Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-03-12
Witnesses in the Murphy Case Testify
to Having Seen Murphy Playing
Roulette.
Ford, a Saloonkeeper at Culbertson,
Says Murphy Borrowed Money
to Square HIMSELF"
Horace G.. Prairie Testified to Payment
Of Duties on Consignment of
Potatoes and Shingles.


day afternoon and testified as to in
voices of the Davis cattle and Of two
shipments of potatoes through the
port that had been made by him, one
at. the request of Mr.. Murphy and the
other at the request of Mr.. Prairie.
Charles S. Grain, a special agent of
the treasury department of the United
States testified that he was called upon
to make an Investigation of the trans
action with reference to the Davis cat
tie. He stated that in company with
N. E. Nelson, collector of the port of
Pembina, he went to Portal and had a
conversation with Murphy. He asked
Murphy with reference to Davis entry
and asked Murphy if it was not a fact
that he had collected the money from
Davis and lost it at gambling. Muir
ply. had told him that he had gone to
the Davis ranch and Davis had told
him that he did not want to import the
cattle then, but would want to import
them later in the season, and he paid
him the money in trust, until such
time as the cattle should be imported.
Mr.. Murphy had told him (Crain) that
he gave Davis no government receipt
for the money. Afterward, Mr.. Grain
said Murphy had told him he had lost
some money at gambling, but that it
was not government money, as the
Davis payment was a trust payment
and not an official payment of duties:
Britt F. Smith of Culbertson, Mont.
testified that he was in the Ford sa-
loon at Culbertson on the night Of
June 20. He saw Murphy there, play
ing the wheel. Roulette vas the game
and the defendant was playing money
on the wheel. The defense objected to
this testimony, unless the government
should show that the defendant had
no other money but the money paid
by Davis. It was stated by MI. Rourke
that the witness. c. S. Grain. had stated
that Murphy admitted having played
money there, but claimed the Davis
payment-was not government money.
Judge Amidon overruled the objection.
Smith stated that ait first Murphy play
ed chips, and afterward played with
money. he thought Canadian bills OF
the denomination of So. When he
ceased to bet, Murphy walked back to
where Ford was behind the bar, and
called him to the other end Of the
room. After a brief conversation,
Ford called to the man who was in
charge of the wheel to count out the
bills that had been lost and bring
them back to him. This was done.
On cross-examination Smith said he
was a ranchman and had a saloon. He
thought Murphy looked older when he
saw him at Culbertson than he did
now. Thought he had shaved off his
moustache since then. 1t was his i'm
preston that the man who played the
wheel at that time had a moustache,
although the witness did not seem quite
certain on this point.
C. S. Stafford said he was a stock
inspector at Culbertson, and Vas in
the saloon at the same time that
Smith was there and his testimony a
to Murphy's playing the wheel and his
subsequent actions was Of about the
same nature as that given by the pre-
ceding witness.
w. J.. Ford testified that he was a
saloon keeper at Culbertson and that
Murphy had played in his place on the
night in question. When Murphy
called him back he told him that he
wanted to borrow 1925. Ford asked
him if he needed it and Murphy said
he needed it to square himself.
Hobert H. Foresman testified to hav-
ing called at the Office at Portal on
October IL, as special agent of the
treasury department. and asked Muir
ply for his books, for an examination.
At this juncture a recess was taken
until this morning.
Horace G. Prairie, agent for the
Canadian Pacific railroad at Portal and
customs broker at that place was the
principal witness this morning. Mr..
Prairie brought with him some of the
records OF his Office and stated that he
had filed out an immediate con-
sumption entry OF the Davis cattle
through the port Of Portal, at the re-
quest of MI. Murphy. The entry was
filled out October 10, but was dated
October IA at the request of Mr.. MUIR
ply. It has been signed in blank by
Mr.. Davis.
Mr.. Prairie also identified a check
for SAT, given to Mr.. Murphy in set
Element of customs duties for the week
ending October 81. He stated that the
articles or which duty was paid in this
settlement were three carloads OF
shfnplas md two cars ne nnfotnoc and