dave.
! He had heard Dave had become o better man of
late years.
James l. sharp, small, round headed, dark
| man OF IS years. also testified that Dawes char
| acter was bad At this point the female stem
ographer was excused, and witness started to
relate a personal encounter witness had had
| with Dave, the details Of which were exceed
| ingly obscene, when Judge Humes ruled the
| testimony inadnlissible. The witness kept re-
| verting to this affair, and the court admonished
him two or three times not to allude to it, but to
| answer the questions put to him. MIR. Ronald
| wanted the evidence brought out and stated
| what the nature of the evidence was, where
| upon the court sharply reprimanded him, say
! ing that he had ruled such testimony mad
] mlSSlDle 6uO IL SHOULD uOt De put UelOrc the
| jury, either directly or indirectly. Mr. Ronald
took exception to the remarks OF the court before
| the jury. On Cross exanin nation, he said he was
| walking broker, discounted paper and loaned
| money. He had discussed Dawes character
| with other witnesses yesterday after he had been
| subpGnaed.
Joseph Clark was recalled to testify that
| Dawes character was bad. He related having
| seen Dave one time knock a cripple down and
| afterward kick him. He was not ross-examined.
| James +. McGsath, q big man with blonde
| curly hair and a large curling reddis IN NOUS
tache. who played with his hat and seemed
| bashful, was the next witness He said that
| about July Is Dave had got some beer mugs
| and a'clam nectar boiler from him. the price of
| which was agreed on as $50. This money Nc
| Grath told Dave to put to Murphy's credit to be
| taken out in trade and to give him the balance
II he should so away. On cross-examination he
| said that the reason he did this for Murphy was
| that he had been short of money and he con-
| sidered that he had not paid Murphy much
| wages as he should have had, and took this way
| OF sQuaring up with him. He was friend of
| Murphy's, and had taken cOnsi derable interest
| in his defense.
Miss Fannie shroyer testified that she took
| the stenographic notes at the coroner's inquest
| for the prosecuting attorney, and that at that
| time Gordon had not testified that during
| quarrel on the street between Dave and MUIR
| ply the latter had threatened to get even later
| with Dave
After the noon recess Douglas Young testified
that he had become acquainted with Dave
| when he was in the wholesale cigar business,
and that his reputation for quarrelsomeness
| and violence was bad. He had seen Dave pick
| upon men who were not his equals. On cross
| examination he said he had heard Dawes char
| acter discussed during the last two years.
! ALI Wilkes, short, chunky red-headcd man
OF s. years, narrated in clear voice and unem-
barrassed manner the details OF an alteration
| between Murphy and Dave which he witnessed
in front OF the Copper Chief saloon a week be.
| fore the shooting. He said both men were
| cursng each other and recollects Dave calling
| heard Murphy say: "Ptl, you know picked
! you out OF the gutter and made you what you
! are, and now, - you, want my pay"
After great deal more cursiug on both sides
Murphy turned to go, still talking, when Dave
| caught him by the coat collar and rubbed his
| fist in Murphys face, and cursed him. Muir
| ply said: That's all right Phil. you know
| how I'm fixed You wouldn't dare 90 this
| You know I'm under bonds on account of the
| old woman" On cross-examination By Mr.
| Mcbride, witness said the row began before he
| came up and he did not stay to see the las.
| OF II.
The defendant was next placed on the stand to
| testify in his own behalf. He narrated his ca.
| reer prior to coming 10 Seattle, as outlined by
| Mr.. Ronald the day before. He said be first me,
| Dave in Portland before coming here bu, did
| not become well acquainted with him He had
| always maintained friendly relations with Dave
| up TO week before the shooting He said Dave
| WAS a fighter. tough and hard man Dave
| had fought several prizefghts, the last one AT
| Black Diamond, being the longest then on record
| under Queensberry rules--over four hours. Wit
ness had never trained anybody Tor a prizs6eht
| Witness had made Dave angry several times bv
| abiding 10 a fight Dave had had in this civ
| with Charley DAVIS in 1877. He described that
| fight and his reasons for thinking that DAVE had
| killed Davis the same night and Dawes irritshjl.
| ity on tho subject, as Mr.. Ronald had stated IL
! beforehand. Il Used to Josh him about doipy
| that fellow up that night said he He then re-
! lated how McGrath had lett SO 10 his credit
| with Dave, told by McGrath As IN
| Dawes conduct toward him at this time
| he said phil used 10 be growing
| at me ell the time He seemed 20 think had
strings on all the fellows who used TO patronize
! har and that could pull them whichever
| way | wanted to. and he wanted me to throw
their patronage 10 bis saloon instead OF IN tina
| Fashion saloon HI then tod how ha WAS
| standing On the street one day when Dave CANA
Up aad deliberately tsod on his foot, threw his
| hand On his hip and laughed in his face 81
! MAS mad at the time, but quickly got over II
| and gave II ony passing thought was
! always suspicious of him and had enough senSa
! 10 keep my mouth shut Again he said He
| was always accusin: me OF knowing too much
| about him saG Charley. and he used 10 saw 10
| ne: You ve got too much tongue, anyrav -
IA Nr.-~.- FE.ar,e