The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-02-16
IDR[TNKARD DEFINED
- Jury Finds That John Mur'
ply Is Not One.
..ra,aces uMMADE ~ COURT.
- yoe Allowed to Remain Riley
-, Assignee Damage Suit for
Pail From . Train.

-. uurrsny Is not drunkayd ana Is
q ...epasae OF attending TO his own af-
-. e,na tsse effort TO have . guardian
ss---s..Aa for him came to aaugszt IN
~. r,~soruss court yesterday when the
- d. the jury 70 whom the question
- s..~o stas,uastte1 was read The ma
- posas OF the controversy, a. enspha~
80 fyv JUICE OsboEE, Was not 50 much
- ..a-xs OF Drunkenness as OF tack
s. ....tresx capacity, the court saying that
IS. ...n might be drunk ali the time and
- s. abe 10 attend 20 bis own affairs
- urcsecuiion failed to show that As,r-
81, ~.s incompetent On the contrary IL
81. snavn shss ne had sound business
~~uref5an and had the confidence on two
8 = largest creditors They proved too
-. snsd the attorney for the defense.
swbv. when Murphy was married, both
81 end his wife were penniaess. and Il
-, shown VI court that he now has prop
~ uhsch IN good times would be worth
q last szs.ooo."
~ case was submitted to the jury on
Ex.u aasssbone: Cd Il John Murphy an
s.bxual drunkssd? tz) Is he tncapabae OF
.rersa.ng 10 his own affasrs? In his IN
ss,uetsons 20 the jury Judge Osborn said:
~rsrss case is submitted TO you for sep
] LIZ dndnga You are not only asked
4 :. f,nd tasas said John Murphy IS an habit
81 drunxard under the definitions hereto
~ Given. bat you must also md. from
- evidence, by a prsponderance OF the
sssae1ce. that said John Murphy In conse-
Of being such an habitsai drunk
a Is Of such unsoundness OF mind as to
- tscapabIs OF conducting his own az
Enaa
every person fs presumed by law to be
nani mind AMI discretion; Of sober
an5ass and capable of tranxactlng mia
1.kness, which presumption. IN order TO
4 eGFjct, must be overcome by evidence
nnbis&ang the converse thereof beyond
4 reasonable doubt
sfzs word drunkard means q person
xhose habit In TO drink excessive quanti-
is III intoxicating liquors.
'sTshe word habituai means existing a.
! habit or q fixed condition. customary,
uuai. regular.
sAa habltuai drunkard, then. would
Il 1
~ regular habit Is TO drink excessive
enantities of intoxicating liquors. and a
fsrxon Is drunk in a legal sesise when
y 10 50 far under the influence OF In
haicsflng liquor that his passions are Wis.,
~ excited or his Judgment impaired by
II liquor.
ccasionai acts OF drunkenness are
~ enough. and In order TO convict a
Dxzen of habitual drunkenness 1t Il nee
nnry for the complainant TO prove by pre-
1usdsrsnce OF tho evidence that the per-
"a accused has a regular. fixed habit OF
1tnttng excessive quantities OF intoxi-
ling liquors. and that by reason OF the
aking or tho said excessive quantities
q Intoxicating liquors HIS passions are
yl&hly excited and his Judgment impaired
I'd bis power Of iocomotion enfeebied."
10 each of the interrogatortes the jury
eAeSefed In the negative thus vindicat-
~ the veteran butcher. A motion for a
~ trial OF the case was filed yesterday.
~ 4 II thought that the matter has
SIS anaiiy determined.
ne testimony in the case revealed an
hisFesting bit OF family history. Murphy
uas married when hs was IL and Mrs.
Mnr2ay under H. and they have had nine
eldren all Of whom but one are living.
-. Murphy is row Il sears old. while
- aldas, son, Arthur. is 30: that Is. the
Rthsf Is only seventeen years the senior
q " son. In appearance be Is vigorous
- asalshy, and bids fair to live many
bug Day set. Notwithstanding he has a
~ reasly as old as himself.