The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-12-04

Fargo. N. D., Dec. 4.-The Jury in
the case OF the State vs. John 8.
Murphy brought In a verdict yesterday
at 9:15 p. m. Of guilty.
Shortly before that time the defend
ant and his attorneys, Judge W. s.Lau-
der, Seth w. Richardson and ]. F. CAL
lahan. wore notified by Judge Pollock
that the jury had arrived at a verdict
and was ready to&report. Court was
convened and the jury was called
into the court room after having been
out since 9:l5 p. m. Saturday.
Judge Pollock requested that the
foreman Of the jury announce the YER
diet, wAicA vas. I'VE, the jury. ind
the defend3nt guilty % Charged.
Major Murphy maintained his usual
calm deuleaaag A4nd bore up we'll un-
der the shock. Mrs. Murphy, than
whom thsrs b no truer or nobler wom-
an in the state. was present to sustain
her husband in the crisis of their lives
and show her unfaltering loyalty.
Judge Lauder asked for a stay of
sentence, which was granted by the
court. the stay being granted to the
first day of the January term. Counsel
also made an oral motion for a new
trial.
The verdict was surprise to the
majority Of people who had kept in
close touch with the case, the greater
number looking. forward for a dis
agreement and several predicting an
acquittal. The jury reported yester-
day morning about 10 o'clock that an
agreement was impossible and asked
for instructions. Judge Pollock COM
piled with the request and sent them
back to the jury room, urging them to
come to an agreement. It is said that
the jury at that time stood nine for
conviction to three for acquittal. Later
in the day it was rumored that the
vote was seven for conviction and
five for acquittal.
The charge upon which the defend
ant was arrested and convicted was
forgery in the third degree, the specific
charge being that he uttered forged
road tax receipt of the Great Northern
Railroad company Of the township of
Ross, Ward county. He was arrested
July II, 1905; on two charges, similar
in nature. one of the complaining wit
nesses being Harry Hardy and the
other VIM. Crowder. The latter was
the complaining witness in the charge
upon which the defendant was con-
victed. He gave bond and asked for
a change of venue, which was grant,
ed by Judge Goss of the Eighth judi
cial district, Cass county being as
signed as the place of trial and Judge
Pollock named as judge.
The first trial was set for Jan. s,
1906, and continued three and one
half weeks, the jury failing to arrive
at verdict. 1t is said the jury stood
six for acquittal and six for conviction
at that time. The attorneys for the
state in the first hearing was Asst. U.
8. Attorney B. D. Townsend, States At
torney Geo. A. McGee Of Ward county
and Assistant States Attorney ]. E.
Greene of Ward county. Judge w. 8.
Lauder of Wahpeton and Messrs. Bar
nett and Richardson of Fargo were at
torneys for the defense in the first
hearing.
The Ward county commissioners de-
cided that second trial was unnec-
essary, owing to the expense involved,
and the defendant did not desire a
second trial for the same reason, but
Judge Pollock decided that the defen-
.dant was entitled to verdict of ac-
auittal or conviction 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
in Ward county politics for nearly fif-
teen years and was leader OF the re-
publican organization of that county
for some ten years. He was member
of the legislature and for several terms
served as chairman Of the Ward coun-
ty republican central committee. For
some four years he was agent of the
Great Northern and 500 Railway COM
nanies for the handling Of railroad
road taxes, and 1t was while acting In