The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1899-11-29

his heart 10 kill Fred Murphy Bought the
revolver that week to protect himself.
In cross examination by w A. Lord
] Monday evening, DOheTty testified that he
never had any words with Murphy until
| one night The week Of the shooting, when
| he found Murphy In his room looking for
his paper. Up TO that time had been az
! good friends with Murphy ~ with any man
on the Job This was the Wednesday night
before the shooting Saturday Muir by told
him Thursday morning, while down on the
| job, that If he (Doherty) tried to put him
! out of his room he would kill him Did not
| have Murphy in mind nor any one else in
particular when he bought the revolver At
| Waterbury Friday evening. Did not buy
a revolver to shoot Fred Murphy. The re-
| volver and box of cartridges that were
| found on his person the night he was ar
rested were the same he purchased at
! Waterbury the Friday night previous.
After describing to the jury how Murphy
| stood and how he held the revolver at the
time Of the shooting, he testified that he
had no ecollection Of shooting Murphy
Francis l., Burnham OF Lowell, Mass,
was next called. Had known respondent
Doherty since 1892. Witness was manager
for Contractor Ward at the Bolton Falls
dam when Doherty worked there. few
days before the shooting Dohe1ty had talk
ed with him about giving up his job and
going away. Said he was afraid OF Fred
Murphy, who had made threats against his
life, and he was afraid he would kill him.
Mrs. j r Pixley was recalled for the de
fence. She testified that Doherty was not
very well at the time of the shooting. He
had a bad ankle, his right lung troubled
him and he had a bad cough. Mr.. Pixley
testified in similar strain.
Jerry McCarty was recalled this morning
by the defence. Regarding the newspaper
incident already testified to, McCarty tesli-
fled that Murphy said he would 20 into
Doherty's room in spite of Doherty Muir
ply said DChsrty was making too much
talk about him and he would make him
keep his mouth shut. During the week of
he shooting Doberty had a bad cough and
a sore leg. Murphy was the stronger man
OF the two.
Con Daley recalled. He corroborated
McCarty's statement regarding the news
paper incident On another occasion Muir
ply said in the presence of the witness that
he could whip Doherty, and he would show
the witness that he could do it. Dol Q ty
coughed badly at night and was lame He
also had rheumatism in the chest. Murphy
was the larger and stronger man.
Andrew Buckley of Newburyport, Mass,
was the next witness for the defence. On
the day of the shooting Murphy told him he
was going to "do' Doherty. Witness told
Doherty what Murphy had said. The tes-
timony of former witnesses regarding the
comparative physical condition of the two
men was corroborated.
This closed the evidence for the defence
Elmer j, Coffrin was called in rebuttal
He denied that Murphy ever said to Buck
ley he would "do" Doherty. This closed
the evidence.
The opening argument for the State was
made by States Attorney Hoar. By agree
ment between counsel and the court, each
side was allowed three hours for argument.
Mr. Hoar first stated to the jury that they
had been called upon to perform the most
solemn duty that falls to the lot OF man, to
decide case in which a human life is in
volved. Mr.. Hoar read Jerry McCarty's
and Jerry Lyman's testimony to show the
ugly feeling Doherty had toward Murphy,
and that Doherty had no fear Of Murphy.
Mr.. Hoar also eviewed the most important
testimony for the State, which from the
standpoint of the prosecution tends to show
premeditated murder. He emphasized the
fact that no evidence had been introduced
showing Murphy az the aggressor.
Mr.. Hoar reviewed in detail the evidence
given by j. e. Pixley, as tending to show
that on the night of the shooting Doherty
was the aggressor and was not afraid of
Murphy as he had testified. In closing he
emphasized the hostility that existed be-
tween these two men, that through all the
trouble that led up to the tragedy Doherty
was the man who began any quarrels that
took place between them. Donerty's testi-
mony in his own defence also came in for a
share of Mr. Hoar's attention, especially his
statements that he was afraid Of Murphy.
During the arguments this afternoon the
court room was filled 10 its utmost capacity.
Among the crowd were large number of
women.
Following the exhaustive argument of
States Attorney Hoar, e H Deavitt calmly
| reviewed the evidence from the standpoint
of the defence He called the attention of
the jnry TO the fact that the Indictment
charges the respondent with two degrees of
murder, fact which should be carefully
weighed
Mr. Deavitt defined the different degrees
OF murder, laying particular stress upon the
| premeditation that must be found by the
| evidence in the case to warrant verdict OF
murder in the first degree. He stated that
the theory of the defence is that the re.
spondent is not guilty OF murder, because
he acted in selfdefence. He denied that
the respondent was the aggressor in the
troubles that existed between Doherty and
| Murphy before the day of the tragedy, as
claimed by the State, and argued that the
workmen who helped on the feud between
DOherty and Murphy were as guilty as
were the participants themselves. Mr.
Deavitt argued that had Doherty premed
itated shooting Murphy that night, he
would, before the shooting, have got in his
possession the money Mrs PlXley was
holding for him, that he might make his
escape as soon as the crime had been com
| mtted.
He argued that because of the poor health
of the respondent he was afraid of Murphy
as he testified, and that he purchased the
revolver for self protection.
Hon. Frank Plumley made the closing
argument for the defence. He called the
attention of the jury to the solemn duty
that is theirs to perform
The evidence, he said, has almost al
been introduced by the State 1t require.
exceptional judgment TO sift this evidence
and get at the bottom facts, The State ha,
utterly failed to show cause for a premedi
tated murder, when oherty would have
been willing TO sacrifice his own life for the
privilege of taking another. No evidence
has been introduced to show that Dohert,
was worked up to such a pitch that tn,
only thing he cared to do was to Kill
Murphy, no matter what the consequence