The Mount Holly news., 1914-12-22
The Murder Trial.

murder OF Herman FISHER, was resumed
Tuesday. Fishers father was one of the
witnesses and during the time he was
giving his testimony he broke down and
had to be excused from the witness stand
During the time that Mr.. Fisher was
weeping and crying out for the return oi
his boy, the Wilhelm girls also shed
tears, but Murphy did not appear to be
affected the least bit.
Frank Coles, colored man, said he
was on strawride the night of the muir
der and saw some one he thought was
Murphy, and hailed him, but did not get
any reply. Several other persons who
were on the strawride gave similar testi-
mony.
Florence Wilhelm detailed incidents
connected with the murder. Nearly all
of the testimony that was introduced
at this trial is the same as was presented
at the coroner's inquest. Clifford Pow
ell, who took the evidence at that hear
ing, was allowed to read his notes, and
that got all the testimony in.
Nothing new was introduced, and the
state produced witnesses, who, one after
the other, added links to the chain that
was closing around the prisoner.
Wednesday saw the first interruption.
During the previous night Edwin C.
Davis, foreman of the jury, was taken
suddenly Ill, and for time it looked as
if the trial would have to go off for the
term. Medical aid was given the sick
man and he was allowed to have his
wife come in and nurse him.
Thursday morning he reported that he
felt able to go on with the trial. Mr..
Tobin, for the defence, objected to the
trial going on. He said he did not be-
lieve the juror was able to attend to his
duties. Mr.. Davis was in court in a
large easy chair that had been brought
in for him. In reply to questions by
Judge Kalisch he said he felt able to go
on and his doctor had said he was all
right. Beyond feeling weak Mr.. Davis
said he was all right. Still Mr.. Tobin
objected but the court decided that there
was no necessity for delay and the case
proceeded.
Among the first acts of the state was
to try to- have the alleged confession
admitted. Clifford Powell was called to
show that he took the statement of
Murphy, in the presence of Sheriff Jor-
dan and Prosecutor Atkinson. He said
the prisoner was warned that anything
he might say would be used against him
and that any statement he made must
be voluntary. The lawyers for the de-
fence tried to get Powell TO show that
there had been inducements held out to
Murphy to confess. Francis Smith
wanted the witness to repeat the exact
words said to Murphy. but witness said
he could not say the precise words, he
might leave out one or two, but il he was
allowed to refer to his notes he could
tell exactly what was said. This did
not suit Mr.. Smith who then put ques-
ton to the witness like this: "Have you
had these notes in your possession al
the time? to which the answer was
ives" Then Mr.. Smith asked Powell
them in any way. The witness resented
this question and replied: mo; do moi
resort to such tactics as you do" This
brought both lawyers for the defence tC
their feet, one of them asking that ths
answer be stricken from the records, thu
other that it be allowed to remain bu
that the witness be reprimanded. Judgt
Kalisch poured oil ON the troubled water,
by saying that witness ought not to hav,
answered as he did, but he added tha
witnesses were human and did not lik,
being prodded. He also said that law
yers were also human and that every
body was apt to say or do something il
the heat of passion that would not other
wise occur.
After the cross.examination had beer
concluded, Judge Kalisch, without hear
ing argument, said it was plain that tn
alleged confession was voluntary al
fair and had not been obtained by un
fair means. and he permitted it to b
read.
A few more witnesses were called, an,
then the state rested.
The defence was a sort of mixtur
/ between insanity and an alibi, it tlookin
as if one would be relied upon if th
other failed. To substantiate the in
SANITY THEORY IueulDtIS vi tuc pIlSOucI
: family were called to show that ther
/ had been epilepsy in the family for
: long time and that Edgar had show
signs of nationality, but they admitte
that he had never been attende
, by physician for anything that ha
appeared to affiict him.
> The prisoners mother, who has bee
faithful in her attendance at court wf
. put upon the witness stand and told (
a her boys mental disturbances. 1t ws
a feared that Mrs. Murphy would not
q able to stand the strain of giving test
mony but she held up very well an
> gained sympathy of all in the courtroom
S Other members of the family ga
e testimony and then witnesses were ca
. ed to show that it was not possible
hear cries at the points indicated by Il
d state as located from the scene of Il
e murder.
O There had been much said about
searchlight being flashed and that the
:, was mysterious parsonage going aroul
1 with such . light. On this poi
Uolfar Routn}iff said ha uas driving