Amador ledger., 1905-11-17
NOT GUILTY.
Jury ACquits Murphy of the Murder
of Mrs. Williams.


Clarance Murphy, which occupied
the attention of the superior court
for two weeks, came to a close on
Monday evening last, ending IN a
verdict cf acquittaI
AS we went to press last Friday,
Judge Slack, the law partner of W..
r. Jacobs, the main counsel for de-
fendant, was engaged in the opening
argument tor the defense. He got
through the same afternoon, and w.
r. Jacobs Immediately followed with
his address. He spoke at great length,
taking up the whole of Saturday and
also Monday morning, closing with
the noon recess. In his argument,
which was voted a very able effort by
all who listened to it, be unmericituI
ly scored the main witness for the
prosecution, the self confessed ac-
complice Swearlngen. He riddled his
testimony with heavy artillery, held
up its inconsistencies and It's impro-
ways. Notwithstanding the great
length of his speech, he was attentive
ly listened to from beginning to close.
District Attorney Vicini commenc-
ed the closing argument Monday
afternoon, and spoke about three
hours. The court at once proceeded
tO rive tba ;DetruokioDe 70 +ba 1urx,
which was finished about 6 O'Clock.
The jury was then taken to supper,
after which they we're locked up in
the supervisors room for deliber-
alton. Shortly before nine O'Clock
they announced that they had agreed,
and handed in a verdict of not guilty.
1t is reported that three ballots we're
taken. The first ballot stood 10 to
in favor of acquittal. The verdict
came as a surprise to many. The
difficulty was with the testimony of
Swearingen, and the disinclination
to convict on his evidence, which
while corroborated in many points,
stood alone on the actual commission
of the murder. The jury evidently
felt that there was room for reason
able doubt, especially with the array
OF witnesses tending to prove the alIbi
defense, and gave him the benefit of
the doubt. as they we're bound to do
under their oaths.
The cost of this case alone foots up
close to $4,000.
1t was at the request of his own at
torney that Murphy was detained in
Jail over Tuesday night There was
nothing between him and freedom
after his acquittal by the jury. AS a
precautionary measure, doubtless, his
counsel asked that he pass the night
in the sheriff's charge. There was no
grounds for apprehension concerning
his safety, however, as the verdict of
jury was generally acquiesced in un-
der the testimony. Not few are dis
posed to think that Love, single
handed, perpetrated the two murders,
and invented the accomplice story to
save his own neck.
In regard to the Maker case. a
complaint was sworn to some months
ago accusing Clarence Murphy of that
crime. Beyond the justice court,
however, no action has been taken
So the verdict of acquittal in the
Williams case liberated the defendant
as far as the superior court was con-
cerned. On Tuesday morning a
consultation between the district
attorney and W. K Jacobs, attorney
for defendant, was held the outcome
of which was that the defendant was
discharged from custody shortly be-
fore noon. 1t was either discharge,
or prosecution for the Maker crime
without delay, or habeas corpus pro-
Ceedings for his release. Defendant
and several others of his relatives,
accompanied by the attorney, left by
team for their homes shortly after
defendants discharge.
The Maker case has not been dis
missed. 1t will probably remain as it
is for a while. The acquittal of
Murphy on the Williams murder
does not release him from the Maker
charge, but as it now stands, the
evidence, admittedly not conclusive
in the Williams case, is equally
weak if not weaker, in the Maker
case.
There is also a rumor that Love or
Swearingen is to be indicted for that
murder also.