Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-03-19
JURY DOES NOT AGREE.
Jury in the Murphy Case Comes in
Last Night and Reports No
Agreement Possible.
Judge Amidon Discharges the Jury,
aud Case will Have to be Tried
Again.
District Attorney Rourke Says the
Case will be Tried Again at
Fargo.

The jury in the Murphy case dis
agreed last night and was discharged.
The jury was out from shortly after
4 O'Clock when Judge Amidon COM
pleted his charge until 10 o'clock,
when they came in and reported that
they could not agree, and Judge Ami
don discharged them. Judge Ami
don's charge Ito the jury was eminent
ly fair and clear rs to the law in the
case. He took several of the counts
from the consideration of the jury,
in%strlcting them to return a verdict
OF not guilty on these counts. On the
others, he directed the jury as to the
law in the case, and as to the form
OF their verdict, in the event that they
returned verdict of guilty. AS to
the Davis money, paid for the impor-
tation Of the cattle, he directed the
jury that if they found that the de-
PENDANT had any of the money that
had been paid by Davis, after the cat
tile had been imported, and if he had
c inverted any of it to his own use,
then he was guilty of embeZzlement of
the money under the charge. With re-
gard to the money alleged to have been
paid by Prairie for duty on the cars
of potatoes and shingles, if the jury
found that the defendant had used
that money to pay his previous short
age, then he was as guilty of EN-
bezzlement as if he had used the money
to buy articles for his own use. If,
on the other hand, they found that
the defendant bought the draft which
he sent in to pay for the Davis cattle
entry out of his own private funds and
did not convert the other moneys to
that purpose, then he WA not guilty
on that charge. He quoted the law
covering the facts in the case and
gave the cause to the jury for their
consideration.
Attorneys Burke and Rourke for the
defense occupied the thine of the af.
ternoon in arguing the case. Mr.
Burke made an eloquent plea for his
client, arguing that John A. Davis
the principal witness for the prosecu.
tion, was not worthy of credence il
the statements he had made regarding
Murphy. He said that Davis was {
smugagler, under the evidence in tn,
case, and that according to his owl
statements his cattle were under
valued, and he desired to save him
self by testifying against Murphy. H.
said that Davis had lured Murphy init
the gambling saloon at Culbertson
gotten him to drink and tempted hin
to gamble. He paid his compliment.
TO all the witnesses for the govern
ment, abiding ito Prairie as sthe maj
who glided into the witness chair Xix.
a snake, and was continually lookin,
to see who was behind him" Georg,
Schofeld he characterized as 9Th,
~ AOoA duu LAWS as TIT
'smuggler."
ATTORNEY Rourke said that whe1
the defense ran short of facts upol
which to argue they pounded the al
and INDUCED in noisy demonstrations
The statement that Murphy had bee1
"lured into a saloon" he said wa,
Il - - s@1#r - "a
ridiculous. Murphy was no baby an,
knew well what he was doing. Tn
attempts of the defendant to swea
off his crime on a man like Prairie
who had held a responsible positiol
for many years and had fifteen t
twenty men under him, was charac
t~eristic Of the defendants attitude il
the case and OF his necessities. H
said that had it been necessary 70
the defendant to swear that the su
stood still, ito clear himself, he Woul
cheerfully have done SO. Unless th
al -----s ~ IN EA @&--EN