Philip Murray

Philip Murray was convicted of the murder of 30-year-old William Ronald Cree and sentenced to death. He assaulted him and threw him out of a second storey window at 40 Jamaica Street, Edinburgh on 23 June 1923. Before throwing him out the window, he was said to have hit him with a flat iron. Philip Murray had been a newsvendor and had lived at 40 Jamaica Street with a woman. The court heard that the woman had met William Cree in a pub and had afterwards brought him home after which there was a flight and he was thrown out of the window. William Cree had lived at 47 Inglis Street in Dunfermline. When the police were called at about 11pm, they found William Cree lying on the pavement on his back. He was taken to the Royal Infirmary in Edinburgh where he died later the same day at 11.40pm. A police inspector said that when he arrived at the hospital around midnight he was told that William Cree died at 11.40pm. He said that when he saw his body, that he saw that he had a dent above his right eye and that his nose appeared to be broken and there were two cuts on his lips, which were also very much swollen. He said that the clothing that lay beside his body was saturated with blood. When they went upstairs to Philip Murray's house and rapped on the window, they got no answer and eventually forced an entrance. When they tried to get in they found the house in darkness, but with the woman behind the door barring the entrance as best she could. When they went in they also found Philip Murray standing near the bed. The woman was dressed, but Philip Murray had only his trousers on and no shirt. The house was also found to be in great disorder. Philip Murray refused to dress, and when a constable attempted to seized him he made to strike the constable who then struck him with his baton on the chest. There was then a struggle, but with the assistance of a civilian they managed to get him down the stairs. A police sergeant that was called out said that when he arrived he found Philip Murray in the charge of two constables and that he took him to Stockbridge Police Station and then returned and arrested the woman, who said she knew nothing about the assault. She was described as being sober, but having been drinking. When the police inspector went to 40 Jamaica Street, he found that their apartment consisted of one room, 14ft by 8ft and 9ft high. He said there were twelve panes of glass in the window. He was then shown a number of blood-stained articles of clothing and furniture. When Philip Murray was formally charged, he said: xxxqxxx I am making no comment. xxxqxxx The woman was also charged with the murder. However, on Wednesday 27 June 1923, the woman called for the inspector to see her at Calton Prison, and told him that she was not guilty of the murder, noting that by that time she thought that Philip Murray would have told the truth, adding that he knew full well that she had nothing to do with it. She added that Philip Murray had told her to say that she and William Cree had been in the house alone earlier, and that when he had come in, to say that William Cree had then jumped out of the window. The charges against her were later dropped and she gave evidence for the Crown. The post mortem stated that William Cree's death was due to concussion of the brain, and that the injuries to his face were the result of direct blows. The pathologist said that the injuries to the face indicated great force, and that collectively they could not have resulted from a fall. He said that a flat iron, which was produced in evidence, and which had a blood stain on it, could have inflicted the injury to his right eye, wielded with great force by a powerful man. The doctor said that in his opinion William Cree received a blow that rendered him helpless, so far as offence was concerned, and that the other blows were then rained down upon him. He said that it would have been very difficult to get a full-grown man through the window, even sideways. When he was asked whether he thought that it possible that a man, seeking a means of escape and making a dive for the window, could have smashed the glass, using his hands to break the astragal, and then pulling it inwards, could have squeezed his way through, the doctor said that he didn't think so. He noted that William Cree would have already been dazed from the blows he had received, and didn't think that he was capable of leveraging himself through the narrow opening without being helped. He stated that he thought that William Cree had been in a semi-conscious condition and had been pushed through. He added that he could not explain why, assuming that William Cree had had the initiative and vigour to go through the window voluntarily, that he had uttered no sound, noting that that one of the first things a person did when in the extremity of danger was to attract attention. He added that he could not imagine a delicate, feeble woman taking any part in the undoubted struggle that must have taken place. He added that no woman, especially the woman that Philip Murray had lived with, could have caused the injuries to William Cree's