The record-union., 1893-09-29
M'EVOT'S BROKEN NECK.
Dell Murphy VIII Not be Placed on
Trial Therefor.
Witness Ryan Swore Murphy Hit the
Deceased, But the Court Dis
charged Murphy.

The examination of Dell Murphy on
the charge of numbering man named
McEvoy in the saloon of John Norton on
September 10th, was held in the Police
Court yesterday afternoon.
John Ryan testified, as he had at the
Coroner's inquest, that he was in the sa-
loon that morning with two others and
saw the deceased and Murphy wrang-
ling. Deceased called Murphy vile
name and Murphy told him to 90 away
and not bother him. He persisted, how
ever, and called Murphy the name sec
ond time and Murphy hit him on the
neck. As Murphy struck, the man
turned partly round, so that the blow fell
on the back of his neck and he fell on his
face. Witness and his friends, not know
ing that the man was seriously injured,
went out. Some time afterward they
heard man had been killed in Norton's
saloon, and he said to them, That must
be the man Murphy hit" His friends
names were Blodgett and Fulberson.
L. G.. Hart, attorney for tue defense,
cross-examined him at great length, but
he did not vary in any material point
from his testimony.
DR.. G.. a. White testified to making an
autopsy and finding some small abrasIons
and that the muscles OF the back OF the
neck were confused and the neck dlslO-
Gated. 1t was possible that the confusion
and dislocation were produced by blow.
The dislocation was forward and indlca-
ted blow from behind, rather than
fall. A possible combination OF circum-
stances indicated by question OF Judge
Buckley's. he said might have produced
the result by fall
The defense introduced eX-Sheriff Stan
ley, Michael Fay, officer Alter and others
to testify that Ryan's character for truth
and yeracity was bad.
H. l.. Dillman also testified that he
would not believe Ryan under oath, and
that the reputation OF Murphy for peace
and quietness was good. lie had never
known of his fighting, and did not know
that he had been a priZe-hg ghter.
John Norton, r. Singleton, Barthol-
emew Lucey and +. Burns testified to his
peaceable disposition.
J. L. Prendergast swore that he was
tending bar at NortOn's saloon on the
morning in question. The deceased came
in, and when Murphy went into the rear
room deceased followed him, opening the
door and leaving it open. Witness was
reading and paid no attention. He heard
no quarrel, and the only thing he heard
was noise as of some one falling. He
went into the room, and he and Murphy
picked deceased up and sat him in a chair.
Murphy was rubbing his hand, and said
deceased had falle IN Mt or something.
John Norton came III while afterwards.
When deceased was put i'll the chair his
head fell forward and be bled at the nose
He was positive there was no quarrel.
When Murphy came i'll he went straight
through the saloon into the back room
without speaking. When deceased came
in he was quite drunk and staggered.
The door leading from the back room
into the rear room was shut, while that
leading into the Dar-rOom was left open
by the deceased.
G.. II. Moore testified that he was a sa-
loon-keeper in Placer County formerly.
He was in Norton's saloon that morning
reading ii paper. There was no one there
except himself and Pendergast. Murphy
came in and passed through. He went to
the water-closet and when he came back
saw Murphy lifting a man, whom he sup
posed to be drunk, into chair. He went
hack into the barroom and met John
Norton coming in the front door. He
heard no quarrel and heard no one fall.
He had been doing nothing for some
months, but some times went on watch
at John Norton's.
John Norton swore that he came down
that morning about II O'Clock and found
Murphy, Pendergast and Moore there.
There was no one else there except the
dead man. Murphy was standing at the
bar. and Pendergast told hlm there was
guy in the rear room in Ill. He sent
Murphy for doctor.
Del Murphy testified that he had for
some years been in the saloon business
and arkeeping. He had never had a
prize fight, been engaged in prize-fight-
ing or had street fight. He had given
boxing exhibitions. He had been at
RhOads' place that morning and got some
grease on his hands: when he went TO
Norton's he went in the back room to
wash his hands. The deceased came in
and went to lie down. Witness told him
that he had better not lie down there and
the man got up 10 go out. There was a
step between the rooms, and the man,
who was drunk. stumbled and fell very
hard against the door. Witness had no
idea that he was badly hurt and picked
him up and put him in a chair He went
to the bar to get some brandy, and as
Norton came in then he told him there
was a sick man in the back room. De-
ceased fell against the side of the door
way so that his nose and left cheek struck
the door name.
City Attorney Post made a few re-
marks, saying that the witness Ryan had
told probable, and he believed, a truth
full story. 1t is one that the physical facts
could not have occurred IN the way the
defense states. lie 1elt justified in ask
ing that Murphy be held on some charge
connecting him with the death OF de-
ceased.
Attorney Hart said that he had full con-
tidence in and respect for DR.. Whites
surgical knowledge, but he did not see
how any one, however scientific, could
say that such an accident could not occur.
An eminent surgeon at the inquest one
night ago said he could not conceive how
the injury which killed man at the Mint |
Restaurant, few nights ago, could have !
been made except by sharp instrument, |
and yet it was proved by reputable wit |
nesses that 1t was from a blow OF the fist. |
He spoke of the evidence in Murphy's |
favor and that against Ryan.
The court stated that if jury were try
ing the case, in order to convict, they
would have to believe that Ryan's testi-
mony is true and that Murphy, being
abused, struck the deceased and killed
him. He reviewed the testimony on
both sides. He cited well known in
stance to prove that surgeons theories
are not always correct, and thought that
the circumstances were not strong
enough to warrant him in holding the
defendant, and he therefore ordered him
discharged.