Albuquerque citizen. [volume] (Albuquerque, N.M.) 1907-1909, 1909-06-05
YEAR IN PRISON
ON ANOTHER CHARGE
Sentence Was Suspended Pending
Motion for New Trial But
Nlurroy Plead Guilty
10 Assault dt
Gallup.

Los Luuas X NJ, June George
f. Murray, former mounted police
man, was today convicted in district
court here Of granddaughter for the
killing of James Germann at Kett-
ner. y. NJ. March Is, 1908. The
jury returned the verdict shortly be-
fore noon, after a. session lasting
from 2:3O o'clock yesterday after
noon.
Sentence was suspended, pending
arguments tor new trial, which
Murray's counsel asked. Murray has
been sentenced, however, to one year
in the territorial penitentiary for
assault, pleading guilty to an in
dictment returned by the Mckinley
county grand jury at Gallup.
The case was given to the jury
shortly before O'Clock after day
spent in arguments by counsel and
the reading of instructions oy Judge
Ira A. Abbott The arguments of
the attorneys We're unusually brill
liant. District Attorney Klock, rep
resenting the territory contending
for the enforcement of the law,
which ,as applied to the evidence of
the case, was convincing that Murray
was not justified in his act. Attorneys
Medler and Wilkerson, for the de-
fense pleaded a defense of the home
and argued that Murray was in the
right in killing the RAN he believed
responsible for his wife's infdelity.
The line of the defense in submis-
sion of evidence, was self-defense
and temporary insanity. The un-
written law was invoked as a plea
for acquittal.
The prosecution called attention =
the fact that in New Mexico there is
nc such thing as the unwritten law
and that the legislature has provided
by express enactment in what cases
the taking of life may be justified.
The court, in it's instructions, COW
cred the theory of self-defense, which
was based on the testimony OF Muir
lay that when he finally met Ger
mann, the latter made a rush for him
and that he killed in self defense.
The prosecution sought to dissipate
the effect of the evidence as to tenn
porary insanity by calling attention
to the testimony of Murray, in which
he admitted having failed to see Ger
mann and his wife in the commission
of an unlawful act, but had started
out to find Germann, testifying that
the reason he carried his gun was to
protect himself from any attack
Germann might make upon him
Counsel for Murray intimated the
evidence showed that Murray was
CUT searching for his wife. who fled
the house shortly after Germann ! #,
The court instructed the jury as
10 self defense and insanity, but in
structed the jury that If it believed
Murray searched for Germann with
the intention of staying him, he was
not justified in killing Germann-
though Germann made an effort 90
slay him first-under the plea OF self
defense.
The court also called the attention
of the jurors to the statute of the
territory which excuses the Staying
of the paramour of the wife when
detected in the act, but held that the
jury would have to find, in order to
hendcd the dead man In the act. !
There was no evidence introduced to
show that Murray discovered Ger
mann In the commission of the act, !
and the courts instructions practic
ally nullified the effect of the statute, !
The court submitted 70 the jury /
murder in the first degree, murder
IT, the second degree, manslaughter |
and not guilty.