The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1908-02-27

The supreme court In an OPINION
written b judge M9egap Ina n y I
4ousl! cd sernsd in y tns fulleooart,
rbyversls Jddg4 Polk An lths now
famous Murphy case. NJ jill ~ ~
=. Judge spauldtng would TO farther
than the otherAmemberssof the bench
and.holds that none Of the testimony
which TOOK weeks to introduce III evi.
dence, should have been introduced. Y
The following is brief summary
Of the supreme codrts decision s'I
Bismarck, FEB. 21.-The Supreme
Court of the State Of North Dakota
yesterday handed down the following
opinion in the Murphy case g.
In the State Of North Dakota vs. y:
s. Murphy Of Ward County. on ap-
peal from District Court OF Cass
county / o'- $40 q a5Sj.' ~
"A majority opinion Of the, court
holds that the testimony relating to.
other similar offenses to the one Of
which ~. S., Murray Wass convicted
Wis admissible to}showw' intent. iJpdge
Spalding differs from the other mem.
'bers Of the court and holds that this
testimony should not have been ad.
mitted at all under the circumstances.
The testimony Of Mr.. McAllister as
to certain conversation with the de-
PENDANT Murphy, made after Murphy
had left his presence, was also in
admissible but THE case lwastnot de
tcided upon this point The MAIN rea.
son for reversing the district court is
the fact of. Judge Pollock's having
entered the Jury room while tho fur.
ors were deliberating upon a verdict.
The opinion Of the court is in part:
"As to purity of intention Of the Judge
in going into the Jury r9omiIin this
case and there having brief scommu-
nicationI with the jury, no certificate
or proof is necessary so far as this
court is concerned, as it we'll knows
that his uprightness' and sincere de-
sire to be absolutely just and fair in
all cases are beyond question. How
ever, the fact which confronts this
court its that he did enter the jury
room and communicate with the jur
ors. and this act is not contemplated
by any provision of statute within
this state. The proper place for COM
munication with jurors is in open
court where all parties concerned;
may be present and proper exception
may be taken ITO any communication
by parties in interest. It is deemed
improper for any communication TO be
made to the jurors in jury room in
absence of interested parties. The
jury room is for the jurors alone and
no communication should be made to
them by anyone but the officer in
charge, Who is permitted to ask them
only If they have agreed upon a yer.
dict. A communicating to the Jury
not in open court where It CAP be;
subject, toa exception ant" reviet by
all parties, Affect the efficiency Of
Jury trials as means of accomplish
ing justice after giving all partiet full
opportunity to be heard at all stages
Of the trial. In strict comphhhSe Of
this practice Of having all proceedings
in open court in presence Of counsel
Of On q notice to them unless waived,
is better than to countenance viola
tion thereof. 4 Unless prejudice is
shown the state urgently insistsfthat
prejudice could not have resulted from
what was done Or said ii this ease,
But We shall not consider that .hues'
ton. However, the fact that the fore
man Of this jury said, that he Hthot
they could not agree when the Judge
first spoke to them ana the factsthat
they did agree in ave, or ten minutes
would be q stubborn fact
? y ,
for consideration il He entered pp 'e't'
an injury as to the effect upon the
'jurry, Of the words spoken to them at
the time Of the Judges visit.
I'VE think that any communication
in this, way should be .prolhesied ard q
held pretudiciars 1t ID against tho pol
icy Of the lawseto' indulge in secret
communications or conferences With
jury or With, jurors in reference to
merits or law Of any case. TO deter
mine in each case whether prejudice
resulted; would, DO dimcult Il not Inn
possible. and justice will be better
subserved ~ avoiding such communi-
cations entirely. The authorities are
practically unanimous in condemning
such communications and in holding
them prejudical as' = matter Of law"
r-s.~n.ao.& . A,>rnaa acts five AaiIAd