The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-03-03
IR SANE SENTENCE
rphy Again Ordered to the
Penitentiary.
10y ACCUSED Or MISCONDUCT.
g. Wm Appeal A&nin = Krug Has
r.,iee TO Perfect His Appeal
fourt Sofes-TrfAl CsIendar.

|ss Murphy. the convicted murderer
~ "a J. Dave, was yesterday sentenced
~ Judxe Humes TO fifteen years tm3ris-
8 s<11azf IN the penitentiary. the same term
- him UPON the former conviction
= proceedings In the court room were
- over. After overruIsng q motion
8 - new trial, the court asked Murphy
& - had any legal reason 10 offer why
esnce should not Be pronounced The
urer, who maintained his composure
ughout the scene. answered that he
not. Dir. Ronald. his attorney, here
g and asked Tor . short sentence. In
q OF the fact that Murphy had al
Is ~ been In the penitentiary and served
81 nj OF the first sentence. and also that
uas now an old man and any term.
2.eever short. almost necessarily meant
q : Imprisonment Judge Humes then Inn
3zrpnAa the sentence, confsning his remarks
- the fact of conviction. He spoke. Il
S1ened, the fewcst words possible under
= circumstances.
Ii support OF the motion for = new
h3ai Murphys attorneys tntroduced an
nndAvlt to the effect that the jury. DUR
So the 42-hour session before arriving ct
vsrdict. had been guilty of misconduct
!. d i claimed that they were allowed to
fave playing cards In the room. and
1bst Instead OF deliberating upon their
yprdict they played whist. pedro and
cher games. Murphy claimed further
1hat he was greatly prejud.ced by the
1oart requiring h'H to be put upon trial
~ murder In the FIRST degree after he
ID been by a forme. verdict duly and
pawulariy acquitted. The jurymen, he
oays, for thirty -four hours after being
epas out stood four for acquittai. four
1er murder In tbs first degree and four
1br guilty Of crime In an intermediate
1egree. and during the thirty four hours
there was practically little change In the
handing OF the jury: that the verdict OF
murder IN the second degree was COM
promise and would not have been rem
Jared had he not been put upon trial
tbr murder in the first degree. The four
Rrors who stood for acquittal never
0euld have voted for the verdict rem
tered or for any clina whatever. uniess
he seur In favor OF . verdict In the first
legree had agreed TO the couspsomiss In
erder 10 prevent a mistriai.
Referring TO the testimony Of George
E Gordon. reputsd to be the only eye
Witness OF the shooting. the afildavit
eEaies that q majority OF the jury believe
Nat Gordon was not In the saiosn at
DE time but on the sidewalk, and there
bra could not have seen thestragedy en-
acted. It In stated also that the verdict
oas rendered. not upon the testimony OF
cordon. but Of Detective Edward Cudihes
"a Melvin q. Wtnstock. who testified
native to statements made by Murphy
nnon after hts arrest. when the convicted
- insisted that the ofFicers were mis-
okan Murphy acknowledges the truth
4 he statement. but says he took that
nsSxs Of evading the officers until he
sau,d - an attorney. To fad the YER
tset mn such testimony. the afslda-.t de-
eArss, = ,otaiiy In disregard OF the tn
ozuesiom Of the court.
UntH the sentence on the first trial
xnrpk7 was sent to the penitentiary Jan
M Il 1888. and remained there until
AsTuss %, 1884. when he was brought
naek to the King county Jail under the
Euars Of the supreme court granting a
p<w trial. The only advantage he can
saia from the new trial IL to get the
verdict again reversed and the case re-
Esndei on the plea Of former jeopardy.
xctice Of appeal has not yet been given.
bus Mr.. Ronaid's last words to his client
we're: BE OF good cheer. The sentence
NJ not stand