Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-03-14
Case NEARING The END
Testimony in the Murphy Case Nearly
All in, and Case Will be Finished
Tomorrow.
Cross Examination and Rebuttal Testi-
mony Take up the Time Of
Court Today.
Petit Jurors Not Sitting in this Case
are Excused Until Next Mon
day Morning.

Mark Murphy was on the stand all
afternoon yesterday IN United States
court under rigid cross-examinatioa
by District Attorney Rourke, as to the
statements made by him with refer
nee to the alleged ~embezzlement Of
government funds at the customs Of
flee at Portal. His story of the case
was closely inquired into by the dis
trict attorney and he was piled with
questions. Among other things, Muir
ply stated on cross-examination that
the money he had received from John
Davis, to hold until his cattle should
be imported, he had deposited in the
bank at Kenmare. The district attor-
ney asked when this money had been
checked out and after some question
ing it was elicited that it had been
checked out from time to time by
Murphy, with his own personal ac-
count. He said he had opened an ac-
count with the bank with a deposit
of $500. He was asked what had be-
come of the bank book he used at the
time, and said it was a check book
with a place in the front for deposits
which had been denoted by the cash
Ter of the bank. This book he thought
was at his home.
TEr- -aH.N .H- ..-.r e--..-.EHEr .-. .r..
The money he had used to pay
Prairie for the draft when he had re-
mitted for the Davis entry Murphy
said he borrowed from E. c. Tolley
of Kenmare. He had given his note
for the amount
This morning Mark Murphy's cross
examination was completed. He was
J asked as to the former purchase of
drafts from H. G.. Prairie for REMIT
lance with cash alone, and as to Mr..
Prairie's custom of signing stubs for
receipts without reading them.
e. G. Tolley of Kenmare was called
and testified that on September &c
of last year he loaned Mark Murphy
and his brother Jerry Murphy $3.50 al
his office at Kenmare. The money, HI
said, was for Mark Murphy, and thu
!. loan was secured by a deed. He tool
a note for the amount, which wa!
presented in court and introduced il
evidence. On cross-examination MI
Tolley said that>he got the money tina
he loaned Murphy from a valise in hi
office where he kept some money. HI
said he did not keep an account at th'
bank at that time and had not beer
keeping an account during the si1
years of his residence there. Distric
Attorney Rourke asked him if his re
lations with the Murphy family ha'
not always been very friendly and b
said they had. He stated in respons'
to a question that he had been triet
for murder in Ward county and hat
been acquitted. He said Major j. S
Murphy had been a friend to him then
and on redirect examination said tina
friendship had consisted in going on
his bond. o.
Mark Murphy was recalled ant
shown the note and asked why b.
had not made that as a defense whe1
he waived examination before the q
S. commissioner at Minot, but the de
tense objected to this question and tn
objection was sustained.
C. S. Grain was called in rebutta
by the prosecution and stated he ha,
had a conversation with Murphy a
> the customs office at Portal and tina
Murphy had said that the reason h
did not report the Davis cattle entr
ait once was because there was n
, consular agent in town from whom h
could get an invoice. N. E. Nelso
corroborated this statement.
t An adjournment was taken unit
! !, this afternoon, to await the testimon
I of witnesses expected on the train
noon.
: This afternoon the witnesses Mul
2 hpy and TOlley were recalled I1
further cross-examination. Sewers
witnesses have yet to testify and th
9 indications are that the case will M
be completed before tomorrow. I'll
members Of the petit ;;n1y aside fro
those sitting in the case were tits a
E ternoon excused until Monday mor1
d ing at 10 o'clock.
& Girl wanter for general houseworl
Apply to Mrs. R. D. Hoskins. !.
!. Those wishing costumes for tt
! mask ball March II leave orders !,
The Boston.
It
SPLENDID SERVICE.
= The American people now-a-das
demand more for their money tina