Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-03-13
defense ACCUSES PRAIRIE
Defense in the. Murphy Case Opens Its
Case with Preliminary Statement
This Morning.
Stated that Money Paid Murphy by
Davis was Trust Money and
Not Government Funds.
Defense Accuses H G. Prairie Of :
Taking Money Paid as Duty on
Potatoes and Shingles.

In the Murphy case yesterday after
noon several witnesses testified to
the shipment of the cars CT potatoes
and shingles, on which it was claimed
the duty was paid and not turned over
to the government through the pert
of Portal. Miss Irvine, cashier in tie
agents Office gave testimony as to the
payment Of money for the customs.
Conductor Foster of the 500 road iden-
titled a manifest for one of the cars as
in the Office of the collector of Gus
toms. This is the manifest that was
found after the Office was turned over
to Deputy Harvey. That official testi-
fed to having relieved Murphy, ana
to having made a search of the office
for the record of the shipments
through the port. He said he had
found no record except the one mani
fest, which was found on shelf and
which he identified.
District Attorney Rourke stated that
he thought this closed the case of the
government, but he asked to be per-
mitted to check over the matters in
the case and see if he had covered
all points, reserving the right to put
more witnesses on in case any point
had not been covered.
This morning MI. Engerud for the
defense renewed his motion for the
dismissal Of the case on the ground
that the facts stated did not constitute
cause of action, and the motion was
denied. Mr.. Engerud made several
other motions, one to dismiss the count
in the Indictment which alleged that
lMulphty embezzled the draft for S447,
which he sent to the collector to cover
the Davis cattle entry, and this motion
was also denied Two other motions
were made that the government elect
the count on which 1T would stand
with reference to the embezzlement
of the Davis money and the money for
the duty on the potatoes and shingles,
and these motions were also denied.
Mr.. Engerud then made a statement
to the jury of the case for the de-
Tense He said the whole case would
rest on the comparative veracity of
Mr.. Murphy and Horace G. Prairie,
the customs broker and agent at Por-
tai. He said the defense would show
that Prairie and not Murphy had taken
the money for the duty on the cars OF
potatoes and shingles. 1t would, be
shown that so far as the Davis cattle
entry was concerned, the money for
this was paid Murphy in trust by
Davis and that no receipt was given
therefor. There were sixty head OF
cattle inspected by Murphy and Davis
had requested Murphy as matter OF
accommodation to take the money for
the duty and keep it until the cattle
should be imported. This was done
and the cattle were brought into Pof-
tai the latter part of September. AT
this time there were 400 head of other
cattle to be shipped. Davis told Muir
phy that he would not ship the cattle
for a day or so, and Murphy did not.
know they had been shipped on the
might of the 2Sth. That night, Muir
ply had gone from Portal to Minot to
inspect tboat train which is a train
making connections with the ocean
steamers from China and Australia,
and Mulphy's custom was to meet the
train and go down with it, and inspect
it en- route to prevent delaying the
train. On the morning after this, Muir
ply had met Davis at Minot, and this
was the first time he knew the Davis
cattle had been brought in. He asked
Davis about the cattle and was told it
was the same bunch that Murphy had
inspected and that Davis had paid the
trust money on Murphy then told
Davis he should have made the entry
at the port, and that the papers must
be made out and sent in with the
money. Davis told him he would make
out the papers in a few days. but it
was a couple of weeks before he did
50. and then 1t was not done until
Murphy went to see Davis about it,
AS soon as the papers were made out,
Murphy sent the money in to the coll
lector.
With reference to the matter of the
duty on the potatoes and shingles, Mr..
Engerud stated the defense would
show that no report Of these consign-