The Wahpeton times., 1906-12-06
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and his attorneys, Judge w. S. Lauder,
Seth w. Richardson and ]. +. Gala
han, were notified by Judge Pollock tina,
the jury had arrived at a verdict and
was ready to report. Court was con-
vcned and the jury was called into the
court room after having been out since
o:15 p. nl Saturday.
Judge Pollock requested that the fore
man of the Jury announce the verdict
which was, I'VE, the jury, find the de.
fendant guilty as charged"
Major Murphy maintained his usual
der the shock. Mrs. Murphy, thar
whom there is no truer or nobler wonl-
an i'll the state, was present to sustain
her husband i'll the crisis of their lives
and show her unfaltering loyalty.
Judge Lauder asked for stay of sen
telce, which was granted by the court
the stay being granted to the first day
OF the January term. Counsel also made
All oral motion for new trial.
The verdict was a surprise to the ma
jority OF people who had kept in close
touch with the case. the greater number
looking forward for disagreement and
several predicting all acquittal The
jury reported yesterday morning about
10 o'clock that an agreement was inn
possible and asked for instructions
Judge Pollock complied with the re-
quest and sent them back to the jury
room, urging them to come to an agree
ment. 1t is said that the jury at that
time stood nine for conviction to three
for acquittal. Later i'll the day it was
rumored that the vote was seven for
conviction and five for acquittal
The charge upon which the defendant
was arrested and convicted was forgery
in the third degree, the specific charge
being that he uttered forged road taS
receipt OF the Great Northern Railroad
Co. of the township of Ross, Ward
county. He was arrested July II, 1905,
OIL two charges, similar in nature, one
of the complaining witnesses being Har-
ry Hardy and the other VIM. Crowder.
The latter was the complaining witness
in the charge upon which the defendant
was convicted. He gave bond and asked
for change of venue, which was grant
ed by Judge Goss of the Eighth judi
cial district, Cass county being assigned
as the place of trial and Judge Pollock
named as judge.
The first trial was set for Jan. 5, 1906,
and continued three and one-Falf weeks.
the jury failing to arrive at a verdict.
1t is said the jury stood six for acquit-
tai and six for conviction at that time.
The attorneys for the state i'll the first
hearing were Asst. U. S. Attorney 3.
d. Townsend. States Attorney Geo. A..
McGee of Ward county and Assistant
States Attorney ]. E. Greene of Ward
county. Judge w. S. Lauder of Wall-
peton and Messrs. Barnett and Richard
son of Fargo were attorneys for the
defense i'll the first hearing.
The Ward county commissioners de-
cidcd that second trial was unneces-
sary, owing to the expense involved,
and the defendant did not desire Sec
ond trial for the same reason, but Judge
Pollock decided that the defendant was
entitled to verdict of acquittal or con-
viction and ordered second trial. which
began Nov. s. the hearing ending Dec.
i, when the case was submitted to the
jury. The jury was out almost two
full days.
Major Murphy has been prominent
teen years and was leader of the re-
publican organization of that county for
some ten years. He was "a member of
the legislature and for several terms
served as chairman of the Ward county
republican central committee. For
some four years he was agent of the
Great Northern and 500 Railway COM
panies for the handling of railroad road
taxes, and it was while acting i'll this
latter capacity that he is alleged to have
committed the acts which led to his
arrest, trials and conviction. Owing to
his pleasing personality, his heartiness
and frankness of manner, he enjoys a
wide acquaintance over the state and has
many warm friends, who have entire
confidence in his integrity. ss..