The Alaska citizen., 1910-08-22
DENNY MURPHY NUT
 GUILTY

On Saturday night at the magis tratc's court. Dennis Murphy. a wait CT al the Butte cafe. was found not guilty of the charge of committing assault and battery upon the chief of police
 Attorney Dignan appeared on be half of the city. while Tom Mar quam acted for the defendant.
 From the evidence it appeared that on August h Murphy was re qucsted by Mrs Crane to go and see Mrs. Nicely, who was sick. On coming off shift Murphy went to Mrs. Nicely's residence He found that the lady was unwell. and offered to procure her some refresh ment. He was away some time during which he visited the Butte cafe. the Washington saloon and the Northern. The evidence of wit nesses who saw him at that time proved conclusively that Murphy was sober Presently he returned to Mrs. Nicely's residence with the ma terials for preparing a gin fizz Mrs Nicely then requested him to lock the door as she did not wish to see Mrs. Shinklc. her employer
 According to the statement made by Murphy, he was sitting on q chair in the room, when a pass-key was inserted in the door. which flew open.
 He jumped to his feet in surprise and found himself confronted by the chief of police, who demanded to know what he was doing there. Mur- phy replied with a similar question to Mir. Conway He ayers that Con way stated that he would show him., and that the chief of police immediately struck him on the head l three times with what appeared to be a gun
 The chief of police denied this version of the ease, but the wounds on Murphy's head proved beyond a doubt that he had been very severe 1 ly handled. In addition to this Mur- phy was taken to the city hall and thrown into jail.
 Attempts were made by his friends to secure his release on bonds, but this was refused However. at about l in the morning he was allowed out and no charges preferred against him at that time
 The evidence of the women in the case was unsatisfactory, cspcci- ally that of Mrs Nicely. Mrs. Nice. i ly could have thrown considerable light upon the affair had she been so minded, but her long friendship with the family of the chief of po- lice made il appear proper to her to forget what had actually hap pened
 The day after the occurrence she had been questioned by Murphy ill 1 the presence of s. E. Waite. a guard in the Federal jail and had admitted that the attack upon Denny by the chief of police had been entirely unprovoked.
 The chief of police maintained that he was justified ill his action; that he had attempted to attract the at tcntion of the inmates of the house before entering, and that he only struck Murphy after the latter had assaulted him.
 The magistrate believed the ev- dence of Murphy and the other wit nesses for the defense, and acquit- ted the defendant. who was accord ingly discharged
 The decision was a popular one There was no kangarooing, except on the part of the prosecuting attor- ney
 Judging solely from the evidence presented, there is not the slightest doubt but that the chief of police exceeded his duty. The defendant was in the home of Mrs. Nicely with her consent, and had just rendered her service in his capacity as waiter, when he had gone after the refreShment
 As Attorney Marquam clearly dem onstrated, Dennis Murphy had every whit as much right in Mrs Nicelys home as the chief of police had, and the latter had no right whatever to question his presen there.
 Apart from that it is time that the practice of throwing men in jail, keeping them overnight, and then discharging them without preferring any charges, was stopped If it is found necessary to jail man for any cause whatever, he should be charged with a specific offense al the earliest possible moment If d police officer does not do this he is liable to a charge of assault, just as civilian is.
 Magistrate Clark's decision meets with practically universal approval
 HE KNOWS! WE DON'T.