The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-02-20
FILLING OF DAVE
4he Only Eye Witness Tells
How Murphy Did It
e1JxR ouAaRELs PRECEDED.
A M Gefting = Jury-MyrtIe Mstson
nefurned 90 Her Fsfher-suit
for Marine Insurance..

:sss 4 was not taIi late In the afternoon
f~eS1ny that jury Was secured Tor
s - eecoad triad Of JaEses Murphy Tor
SIS - murder OF Phiitp DAVE. but BY
seistng q night session Judge Hunes
49, considerable progress In the hear
IS g testimony. Gordon. the only eye
900 Of the shooting. was the prtn-
35s - witness. and he tod q graphic
81 - OF the several quarreis which led
10 the tragedy and OF tass fatal
TX.
I'd { o'clock the following Jury Was
ruia...y iuzpaneaei and sworn. c. NJ.
h .ssrhtora. r. Ii. Renfss. s. #. COMBS.
q G. Young. ]. n. BE.ahesssSs, A.
- q Edwards. W. e. Ham, II. s. Turner.
il w. Meise. 81. A. Green, Conrad Gep-
.4srt. W, l.. whiftesncrs.
xef,re the twelve men who VIII pass
$50 Murphyss life had been ifapaa-
"a the state exercised six peremptory
<falienxea, a. follows: ~ Windt, A. T..
srnyuer. T. o. Lindsay. J. b. Noll. r.
:. ouixsey ard W. L. Meredith Coun-
- Tor the accused exercised nine per-
emptory challenges. - follows. A. j.
Fnrtef. II. Keeiey, T. c. Hopkins. NJ.
Bronson. John Booth. Alfred Cade. A.
d Miller. p. Stewart. j. Kelly. Before
e Jury Bas finally tnspaneied an open
senire for fifteen jurors was issued.
the statement OF the case To the jury
rs made by Deputy Prosecuting At
eorpey Wiltshire, who occupied three
auarterw of an hour. He closed shortly
hsfore s O'Clock, and the state at once
pnt DR.. Horton. formerly coroner. on
the stand as the first witness. DIR.
Hu<sca told Of the dead mans wounds,
I Illustrating by means OF n human skull
hza<iezi 10 him by Mr.. Wiltshire. saying
that Dave must have been instantly
killed The witness also gave expert
testimony as 10 gunshot wounds and
powier burns. embodying In his state
nsents tho results OF experiments with
zG~callber revolver and rife OF the
oause size. The former. he said, would
dightly biacken a cloth at 1--WE and
ene-half feet and the latter at six and
on<-half feet
at $40 the court ordered recess TIL
40 .. IN
Or. Horton, In resumfng has testi-
mDny. said ne was not certain what at
titude she Diseased was In from the
POSITION OF the wound. Death was
esnsed by paralysis. superfnduced by .
fansllot wound.
Or. Laughary. physician OF the state
lame asylum at Steilacoon1. testified
4kat a powder burn from a 4l-calzber
espolver could be noticeable at dis
t1nee Of i've feet. and that the powder
4 barn was caused by the use Of inferior
powder.
0suxe II. Gordon. the only eye-wit-
nen q ahe homicide. was next called,
sne sisted that he had been a resident
Of Seattle for the past fifteen years and
had also known Phil Dave for about
kfzsen yeas. He worked for Dave for
: shezt TINE befpre the shooting. He
~ Murphy drinking In Dawes saloon
esvasl times. Murphy was'in the habit
" canning In three Or four times every
morntng and asking FOR cocktail. One
mprnsng several weeks before the
ehcoting he came into the saloon while
witness was there and asked for q cock
NIL whereupon Dave said: Take
Straight whisky. / am tired OF max
frs corktails." Murphy got angry at
oncs ard told DAVE that ne could keep
~ whisky. and that he (Afurphy) and
s. ~ friends would boycott the place.
He ss;ea walked out ana wasn't seen
the saloon agrfn uatii several days
otose the shoctings About seven or
NEAt days after this occurrence Dave
~ Murphy and. asked him why he
tept people away from his sstoon and
4urrhy said because he said no would.
md that ne intended to do so In slre
future. The two nen had words and
ttxsI
saaaed his hands on his pocket and
aid; Il have got a dollar" 20 which
DAVE replied: Yes: you got 1t from
Jour mistress"
Witness said he did not see Murphy
again until the day previous IN the
thoossng. when he came In the back
aocs OF the saloon. walked up 10 the
uaT, threw 10 cents down on the counter
ard asked for brandy. which was given
am. and he walked out without saying
word. He did not see Murphy AGAR,
unsil about O'clock I'm the afternoon Of
July >. the day OF the shooting. In
seye's saicon Witness and Dave
were IN the saloon alone, Dave being
eeasnd the bar. Murphy came I'm by
she back door. walked up 10 the haY.
ana Ihrefs 80 cents on the bar, asking
sT sciie brandy, DAVE turned around
sna Placed the brandy bottle ard a
Eass before Murphy. who Deliberately
paaied his pistol out OF his pocket and
sass Dave under the right eye. Dave
Tee IN his tracks and Murphy put hts
ps'os back in his pocket and walked
s 70 me front door and looked down the
street lie then came back end ,spa,rs~i
sas glass or brandy. whi.h he drank.
tAeSs asked Murphy why he shot
aawe and Was answered: What In
nssi IS thar 70 yIag" ar the same t4Yl.
uYking q movement 70 draw his psStss
"Eness jumped hack and Murphy
Nst osit the door and down the street
= the direction Of the wMer front
witness taien gave the alarm ard rvsn
.-Aek sato the saloon. and. bending over
uawes asked him TO speak. Tho only
ssh OF life lea was a slight open
3 sssNessss;st 81 the eye,las.
Witness drew a rough sketch OF the
iateEscr ~ Dawes SAXON ard showed
sae relative Positions - himself. DAVE
saz
hafias GoTStoe's testimony Murphy
~ t'ssns with a fsec-e OF patr~s. and
~ anxious chances ~ the fury. AZ
- es''sesslSsoa o< che testimony Murphy
rs eyes o. G,Nrfcn ard raAreS. n
~ Sssssi ae pissed our OF sssht.
ssSi1Ve Csidihee. the next witness.
80 q TIE arrest ~ Murphy en- Wash
- go street Or the way un 20 the