The record-union., 1899-05-03
Judge Pirkey Modifies the Ruling
He Recently Made
Relative to Admission Of Evidence as to
Sam Murdock's Financial Condition.
Announces That He Would Admit
Any Evidence Tending to Show
Money Matters From January
1, 1872, to the Date Of the Note
in Question.

WILLOWS, May 2-The jury in the
MURDOCH case had no sooner taken their
seats this morning when they were ex-
cused, and Judge Pirkey announced 10
the attorneys that the case being of
exceptional Importance he had decided
to modify his recent ruling as to the
ADMISSION OF evidence showing the
financial condition of Samuel Murdoch.
and announced that he would admit any
evidence tending to show money mat
ters OF sam Murdoch from the date of
January 1, 1872, to September 5, 1877,
Wnlch latter date is on the note in
question
Inc plalntlf's attorney excepted, and
General Barnes, for the defense spoke
Ior d Few moments, saying he wanted
10 bring the truth to light in all mat
ters between the men-Samuel and
William Murdoch.
After the order had been put in writ
ing by the reporter, ATTORNEY Lusk for
mally excepted to the ruling. in the
largest part saying that it would be i'm
possible to show the financial condition
OF Samuel Murdoch, unless the defense
could go back to January l, 1872 His
exception was very lengthy.
Mr. Lusk started to refer to another
line of evidence when Grove l.. John
son created a stir by accusing the de-
tense of wishing to put certain things
: q record, so that they could be printed
&C. the newspapers, and thus reach the
jury. The defense Indignantly denied
this.
Many typewriter offers shown to the
Judge by Lusk were ruled out, and
handed to the reporter for record.
Inc afternoon session was a Lively
one The deposition of John S. Lewis
OF Orov1lle was read, in which he said
ne was at Aliens Springs during Mrs.
Murdock's 1877 visit, and did not think
she left there during that time.
M ). Murdoch, nephew of William
Murdock, testified that he had visited
ms uncle many times between 1870 and
1851, and declared that his uncle never
mad one-horse buggy or CONVEYANCE
on the place.
This contradiets the statement that
William Murdoch drove to Mrs. Muir
docks in a single buggy on the day the
note was made
The witness had visited Gavn's horse
While thert Mrs Murdoch. the plaintiff
told him that Uncle Billy was a pc
culiar man, owed nothing and ought tn
be worth half a million dollars Sha
said that Uncle Billy" did not like
her because she was awav from, home
TOO much, but liked her husband. who
she believed would be left some money
Under cross-examination he said he
remembered little about general mat
tiers at GAVIN Murdock's home. and re-
3
the matter of the note came up. His
memory was tested, and he said he did
not know if any one was doing house,
work there, nor if two sons of Mrs.
Murdoch were there.
Albert Lathrop and VIM. Warren.
former employees of GAVIN Murdoch. tes-
titled that they had never seen William
Murdoch at Gawns.
There was no cross examination. ex-
cept OF Warren, who said he had often
been away for short periods.
GAVIN Murdoch, husband of the plain-
tiff, was called by the defense. and ask
ed if at William Murdock's he had told
Henry Compton that Uncle Billy
must be shrewd man to accumulate
so much money. and that he supposed
Billy did not owe a cent. TIE witness
oenled saying this and other remarks
quoted.
Henry Compton, an heir of William
Murdoch. then came forward and swore
positively that all these remarks were
made
James Boyd, prominent farmer and
Supervisor, was called. He testified
that he had lived with William Muir
dock from 1915 to 1892 He never saw
a one-horse vehicle on the place He
never knew of Uncle Billy" bringing
home $4,000, or any large sum He
said that Billy always told him where
he was going, and he knew of Billy CO.
ing to GAVIN Murdock's house but once.
and then before the note was made.
The cross examination by Grove T..
johnson was very severe Nj. Royd
admitted that his memory was not al
ways accurate.