The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1914-12-15
Trial Of Edgar C. Murphy.


Edgar c. Murphy was placed on tri.
yesterday morning for the murder {
Herman Fisher.
,, The prisoner was brought into coul
( and while he was not in the Mysteries
state which characterized his action
when before the court at prior session
he did not show signs of special ments
activity. He appeared to be dazed, So
with his eyes closed nearly the entir
session, and showed very little interes
in the proceedings,
Francis Tracy Tobin, of counsel for d.
: fence, began to offer reasons for quast
ing the Indictment.
He again pressed the point that Prose
cutor Atkinson was not legally in tn
grand jury room and that by his word
. and acts he influenced the decision
reached by the jury. MIR. Tobin said b
had subpoenaed all of the members Q
the grand jury, and he asked permission
to examine them. He also called Prose
cutor Atkinson to take the stand, bu
that official refused to accede to the re
lquest.
Judge Kalisch said he was not satisfied
that basis had been formed for this re
quest. If the prosecutor or members o
the grand jury were to give evidences
they would disclose the secrets of the
grand jury room. This request was
denied.
Judge Kalisch then disposed of some
of the requests to quash that were pre-
sented at another session of court. On
the point that the petit jury had not
been legally drawn because one of the
commissioners was blind. Judge Kalisch
said there was nothing before the court
to establish that fact. The law requires
that certain requirements must be adj
hered to. So far as the records of the
court showed those requirements had all
been fulfilled. Mr.. Tobin contended that
such was not the case. The law requires
that one commissioner must draw q
metal piece from the box and hand it to
the other commissioner. Owing to the
blind ness of one Of the officials he was
not able to know what he was drawing,
and had to depend entirely on what the
sheriff said and did. Mr. Tobin did not
wish to reflect on the sheriff, but he held
that the drawing of the jury was not in
the spirit of the law, even though it
might be called within the letter.
Judge Kalisch refused to entertain the
motion on that ground, and then pro-
ceeded to discuss the objection to Henry
l. Worrell as q member of the grand
jury, because he was an employee at the
Jail and was coroner Of the county.
The Judge held there was no proof pre-
scented to him to sustain either of these
objections. He also said the clerk to the
grand jury had been legally appointed.
Then the Judge returned to the point
of the prosecutor of the pleas being in
the grand jury room and said that Off
cial had such right. He would not per-
NIT any of the members of the grand
jury to be called to testify to anything
that transpired in the room. Mr.. Tobin
then said he would excuse those he had
subpoenaed with two exceptions, as they
were gentlemen who would he examined
ON other points.
Prosecutor Atkinson got into the mat
ter at this point and said he did not
have any hesitancy in backing up, by
oath, what he had said or would say to
the court. He thought he was entitled
to know who made the charge that he
influenced the grand jury. He denied
that he had ever done such an act, and
he considered the charge absurd and
sentiment in which Judge
Kalisch concurred.
The next point considered was that of
an application to take testimony of
witness in Bermuda. This was denied
because the Judge thought there had not
been sufficient diligence in getting the
matter before the court The affidavit in
the matter was not frank and open and
represented that the testimony of the
defendant was to be denied, very PEE
not SO understand the matter, but the
Judge read the affidavit, which said the
testimony was to show that Murphy
was not in place where he said he was,
and that certainly would be contradic-
ton Of the defendant.
With all these points disposed of De-
x,,,fxr QhorsT ErIaofxyr<,I <olIad 4bo ;.,-xx
The first man whose name came out of
the box was Howard Ct. Taylor, Jr., of
Cinnaminson. Hesaid he was decidedly
opposed to capital punishment, and he
was excused by the state. Edwin C.
Davis, Of Lumberton, answered the
queries put to him in manner satisfac-
tory to both sides and he was accepted.
Wilson Haines, Medford, excused by the
state. John A. Althouse, Palmyra, ex-
cused on account Of deafness. Clarence
Taubel, Beverly, was the next, but ow-
ing to strenuous business pressure he
was excused by consent of counsel on
both sides. William J. Lippincott,
Evesham, accepted. Joseph Colby,
Springfield, accepted. Robert Sutton,
Florence, excused by the defence. Harry
Sever, Beverly, was SO opposed to capital
punishment that he did not think he
could render a verdict that would take q
mans life, so he was excused by the
state. Edward Willitt, Southampton,
and Thomas P. Cross, Beverly, were ex-
cused by the defence. Raymond p.
Wilkins, Medford, had formed an opin-
ion, but he said he would want strong
evidence to make him change his mind.
The defence did not exactly like Ray
mond's attitude and excused him. John
B. Colkitt, Mansfield, was acceptable to
both sides. Joseph R. Cheeseman, Bur-
lington, was excused by the state. John
w. Fenimore, Beverly, and Frank Ridg-
way, North Hanover, were both accepted.
Elmer Layton, North Hanover, was so
opposed to capital punishment that he
said he could not be influenced by the
testimony, SO the court allowed him to
depart. Edward l.. Davis, New Han
over, had formed an opinion and the de-
fence seemed imbued with the idea that
it was not favorable to them and he was
allowed to go. Henry Roberts, Mount
Laurel, had formed an opinion, but
would like to hear evidence to convince
him that he was either right or wrong.
The defence did not want him. Charles
Shinn, Jr., Willingboro, excused by the
ldafance and E,lmar q Stauorso..