The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-02-19
1N)K ALL CHANCES.
rrrphy's objection to New
Trial Falls Through.
...v GET DEATH SENTENCE NOW.
,.,.oa. Csc Reopened by his Successful
Appeal-Anotner Columbia Lot
Case--Ness Suits.

rse sscon8 trial Of James Murphy for
- unraer G. Pail Dave July q. $50, was
s.~uu before Judge Hunes yesterday
f 100. The defense at once set ur the
-. Q. autrssois acGuii, holding that be-
..rxe tie accused had once been put on
B -. for murder IN the first degree and
.a.y.csed OF murder in the second degree
d g stood acquitted OF the crime laid sn the
4 ,>farma ton. TIE argument on this Ques-
h ran cansumea the entire morning and a
az. Of the afternoon. the defense citing
su.sorssies 20 show that the contention
us the Law IA nearly every state in the
susson--In fact. all but FIVE. The court.
kewever. held that in ASKING for q new
<..sl Murphy had subjected himself to q
resssring on the old charge. and that the
suprene court had remanded the case for
s. trial de move. Judge Humes takes the
B ams position as the supreme court Of
california-
y After deciding the question the court or
lsfes Clerk Hughes to call the jury, but
ss4 attorneys for the defense stated that
sAsir client objected to proceeding with
de trial.
mo doubt he objects" said the court.
but the proceedings will go on"
TIA defense took exceptions to the r,,I-
ms Of the court.
The examination Of Jurors consumed the
nnsinder OF the day and will be resumed
~ 80 this morning. Sixteen Jurors had
t<sn examined when the court adjourned
q follows: NJ. Bronson. F. III. RenIck. q
ceoaniss. J. q. Noii, J. w. Young r. r
wilson. A Lynes, T. c. Hopkins. n. A
Green. II. s. Turner, p. Stewart. A.
Tsndr, p. c. Shannon. J. r. Braheney. ].
4 Ellcoek. G. IL. Leighton. OF these the
6rst four were passed. Young and Snan-
non were excused because they had been
d the scene OF the crime Just after the
shooting. Wilson objected to hanging
aad was relieved from passing on the mer-
rs OF It's case. and ElIcook crested a
Ssneras laugh by explaining to the attor-
seys that he served on the former Jury
tkat convicted Murphy Of murder In the
second degree. The words we're no sooner
cat o. his mouth than Judge Humes called
eEi In his characteristic voice. stand
eside.'
During the proceedings Murphy sat back
quietly, taking a deep interest I'm what
sas going on, and frequently conversing
Nth his attorneys. Massrs. Ronald and
Piles, who defended him at the former
triai Murphy seemed In the least degree
nervous. and shifted about on his chair
% . uneasy. He IS passably dressed and
appears in good health.
The case for the state Is being conducted
by Prosecuting Attorney HASTE In person
And Deputy w. w. Wiltshire. This is Mr..
Hastis's FIRST case before Judge Humes
since his election.
The crime charged against Murphy was
eonmi.tsd In the Copper Chief saloon.
nsar the corner OF South Third and Wash
ingion streets. one bright, sunshiny after
nson two years and a half ago Dave. the
murdered man. was a barkeeper, and did
not wait on Murphy in a manner to suit
he latter. and was shot for refusing to
pat out certain private brand OF whisky
which Murphy intended to buy on credit
The verdict OF murder in the second de-
gree at the flrst trial was set aside and
The case remanded for new trial because
Of an irregularity IN the empaneling of
The jury. Murphy served some time in the
psa!sentiary, but was brought back TO the
King county jail under an order issued
August !. 1894.