Weekly journal-miner., 1911-05-17

ability, etc, he was excused.
 Dr. Clark A. Hughes
 The doctor testified that he reach ed the body of deceased about fifteen minutes after the shooting. Murphy was dead, death unquestionably hay ing been caused by gunshot wound. The bullet entered at the left hip and showed plainly beneath the skin of the right hip, about half an inch beneath the skin. The doctor care fully prObed the wound and removed the bullet; which in his opinion was of a II caliber. His examination showed that the deadly missile had passed through the intestines causing death The bullet was handed over to the, justice of the peace. Both sides accepted his story and he was excused without further ques- tiOning.
 Wife of the Deceased. Mrs. Cynthia Murphy, wife of the deceased was now called. hush filled the court-rOow and every eye was turned upon her as she walked to the witness stand. Mrs. Murphy is a woman somewhere in the thir- ties, about five feet six inches, light blue eyes, brown hair and neatly attired. Throughout her examination she earnestly tried to keep back the tears that would persist in dimming her eyes as she minutely described the details of the tragedy that robbed her five little children of a father and protector. During her recital the voices of her three little children pierced the tension of the silent court room and brought tears to the eyes of the assembled crowd who real ized that the bullet from a grim en- zine of death had made the ehattering little people fatherless and had made their mother widow.
 Mrs Murphy testified that Rhode was her brOther-in-law (she and Mrs. Rhode being sisters) and that at the time of the tragedy she and her husband were farming on a piece of land rented from Rhode. About eight or ten days prior to the killing she had heard angry words between her husband and the defendant It was about five o'clock in the evening and she was in the house getting supper when the sound of high voices at tracted her attention and she went to the door to find Rhode sitting in his wagon and her husband just dis mounting from his horse. Rhode it appears had come to get bedstead which Murphy had borrowed from him. At the close of the cOnversa- tion Rhode menaeingly remarked, I'll get you and the whole-family yet. - Murphy replied" that he was not afraid" and Rhode drove off.
 She also testified that she had been married to Murphy for fifteen years and that deceased was erip- pie. That he was lame and that his chest hd been crushed. That he was about six feet in height and weighed about 15O pounds.
 In her own words she described the day of the killing. Try as she would the tears would come to her eyes and little sobs would choke her so that it was almost impossible for her to talk
 ''On the morning of the eighth my husband started for Reed s to bor- TOW a mule, he left at about eight thirty. A little while later, I can t remember just how long, I think it was a little after nine o'clock, I heard three shots and started to run down the road. All the children think were following me. found my husband lying in the road on his face, I saw he was not dead and sent the children back to the house for water. I sat down in the road and too his head in my lap. HeI did not speak and died a few minutes later.
 "Rhode was standing up against the fence and did not say a word to him. The horse my husband had been riding was running up the road and my little boy caught him." Questioned further by the attorneys she told how her husband and how Rhode were dressed.
 When cross examined at length by the defense she told the same story, every detail corresponding exactly with the previous recital.
 Lily Murphy.
 Little Lily Murphy, thirteen years