The Fargo forum and daily republican., 1907-02-15

One year and a half in the state
penitentiary at Bismarck was the sem
tenee imposed on Major j. S. Murphy
of Minot by Judge Pollock, at o'clock
yesterday afternoon. A stay of sem
senee was asked for and promptly
granted, and the case will be appealed
at once to the state supreme court.
Major Murphy was accompanied to
the district court room late yesterday
afternoon by his attorneys, w. s. Lau
der of Wahpeton, Barnett & Richard
son of this city and j. s. Callahan of
Casselton, and q number of friends.
All of the papers for the appeal, in
Guiding a new bond for the defend
ants Appearance at any time, had been
prepared, SO that no delay was neces-
sary. However. the court granted
thirty days time in which to prepare
a transcript of the evidence to be sub
mitted to the higher court
In reply to the question, as to wheth-
er or not he had anything to say why
sentence should not be passed, Major
Murphy addressed the court briefly.
''The temptation to say much at this
time is strong and yet / don't know
that / actually ought to say anything.
Judge Lauder my attorney just
suggested to me that you would likely
ask the question you have now put
TO me, and that l would better say
nothing at this time.
Il repeat, however the temptation to
say a word is strong-and l will simply
say that / am absolutely and entirely
innocent of the crime for which stand
here convicted--as innocent, sir as the
man who never heard of the case.
''Of course, / realize fully The use-
lessness of demonstrating the physical
ilnpossibility of placing the big stones
on top Of the pyramids. They are
there and 1 seem to be here-here for
entence-impossible rs ii may seem.
In my own mind and conscience, i
want TO say to you that I am as far
above the thing of which l am con-
victed as the poles are apart And
while ! have strong likes and dislikes
feel myself so much above the little
fellows who brought this about and
the miserable tools they employed--so
far above them that cannot ever dig
Nifty them with my hate-I don't.
This has been to me an awful ex-
perience. My good name, the good
opinion of my fellow men, the good
opinion Of my friends, neighbors and
those who know me best are everything
to me. /, however, have this conso-
lation and that is: My friends and as
sociates are as absolutely convinced of
my innocence as | am myself and
might add that they are also as abso-
lutely sure as | am that ultimately
Will be eXonerated and vindicated
but l do feel that those who
brought this on me-and their abettors
who used every means, foul and fair
must somehow, sometime, somewhere,
be made to suffer as much as | have
suffered. The law of compensation
can't so far miscarry.
There are people, your honor. and
possibly would not have to go far to
find them, descended, as believe from
ancestors who heated pincers and
worked the thumb screws for the in
quisition-as hired men-who delight
in their small souls, to do mean, hate
ful, publishing things to theirs fellow
men II they can but call it doing duty
The word duty like the venom of
a serpent, is ever in their mouths and
by 1t they break hearts, destroy hopes
and ambition, create blackness and
despair, blot out light forbid happi-
ness, foster grief and plant pain and
resentment in breasts innocent of
crime-except that of helping fellow
mortals.
II have learned that it is better to
be blackmailed at times.
II have learned that it is better to
give the path to dog than to be
bitten by him--for even the killing of
the dog afterward win not cure the
bite.
THE effects OF the bite cannot be
wholly obliterated in my case.
''If left my primary elemental
feelings get away with me, my heart
and soul and brain would be full of
strong emotion, of hate and sorrow and
revenge. But try to live above that;
1 am above it, though sometimes my
hardest fight is with myself to keep
above it.
ut Is easy to conceive, your honor.
how twelve ignorant nnen-arad / use
that term in no offensive way--I mean
twelve men whose mental horizon is
extremely limited, could, after being
locked up for thirty days, their minds
warped and distorted because of the
surroundings, which were exactly as
though a great murder trial was being
tried or million dollars was at stake,
instead of a charge Of the most minor
offense II I may use the term.
X can, | say, conceive how twelve
men like / have described could con-
clude from the surroundings. not from
the facts or evidence that great
crime was committed and that they. as
indeed they were or seemed to be,
expected to bring in verdict Of
guilty
II feel, sir. that It was the influence
Of the court that brought about the