Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-11-30

mother. On the occasion on which the
crime was committed quarrel arose
over a piece of land. the father called
his wife names and threatened to kill
her. Daniel Patrick and his brother Leo
started to attack their father. The
father clinched with Leo and Daniel
Patrick struck him several times with
an axe, first hitting him in the back and
then cutting off his feet, causing his
death within short time. Counsel con-
tended that the crime was manslaugh-
ter that Murphy had been l. years in
Jail and State prison and was now stuff
ering from well developed tuberculosis.
Mrs. Mary Murphy. mother of Daniel
Patrick Murphy, and wife of the late
Daniel Murphy, who did not testify at
the trial of her son. testified at the hear
ing. She said that her husband had
served time in Jail for assaultng her.
Witness moved to Mars Hill Is years ago
from Woodstock, N. B., and bought a
little place there with her own money.
Her husband followed her 10 days later.
Witness had never before stated what
took place in her house on the night of
the killing of her husband in June, 1895
Her husband had gone to bed and she
and the two boys were eating supper.
The boys told her that their father had
said outside that she had stolen money
and bought the land. Witness said
Daniel has always disgraced us wher-
ever we go" and then her husband be-
gan to mutter from the bedroom that he
would kill her. He got out of bed and
met the boys in the doorway. Witness
was cutting bread and on hearing a fall
looked around and saw blood on the
floor She did not think that Daniel Pat
rick knew he had an axe in his hand.
Councillor Cunningham called the atten-
ton of the witness to the testimony of
the boy to the effect that he cut his
fathers feet off because he was afraid
that he would get up and kill him.
Mrs. Murphy testified that her husband
had killed an infant of theirs by smoth-
ering it at Houlton. She had told the
boys that she was afraid for her life.
Daniel Patrick after striking the blows
said that he was sorry and tried to stop
the flow of the blood.
Rev. r. w. Phelan of Bath. formerly
of Rockland testified that while at
Rockland he had visited Daniel Patrick
Murphy at Thomaston. He was mysti-
fled that boy of so apparently amiable
disposition should have accomplished so
horrible crime as that of patricide.
Witness had compassion for the boy af-
ter he had told him of the mental agon-
les, which he had suffered. He believed
the crime was done in an insane frenzy
and that the boy did not realize that he
was cutting his fathers feet off.
Dr. John f. Walker of Thomaston. the
prison surgeon and physician for IA
years, testified that Daniel Patrick Muir
ply had been unable to perform manual
labor since the first of June. He had
had three hemorrhages. His testimony
was followed by a general inquiry into
the methods of the treatment of tuber-
culosis at the prison.
Councillor Cunningham declared that he
was in favor of discharging the whole
bunch from the prison that had tuber-
culosis and Governor Fernald suggested
dryly that if that was done the cases of
tuberculosis might increase rapidly
Councillor Pike asked if anyone had
heard that the Murphy boy had not
taken proper care of himself and had
exposed himself needlessly by standing
in cold water.
Mrs. Murphy stated that if a pardon
was granted she would take him to her
farm in Mars Hill. Daniel Murphy's
brother Leo had died of consumption
Mrs. Annie Wood of Bangor. an aunt of
Daniel Patrick Murphy, said that she
would assist in the care of the young
man if he were liberated Witness had
seen the elder Murphy strike his wife
with both fists. Daniel Patrick was in
no way vicious boy when he was at her
home
No remonstrants appeared and d recess
vas taken until l.3O p. NJ.
Attorney Thomas Leigh of Augusta
presented his arguments for the petit
Toner at the opening IF the Afternoon:
esSion. He argued that the crimt
ommit;ch by the petitioner was man
slaughter and that there was no malice
ltorethought. The boy. who was only
s years of age at tn" time the crime
vas comlrittcd on sudden prov"catioI
oSt his mind. he contcuded and point
ID ont that the young mans present
disposition was kind and good. The
D"titioncr has but "A short time to live
q concluded. ana all that he asks is T.
ass the remaining months of his life
With his mother. 1t was voted to con
slider the case in executive session
Commissioner of Agriculture Gilman
short lull between pardon cases
ppeared before the Governor and
'ouncil and asked that he be allowed
issue supplementary report of his
department.. His request was referred
the committee on public buildings.
Attorney Matthew McCarty of Rum
ord Falls appeared in the case of
ieorgianna Podvin. who for a liquor
ulSance was sentenced to six months
jail and a fine of 800 and costs He
Explained that the case was an old one.
ontinued on good behavior, which had
'een taken up by County Attorney
'arker: and read a statement from a
zeal police officer to the effect that
he Podvin woman had not recently
)een engaged in the liquor business
The petitioner had already served 40
avs in Jail. he stated and her physical
ondltlon was such that the Jail SEN
ence should be committed. A tele-
ram from her physician was read to
he effect that a longer stay in jail
would endanger her life. also telo-
ram from physician at South Paris