The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-03-31
SOME DISCREPANCY NOTED
Murphy's Witnesses at Lafayette Do
Not All Tell the Same Story.
Made the Holes in the Clothing of the
x-Priest-Statement of the Defense.
Special to the Indianapolis Journal.

special TO the Indianapolis Journal
LAFAYETTE. Ind, March 30-The de-
Tense in the Murphy case has been hurry
ing things through to-day. Several wit
nesses have testified that Murphy was in
the throng in the aisle that was crowding
out of the house. and some have placed him
entirely outside of the building, while the
shooting was still In progress on the inside.
James Schooler testified that Murphy, in
his scramble to get out. pushed the witness
over a seat, and that was why he remem-
bered that Murphy was in the
crowd going out. Schooler also saw
pistol-flash down in section Z
after Murphy passed him or the
way out. Kumlcr. for the defense. ex-
hibited the shirts worn by Rudolph on the
night of the shooting and placed Frederick
Erb. jr., the noted trap shot, on the stand
as an expert to testify as to whether the
holes in these shirts were made by bullets.
Erb said positively they were not He
also contradioted DR.. Shilrs statement for
the State. that the bullet passing through
Rudolph's stiffly starched shirt bosom left
lead marks. Erb said such q thing would
not occur. DR.. Washburn testified that the
hole in the linen shirt bosom was not made
by bullet. He was not certain about the
hole in the undershirt. That might have
been. Both shirts have been Iaundried
two or three times since the shooting.
On the assembling of court this NOR nlng
Frank b. Moore, one of the States chief
witnesses, was asked IT he did not, during
recent examination before the police
committee of this city. testify that on the
night of the riot Peter J. Clark was the
only person he sew at the opera house with
q revolver In his hand. Moore replied that
he did not remember that he did. Kumler,
for the defense. asked Moore If at the same
member of the A. p. A. Prosecutor Wood
objected and Judge Lsngdon sustained the
objection Moore testified to seeing Mnr.
ply shoot, and in bis examination last
Monday also testified that he was charter
mem Der OF the A. p. A.
Hon. A. l.. Kumler, for the defendants,
Murphy. then presented the defense's state
ment to the jury; He said: There will be
no dispute or denial upon the part Of the
defense that there was riot at the opera
house on the night of Jan. &c; NO denial
that pistol shots were fired on that oc-
casion. The main question in dispute and
who fired these shots~ We will maintain
that Murphy fired no shot whatever that
night. We will show that this defendan
had no part In what has been deDomlnated
the conspiracy. On the night of the riot. it
ing was going on. that Murphy did not
leave his seat and go down toward the
stage as testified TO by several witnesses
and there fire pistol shot: that when the
phy got up and was carried out
of the opera house along with the
crowd of people who were surging TO get
out; that he did not engage ID any riotous
proceedings whatever: that he went to the
opera house as a peaceable citizen. out of
curiosity. as did hundreds of others.
Mr.. kumler then offered to introduce in
evidence a copy of the Patriotic American,
of Detroit, of Feb. 4. which contained an
account of this riot. from the pen of
Rudolph. Wood, for the State, said they
wanted time to examine the paper. and the
court made no ruling at that time as to
whether or not he would let the paper in.
Louis A. Heinz. railroad en- ngineer. was the
in company with Murphy and Reise he
was at Murphy's place. and Murphy sug-
gested that they 90 to the opera house.
and the three went. Heintz wanted to buy
the tickets, but Murphy said he had the
change, and secured the tickets. lie said
ali went into the gallery, but came down
because there were no seats there and
Murphy finally founG seat in Secton T.
Seat 81. There was vacant seat in the
row, and the occupants moved along. 40
Murphy could SIT down. Heinz and Reise
found seats at the rear of the room. on
little platform. Heinz said he could
see Murphy all the time. and
that he did not leave his sea
until the shooting began. and then, when
the crowd was surging toward the door
Heinz said he looked around and saw Mnr.
ply close behind. being carried toward the
door by the crowd. On cross-examination
by Prosecutor Wood. Heinz said John
Graves at no time asked Murphy or his
companions to be seated in the gallery.
In answer TO Woods question as to how the
three could 90 In the main part of the hou SO
without paying additional cost, there be-
ing difference in the price up
stairs and down, Heinz said they Just
walked in. Heinz said from his position
he could not Rudolph on the stage,
or the men with him. He saw Murphy,
about 9:45 o'clock. at the saloon, that same
night