The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1908-02-27
!; j \, Court, O. 81. M: I
:.a. ~ W. ':i': 4 Is; Reversed
Supreme Court Reverses Lower Court Case Of Mai j.
aa H. Murphy.-H olds Gaze Was Not Properly Tried
~ ,yt'4p --ADistrict Victory for Murphy

Or gave any study to the case or
knew the kind Of evidence submitted
by Townsend and admitted by Pollock
could zee but one result-viz: tRever.
isal.by the1supreme court. 4ted y1
'aalt Is easy to obtain q verdict when
the Judge. as in Pollocks case, not
only was On one side Of the case
but also insisted on7 making himself
the 18th juror No'wellinformed man
in the state,a not .to,;say tlawyer, ac.t
cusesa Judge Pollock: OF legal ABILITY
even,when he is.1nc1ined to be fair.
Townsend, who tried the case for
the state, not only has SabilityLbut
hefFhasf cunning, shrewdness,S deceit
and downright rascality Pollock as.
sisted Townsend in bleeding Ward
county to'the extent OF $4,000 a
goodly part Of which went into Town.
sends pocket. :haa'i - ~ VI
The question OF my guilt or limo.
cence is hardly as important as the
question Of whether had the treat.
ment that American citizens expect
courts of justice to give them.
For some reason or other We are
proud Of the bulwarks Of our courts,
standing between a man and the
wrath of his enemies or the transitory
passion Of avengers. Notwithstand-
ing the injustice which I,claim was
heaped upon me. still have an abid-
ing faith in the people and the law
fairly administered. 'tis#2
Knowing my absolute and complete
innocence, I have full and mistaken
confidence in ultimate Justice and vim
dication." !9 23 I'll ,ss,'.
It will be observed that the court
significantly remarks with reference
to Judge Pollock's going into the jury
room where he went as aMurphy's at
torneys claiming to coerce the jury
into bringing in verdict Of convsc-
ton. y. az taa
THE fact that when the Judge went
to the jury room and asked II the
jury could agree and the foreman Of
the jury said they could not and that
five minutes after they brot in a YER
dict is a stubborn fact to get
around"
This case has become one of the
most famous in the legal, annals Of
the state.
{ About August 1905, Major J. S.
Murphy Of Minot, one of the pioneers
Of this region, who represented this
district three times in the legislature,
and who. was recognized as. an agrees
sive political leader, who fought the
so-called state machine and Senator
H. G. Hansbrough In season and out,
was, arrested by the states attorney
of Ward county on the alleged for
gerry Of q road overseer's receipt.
One VIM. .Crowder Of Ross was the
road overseer and the complaining
witness, Crowder, was the overseer
Of Ross township. . I \ 4
1T appears, from the evidence that
Murphy saw !Crowder at Ross and
Murphy claims Crowder. authorized,
him to get the Great. Northern rail
road money due :. Ross. wnship
amounting to:about 5000. Major Muir
ply, is should be noted, was employed
by the railroad to work out the road
tax, where it could be done. This
being the custom'in all counties OF
the state. Il
CDwder claims, that while he want
ed to- get the road money for the
township he did not authorize Murphy
to sign his name to the receipt; Muir
ply claims he did. Anyway Murphy.
did sign Crowder's name to; the re-
ceipt, got the. money and Z notified
Crowder TO- that effect, asked Orowder
to get the work done and he would
give him the money. -. sl ;..r,sl
.croxder says he cosld rot get the
work done and subsequently,, Murphy
turned ali the money over to- Crow
der and crowder turned the money
ovsr to the proper 'towu = scncers.
Il. I, Those were the facts wn BY
the evidence. es. Il II III ~ 5a9 {, s.
& me money. was given 'CFowder in
February. 1905. In. August. 1905. or
about ave months afterwards Grow I
der swore out . complaint against
Murphy TOR signing his name and Msr4
PHO was arrested.
I. The case was removed to Cas-
county by Judge Goss. The fifth trial
lasted ~ days and the Jury after bel
ing out "a hours disagreed, standing
8 for conviction and for acquittal.
~ ~ - 49,. - . e. ~