The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-10-15
Governor Will Announce
Decision Oct, 26th.
A WORD TO JUDGES
Governor Glenn Says They and the
Iuries Must Not Shirk Their Duties.
Petition Signed by Judge, Jury
and Thousands OF Cit
liens.

| er reprieve until October 26th yeSter-
| day by Governor CLAIM. A large
delegation from Durham, representing
the defendant, were> present at the
hearing before the Governor yester-
day, which began directly after the
arrival of the 1880 train from Dur
ham and continued till after two
O'Clock in the afternoon. The gov
ernor will review the records in the
case and announce his decision on
the 26th.
| The petition for the absolute par
don of Murray, who was convicted of
manslaughter and sentenced to two
years on the county roads, was en-
dorsed by the trial judge, r. B. Pee
| bles the jury a brother of the de-
ceased and thousands of citizens of
Durham county.
The attorneys for Murray were: r.
| w. Winston, Frank L. Fuller j.
Crawford Biggs, J. s. Manning and
| r. B. Boone, Jr. The friends of Muir
ray, who attended the hearing were:
DR.. N. M. Johnson, Col. j. Harper
Erwin, j. II. Barbee, Alderman w. ].
Griswold, T. ]. Lambe, w. d, Brad
sher, L. A. Carr, j. A. Robinson, AL
phonsa Cobb, S. F. New, G. @, Thomas
j. H. Coleman, ]. Ed. Stage and James
Murray, brother to the deceased.
For the prosecution there were w,
w Mason, an attorney OF Durham,
and Col. t. NJ. Argo, of Raleigh, Mrs.
J, S. Murray, widow Of the man killed.
was also present.
During the argument, while Judge
| Winston was speaking eloquently for
the defendant, Governor Glenn inter-
rupted him. and asked if the jury
were too cowardly to- find Murray
guilty. The remark was provoked
by statement from Judge Winston TO
the. effect that IL Murray were COM
PEELED to serve the sentence which had
been imposed upon him, being an In
nocent man. and having fought to
protect his life, being shot at three
times, it would be placing premium
upon cowardice. 49, 49, IL ~.
~ want to say here that / am tired
of the judges and juries of the State
Sinking their duties and sending cases
to me that they themselves should de-
eide. /" g-s@9 = ..4a iss 49,
Judge .Wipston replied that. this
was an extraordinary case, and that
when the petition to the governor was
made, it was not as to a court. but
the case was unlike any other that
had ever been tried in the State, and
the. judge and jury. did their duty as
the law prescribed, but recon-
mended mercy. and. the, constitution
delegated the governor with power to
ameliarate the. hardships of the law.
! The plea chiefly relied upon in the
argument was that W., r. Murray en-
gagged in the. fight with j., S. Murray
on cacount of the fact sthat the latter
was in an alteration, and was threat
ening to attack his son., who is an
epliptic. Mr.. w. r.. Murray was app
prised of this fact by telephone and
went Immediately to the scene, of the
disturbance. !
Arrived at is Murray,s4 store he
shouted out Why. don't YOU fight
man. I'm a man fight me-. = 1885,
Immediately 2 Mr.. W.. r. MURRAY
started upon his uncle, j. s.. Murray
who at once drew a pistol and COM
menced firing. At tac- first shot the
son of w. r. Murray was struck in
the leg. Knowing that HIS son had
been hit, w. r. Murray, nevertheless
rushed on his assaiIant whose pistol
was still leveled upon him. The men,
both of whom were powerful, clinch-
ed and struggled together and during
the fight j. S. Murray fired two other
shots, neither of which took effect.
At this juncture plate glass window
fell in and the men were nomentarily
parted. They closed at once, how
ever, and after few minutes of con-
fired, which struck and fatally wound
ed ]. S. Murray So
A number of witnesses testified on
the trial that ct the time this last shot
was fred w. r. Murray had disarmed
his opponent and was in possession of
the pistol. Others stated that there
to be a struggle for the
weapon and that it could not be said
in whose possession it was, or wheth
er it cou!d not be said to have been
in the possession of both men at the
time of the tai shot.
At any rate. it was argued by the
defense that an entire lack of malice
was shown by w. r. MURRAY when he
broke away, leveled the captured pic
tol at his opponent and then, remem
bering himself, dropped 1t to his side
firing.
1t was argued with much force and
feeling that the. -circums nee thai w
r, Murray knew that llls weak and
sickly son was in danger at the hands
Of a powerful man was of a sort 10
enrage him and TO furnish
a reasonable ground for the exercise
Of clemency. Again w r.. Murray
was unarmed. he advanced with co,lr-
age in the face of pistol i'm defense
IF his boy and. in the moment when
ne had VIGOROUSLY captured the wea-
BON with his hands. had even in the
neat of conflict the restraint and iudg
nent not to fire vindlctively.
There was evidenoS.a te, the effect