Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-03-10
MURPHY CASE G !: BEGUN
Trial Of the Embezzlement Cases
Against Mark Murphy Begun
in Court this Morning. J
Morning Session Of the Court Occupied
with Securing Jury to Try
the Case. .s 8.
Taking Of Testimony Begun at the
Converting of Court for the
Afternoon Session.

The case of the United States
against Mark Murphy, charged with
embezzlement of the funds of the
government while deputy collector of
revenue under N. E. Nelson of the
port of Portal last year was moved
for trial in the United States court
this morning. Murphy pleaded not
guilty to the indictments which have
been returned against him, after the
demurrers interposed had been over
ruled by Judge Amidon, and this
morning the work of impaneling a jury
began. This is perhaps the most in
case now before the United
States court at the present session.
Murphy is defended by Attorneys Ed
ward Engerud of Fargo, and John,
Burke of Rolla,, and United States Dis
tdict Attorney P. H. Rourke is prose-
cutting the case. The charges against
Murphy, as already related, are that
he embezzled various sums from the
government while deputy collector of
revenue, sums Of $3.50 and $430 being
set forth in the Indictment as having
been paid as duty on cattle and lots
of merchandise coming through the
port at Portal, and not having been
returned over to his superior officer as
required by the laws.
Twelve jurors were called to the
box this morning, when the case was
called for trial, and Attorney Burke
interrogated them as to their qualifi-
cations as jurors A number of them
had heard it talked over, and several
had read statements published in the
newspapers concerning the case Two
or three OF the jurors stated they had
begun to read articles published re-
garding the case since coming to the
city, but when they had seen that the
Murphy case was discussed, they had
refrained from reading further lest
they be disqualified as jurors. Only
one or two of the jurors stated they
had informed any impression or opin-
ion regarding the guilt or innocence
of the defendant. "A. T. Crowl of
Dickinson, who was called as juror,
said that he had known Mr.. Murphy
personally and for that reason had
endeavored to learn all he could re-
garding the case, before being sum-
moned as juror at this term of court
He said he was interested in the mat
ter because OF his personal acquaint-
ance with Mr.. Murphy He thought
he had formed a slight impression re-
garding the case, but it did not appear
great enough to disqualify him for
cause, as Judge Amidon denied the
challenge of the district attoreny. Mr..
Crowl was subsequently excused on a
peremptory challenge. The members
OF the jury when it was finally i'm
paneled are:
a. N. Cook, G. T., Keeney, 7. H.
Southam,. Carl Ewenson, L. H. Lar
SON, H. ]. Cooper, C. j. Nord, E. A.
Hughes, T. w. Crisrnan, Mark Curtis,
A. T. WinsloW, G. J. Ovihd.
This afternoon District Attorney
Rourke opened the case for the gov
ernment with brief statement of
the facts that the government ex-
pected to prove. He said that Mark
Murphy had been appointed deputy
collector Of the sub-port of Portal and
that as such official he had reported
to Collector Nelson that there was a
bunch Of eighty head of cattle that
John A. Davis, having ranch in
Montana and Canada, wanted him to
inspect and appraise, as he wanted to
import them. Murphy was authorized
to make the inspection, and went to do
this On the way he collected duty
on an importation of cattle that had
been made by man named Steele and
also collected the money from Davis,
some $500 The government expected
to show that Murphy had stopped at
Culbertson, Mont, and lost part Of the
money in gambling house. That
the CATTLE were not imported at the
time, and that Murphy did not remit
the money until some months later,
that at about the time he did remit 1t,
there was shipment Of shingles and
potatoes that passed through the Gus
toms Office on which duty Of some $3.50
had been paid, and that the govern
ment expected to show that no record