The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-01-15


There are two main points that the
State is trying to prove and two points
that the defendant is combating
Along this line is centered all of the
evidence. The State says that when
Bob Murray came on the scene OF the
trouble that he pushed Joe Murray
back and that after he was warned
not to persue him he continued TO fol-
low the deceased and that then the
deceased pulled his pistol. This is one
point Then the State contends that
Bob Murray disarmed his uncle and
then fired to kin. The defendant says
this is not so; that after he had push
ed his uncle away to prevent trouble
the deceased pulled his gun and fired,
missing his mark. that the prisoned
then spran gtowards the deceased to
prevent his shooting a second time
and that the struggle ensued. Regard
ing the last point the defendant says
that he never got possession of the
pistol until after the fourth and last
shot.
The Morning Session.
Court convened this morning at
$3.50 O'Clock. From that time until
the noon recess, which was taken at
/ o'clock, twelve witnesses We're ex-
amined, making total of fifteen ex-
amined by the defense since the State
rested yesterday afternoon. Those
examined this morning We're: Prof
w. F. Gill. who told that Earl Murray
was a student at Trinity College; H
e. Seeman. job printer; Arthur Lyon,
bookkeeper; Jasper Utley. clerk; d.
stable; Virgo Thompson, clerk; w
Saintsing and Sam Ray, mill hands,
and r. b. Boone, lawyer. all of whom
sad the tragedy; DR.. j. NJ. Manning,
who attended Bob Murray, and Dr. A.
Cheatham, who attended Earl Muir
ray, after the killing. Some of those
who are put down as witnesses
of the tragedy, saw but part of the
fight. Others saw ii all. Taken as
in the testimony of the day.
Mr.. r. r. Boone, who is one of the
attorneys for the defendant witnessed
the shooting from a distance of about
IS or 100 feet. His attention was at
tracted by seeing people running to-
wards the point where he saw was
Bob Murray, Joe Murray, Earl Muir
ray and Water Markham. AT that
time, said the witness, the prisoned
was standing near the side walk, a
young man was in the buggy, another
young man. Earl Murray, was stand
ing in the rear of the buggy and Joe
Murray, deceased, was on the side
walk.
Witness then saw Joe Murray step
back, pull his pistol, and fire point
blank at the prisoners The prisoner
then sprang towards the deceased, the
spring being made about the time the
pistol fred. The struggle that fol-
lowed carried the two men towards
the plate glass window and Bob Muir
ray fell into this window and the
large glass was broken. The hands
of both men went up in the air,
both holding the pistol There was
second shot in the meantime. The
struggle then continued down the side
walk. a distance of several feet, and
the witness again saw the mems
hands holding the weapon and strug-
Cling. Then there was q third shot
towards the edge OF the sidewalk
The men We're struggling together and
each beanding over as if TO keep the
other from getting the pistol. 1t then
fired the fourth time. A moment
later the two men broke apart; Bob
Murray had the pistol by the top part
with the hammer concealed in his
hand, and he saw him change the piS-
tol and point ii towards the deceased.
Joe Murray in the meantime made
circle in the street and the prisoner
lowered the gun nd it was taken from
him. During his examination ne il
;ustrated the struggle with Judge Win
Ston. one of attorneys
This was the strongest evidence of
the day, but the other evidence was
along the same line.