The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-08-09
POLICEMAN
ACCUSED.
Milkman Murphy Says
Patrolman Dundon Tried
to Do Him.
AN EFFORT TO Get SQUARE
The Officer Produces Wit
nesses to Prove His Story
and Prisoners Guilt
AN EFFORT TO Get SQUARE

The adjourned case Of petit larceny
against Michael Murphy. a prominent Ar
Hngton avenue milk dealer, came up in
the Second Criminal Court this morning
and monopolized the attention Of the
court for about two hours 1t was after
noon when the case was further ad-
journed for a week to allow the defence
TO produce an extra witness who could
not be located this morning, but whom
the, defendant <elieves he can produce IL
given few m&re days to hunt him up.
The case is fsorbing considerable at
tention.
Murphy Is reputed to be well to do. He
is running two stores. He was arrested
on the morning of Friday, July s, charged
with stealing forty quart can Of milk
from in front of the store of Grocer Jas
Gaddfs, of No. $40 Grand street. The po-
lice made Milkman John H. Weastell. of
No l51 Monticello avenue, the complains
ant. Mr. Weasten serves Gaddis with
milk. He is not prosecuting the case
against Murphy.
Chanceman Dundon of the Communi-
paw avenue station made the arrest. He
had been Instructed to watch Gaddiss
store in the early morning hours as cans
of milk had been stolen from there sev-
eral times of late. Dundon swore that
he caught sight Of Murphy in the act OF
taking the can of milk in question from
the step in front of Gaddis' store and
putting it in his wagon. He found the
name Of John H. WeasteIl on the can.
He asked Murphy what he was doing
and Murphy said he was short OF milk
and was borrowing it, in accordance with
Dundon says he placed Murphy under ar
rest and started for the station house.
Murphy drove the wagon. Dundon start
ed to walk He says Murphy drove up
fast and at Bishop street Jumped from
the wagon and made his escape. The
wagon was taken to the station house and
an alarm was sent out for Murphy's ar
rest.
Chanceman Begins arrested Murphy
somewhat later on Communipaw avenue.
Murphy said he was looking for his horse
and wagon, the horse having run away
Dundon produced half a dozen witt
nesses to prove that they saw Murphy,
his horse and wagon and Chanceman
Dundon in the vicinity of Gaddis' store
on the morning in question
Murphy's defence is an alibi and con-
v
In front of the house of his nephew, a
Mr. DAILY. of No. 25s Halliday street. at
which he had stopped few moments af-
ter leaving his stable that morning to se-
cure some bottles. These he was obliged
to wash and he was in his nephew's
kitchen for about fifteen minutes. during
which time his horse disappeared He
says he spent an hour or more search
ing for his horse and wagon. Most OF
this time was spent in Lafayette. He de-
cIares he was not on Grand street untii
about half past six o'clock in the morn
ing, after his arrest and he was bailed
out
The testimony of Dundon's witnesses
while not disproving this assertion, con-
elusively tended to prove Dundon's story
of the arrest in front of Gaddis' store.
Counsellor William H. Speer is defends
ing Murphy. He hints strongly at con-
spiraey. When Murphy was put on the
stand for the defence the counsellor drew
from him the fact that Dundon frequent-
ly called on Murphy for free drinks OF
milk and cream sodas, etc; that while
the complainant did not object to giving
the chanceman the milk, etc., he told him
on one occasion. when the chanceman
rung in a friend on him, that he did not
care to furnish his goods free to the gem
eral public, and called Dundon a s'trim~
mer."
Murphy said that Dundon returned and
told him that he (Dundon) had served
him a dirty trick and hinted that he
would get square. Murphy hints that the
chanceman put the can of milk bearing
Weastelfs label in his wagon while II was
astray.
The witnesses who gave testimony In
favor of the Chanceman were John
Charlson. of No. $40 Grove street. who
saw an officer talking with a man In a
milk wagon at the place where the arrest
IS alleged to have occurred; Thomas Shea
put of the window and saw a man going
through Bishop street with no hat on his
head shortly after the time when Dundon
1t that thoroughfare; Charles Deecher.
of the Q. K Dairy. No. So jackson av-
ssnue; Frederick Guard; John Wills,
counsel not to get scholastic: Ulysses
ifant Nicholas, employed by Milkman
HetneTington. of No. 81 aGrdner avenue
At the conclusion of the States testi-
mony Counsellor Speer asked for a dis
m1ssal of the charge on the ground that
me complaint set forth that the defend-
Weastell. He maintained that. Accord
ng 10 all law. no matter what had been
uf- NeasteiES custom in assuming the
oss Tor milk stolen from In front Of Mr.
iaddis' store, or from any of his other
ustomers under similar circumstances.
ne moment the can was deposited on the
sidewalk in accordance with agreement
sr contract it became the property Of the
yendee- It was Mr.. Gaddis property
1ot that Of Mr.. Weasteil. and therefore
DEFENDANT could not be convicted on the
sharge OF stealing from Mr.. Weaste1i
He scored Dundon for having produced
md exhausted every old piece of circum-
tantial evidence including the testifno-
~ of men who get up in the night with
and look out of windows
referring to Shea, whose work is Of
uch character on account of shifts in
;angs of laborers that having to appear
is witness had caused him to lose fiftv-
wo hours of sleep), and vet had not SUM
nened the man from whom the milk was
tolen.
Justice Nevin refused to dismiss the
ase and Mr.. Murphy and his nephew.
3aly, went upon the stand and told
heir side of the story as related above.