St. Paul daily globe., 1896-03-07


terrogated regarding his pleading
guilty to former indictment for keep
ing a disorderly house. Witness said
he had not so pleaded He admitted
having been indicted, but had reluct-
antly agreed to the prearranged dis
posal which had at the time been made
of his own and similar cases.
Mr.. Butler, in rebuttal, asked Mrs.
Root what time of night Helen Craig
was dragged out of the Murphy place,
ana she said it was about IL o'clock
Officer Joe Davis was called. 1t was
proposed to show by his testimony the
character of the people who frequented
Murphy's place. Mr.. Johns objected,
on the grounds that Davis had not
been excluded from the court room
with the other witnesses. After a dis
cussion of the point by both attorneys.
during which Johns severely scored
Davis as last desperate resort in
cases of the kind now on trial, Judge
Orr permitted the witness to answer
the question of the prosecuting attor-
ney.
Davis said he knew Mary Sullivan.
He gave her and Helen Craig not very
good characters.
THE state rests" said Mr. Butler.
The defense also rests" said Attor-
ney Johns
FolloWlng a HVe-minute recess At
toreny Johns began summing up for the
defense. Beginning with the first Incl
dents OF the case, Mr.. Johns passed
rapidly to the testimony of Mrs. Root
and her associate, Mrs. Murphy.
Wholly unsparing in both manner and
language, he attacked their recitals on
the witness stand and dwelt upon the
impossibility of the actions which they
claimed to have witnessed in his eli
ent'S place.
I'VE have heard the testimony of
these people, said he, "given after
having been subjected to the extrava-
gancies of imagination and the skill
OF artists in acting their parts. Mrs.
Root has testified to having heard vile
propositions and lewd language. What
was it she heard? She heard some one
say, o, come out and you are asked
to construe this remark into an i'm
moral proposition. The story of Mrs.
Root IS not sufficient. We are regaled
by the story of another witness, with
portrayal Of vice and depraved actions
Which would not be believed by the
most abandoned persons"
Then, in painfully plain language,
Attorney Johns repeated Mrs. Muir
phys story of what she had claimed
fute it, bit by bit, as wholly improb-
able and entirely impossible, branding
1t as the most unlikely of any recital
ever heard in court ROOM"
Mr.. Johns then reviewed the testi-
mony OF OBrien and the Craig woman,
claiming it wholly worthy of credence.
The TACT that woman had been seen
in Murphy's place in a low-neck dress
Mr.. Johns considered no breach Of the
law, nor did he think Murphy should
De held responsible for the Woman's
style of dress. eff this defendant is
to be convicted because a woman ap-
peared in his place in full dress,'' said
he, the rule should be generally ap-
piled in other quarters"
Coming down to the question of pro-
prietorship, Mr.. Johns claimed that,
in the face of intimidation, Grannagh
has sworn to owning and operating the
restaurant and adjoining stalls.
If this, then, is So, the defendant.
Murphy, is not amenable under the
law; nor is he responsible because he
sublets the building for the acts which
take place therein. There are but two
alternatives in this case. Either the
restaurant, where the alleged disor-
derly acts have taken place Is Muir
phys or it is Grannagh's. do not be-
lieve, particularly under the circum-
stances that Grannagh would lie, and
he has testified to be the proprietor.
III. Il.
Murphy cannot be held responsible"
Thanking the jury for their atten-
tion, Mr.. Johns gave way to Prosecut-
ing Attorney Butler Mr.. Butler oc-
cupied but a short time in his address,
but he took enough Of it to accord Muir
ply and his place a severe arraign-
ment. Either" said he, 81 am rad
lcally wrong in my conception of the
morality and decency which should
q al Pow. f1,,n
defense is wholly wrong in every state
ment he has made. 1 am here a mere
furctionary to perform the duties
placed upon me by statute. I am
here to prosecute this case according
to law and my convictions
Referring to Mr.. Johns treatment of
the complainant and witnesses, Mr..
Butler entered a strong defense for
the actions, saying if the proper Of
ficers had taken no cognizance of the
proceedings at Murphy's, it was
blessing to the community that such
people as Mrs. Root and her associates
had undertaken to close up the place.
(which of you," addressing the ju-
ry, living in the decency and purity
of your family, ever dreamed of such
things existing in the heart of this
community? l have never heard the
like in any court. We are told Mr.. Muir
ply is an alderman. What if he is?
If he were the president of the United
States, would we not have the right to
prosecute him if he were guilty of the
misdemeanor charged in this COM
plant? 1t stands admitted that he
paid the rent of this place. He owns
the furnishings, and conducts the sale
of liquors taking place in it, Not only
has he sold liquors at all hours and
all times, contrary to the law, but he
has sold them in the bath rooms, in
another building. He says himself that
he established the restaurant himself
to aid his business.
''Mrs. Root visited the place one
Wednesday. She found terrible state
of degradation. She and her associ-
ates visited the place again one Sun
day evening. Did they find the eXpe-
riences Of their first visit were excep-
tional? No. They found even worse
state of affairs"
Mr.. Butler here explained that the
revolving parts of the testimony had
not been introduced by him, but had
been dragged in by the defense in
hopes of discrediting statements of
prosecuting witnesses.
"On their second visit" said the
prosecuting attorney, taking up his in
terrupted narrative, "the conditions
were of the most depraved; men swear
ing and using the vilest language.
while women sat by smoking and
drinking. l say, upon the facts pre-
sented, that this place is disorderly
house, and that every day it runs it
violates every commandment of the
decalogue.
II denounce the place as ruinous to
children, and breeding damnation, as
said by Mrs. Edholm, to those con-
nected with it.
''We do not desire penal servitude
for this defendant. We do not wish
him harm. We wish to do him good.
Testimony has been introduced to show
that Mr.. Murphy is a good man.
What if he is? 1t is not the man but
rAIo