The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1906-12-06
Hotel Metropole. He said.
"The verdict Of the il1ru

Sucn a VefdlcC, 1urtner than that
the men became worn out and
rather than spend another night
in the jury room, those who held
out against conviction allowed
themselves to give in to those
who entered the room with the
sole thought Of returning a ver-
dict of conviction.
Notwithstanding the fact that
the jury found the verdict it did,
l still proclaim that am inno-
cent of the charge and that il l
desired to commit the crime l
am charged with, / certainly
would have adopted tactics that
would have covered up my tracks
and not allowed the transactions
to remain open and above board.
Il feel confident that most of
the jurors became somewhat con-
fused in arriving at their verdict
owing to the many transactions
that were given them and owing
to the exceedingly complicated
testimony. However, we shall
60 to the supreme court with the
case, and I feel confident that
that tribunal will reverse the
court on a number Of errors that
were allowed to go into the rec
ord at this trial. In the event
that a motion for a new trial is
denied it will be my desire and
effort to have the transcript pre-
pared at once and all details ar
ranged so that we can present
the case to the supreme court at
the March term. In this event,
and l feel confident that the su-
preme court will reverse Judge
Pollock, we will demand third
trial in this county. By taking
the case to the supreme court
that court will then outline the
errors committed by the court
and at a third trial we will be
able to follow the lines laid down
by the supreme court, and which
in my opinion will simplify a
third trial Of the case"
The punishment provided for
in this section is as follows:
Punishment for forgery in the
third degree, not less than one
year or more than five years in
the penitentiary.
The jury that tried the case
was as follows:
Herman Boerth, Fargo, fore
man.
Thomas Elliott, Kenyon.
Ole Paulson, Fargo.
John Martin, Walburg.
| Andrew johnson, Fargo.
John H. Peterson, Mapleton.
Jacob Miller, Fargo.
T. j. Flamer, Fargo.
Thomas Rutherford, Page
township.
Oscar B. Guam, Reed.
H. G. Mahlin, Wheatland
Very few persons could be
found in Fargo who have follow
ed the case, who were not great
ly surprised at the verdict Of the
jury. 1t was generally believed
last night that the jury would
not reach an agreement and that
this would wind up the case.
Many of the attorneys stated
that in their opinion the verdict
Of the jury was unfounded and
that with the evidence presented
in the case it was surprising to
learn that twelve men should
agree on a verdict of conviction.
Major Murphy was tried under
the following section of the Re-
vised Code of North Dakota:
Section 9171 of our statutes
reads:
Every person who, with in
tent to defraud, falsely makes,
alters, forges or counterfeits, any
instrument in writing being OF
purporting to be the act Of an
other, by which any pecuniary
demand or obligation is or pur-
ports to be created, increased,
discharged or diminished or by
which any rights of property
whatever, are or purport to be
transferred. conveyed, discharg-
ed, diminished or in any manner
affected by which
false making, altering, forging,
or counterfeiting, any person
may be affected, bound or in any
way injured in his person OF
property, is guilty Of forgery ir
the third degree. "
Section 9l79 of our statute
(743S code Of 1899, so far as i
may apply to this case, reads a;
follows:
Every person who with in
, tent to defraud, utters or pub
, fishes as true, any forged, alter