Los Angeles herald., 1892-11-05
MURPHYS RECORD IN COURT,
An Alleged Counterfeiter in a
Bad Light.
Poisoned Sheep Cause Curious
Damage Suit.
Yesterdays Happenings in the Various
Trlbunals-New Cases Filed.
Court Notes and Minor
Matters.

James III. Murphy was paralyzed by
United States District Attorney Allen
yesterday afternoon, in the United
States district court.
1t was caused by just two or three
little questions put by Mr.. Allen when
he bad Murphy under cross-examina-
tion.
Murphy squirmed and twisted under
the torture, but it did him no good, and
he was obliged to answer questions that
will probably have much influence in
his case.
He is on trial, the second trial, charged
with passing eight counterfeit silver dol
lars at Fresno flats last year. His first
trial was only few weeks ago, and upon
find to their satisfaction that he had
committed the crime. twill be remem-
bered that Murphy was tried twice at
Fresno upon the charge of having mur-
dered his partner, Mckay, near Fresno
flats, and that the jury disagreed on the
first trial and acquitted him on the Sec
ond. Mckay was killed by Murphy,
who pleaded that the shooting was acci
dental, and was successful in convincing
the jury to that effect.
Since his trial few weeks ago on the
charge of passing counterfeit silver dol
| lars the government has not been idle,
| and there was some new testimony yes
| terday which was very bad for the de-
| fendant.
In the main the testimony was the
same as upon the former trial. Wit
nesses were examined who said that
Murphy was in Fresno fats on the day
and night the counterfeit money was
passed; that he spent several dollars in
saloons, and amongst the money he
spent were several counterfeit dollars.
He played in poker game, and his
movements that day and night were
presented in comprehensive manner.
A young girl was introduced, an en-
tirely new witness, who lived at the
house where Murphy and Mckay lived
before the latter's death. She testified
that she saw them melting and pouring
lead one night into moulds in their
| rooms.
Murphy's defense was substantially
as at the former trial, that he did not
pass any counterfeit money, knowing it
to be such. If he had any such money
he did not know it. He is very self
possessed and smooth talker, and
makes good impression on his direct
examination by mis- counsel, Mr.. Dunlap.
Mr.. Allen first questioned the defend
years, asking him where he had lived
replied glibly that he had lived in
Idaho before coming to California and
been through several of the western
states, had followed the stock business
and anything he could find to make an
honest living. But he could not re-
member any one he had work ed for.
Suddenly Mr.. Allen asked:
Murphy, do you know man named
James A. Crossman?"
Murphy turned color and said, 81
don't remember"
"Were you not with Crossman,"
pumped out the district attorney, tried
before military court martial at Van
couver barracks in 1885 and convicted of
the highway robbery of a Chinaman,
and did you not serve three years SEN
tence at the Salem, Oregon, penitsntiary
for that crime?''
Mr.. Dunlap jumped to his feet and
strenuously objected to the question.
He was taken by surprise, he said, and
it was not fair to allow the question to
be answered. After some discussion
the objection was overruled. Murphy
appealed to the court, and said that he
did not want to answer question that
tended to incriminate him.
The court quietly remarked that he
could not be punished again, and COM
PEELED him to answer.
"Yes, was convicted of a crime did
not commit" said the prisoner.
"Murphy," mercilessly continued tine
district attorney, "were you not in 1888
convicted in San Francisco of petit lar.
ceny and served six months there, your
sentence for that crime ?"
Murphy equirmed again, but was
obliged to admit the'truth of the ques-
ton.
Mr.. Allen then produced slip from
the San Francisco county authorities on
which was pinned photograph of the
prisoner, No. 9299. and Murphy admit
ted that it was his photograph.
This closed the case, and, it being late,
Mr.. Allen had only finished his argu-
ment for the prosecution when court
adjourned until this morning, when the
arguments will be concluded.