The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1915-01-05
Sentenced to Death.

Edgar Murphy, convicted of the mui
, der of Herman Fisher, was brought int
court yesterday morning to receive hi
sentence. Before Justice Kalisch pre-
, nounced the words that finished thi
sorrowful affair, Francis Tracy Tobin
counsel for the prisoner, began his argu
ment on the motion for a new trial. MI
Tobin had gone to great pains to prepar
| the reasons for his motion and he Sc
them out at length.
The first was that he had not had tim
to examine the testimony. He had un
derstood hat the evidence was to be pre-
pared and sent to his associate, but i
did not reach the latter until last Friday
And then he was compelled to come in
to New Jersey to examine it as expires.
orders were given that the book shoulc
not go Out of the state. When it wal re
membered that there were over LOO
pages of this testimony it was plain tC
be seen that it was a stupendous job tx
prepare a case by yesterday.
Judge Kalisch said that Mr.. Tobir
must, during the trial, have kept some
part of the evidence that would enable
him to go over the facts that were re-
quisite to secure a new trial. The weight
| of the evidence was the main thing.
Legal questions could not enter here
They must be presented to a higher
court.
Mr.. Tobin then said he proposed to
argue on the weight of evidence and he
held that it was not sufficient to convict
Murphy. There was nothing to connect
the latter with the murder. Even the
charge of the court gave the jury a
chance to bring a verdict of murder of
the second degree, but the jurors disre-
garded that charge and violated their
oaths when they brought in a verdict of
the higher degree. There was a prejudice
against the prisoner in all parts of the
county and the jury was impregnatsd
with that prejudice. Then MI. Tobin
began On the testimony which he held
showed hat the gun in the case could
not have been taken from the Murphy
house.
Judge Kaliseh inquired: "What about
lying in waltz to which Mr.. 1obin re-
torted, "How about malice aforethought,
when was that formed?" To this the
Judge said: .We cannot look into a
mans mind to determine when an idea
is formed, that must be presumed.
Would not lying in wait and firing two
shots show hat malice aforethought had
been formed?" Mr.. Tobin said he did
moi believe the man was lying in wait
for Fisher. He was in just such a frame
of mind that he would have shot any,
body. The lawyer did not believe in the
confession that Murphy was presumed
to have made.
The Judge said there would have to be
facts presented to substantiate that
and to show that the prisoner had
been injured in any way by the confess
sion alone. He said: 81 can be con-
WINGED and will do my duty. If the
evidence submitted was sufficient to
a verdict of murder of the first
degree, no personal opinion would be al
to haye its influence"
Leaving that point the lawyer switch
ed over to the circumstances surround
ing the taking of the confession and he
claimed that the proper legal warning
had not been given Murphy when the
was asked for. To this Judge
Kalisch remarked hal the evidence
the trial fully settled that ques-
ton and there was no doubt about the
of the warning.
The jurors were then made the sub
iect of discussion. MI. Tobin said the
Jury had discussed the case in direct OPP
position to the directions of the court,
which were that the jurors were not to
talk of the case to any n and were not
to discuss it among themselves until
after the evidence was all in. One of
the jurors told Mr.. Smith, the associate
counsel, that they had practically reach
ed a verdict the night before it was rem
dered. The Judge admitted that the
Jurors should not have discussed the case
among themselves. There was nothing
but a simple statement hat such was
the fact, but even if it were correct, there
nothing to show that their decision
unfavorable to the defendant. : And
there was no precedent on which to ask
for a new trial on such grounds. To set
aside a verdict there must be shown
there was not the weight of evidence to
the finding and a verdict could
not be impeached merely by the state
ment of a juror.
1.-The jury was not legal" said Mr..
1.-THE first twelve men selected
were not allowed to try the case. After
the defence had exhausted its challenges
a juror was called, examined by the
prosecutor and turned over to the de
fence. The latter had to be satisfied and
the Judge ordered the juror sworn. Mr..
Atkinson challenged him, but the crier
had begun to administer the oath,
but the challenge, was allow
ed" Judge Kalisch took exception to
this statement. He said there had not
been any start towards administering
the oath, and added: "You took an ex-
ception, did you not, Mr.. Tobin?" On
the lawyer answering in the affirmative
the judge said, "Then that is a matter
that may be settled. by the higher court"
Robert Peacock, who assisted.the state,
came in for a share of condemnation.
Mr.. Tobin declared that Peacock had
made improper remarks that reached
the ears of the jurors and prejudiced
them. In one instance, Mr.. Tobin said,
Peacock had called the lawyers for de-
fence CROOKS" "You should have call
ed the attention of the court to that fact
during the trial. said the judge
The next reason assigned was the re-
fusal to allow the taking OF testimony of
John Mcfarland, who is supposed to be
in Bermuda. The testimony of this man
is material. To this the reply of the
court was: "You did not produce, at any
time, evidence to show the whereabouts
of this man. You have not, since the
trial, made any efforts to locate him.
There was nothing to show that he had
made to any n statements such as you
assert he did. Suppose he was a real
person and could testify to what you
claim. 1 cannot see where it would
change the testimony which all tends to