Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-03-11
Case Still IN Progress.
John A. Davis, Montana Stockman,
Gives Testimony in Murphy
Case Today.
Says He Paid Murphy Duty on Eighty
Three Head of Cattle in June
of Last Year.
Sum the Government Claims Was Not
Turned into the Collector Until
Late in Fall.

cOL1A1 "A. LAY %. d S1CClO "ndA ~
K%alispell, Mont, was the first witness
called to the stand in the Murphy case
this morning, after N. E. Nelson had
identified some letters written by his
Office to Murphy relative to forwarding
a manifest for the Davis cattle. Mr..
Davis testified that in June of 1901
he had met Mr.. Murphy, in connection
with the payment of. duties on some
eighty head of cattle; that Murphy
came to his place to inspect and ap-
praise. Davis said he had had some
talk with Murphy about importing the
cattle and had said he would write
and get instructions. Pursuant to
these he came to Montana and APP
praised the cattle and Davis paid him
the duty on them, some $3.50 at Gull
berson, Mont, early in June. Davis
said that after the money was paid
he invited Murphy to the saloon to
have a drink. and the W men went
there. and Davis left soon after. Muir
ply had said he did not drink, and
was invited to take something soft.
Davis said he got a receipt for the pay
ment of the duties at the time, but
afterward lost it from the grip in
which he had carried it. He had
shown it, some time in August. how
ever, to the cattle inspector. The cat
tie were not imported until some time
in September, when he came to Portal
and shipped the cattle through. Not
long after this he said that Murphy
told him that Crane was making
trouble about the differentiation of
the cattle and asked Davis if he would
just as soon make another entry to
avoid getting him into trouble. Davis
said he was willing if he did not i'm
plicate himself in any way. and ac-
cordingly he signed papers in blank
about two weeks after he imported the
cattle. He identified papers from the
stand as having been signed by him
but said they were in blank. Davis
said he paid Murphy the money at
Culberson in Canadian money. It
was paid as duty and was not paid to
Murphy as agent or trustee. The
cross-examination of the witness &C.
cupied most of the morning session.
The testimony of N. E. Nelson was
completed in the trial of Mark Muir
ply in United States court yesterday.
District Attorney Rourke presented
over thirty exhibits in evidence, after
they had been identified by Mr.. Mel
son. They were in the shape of GUS
toms receipts for duties, given by
Mark Murphy as deputy collector,
! drafts drawn on the treasurer of the
500 road, for remittances from Portal
to Pembina, and the weekly reports of
collections of duties made, which were
filed by Murphy between the time in
June when he is alleged to have col
leoted some $3.50 from ]. A. Davis, and
| failed to remit it until October or No
vember and the time he was dismissed
from the customs service by Collector
Nelson.
Mr.. Nelson was on the stand until
5 O'Clock, much of his testimony being
devoted to the n of doing bust
ness at supports of entry, the papers
that were to be made out when en-
tries of goods were made. how re-
mittance were made by sub-collectors
to the collector, and a general state
ment of the duties of sub-collector.
Mr.. Nelson testified to having dis
missed Murphy from the service, and
that C. S. Grain, special agent of the
treasury department was present when
this occurred. At that time he had
directed Murphy to turn over all the
property of the office to his successor.
Mr.. Nelson also testified to his having
had a conversation with Murphy re-
garding the money stated to have been
collected from Davis early in the sum-
mer. Murphy at that time had told
I'LL tAdl DdN1S 1idu pdlu LII CuS
money in trust, to be kept until the
entry of the cattle was made, and that
it had not been paid as duty at that
time, but afterward. Nelson said he
had asked Murphy if it was true thai
he had lost part of the money in a
gambling house at Culberson. and
Murphy had told him he would moi
say anything about that. .
This afternoon Merritt Flanagan, in,
spector of customs at Glasgow, Mont.
was called to the stand and testified
that he had seen the receipt given j
A. Davis in June for the duty on
eighty-three head of cattle. The re
ceipt was signed with the name Mark
Murphy. and was given for $455.25
Flanagan said he had gone to Davis
ranch to e the receipts, as he un-
derstood some cattle had been import
ed. He had not seen Murphy in Mon