The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-01-19
MURPHY CASE
EVIDENCE
Court Decided to Admit Testimony to
Show Intent Of Defendant In Al.
legged Forgeries.

Fargo, Jan. 1S.-The prosecution in
the Murphy case is nearing the end
and it is expected that the defense
Will be commenced tomorrow after
noon. The defendants brother, Mark
Murphy, arrived in the city today and
was an interested spectator at the
trial.
The pivotal point was reached in
the case this morning when Harry
Hardy was called to the stand. Right
OF Way Agent Olmstead had previous
ly been called to the stand and had
identified road tax receipt purported
to have been signed by Hardy, who is
a road overseer
did you sign this receipt" Hardy
was asked.
The question brought forth a storm
OF objections from the attorneys for
the defense, and the jury was excused
during the arguments on the admisa-
bility of the evidence.
Attorney Townsend for the prosecu-
ton contended that the state had
right to introduce evidence of other
forgeries in order to show the intent
OF the defendant. He produced num-
erous authorities in support of his
contention and argued that in cases
OF forgery an exception was taken to
the general rule which forbids the
admission of evidence of other Of
lenses.
THE defense in this case will sure
ly be that there was no intent" said
the attorney, land we have the right
to show that there was. The only way
we can do so is to show other for
geries.'
I'VE will admit that Crowder did
not sign the road tax receipt" said
Attorney Lauder, "and that we knew
he did not when we passed the in
strument.
MIR. Townsend stated that the forged
receipts concerning which proof would
be offered, If allowed by the court,
had been issued about the same time,
were similar in every respect except
that some were in payment of 500
taxes and the others in payment of
Great Northern taxes.
However, taxes are due from all
railroad companies at the same time
even in, Ward county," said the attor-
ney and even residents from Minot
smiled.
Judge Pollock ruled in favor of the
prosecution as far as the admission of
testimony concerning other tax re-
ceipts for the Great Northern Railway
Co.. but reserved judgment on the
admission of testimony concerning
tax receipts of the 500 road. Later
the defense withdrew all objections
to the admission of the testimony.
The question which had brought
forth the objections was then read and
Hardy answered in the negative He
stated further that he had never seen
the receipt until it was called to his
attention in States Attorney McGee's
Office some time after it had been is
sued. At that time Major Murphy en-
tered the Office but left almost i'm
mediately. He returned in a few
minutes and gave Hardy the amount
called for in the receipt
Right of Way Agent Nelson Lawson
of the 500 road was the next witness.
He identified several tax receipts and
subjected to a rigid cross-examination
by Attorney Lauder regarding letters
which had passed between the treas
urer of Ward county and the railway
company.
During the trial Attorney Lauder
has frequently intimated that the
present prosecution of Major Murphy
was in the nature of persecution. 1t
appears that during the years 1904
and 1905, Major Murphy, acting for
eastern capitalist, has loaned over
million dollars in Ward and Botti-
neau counties. Immediately after the
prosecution of the present case was
commenced, papers containing ac-
counts of the case. were mailed to
Major Murphys' client in the east for
the purpose of discrediting him. 1t
was also intimated that politics played
a part in the case.
William Dickman, road overseer
In Ward county, was called to the
stand this afternoon. He was being
subjected to cross-examination at a
late hour this afternoon by Attorney
Lauder.