The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-10-15

permitted to Introduce witnesses to
colltradlct the statements they might
see lit to take exception to, and as
mat would result IN an endless re-
nearing, and constitute the governor
court, which he is not, he declared
mat IL is not right TO establish any
such precedent.
Neither would he hear any testi-
mony that the defendant could have
naa, put did not have at the trial, and
ana not then see fit to use. Governor
Glenn stated that all defendants had
the right under the State constitution
10 petition him for pardon, and that
they mad the right to request him 10
near their petition, and if the defend
ant mad any newly discovered testi-
mony, which was not and could not
have been given al the trial. then he
would hear it. The counsel for Muir
ray had no new evidence, and argu-
ments FOR and against the granting of
pardon to Murray commenced, Judge
WINSTON and Mr.. Manning spoke for
Murray, and Colonel ArgO represent
ed the prosecution.
Judge winston represented w. c.
Murray. the defendant to be one of
the most popular men in Durham
county, and reviewed his whole life.
He dramatically related the circum-
stances which led to the fight and the
struggle itself, and described the way
In which the fatal shot was fired. The
people Of Durham he said, We're
greatly surprised at the verdict of the
jury which found Murray guilty, and
said that Judge PEBBLES had the jury
walking around the court like tin SOL
diers. The trial judge, he said, in
structed the jury regarding positive
and negative evidence, and informed
them that the Stats testimony was
positive and the defendants negative
in that nine of the States witnesses
sWore that w. r. Murray fred the ia
tai shot that killed his uncle. and
Murray's witnesses could not say
which man fired that shot. and that
If the jury acquitted Murray, the
States witnesses would thereby be
found guilty of perjury
Col. Argo commenced that as the de-
PENDANTS counsel had admitted that
the case was not conducted improper
ly, and the decision of the lower court
had been confirmed by the Supreme
Court the sentence should not be dis
turbed. The judge, he said, did not
err, the law had been INDICATED, and
ii should take its course. He urged
that more sympathy should be mani
tested for the widow of the deceased
than for the defendant as the policy
Of the law was not TO W dow women
and orphan children, but to punish
the criminal. He said the petition
signed by the officers of the court and
citizens indicated nothing, as it was
an irresponsible act the signers be-
ing moved by sentiments Of gaoern-
sity or mercy. He said that w. r.
Murray had threatened to kill his
uncle. and had stated that he would
as leaf kill j. S. Murray as he would
kill = dog.
At the end of the hearing. the
governor having been requested by
both sides to read the whole record.
he stated that it would be physically
Impossible to do SO before October
nth, and the counsel for both sides
agreed to a frrtheU reprieve to enable
the governor to read the testimony,
and he fixed October 26th 10 announce
his decision.
Governor Glenn then stated that he
did not think he should set aside the
verdict Of q jury and judgment Of a
court unless ii was justified and he
was convinced that tie ease was tried
improperly lie said he would con-
slider the character Of the defendant
IF Murray was The aggresSor." he
said, II will not grant a pardon: but
if j. r. Murray The deceased. was the
1egreSSor ] win pardon ana If I find
that w. L. Murray was the aggressor
and j. s. MURRAY fred the fourth and
fatal shot, viii pardon the defend
ant"