Evening journal., 1909-10-27
STATE LOSES
MURPHY CASE
Witnesses COntrediCt Them
selves And Court Announces
Verdict of Not Guilty
Special 10 THE EVENING JOURNAL

Special 10 THE EVENING JOJ hN-AlA
DOVER. Del, Oct 2T-In a rapid
fire trial here yesterday. Frederic B. |
Murphy a special detective and officer,
was tried and acquitted Of the charge |
Of offering money to Christopher Scott |
to vote. A second allegation against |
Murphy OF making an offer 10 Sam
uel Legar. was dropped by the attor-
ney- general on the announcement or
the court that Murphy ought not TO
be convicted, and he was, therefore
discharged.
Murphy was tried by judges. under
the Article constitutional provision
to suppress bribery. Chief Justice
Pennewiil. Associate Justice Noolley
and Associate Judge Hastings sat.
Tho glst Of the testimony was given
by Christopher Scott and Samuel Le-
gar, who swore that Murphy offered
Scott SIS TO vote, and promised to call
at Scott's house in the evening OF
election day with the money.
The defense counteracted this by
proving contradictory statements made
by Scott and Legar to Louis b. huru,
Daniel Dodd and Samuel Scott as well
as several conversations with Murphy
himself wherein they expressed sorrow
for having given him in" and stated
that the reason was they we're poor
and needed the 800 reward.
At the conclusion Of all the direct
evidence. II. Ridgely Harrington, Rob-
ert D. Simmons, Jacob w. Goodman.
John Carrow, Robert J. Ferguson and
Alden b. Richardson swore that
Murphys reputation for honesty and
fair dealing and observance OF the
election laws was good.
The state attempted to show that
Murphy had assisted Legar TO get out
of the state. Legar swore to such
assistance. The defense met this with
proof that Legar was about to die
from diabetes and Murphy was bo-
/ sought TO send him to the hospital
in Philadelphia, but that Murphy told
him 10 be sure TO return in time for
the February court.
Much time was consumed in the
opening Of the Murphy case in thrust
| ing and parrying with legal steps and
| procedure
Walter II. Hayes and Harry p JOS
/ lyn. representing Murphy. moved that
/ the third count in the information be
I stricken out.
The first count charged sthe offer to
count charged the offer to pay for the
influencing Of the giving Of vote.
Same in substance" shouted Hayes.
The court declined 10 strike it out
Mr.. HAYES uoted an exception.
Dr. w D. Burton. deputy clerk Of
the peace produced the county regis
tration books whereon Christopher
Scott vas recorded as a qualified cleo
tor.
was there an election in this coun-
~ on November 9. 1852" asked At
torney General Gray.
Yes sir
AT that election. was there a Re
publican ticket filed in this county,
There was"
The clerk Of peace produced the bail
bond given by Murphy.
Mr.. Hayes lobjeoted to his proving
it,
Magistrate %. +. Wood was called.
Wood was asked if Murphy was ar
raigned for a violation Of Article OF
the constitution. by making some Of
fer to Christopher Scott 10 influence
his vote. The magistrate said yes.
Magistrate Wood was ordered by
Attorney General Gray to produce his
docket, Mr. Hayes objected 70 it
"The best evidence is the bail bond
Itself" The bail bond was admitted
The court declined TO admit tho
docket
rs this Murphy sitting hore? Mr.
Gray asked Wood.
"Did you give him a hearing on No
vember 3. or did he waive hear
ing2"
"He waived a hearing
, Mr.. Hayes, "Now. what do you mear
by waving a hearing?'
, Defendant said, TN waive hear
, ing. give bail and take it 70 court
Mr.. Hayes moved for acquittal oi
the ground that Murphy had not beei
) held by a member Of the court TIT
court refused to grant the motion.
. Christopher Scott ,swore that on No
z vemher .. about II o'clock. the day be
D. fore tho general election, Murphy saw
J. him on Morris corner. Loockermai
street and Governors avenue. Dover
e Murphy said:
e .ewe'rc giving Hftoen dollars 70
votes and you better get in II you
e vote the Republican ticket. I'll b
Z around after evening and bring tn
money to your house Say nothing I
nobody, for detectives are watchin
me like a hawk watches a chicken.
e Samuel Legar. the next witness
n testified to. overhearing the converse
e ton. but he heard II cut of wher
o Murphy said, They're giving fftee
e dollars for votes"
z AIR Hayes dwelt at length on thi
e variance between the. two States wit
i nesses. as Legar swore that at thi
point Murphy left Scott and came &c
ward him and he went to get a drin
OF water and returned. The drin
- was taken across the street. in fu
,r view of ell.
b. Then the state rested and the d'
d fense introduced their witnesses as
+ confessions OF Scott and Legar th'
a their testimony was false and the
: we're poor and wanted the 500
N they never would have done 1t.
CHARTERS GRANTED.
special to THE EVENING JOURNAL.