The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-01-21
THE CASE GOES TO TIE JURY.
SDlendid Effort of the Solicitor and
Charge of the Judge.

(Special to News and Observer
Durham, N c., san. 20.-The fate
of Bob Murray was, placed in The
hands of the twelve men this morning
at 1880 o'clock. At l o'clock they
went to heir hotel for dinner, return
ing in three-quarterS OF an hour. NO
verdict had been reached up to that
time, and the general opinion seemed
to be that the derendant would be
convicted or else there would be a
mistrial.
The argument of Solicitor Brooks.
who closed for the state, was mas
tefful effort. His arraignment of the
prisoner was fearful and his interpre-
tation of the evidence of the witnesses
was all powerful As he stood before
The twelve men and argued the case
it could be seen that gradually he was
drawing the minds of the jury TO his
way of thinking.
Ihe solicitor resumed his speech
when court had convened at O'Clock
and he began 1T once q review of the
evidence of the witnesses. lie took up
the testimony on both sides. and as
he proceeded he said that he. was
doing what ne had said he would do
tearing the mask of sham defense
from the contentious set UP by the
defendant. He read extensively from
the evidence as taken by the stenog-
rapher and quoted witness aftea Wit
ness. He said that on both sides it
was admitted that the defendant ar
rived on the scene OF trouble between
his uncle and Walter Markham and
that his first expression was F1ght
me- [ am a man." Was that the at
titude o. man who was trying 10
keep the peace" asked the solicitor.
The state has proven, he said. that
Bob Murray fired the fatal shot. 1t
then rests with the defense as to how
the trouble began. The State puts on
sixteen witnesses to tell how the trou-
bic began and nine who swear tney
saw Bob Murray fire the fatal shot.
Even the evidence of the defense, said
the States representative, convicts the
prisoner.
He drew a picture of the final strug-
gle-a struggle that was between
giants He told of the long enmity
between thestwo men; of Sob Murray
rushing bare-headed to the scene and
of his attitude when he said: l am
a man. Fight me- and then struck
or pushed back the deceased, doing
this a second time.
The Solicitors Supreme Effort.
The solicitor then came to the final
effort of his speech as to the firing
of the last shot. He took the testi-
mony of H. F. Seeman, witness for
The defense who said that he saw the
fatal fight and that when the pistol
fired it was in the hands Of both men,
that if Bob Murray had the weapon
it was in his right hand, and that. il
the deceased had it it was in his left
hand. He took the testimony of David
Dixon who said he saw the prisoner as
he wrenched the weapon from the
hands of ice Murray, moment be-
fore the fight, and, that 1t was then
in the right hand of BOP Murray WHAT
was the result Of the final shot, asked
the solicitor. Mr.. Seeman said that
when the shot was fired the deceased
capped his left hand to his left
breast, bowed his head, made circle
and Their went toward his store door.
Die he drop the pistol from that left
hand to the ground asked the solicit
tor What is the scene present I'd :?
When the deceased, limp and with his
eft hand To his breast started towards
his door where he died Mr.. Seeman
says that Bob Murray ha 1 the pistol
and was several feet away, with the
weapon pointed towards the dec eased.
In this scene the solicitor used the pis-
tot on that day and just as he snap
ped il and clapped his hand TO his
breast in the attitude of the deceased.
the pistol fell to the floor and he asked
if the jury was Willing To say that that
was the fact in the face of III the testi-
mony that Fob Murray had the pis-
aOl
Taken all in al the speech of the