The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-12-08
SEATTLE. THURSDAY. FEC. &.
THE MURPHY VERDICT.

ib1s so difficult to convict anybody of
murder IN this state, provided the accused
Is a white man and has any money or
friends, that we suppose this community
ought to feel grateful that the Jury did not
acquie James Murphy. who has been found
guilty OF murder in the second degree.
Murphy committed a most foul murder;
there was no evidence that he had any
proVocation that even palliated his fright
fui crime: there was no attack made upon
him that justified q resort to the
pistol. Murphy was a man made
moody and ugly IN temper hy
MS circumstances; he was a gambler
and a bad man generally out of luck in
consequence of his depraved habits. He
was In the habit of standing up his old
iriends among the saloonkeepers for his
drinks; he wore out his welcome as all
such bankrupt buns do, and the chilly
treatment he received made him srrly.
his steady drinking of alcohol doubtless
made him morbidiy morose and yindictiye
and in a fit Of alcoholic u~gliness he drew
his pistol and murdered Philip Dave be-
cause of some real or fancied cause of re-
sentiment.
No human being who read the evidence
believes that when Murphy murdered
DAVE he had the slightest cause for appre-
hension that Dave intended to assault
him. A brutal tempered. vindictive man.
made morbidly morose by steady drink
ing, Murphy murdered Dave. If there
ever was q murder the shooting of Dave
was murder, and the failure to convict
Murphy of murder was a miscarriage of
Justice. The provocation which reduces
killing from murder to ~mansIaughter must
be by blows. or at least by threatening
words and actions, indicating an imme-
diate purpose of carrying threats into ex-
ecution. The theory of the law is that III
man has received violence to his person. or
if he is threatened with immediate violence
and the person so threatening him is
about to infiot violence upon him, that he
is thrown into a frenzy of passion and
that reason is dethroned, and there be an
absence of all malice in the case, he NAV
be excused on the ground of the provoca.
ton he has received, and his act becomes
reduced from murder to that of man.
slaughter. The testimony of the witness
SStecs aiA - tAak III ndD
no provocation; he called for a drink, and
the moment that Dave turned away after
setting put ths drink Murphy instantly
shot him. 1t was a most foul, detestable.
wanton murder.
How far the alcohol that Murphy had
steadily used was responsible for rousinr
him to murderous resolve nobody can tell.
but he was sane enough to be responsible
for his crime. Ho was a brutal man. saw
age and morose in spirit because he was
in his luck, full of hate for those who
were tired of giving him charity drinks.
he was Il very bad. hrutal-tempered man.
saturated with poor alcohol; he carried a
gun: he felt like the Roman emneror
who wished the whole human race had hut
one neck SO that he could cut off its head
he hated Dave for some real or fancied
cause of resentment. and he reveneed
himself by shooting Dave TO death.
The Murphy type OF murderer, the bad
man," too poor to play. too lazy To work. |
thirsty without Il dime 10 get a drink. a
loaded gun in his pocket. is 4 familiar
shape all over the Northwest. Cowardfv.
bloody-minded, bankrupt hummer. of this
sort are common III mining own but
barkeepers are generally on the lookout
for them, and manage 10 shoot first. Muir
PHYS q brutal ruiian made morose bv in
temperance ANA i'll luck, and he commit
ted murder just rs recklessIy and heart |
Iessiy as an evicted tenan might honch
the cattle of the tenant that succeeded
him.
1t Is proper TO say that it is difficult 10
get policemen to testify To the truth when. |
As in the Murphy case. the mayer of the |
city, the head of the police department. |
" rs the leading counsel for the murderer. !
OF course. no policeman will prove 8 very |
good witress against = criminal when the |
mayor is the prisoners counsel Adecent |
of propriety would lead the mayor, /
10 long As he is head of the police depart !
ment. to refuse to be Of counsel in eases Ct
who's conviction depends largely
IN the full, free and impartial testimony
Of the police.
NJ