The Mount Holly news., 1914-12-22

J saw flashlight when he was close to hi
lane. The light was not over ten fee
from him but he could not say whethe
it was bicycle lamp or lantern and b
did not investigate.
j Robert Peacock had been snbpoenae,
by the defence and after he took tn
stand Mr.. Tobin said he wanted to war;
the witness that he must be careful il
his answers and that he did not have t,
answer unless he wanted to. Judg,
Kalisch said Mr.. Peacock, as membe
of the bar, knew all about that. Mr.
Tobin then asked witness if he had no
told one of the Murphy family that h,
was going to get Edgar, that he coulc
get In for dollars where Hillman coulC
not. The court ruled this question out
Then Mr.. Tobin said he had witness
in Tennessee who has the smallpox bu
he had in his possession the sworn state
ment of the witness. The court would
not let the evidence in.
The defence rested and the state called
witnesses in rebuttal to show thai
Murphy was not SO affected in his mind
that he did not know right from wrong
and was always able to do what he was
told to do and do it in an intelligent
manner.
DIR. Henry A. Cotton was called as an
expert ON insanity. He was about to
give testim ony on his examination oi
Murphy when Mr.. Smith objected on
the ground that nothing had been offer
ed to show that Murphy was insane.
Judge Kalisch was of the opinion that
there had been and that it had all been
brought out by the defence, so he direct
ed DIR. Cotton to proceed. The doctor
said he first examined Murphy on the
9th of November, telling him that the
court had ordered witness to examine
him. Murphy refused to talk and
would turn his head away from the doc
tor. Thinking that Murphy could talk
the doctor put battery on his face and
he soon brought speech. At another
time the doctor offered the prisoner a
cigarette. The latter took one, handed
the box back, but said he would not talk
to anyone but his counsel. The witness
had observed the prisoner during the
trial and had not seen anything to
change the opinion formed that the
prisoner was rational
DR.. Mcfarland, the prison physicianb
said he had seen Murphy at various
times and thought he was rational
although after the first or second visit
refused to talk.
DR.. Richard HI. Parsons said he had,
during his IL years as physician at the
County Insane Hospital.
examined probaly 1000 patients. He
had examined the defendant eight times,
taking note of his physical condition,
his nerves., tested his memory, his power
TO memorize, tried him on getting an
dea from him why he was in jail, tested
his judgment Of right and wrong, sought
Tor hallucinations, delusions and illu-
sions and found that he had none. He
knew right from wrong,
out he had an explanation for wrongdo-
ng in the murder. He saw Murphy
one morning and in the afternoon was
,alled by the Sheriff who said the
prisoner was having spell and wanted
10 know if the doctor would like to see
him. Witness went to the Jail and found
Murphy lying on his back, with his
hands ON his head. He said he could |
1ot open his eyes and the physician said
here was no reason whatever why |
lie should not open his eyes. In |
eply to a question of DR.. Parsons
whether Murphy recognized him, |
he latter replied; "You are the man
who was here this morning." There
vas nothing in any of the examinations
% indicate insanity. In the last three |
yisits paid to the prisoner the latter |
would not speak. The doctor had notic-
ID the prisoner in court and had not |
'een anything to indicate any form ofin-
'anity with which he was acquainted. |
The witness would not call the actions |
they were more like perfor-
nances.
DIR. Lambert was the last witness. He
old of Murphy coming to see him with
eference to cuts that he had received in |
IN accident. The doctor found cut on |
he arm, and slight cut on the head, |
neither of which required any special at
ention. The wound ON the head was
luite trivial, in fact both were so slight |
hat it was not necessary to see the patient |
more than once, no need of following
he case up. Asked if the cut on the |
lead nigh not have caused some trouble |
n the brain later, DIR. Lambert said if |
Inything serious was to have resulted it |
would have been noticed within a few
lays.
This closed the testimony and counsel
lrgued the case.
FIRST DEGREE MURDER.
For the cowardly act of shooting and
Killing Herman Fisher, at Taylor's
4ane, last August, Edgar C. Murphy
vas found guilty of murder in the first
legree on Friday night. The jury filed
nto the court room at about $50, after
hree hours deliberation. The room was
rowded with spectators, many of whom
lad been waiting over anhour to be sure
o be present when the verdict was given
Murphy was brought into the court
oom between two constables, both arms
as had been the practice
Turing the trial. He showed signs of
atigue and nerve strain from the result
# the ordeal of the trial and anxiety as
O the verdict. He had the appearance
# being on the verge of collapse, but
to keep up during the trying
en- minutes time of his presence in the
ourt room.
Have you agreed upon verdict?"
Isked Clerk Knight. 1--WE have" re-
,lied the jurors. Guilty of murder in
he first degree" was the verdict rendered
d unison by the members of the jury. /
At the request of Murphy's counsel,
Francis Tracy Tobin, Judge Kalisch Or
lered the jury to be polled, and each
nan repeated the verdict in loud and |
Instinct voice.
Father, come here, want you" call
ID out the prisoner, but the parent did |
,ot respond, being restrained by the
hand of constable.
AS the prisoner was being removed he |
nodded his head toward group of men
IN the room and exclaimed, Father,
there's the man right there mentioned
oy the people of Mount Holly" follow
I'd by some words that were unintelligi-
BILE and indistinet.
Mr.. Tobin made motion ror a new