The news & observer., 1905-10-14
A Difficult Case Before
the Governor.
WANTS FULL PARDON
Was Convicted of MansIaughter and
Sentenced to Two Years On the
Roads by Judge PEBBLES. Was
Respited by Gov. Glenn Until
Next tuesday.

The most interesting and difficult
case that has been carried before
Governor Glenn for final determina-
tion will be argued in the executive
offices in the capitol this morning. 1t
is the application for pardon of w r.
Murray, of Durham, who was con-
victad of manslaughter and sentenced
to two years on the county roads.
The attorneys for Murray, the solic-
itor, many witnesses and several citi-
zens of Durham will arrive on the
morning trains.
The question of more seriousness
with Gov Glenn now than that of the
pardon itself, is whether he should
consider the application for pardon be-
fore the sentence of the court has been
executed and the convicted man
placed in confinement. A case, how
ever, stands where Governor Aycock
pardoned a man who had not begun
his sentence.
w. r. Murray was convicted Of
manslaughter for killing his uncle, j.
S. Murray, in a street duel in Durham
last November and Judge PEBBLES,
who tried the case. gave he defend
ant two years on the roads. There
was an appeal to the Supreme Court
and the sentence of the lower court
was sustained. Then appeal was
made to Governor Glenn to respite the
prisoner until he could hear the APP
plication for pardon. This was done
and w. r. Murray was respited until
October 17th-next Tuesday. Cover
nor Glenn set Saturday, today, as the
time when the application for pardon
should be heard 1t is on account of
this hearing that quite a number will
be here
This case is said to have aroused
more sympathy in Durham than any
case ever tried there The facts of
the killing, told in a few words, are
given as follows: j. S. Murray, the
deceased, and his nephew, w. r. Muir
ray were in the same line of business.
There had been bad feeling between
them for several years, and one time
the deceased drew a pistol on the de-
fendant, but he was disarmed. This
was several years ago. This contin-
ued until the fatal morning last
vember. w. r. Murray, who is
ident of the w. r. Murray Comp
was at his place of business Whe
telephone message told him tha
S. Murray was about to whip his
r. Murray's) son, Earl Murray.
boy is a frail youth, and was at
time, on his way to Trinity Coll
where he was student. w. r. NJ
ray hurried to the scene of the
trouble, unarmed, and went between
his uncle and his son and another
young man, Walter Markham, who
was in the employ of w. r. Murray.
He pushed them apart. Then the
trouble began. 1t is said that J. 5.
Murray soon had a pistol out a1ldethe
started. w. r. Murray y
closed in on his uncle to SET the
weapon and there was a struggle that
tasted for several minutes, as both of
the men were Of powerful build. In
the meantime several shots were fired
and Earl Murray, the boy, was twice
wounded Finally, after the fourth
shot j. S. Murray staggered and the
two men parted. w r. Murray then
had the pistol, the hammer of the gun,
according to witnesses, being in the
palm of Murray's hand. j. $. Mur.
ray staggered away and fell dead. He
had been shot in the breast.
The State contended that w. r.
Murray disarmed the deceased and
then fired the fatal shot. The defense
held that the pistol was fired by both
men, or rather was fired in the strug-
gle There was a great amount of
evidence and many of the witnesses
disagreed as to the facts of the fourth
and fatal shot.