The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1914-11-17
A Sensational Session

astonlshed, at the proceedings, but no
one of the spectators was prepared fc
/. what really did happen. 1t has been
/. long time, possibly this was the frs
. time, that there was so much disorde
!, and such sensation as was furnished
Lawyers threw charges and counte
charges at each other, and came as nea
to passing the lie as was possible.
The prisoner was brought into tn
court room with his hands manacled be-
hind him. His face was swollen and
his mouth was a corncob pipe. VIII
the officers in charge allowed him t
enter the court room with the pipe i
his mouth has not been explained
Murphy began the role of crazy ma
and whether he is really demented G
whether he was feigning he certainly lie
to the latter impression and acted tn
part we'll. From all accounts he wa
perfectly calm when he left the Jail, bu
as soon as he entered the court room h
refused to sit down and had TO be drag
ged to his chair. Force had to be EN-
ployed to get the pipe from his mouth
Finally the officers seated Murphy anC
then he appeared to have regained hi,
reason.
Francis Tracy Tobin, of Philadelphia
who represents Murphy, said he did not
think it would be just to compel him to
go on with the trial with the prisoner in
the condition he was. Prosecutor At
kinson was ready and anxious to go
ahead, but he was confronted with a
situation which was grave and he was
compelled to hesitate. Mr.. Tobin said
he had several motions to make, but
under the mental condition of the pris-
oner he did not think it correct to go
ahead at present. Judge Kalisch decided
that the motions could be made without
any prejudice to Murphy.
Mr.. Tobin then proceeded. He moved
to quash the Indictment for several
reasons, as follows: That one of the jury
commissioners who drew the grand and
petit jurors was blind and could not
properly discharge his duties; that coro-
ner Henry |. Worrell was a member of
the grand jury finding the indictment
after his official position as night warden
at the Jail had given him an opportunity
to get inside information that enabled
him to form an opinion prejudicial to
the defendant; that some members of
the grand jury affirmed without giving
reasons therefor; that the court erred in
its charge to the grand jury by going in
to the details of the ease to an extent
that precluded the finding of an indict-
ment for murder; that the clerk of the
grand jury was selected by the court and
not by the jury; that Prosecutor Akin
son was in the grand jury room when
the case was under consideration and
vote on the indictment was taken. Mr..
Tobin argued the points raised, but it
was not necessary for Prosecutor Akin
son to say much.
Judge Kalisch decided all of the mo-
tions with one exception. He held that
sioners was a matter for quo warranto
proceedings and not to be passed on by
this court. That coroner WOrrell was one
of the officers at the Jail could not in
any way affect his regard for his obliga-
ton as a juror. The charge of the court
could not in any way affect the finding
of an indictment, and the clerk to the
grand jury was appointed according to
law. The point Of the prosecutor being
in the grand jury room would be given
consideration, but he intimated that the
objection on this ground could not inter-
fere with the case proceeding.
Mr.. Tobin also moved to preclude
Robert Peacock from aiding the state in
this case as he had at one time been con-
nected with the defense and had an OPP
portunity to get information that would
be detrimental to the defendant. This
brought Peacock to his feet and he de-
nounced the assertion as "dastardly
attack without foundation" For little
time it looked as if Messrs. Tobin and
Peacock might get little closer together
than would be conducive to good order,
but the conrt poured oil on the troubled
waters by deciding that Mr.. Peacock
could not use anything he knew against
unless it came as straight, legiti-
mate evidence.
When all of these preliminaries had
been disposed of Judge Kalisch said he
could not see why the trial should not
proceed. Mr.. Tobin objected because his
client was not in condition to under
stand the proceedings. The Judge asked
if he was capable of under
standing what was going on, and the
latter replied: Eyes, nothing but pack
of lies has been told" who has been
telling the lies?" asked the court, to
which Murphy replied "Mount Holly
Kalisch was of the opinion that there
should be an inquiry into the mans
sanity, and he ordered that an examina-
ton be made by three physicians, to re-
port on or before the 14th of December.
Members of Murphy's family were in
court and were much affected by the pro-
ceedings. The mother was almost en-
tirely overcome and she said the boy
had not been right for long time. He
was kicked on the head when very
young and had frequently shown signs
of fnanfol dicaoSo aUUor T0hin CaUS