head, even with a flat iron, noting that the blows had been given with tremendous force. When Philip Murray gave evidence, he said that he had lived at 40 Jamaica Street for about two years and that he sometimes sold newspapers and sometimes diaries, and that sometimes he sang in the streets. He said that on the forenoon of Saturday 23 June 1923 that he had been singing at St Andrews Square and made about 8s. He said that when he went home he gave the woman 6s to get some dinner. He said that about 4.40pm he left the house with another man, leaving the woman in the house and that he later returned about 10pm alone. He said that he took off his jacket and lay down on top of the bed and must have fallen asleep, and could not say what time the woman came in, but said that he was awakened by voices. He said that he rose up and looked round, and saw a man sitting on the chair at the fire and that he got up from the bed and asked him what he wanted and that he replied: xxxqxxx This young woman fetched me up. xxxqxxx However, he said that he told him that he had better go downstairs again and that he caught him by the sleeve of his jacket with a view to taking him to the door. However, he said that the man took hold of him by the collar and a fight started. He added that the woman indicated that she was not going to allow the man to go out, but noted that he didn't lock any of the doors. He said that he didn't remember William Cree saying anything about 'standing a drink'. He said that he thought that he had struck the first blow, stating that that was because William Cree had had hold of his collar, and that William Cree, who was big and broad, struck back. He said that the woman made no attempt to stop the fight, and instead said: xxxqxxx Go on Phil. xxxqxxx He said that William Cree was making a good fight and that he was being shoved out and that William Cree got on top of him between the table and the bottom of the bed, when he saw the woman strike William Cree. He said that after a second fall that he saw that William Cree had a wound above his right eye. He said that the woman certainly struck William Cree, but could not say what she struck him with. He said that as the result of a fall and he was winded and that it was 30 seconds before he recovered and that he saw the woman run to the window and that William Cree then disappeared and must have gone through it. He said that he didn't hear the window at all. He said that the woman then ran to the door and snibbed it and afterwards assisted him to take of his collar and shirt and to stop his nose from bleeding. He denied having struck William Cree with a flat iron or giving him any other blow that would have caused him serious injury or dazed him. Towards the end of his evidence, he said that the woman had never given him a penny in her life. He said she knew he was jealous of her bringing other people up to the house. He said that the evidence she had given had been to clear herself. He said: xxxqxxx She may escape punishment here, but God will punish her. xxxqxxx He noted that his average earnings were £2 a week and that it was he that gave the woman money. He said that he never asked William Cree for money and thought that he must have lost his senses and gone out of the window on his own accord. He added that, in his opinion, that if William Cree had been pushed, that he would have gone out head first. When the prosecution summed up, he said that the two questions the jury had to consider were: Who inflicted the injuries to William Cree. Was William Cree pushed out of the window, or would he himself select that method of leaving the house. He also added that Philip Murray's story was an incomprehensible and impossible one. He asked, what was there from fright, or anything else, to have forced William Cree, with Philip Murray lying on the floor winded, to make a dash and go head first out of the window? The jury found Philip Murray guilty after 27 minutes deliberation but with a recommendation to mercy. However, he was executed at Calton in Edinburgh on 30 October 1923. 1923 October 30th: Phillip MURRAY (31) Edinburgh A Dundee born newsvendor convicted of the murder of William Ronald Cree (30), who died as a result of being thrown through a second storey window on 23 June. Murray claimed at the trial that he had returned to the house on Jamaica Street, Edinburgh, that he shared with his girlfriend and found her in the bedroom with Cree. The two men began to argue and Cree leapt from the window to escape a beating from Murray, who was well over six feet tall. The prosecution alleged that Murray had thrown Cree through the window in a jealous rage after catching him with his girlfriend. He was found guilty by a majority of 11-4 on 8 October, and sentenced to death. The jury added a recommendation for mercy, and after Lord Constable had passed the sentence, Murray reiterated his innocence and thanked his counsel for their help. 22,000 people signed a petition for a reprieve before Murray walked, carrying a crucifix, to the scaffold where he was hanged by John Ellis. It was the last execution at Calton prison.