The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-05-28
MURPHY NOT
A MURDERER
JURY FINDS HIM NOT GUILTY
DEATH REMAINS.

Patrick Murphy was found not guilty
of murder yesterday afternoon and
shortly after ) O'Clock he left the court
room a free man. The jury was out
about an hour, after listening to a day
of arguments dealing with the many
circumstances by which the prosecu-
ton had sought to connect him with
the killing of Joe Perry.
The acguittal of Murphy leaves Per-
rvs death unexplained ana the mys-
terry will probably never be cleared UP.
The evidence showed conclusively that
Perry was shot by someone, but was
not conclusive as to just where the
shot was fired from.
The Murphy murder case went to
the jury without a single disagree
ment between opposing counsel
over the instructions to the jury by
the court. This is a most unusual
state of affairs in such a serious case,
but long list of instructions prepared
by the defense were accepted without
question. The evidence being wholly
circumstantial, instructions on the
necessity of great care in accepting cir
cumstantial evidence were carefully
prepared by Robertson and Hogan and
Judge Robinson accepted them all.
They are the best instructions in a
murder case L have ever seen" said
deputy Attorney General Peters Judge
Robinson remarked that he regarded
them rs eminently fair to both prose-
cution and defense, and thus a matter
which is unusually a subject Of much
argument in an important criminal
case was disposed of without difficulty
Judge Robinsons instructions to the
jury contained the following with ref
erence to the consideration of circum-
stantial evidence:
1T is not sufficient that YOU should
entertain a suspicion no matter now
strong that suspicion may be of the
guilt of this defendant from the evil
dence presented in this case. This will
not warrant you in finding the defend
ant guilty, but you must be entirely
satisfied to moral certainty ami be-
You'd reasonable doubt not only that
the offence charged was committed
but also that this defendant commit
ted II, and unless you are so satisfied.
then your verdict must be not guilty"
In this case there is no direct evil
dence that the defendant killed Joe
Perry, the evidence is entirely cIrcum-
stanttal, and l therefore instruct YOU
that you cannot find the defndant gull
ty either of murder or manslaughter
unless you find that the evidence is en-
tirely consistent with the theory Of de-
tendant' guilt as to some particular
one of the offences of which you may
convict under this indictment And l
instruct you that it is your duty to
try to reconcile the evidence herein
with such theory of the defendants in
nocence. And it is not sufficient that
the evidence is consistent with the the
DRY of defendants guilt, or makes it
probable that the defendant is guilty OF
the offence charged. But you must be
satisfied that the evidence is entirely
inconsistent with the theory of the in
nocence of defendant and entirely and
solely consistent with the theory Of he
guilt Of the defendant, before you can
find the defendant guilty.
In cases of this kind you cannot be
said to be convinced beyond a reason
able doubt unless the evidence is suf-
hcient to exclude every reasonable
theory except that of guilt.
The jury should bear in mind that
although every fact and circumstance
relied upon by the prosecution in the
chain of circumstances is proved 10
your entire satisfaction it does not
necessarily follow that the defendant is
guilty. If the fact so proved can be
reconciled upon any reasonable hypo-
thesis consistent with the defendants
innocence then you should acqur him.
The true rule of law is this That the
facts so proved, in order to Justify
conviction must not only be consistent
with the defendants guilt but must al
so be wholly inconsistent with any 9th
er easonable theory. This is ALWAYS
the rule where the evidence is merely
circumstantial.
III any one of you gentlemen Of the
jury, after having considered the evil
dence il this case should entertai, a
reasonable doubt of the defendants
Suift from the evidence, then such jur-
or can not, While he fentertains sucb
doubt consistently with his oath as a
juror agree to a verdict finding the
defendant guilty"
ID