The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-01-14
ON THIS QUESTION
HANGS HIS: FATE
Was 1t Fired During the
Struggle?
OR AS HE FELL BACK?
Some Witnesses in the Murray Case
Declare the Pistol Went Off in
the Struggle, Others That
1t Was Fired Lat
OR AS HE FELL BACK?
Especial to Nwes and observer.)

Especial to Nwes and Observer.)
Durham, \. c., Jan. 13.-The sec
ond day of the w. r. Murray murder
case has developed the fact that it
will be impossible to finish the case
this week. The fight is a battle be-
tween giants of the law and every
inch of ground is being hoty contest
ed on both sides.
The witnesses examined yesterday
afternoon did no great damage to the
cause of the prisoner, but he did rot
fare so well in the examination of
witnesses today. The evidence pro-
duced today, as a RUE was that the
prisoner was advancing on the de-
ceased and that the latter retreatcd
and warned him not to come further.
Then followed the fearful struggle,
during which three shots were fred
by the deceased After the third 81 OF,
the positive testimony Of several wit
nesses is that the prisoner disarmed
the deceased and then fired the fatal
shot while the two men were apart.
This is what the State has cnotended
from the first. There is no telling, a
this stage of the trial, just what will
bebrought out later. OF course the
defendant has positive evidence in re-
buttal Of that introduced by the State
this morning.
When court was called to order this
morning at $50 o'clock the room was
not more than half filled, but an hour
ater every inch of space in the room
was taken. Throughout the day the
room was crowded TO its utm )st
capacity. There is great interest in
the trial, and on the streets the case
is being discussed by almost every one
that a person meets.
During the morning session, which
adjourned at I o'clock, six witnesses
for the State We're examined These
were Joseph Slade merchant; Mack
p. Roberts, Peter Partin and T. T..
and Duncan Meeks. colored, al of
whom We're eye-witnesses of the
tragedy. With the exception of the
last witness those examined stated
that from the beginning of the trouble
until the fatal shot was fired that the
| deceased was retreating and the priSo-
ner advancing on him. The last wit
ness. the negro. who was in the e.n-
ploy ofthe deceased. said thar the
prisoner was not advancing on the de-
ceased when the latter drew his gun.
When this was done, he said that the
prisoner jumped toward the deCease /
and then the fearful struggle enSued.
In brief the other witnesses said
that j. S. Murray, the dead man, stop
ped Walter Markham, sOn Of Sheriff
+. ID. Markham, who was in the EN-
ploy of w. r. Murray and accused
him of following him that morning
to watch the delivery of piano.
Markham, said the witnesses. denied
this and then Murray told him he WAS
a liar. Markham made some remark
and took his whip in a threatening
manner. One of the witnesses said
that Joe Murray remarked IF you
strike me with that whip | will make
it cost you q thousand dollars No.
will shoot you" About this time ac-
cording to the testimony. w. Il. Mur-
ray appeared on the scene and push
ed the deceased back, getting between
those who were kuarreling, a. II G
same time saying. Il am a man. Fight
me if you want to fight any one and
let boys alone" 1t is then said by tie
witnesses that Joe Murray stepped
back and said. DO not come on me.
If you do / will shoot" at the same
time drawing his pistol Then it is
said, that the prisoner lodged and
went towards him, the first shot be-
ing fired about that time. The S:rug-
gle followed and as the men Stagger-
ed back against the window a large
plate glass was broken. While tie
struggle was on. said the witnesses
this morning, the<thifd shot was irel.
After that the prisoner had charge
Of the pistol, the evidence went, and
then fired the fatal shot.
All of the witnesses testified that
during the scuffle one young man was
beating J. S. Murray and that after
he was shot and went towards his
store door young Earl Murray. son Of
the prisoner, beat him over the beck
of the head.
This is in brief the story Of what
was brought out at the morning Ses
sion. There were several tits between
the lawyers and Judge PEBBLES had
to interfere several times and tell
them to quit talking to each other and
refer all questions to the court
About four O'Clock this afternoon
the State rested it's case and the de-
tense began the introduction of evil
dence for W. r. Murray. prisonr, it is
now certain that the taking Of evil
dence cannot be completed tomorrow.
1t will be Monday afternoon or Tues
day before the case can reach the
jury 1t may be even later than the
| latter day before the jury will be
given the case.
When court met this afternoon the
State continued the introduction OF
evidence. One witness, e. T. Lea
was recalled and three new ones ex-
amined. Thse three were Monroe
Curtchfield, who witnessed the killing:
Mrs. j. n. Laubacher, and Lea, who
| told Of threats they heard from the
prisoner regarding the deceased. John
| Shepperd told of fight fourteen years
ago Crutchfield told about the same